{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/45.2-1611.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/45.2-1611.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/45.2-1611.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/45.2-1611.html"}],"law_id":87450,"edition_id":1,"section_id":87450,"structure_id":15627,"section_number":"45.2-1611","catch_line":" Objections by coal owner","history":"1982, c. 347, \u00a7 45.1-318; 1990, c. 92, \u00a7 45.1-361.11; 2021, Sp. Sess. I, c. 387.","full_text":"A\n\nIn deciding on objections by a coal owner to a proposed permit modification or drilling unit modification, only the following questions shall be considered:1\n\nWhether the work can be done safely with respect to persons engaged in coal mining at or near the well site; and2\n\nWhether the well work is an unreasonable or arbitrary exercise of the well operator’s right to explore for, market, and produce gas or oil.B\n\nIn deciding on objections by a coal owner to the establishment of a drilling unit, the issuance of a permit for a new well, or the stimulation of a coalbed methane gas well, the following safety aspects shall first be considered, and no order or permit shall be issued where the evidence indicates that the proposed activity will be unsafe:1\n\nWhether the drilling unit or drilling location is above or in close proximity to any mine opening or shaft, entry, travel way, airway, haulageway, drainageway, or passageway, or to any proposed extension thereof, in any operated or abandoned or operating coal mine or in any coal mine already surveyed and platted but not yet being operated;2\n\nWhether the proposed drilling can reasonably be done through an existing or planned pillar of coal, or in close proximity to an existing well or such pillar of coal, taking into consideration the surface topography;3\n\nWhether the proposed well can be drilled safely or the proposed coalbed methane gas well can be stimulated safely, taking into consideration the dangers from creeps, squeezes, or other disturbances due to the extraction of coal; and4\n\nThe extent to which the proposed drilling unit or drilling location or stimulation of the coalbed methane gas well unreasonably interferes with the safe recovery of coal, gas, or oil.C\n\nThe following questions with respect to the drilling unit or drilling location of a new well or stimulation of a new coalbed methane gas well shall also be considered:1\n\nThe extent to which the proposed drilling unit or drilling location or coalbed methane gas well stimulation will unreasonably interfere with present or future coal mining operations;2\n\nThe feasibility of moving the proposed drilling unit or drilling location to a mined-out area, an area below the coal outcrop, or some other area;3\n\nThe feasibility of a drilling moratorium for not more than two years in order to permit the completion of coal mining operations;4\n\nThe methods proposed for the recovery of coal and gas;5\n\nThe practicality of locating the unit or the well on a uniform pattern with other units or wells;6\n\nThe surface topography and use; and7\n\nWhether the decision will substantially affect the right of the gas operator to explore for and produce the gas.D\n\nThe factors in subsection C are not intended to and shall not be construed to authorize the Director, or the Board under § 45.2-1638, to supersede, impair, abridge, or affect any contractual rights or obligations existing between the respective owners of coal and gas or any interest therein.","order_by":null,"text":{"0":{"id":313051,"text":"In deciding on objections by a coal owner to a proposed permit modification or drilling unit modification, only the following questions shall be considered:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":313052,"text":"Whether the work can be done safely with respect to persons engaged in coal mining at or near the well site; and","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":313053,"text":"Whether the well work is an unreasonable or arbitrary exercise of the well operator’s right to explore for, market, and produce gas or oil.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"B"},"3":{"id":313054,"text":"In deciding on objections by a coal owner to the establishment of a drilling unit, the issuance of a permit for a new well, or the stimulation of a coalbed methane gas well, the following safety aspects shall first be considered, and no order or permit shall be issued where the evidence indicates that the proposed activity will be unsafe:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A2","next_prefix":"B1"},"4":{"id":313055,"text":"Whether the drilling unit or drilling location is above or in close proximity to any mine opening or shaft, entry, travel way, airway, haulageway, drainageway, or passageway, or to any proposed extension thereof, in any operated or abandoned or operating coal mine or in any coal mine already surveyed and platted but not yet being operated;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"5":{"id":313056,"text":"Whether the proposed drilling can reasonably be done through an existing or planned pillar of coal, or in close proximity to an existing well or such pillar of coal, taking into consideration the surface topography;","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"6":{"id":313057,"text":"Whether the proposed well can be drilled safely or the proposed coalbed methane gas well can be stimulated safely, taking into consideration the dangers from creeps, squeezes, or other disturbances due to the extraction of coal; and","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"7":{"id":313058,"text":"The extent to which the proposed drilling unit or drilling location or stimulation of the coalbed methane gas well unreasonably interferes with the safe recovery of coal, gas, or oil.","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"C"},"8":{"id":313059,"text":"The following questions with respect to the drilling unit or drilling location of a new well or stimulation of a new coalbed methane gas well shall also be considered:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B4","next_prefix":"C1"},"9":{"id":313060,"text":"The extent to which the proposed drilling unit or drilling location or coalbed methane gas well stimulation will unreasonably interfere with present or future coal mining operations;","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"10":{"id":313061,"text":"The feasibility of moving the proposed drilling unit or drilling location to a mined-out area, an area below the coal outcrop, or some other area;","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"C3"},"11":{"id":313062,"text":"The feasibility of a drilling moratorium for not more than two years in order to permit the completion of coal mining operations;","type":"section","prefixes":["C","3"],"prefix":"3","entire_prefix":"C3","prefix_anchor":"C3","level":2,"prior_prefix":"C2","next_prefix":"C4"},"12":{"id":313063,"text":"The methods proposed for the recovery of coal and gas;","type":"section","prefixes":["C","4"],"prefix":"4","entire_prefix":"C4","prefix_anchor":"C4","level":2,"prior_prefix":"C3","next_prefix":"C5"},"13":{"id":313064,"text":"The practicality of locating the unit or the well on a uniform pattern with other units or wells;","type":"section","prefixes":["C","5"],"prefix":"5","entire_prefix":"C5","prefix_anchor":"C5","level":2,"prior_prefix":"C4","next_prefix":"C6"},"14":{"id":313065,"text":"The surface topography and use; and","type":"section","prefixes":["C","6"],"prefix":"6","entire_prefix":"C6","prefix_anchor":"C6","level":2,"prior_prefix":"C5","next_prefix":"C7"},"15":{"id":313066,"text":"Whether the decision will substantially affect the right of the gas operator to explore for and produce the gas.","type":"section","prefixes":["C","7"],"prefix":"7","entire_prefix":"C7","prefix_anchor":"C7","level":2,"prior_prefix":"C6","next_prefix":"D"},"16":{"id":313067,"text":"The factors in subsection C are not intended to and shall not be construed to authorize the Director, or the Board under § 45.2-1638, to supersede, impair, abridge, or affect any contractual rights or obligations existing between the respective owners of coal and gas or any interest therein.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C7"}},"ancestry":[{"id":15627,"edition_id":1,"name":"General Provisions","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":13430,"metadata":{},"date_created":"2026-06-26 03:57:04","date_modified":"2026-06-26 03:57:04","permalink":{"id":224677,"object_type":"structure","relational_id":15627,"identifier":"1","token":"45.2\/IV\/16\/1","url":"\/45.2\/IV\/16\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13430,"edition_id":1,"name":"Virginia Gas and Oil Act","identifier":"16","label":"chapter","depth":3,"order_by":1,"parent_id":13429,"metadata":{},"date_created":"2026-06-26 03:44:53","date_modified":"2026-06-26 03:44:53","permalink":{"id":224675,"object_type":"structure","relational_id":13430,"identifier":"16","token":"45.2\/IV\/16","url":"\/45.2\/IV\/16\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13429,"edition_id":1,"name":"Gas and Oil","identifier":"IV","label":"subtitle","depth":2,"order_by":1,"parent_id":12713,"metadata":{},"date_created":"2026-06-26 03:44:53","date_modified":"2026-06-26 03:44:53","permalink":{"id":224673,"object_type":"structure","relational_id":13429,"identifier":"IV","token":"45.2\/IV","url":"\/45.2\/IV\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12713,"edition_id":1,"name":"Mines, Minerals, and Energy","identifier":"45.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":222539,"object_type":"structure","relational_id":12713,"identifier":"45.2","token":"45.2","url":"\/45.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":71660,"structure_id":15627,"section_number":"45.2-1600","catch_line":" Definitions","url":"\/45.2-1600\/","token":"45.2\/IV\/16\/1\/45.2-1600","metadata":false},{"id":59679,"structure_id":15627,"section_number":"45.2-1601","catch_line":" Regulation of coal surface mining not affected by chapter","url":"\/45.2-1601\/","token":"45.2\/IV\/16\/1\/45.2-1601","metadata":false},{"id":65225,"structure_id":15627,"section_number":"45.2-1602","catch_line":" Construction; purposes","url":"\/45.2-1602\/","token":"45.2\/IV\/16\/1\/45.2-1602","metadata":false},{"id":75396,"structure_id":15627,"section_number":"45.2-1603","catch_line":" Virginia Gas and Oil Board; membership; compensation","url":"\/45.2-1603\/","token":"45.2\/IV\/16\/1\/45.2-1603","metadata":false},{"id":84693,"structure_id":15627,"section_number":"45.2-1604","catch_line":" Duties and responsibilities of the Director; Virginia Gas and Oil Inspector","url":"\/45.2-1604\/","token":"45.2\/IV\/16\/1\/45.2-1604","metadata":false},{"id":62897,"structure_id":15627,"section_number":"45.2-1605","catch_line":" Exclusivity of regulation and enforcement","url":"\/45.2-1605\/","token":"45.2\/IV\/16\/1\/45.2-1605","metadata":false},{"id":74768,"structure_id":15627,"section_number":"45.2-1606","catch_line":" Confidentiality","url":"\/45.2-1606\/","token":"45.2\/IV\/16\/1\/45.2-1606","metadata":false},{"id":86119,"structure_id":15627,"section_number":"45.2-1607","catch_line":" Expenditure of funds","url":"\/45.2-1607\/","token":"45.2\/IV\/16\/1\/45.2-1607","metadata":false},{"id":63148,"structure_id":15627,"section_number":"45.2-1608","catch_line":" Violations; penalties","url":"\/45.2-1608\/","token":"45.2\/IV\/16\/1\/45.2-1608","metadata":false},{"id":62118,"structure_id":15627,"section_number":"45.2-1609","catch_line":" Appeals; venue; standing","url":"\/45.2-1609\/","token":"45.2\/IV\/16\/1\/45.2-1609","metadata":false},{"id":84272,"structure_id":15627,"section_number":"45.2-1610","catch_line":" Copy of lease to lessor","url":"\/45.2-1610\/","token":"45.2\/IV\/16\/1\/45.2-1610","metadata":false},{"id":87450,"structure_id":15627,"section_number":"45.2-1611","catch_line":" Objections by coal owner","url":"\/45.2-1611\/","token":"45.2\/IV\/16\/1\/45.2-1611","metadata":false},{"id":73152,"structure_id":15627,"section_number":"45.2-1612","catch_line":" Distance limitations of certain wells","url":"\/45.2-1612\/","token":"45.2\/IV\/16\/1\/45.2-1612","metadata":false}],"previous_section":{"id":84272,"structure_id":15627,"section_number":"45.2-1610","catch_line":" Copy of lease to lessor","url":"\/45.2-1610\/","token":"45.2\/IV\/16\/1\/45.2-1610","metadata":false},"next_section":{"id":73152,"structure_id":15627,"section_number":"45.2-1612","catch_line":" Distance limitations of certain wells","url":"\/45.2-1612\/","token":"45.2\/IV\/16\/1\/45.2-1612","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/45.2-1611\/","history_text":"

This law was first created in 1982. The record of its establishment is cataloged in chapter 347 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1982 \u201cActs\u201d aren\u2019t available online. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 1990, chapter 92.<\/p>","references":[{"id":62118,"section_number":"45.2-1609","catch_line":" Appeals; venue; standing","order_by":null,"url":"\/45.2-1609\/"},{"id":59912,"section_number":"45.2-1616","catch_line":" Statewide spacing of wells","order_by":null,"url":"\/45.2-1616\/"},{"id":77291,"section_number":"45.2-1619","catch_line":" Field rules and drilling units for wells; hearings and orders","order_by":null,"url":"\/45.2-1619\/"},{"id":56696,"section_number":"45.2-1625","catch_line":" Appeals of the Director's decisions; notices; hearings and orders","order_by":null,"url":"\/45.2-1625\/"},{"id":76183,"section_number":"45.2-1637","catch_line":" Objections to permits; hearing","order_by":null,"url":"\/45.2-1637\/"}],"refers_to":[{"id":83420,"section_number":"45.2-1638","catch_line":" Appeals of Director's decisions to the Board","order_by":null,"url":"\/45.2-1638\/"}],"permalink":{"id":224723,"object_type":"law","relational_id":87450,"identifier":"45.2-1611","token":"45.2\/IV\/16\/1\/45.2-1611","url":"\/45.2-1611\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/45.2-1611\/","token":"45.2\/IV\/16\/1\/45.2-1611","dublin_core":{"Title":" Objections by coal owner","Type":"Text","Format":"text\/html","Identifier":"\u00a7 45.2-1611","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> In deciding on objections by a coal owner<\/span> to a proposed permit modification or drilling unit<\/span> modification, only the following questions shall be considered: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Whether the work can be done safely with respect to persons engaged in coal mining at or near the well<\/span> site; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Whether the well<\/span> work is an unreasonable or arbitrary exercise of the well<\/span> operator’s right to explore for, market, and produce gas<\/span> or oil<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> In deciding on objections by a coal owner<\/span> to the establishment of a drilling unit<\/span>, the issuance of a permit for a new well, or the stimulation<\/span> of a coalbed methane gas<\/span> well<\/span>, the following safety aspects shall first be considered, and no order<\/span> or permit shall be issued where the evidence<\/span> indicates that the proposed activity will be unsafe: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Whether the drilling unit<\/span> or drilling location is above or in close proximity to any mine<\/span> opening or shaft, entry, travel way, airway, haulageway, drainageway, or passageway, or to any proposed extension thereof, in any operated or abandoned or operating coal mine<\/span> or in any coal mine<\/span> already surveyed and platted but not yet being operated; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Whether the proposed drilling can reasonably be done through an existing or planned pillar of coal, or in close proximity to an existing well or such pillar of coal, taking into consideration the surface topography; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Whether the proposed well can be drilled safely or the proposed coalbed methane gas<\/span> well<\/span> can be stimulated safely, taking into consideration the dangers from creeps, squeezes, or other disturbances due to the extraction of coal; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The extent to which the proposed drilling unit<\/span> or drilling location or stimulation<\/span> of the coalbed methane gas<\/span> well<\/span> unreasonably interferes with the safe recovery of coal, gas, or oil<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The following questions with respect to the drilling unit<\/span> or drilling location of a new well or stimulation<\/span> of a new coalbed methane gas<\/span> well<\/span> shall also be considered: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The extent to which the proposed drilling unit<\/span> or drilling location or coalbed methane gas<\/span> well<\/span> stimulation<\/span> will unreasonably interfere with present or future coal mining operations; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The feasibility of moving the proposed drilling unit<\/span> or drilling location to a mined-out area, an area below the coal outcrop, or some other area; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The feasibility of a drilling moratorium for not more than two years in order<\/span> to permit the completion of coal mining operations; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The methods proposed for the recovery of coal and gas; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> The practicality of locating the unit or the well on a uniform pattern with other units or wells<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> The surface topography and use; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Whether the decision will substantially affect the right of the gas operator to explore for and produce the gas. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The factors in subsection C are not intended to and shall not be construed to authorize the Director<\/span>, or the Board<\/span> under § 45.2-1638<\/a>, to supersede, impair, abridge, or affect any contractual rights or obligations existing between the respective owners of coal and gas or any interest therein. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\n OBJECTIONS BY COAL OWNER (\u00a7 45.2-1611)\n\nA. In deciding on objections by a coal owner to a proposed permit modification\nor drilling unit modification, only the following questions shall be considered:\n\n 1. Whether the work can be done safely with respect to persons engaged in coal\n mining at or near the well site; and\n\n 2. Whether the well work is an unreasonable or arbitrary exercise of the well\n operator’s right to explore for, market, and produce gas or oil.\n\nB. In deciding on objections by a coal owner to the establishment of a drilling\nunit, the issuance of a permit for a new well, or the stimulation of a coalbed\nmethane gas well, the following safety aspects shall first be considered, and no\norder or permit shall be issued where the evidence indicates that the proposed\nactivity will be unsafe:\n\n 1. Whether the drilling unit or drilling location is above or in close\n proximity to any mine opening or shaft, entry, travel way, airway, haulageway,\n drainageway, or passageway, or to any proposed extension thereof, in any\n operated or abandoned or operating coal mine or in any coal mine already\n surveyed and platted but not yet being operated;\n\n 2. Whether the proposed drilling can reasonably be done through an existing or\n planned pillar of coal, or in close proximity to an existing well or such\n pillar of coal, taking into consideration the surface topography;\n\n 3. Whether the proposed well can be drilled safely or the proposed coalbed\n methane gas well can be stimulated safely, taking into consideration the\n dangers from creeps, squeezes, or other disturbances due to the extraction of\n coal; and\n\n 4. The extent to which the proposed drilling unit or drilling location or\n stimulation of the coalbed methane gas well unreasonably interferes with the\n safe recovery of coal, gas, or oil.\n\nC. The following questions with respect to the drilling unit or drilling\nlocation of a new well or stimulation of a new coalbed methane gas well shall\nalso be considered:\n\n 1. The extent to which the proposed drilling unit or drilling location or\n coalbed methane gas well stimulation will unreasonably interfere with present\n or future coal mining operations;\n\n 2. The feasibility of moving the proposed drilling unit or drilling location\n to a mined-out area, an area below the coal outcrop, or some other area;\n\n 3. The feasibility of a drilling moratorium for not more than two years in\n order to permit the completion of coal mining operations;\n\n 4. The methods proposed for the recovery of coal and gas;\n\n 5. The practicality of locating the unit or the well on a uniform pattern with\n other units or wells;\n\n 6. The surface topography and use; and\n\n 7. Whether the decision will substantially affect the right of the gas\n operator to explore for and produce the gas.\n\nD. The factors in subsection C are not intended to and shall not be construed to\nauthorize the Director, or the Board under § 45.2-1638, to supersede,\nimpair, abridge, or affect any contractual rights or obligations existing\nbetween the respective owners of coal and gas or any interest therein.\n\nHISTORY: 1982, c. 347, \u00a7 45.1-318; 1990, c. 92, \u00a7 45.1-361.11; 2021, Sp. Sess.\nI, c. 387.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}