{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/45.2-1637.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/45.2-1637.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/45.2-1637.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/45.2-1637.html"}],"law_id":76183,"edition_id":1,"section_id":76183,"structure_id":15425,"section_number":"45.2-1637","catch_line":" Objections to permits; hearing","history":"1982, c. 347, \u00a7\u00a7 45.1-315, 45.1-316, 45.1-317; 1987, c. 452; 1989, c. 529; 1990, c. 92, \u00a7 45.1-361.35; 1996, c. 854; 1998, c. 228; 2002, c. 277; 2021, Sp. Sess. I, c. 387.","full_text":"A\n\nObjections to a new permit or permit modification may be filed with the Director by any person having standing as set out in § 45.2-1632. Such objections shall be filed within 15 days of the objecting party’s receipt of the notice required by § 45.2-1632. Any person objecting to a permit shall state the reasons for his objections.B\n\nThe only objections to permits or permit modifications that may be raised by a surface owner are:1\n\nThe operations plan for soil erosion and sediment control is not adequate or not effective;2\n\nMeasures in addition to the requirement for a well’s water-protection string are necessary to protect freshwater-bearing strata;3\n\nThe permitted work will constitute a hazard to the safety of any person;4\n\nLocation of the coalbed methane well or coalbed methane well pipeline will unreasonably infringe on the surface owner’s use of the surface, so long as a reasonable alternative site is available within the unit and granting the objection will not materially impair any right contained in an agreement, valid at the time of the objection, between the surface owner and the operator or their predecessors or successors in interest; and5\n\nIf the surface owner is an interstate park commission, the location of the well or pipeline will unreasonably infringe on the surface owner’s use of the surface, so long as a reasonable alternative site is available within the unit and granting the objection will not materially impair any right contained in an agreement, valid at the time of the objection, between the surface owner and the operator or their predecessors or successors in interest.C\n\nThe only objections to permits or permit modifications that may be raised by a royalty owner are that the proposed well work:1\n\nDirectly impinges upon the royalty owner’s gas and oil interest;2\n\nThreatens to violate the objecting royalty owner’s property or statutory rights aside from his contractual rights; and3\n\nWould not adequately prevent the escape of the Commonwealth’s gas and oil resources or provide for the accurate measurement of gas and oil production and delivery to the first point to sale.D\n\nObjections to permits or permit modifications may be raised by a coal owner or operator pursuant to the provisions of §§ 45.2-1611 and 45.2-1612.E\n\nThe only objections to permits or permit modifications that may be raised by a mineral owner are those that could be raised by a coal owner under § 45.2-1611, so long as the mineral owner makes the objection and affirmatively proves that it does in fact apply with equal force to the mineral in question.F\n\nThe only objections to permits or permit modifications that may be raised by a gas storage field operator are those in which the gas storage operator affirmatively proves that the proposed well work will adversely affect the operation of his gas storage field certificated by the State Corporation Commission; however, nothing in this subsection shall be construed to preclude the owner of nonstorage strata from drilling a well for the purpose of producing oil or gas from any stratum above or below the storage stratum.G\n\nThe Director shall fix a time and place for an informal fact-finding hearing concerning an objection filed pursuant to this section. The hearing shall be scheduled for not less than 20 nor more than 30 days after the objection is filed. The Director shall prepare a notice of the hearing, stating all objections and by whom each is made, and send a copy of such notice by certified mail, return receipt requested, at least 10 days prior to the hearing date to the permit applicant and to every person with standing to object as prescribed by § 45.2-1632.H\n\nAt the hearing, if the parties fail to come to an agreement, the Director shall proceed to decide the objection pursuant to the provisions of the Administrative Process Act (§ 2.2-4000 et seq.) relating to informal fact-finding procedures.","order_by":null,"text":{"0":{"id":273576,"text":"Objections to a new permit or permit modification may be filed with the Director by any person having standing as set out in § 45.2-1632. Such objections shall be filed within 15 days of the objecting party’s receipt of the notice required by § 45.2-1632. Any person objecting to a permit shall state the reasons for his objections.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":273577,"text":"The only objections to permits or permit modifications that may be raised by a surface owner are:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":273578,"text":"The operations plan for soil erosion and sediment control is not adequate or not effective;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":273579,"text":"Measures in addition to the requirement for a well’s water-protection string are necessary to protect freshwater-bearing strata;","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":273580,"text":"The permitted work will constitute a hazard to the safety of any person;","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"5":{"id":273581,"text":"Location of the coalbed methane well or coalbed methane well pipeline will unreasonably infringe on the surface owner’s use of the surface, so long as a reasonable alternative site is available within the unit and granting the objection will not materially impair any right contained in an agreement, valid at the time of the objection, between the surface owner and the operator or their predecessors or successors in interest; and","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"B5"},"6":{"id":273582,"text":"If the surface owner is an interstate park commission, the location of the well or pipeline will unreasonably infringe on the surface owner’s use of the surface, so long as a reasonable alternative site is available within the unit and granting the objection will not materially impair any right contained in an agreement, valid at the time of the objection, between the surface owner and the operator or their predecessors or successors in interest.","type":"section","prefixes":["B","5"],"prefix":"5","entire_prefix":"B5","prefix_anchor":"B5","level":2,"prior_prefix":"B4","next_prefix":"C"},"7":{"id":273583,"text":"The only objections to permits or permit modifications that may be raised by a royalty owner are that the proposed well work:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B5","next_prefix":"C1"},"8":{"id":273584,"text":"Directly impinges upon the royalty owner’s gas and oil interest;","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"9":{"id":273585,"text":"Threatens to violate the objecting royalty owner’s property or statutory rights aside from his contractual rights; and","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"C3"},"10":{"id":273586,"text":"Would not adequately prevent the escape of the Commonwealth’s gas and oil resources or provide for the accurate measurement of gas and oil production and delivery to the first point to sale.","type":"section","prefixes":["C","3"],"prefix":"3","entire_prefix":"C3","prefix_anchor":"C3","level":2,"prior_prefix":"C2","next_prefix":"D"},"11":{"id":273587,"text":"Objections to permits or permit modifications may be raised by a coal owner or operator pursuant to the provisions of §§ 45.2-1611 and 45.2-1612.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C3","next_prefix":"E"},"12":{"id":273588,"text":"The only objections to permits or permit modifications that may be raised by a mineral owner are those that could be raised by a coal owner under § 45.2-1611, so long as the mineral owner makes the objection and affirmatively proves that it does in fact apply with equal force to the mineral in question.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"13":{"id":273589,"text":"The only objections to permits or permit modifications that may be raised by a gas storage field operator are those in which the gas storage operator affirmatively proves that the proposed well work will adversely affect the operation of his gas storage field certificated by the State Corporation Commission; however, nothing in this subsection shall be construed to preclude the owner of nonstorage strata from drilling a well for the purpose of producing oil or gas from any stratum above or below the storage stratum.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"14":{"id":273590,"text":"The Director shall fix a time and place for an informal fact-finding hearing concerning an objection filed pursuant to this section. The hearing shall be scheduled for not less than 20 nor more than 30 days after the objection is filed. The Director shall prepare a notice of the hearing, stating all objections and by whom each is made, and send a copy of such notice by certified mail, return receipt requested, at least 10 days prior to the hearing date to the permit applicant and to every person with standing to object as prescribed by § 45.2-1632.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"15":{"id":273591,"text":"At the hearing, if the parties fail to come to an agreement, the Director shall proceed to decide the objection pursuant to the provisions of the Administrative Process Act (§ 2.2-4000 et seq.) relating to informal fact-finding procedures.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G"}},"ancestry":[{"id":15425,"edition_id":1,"name":"Regulation of Gas and Oil Development and Production","identifier":"3","label":"article","depth":4,"order_by":1,"parent_id":13430,"metadata":{},"date_created":"2026-06-26 03:54:49","date_modified":"2026-06-26 03:54:49","permalink":{"id":224797,"object_type":"structure","relational_id":15425,"identifier":"3","token":"45.2\/IV\/16\/3","url":"\/45.2\/IV\/16\/3\/","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":58734,"structure_id":15425,"section_number":"45.2-1629","catch_line":" Duties, responsibilities, and authority of the Director","url":"\/45.2-1629\/","token":"45.2\/IV\/16\/3\/45.2-1629","metadata":false},{"id":67412,"structure_id":15425,"section_number":"45.2-1630","catch_line":" Powers, duties, and responsibilities of the Inspector","url":"\/45.2-1630\/","token":"45.2\/IV\/16\/3\/45.2-1630","metadata":false},{"id":69690,"structure_id":15425,"section_number":"45.2-1631","catch_line":" Permit required; gas, oil, or geophysical operations; coalbed methane gas wells; environmental assessment","url":"\/45.2-1631\/","token":"45.2\/IV\/16\/3\/45.2-1631","metadata":false},{"id":65415,"structure_id":15425,"section_number":"45.2-1632","catch_line":" Notice of permit applications and permit modification applications required; content","url":"\/45.2-1632\/","token":"45.2\/IV\/16\/3\/45.2-1632","metadata":false},{"id":71051,"structure_id":15425,"section_number":"45.2-1633","catch_line":" Bonding and financial security required","url":"\/45.2-1633\/","token":"45.2\/IV\/16\/3\/45.2-1633","metadata":false},{"id":71561,"structure_id":15425,"section_number":"45.2-1634","catch_line":" Gas and Oil Plugging and Restoration Fund","url":"\/45.2-1634\/","token":"45.2\/IV\/16\/3\/45.2-1634","metadata":false},{"id":86870,"structure_id":15425,"section_number":"45.2-1635","catch_line":" Expiration of permits","url":"\/45.2-1635\/","token":"45.2\/IV\/16\/3\/45.2-1635","metadata":false},{"id":77799,"structure_id":15425,"section_number":"45.2-1636","catch_line":" Abandonment or cessation of well or corehole operation; plugging required","url":"\/45.2-1636\/","token":"45.2\/IV\/16\/3\/45.2-1636","metadata":false},{"id":76183,"structure_id":15425,"section_number":"45.2-1637","catch_line":" Objections to permits; hearing","url":"\/45.2-1637\/","token":"45.2\/IV\/16\/3\/45.2-1637","metadata":false},{"id":83420,"structure_id":15425,"section_number":"45.2-1638","catch_line":" Appeals of Director's decisions to the Board","url":"\/45.2-1638\/","token":"45.2\/IV\/16\/3\/45.2-1638","metadata":false},{"id":84931,"structure_id":15425,"section_number":"45.2-1639","catch_line":" Persons required to register; designated agents","url":"\/45.2-1639\/","token":"45.2\/IV\/16\/3\/45.2-1639","metadata":false},{"id":59598,"structure_id":15425,"section_number":"45.2-1640","catch_line":" Report of permitted activities and production required; contents","url":"\/45.2-1640\/","token":"45.2\/IV\/16\/3\/45.2-1640","metadata":false},{"id":81636,"structure_id":15425,"section_number":"45.2-1641","catch_line":" Developing a gas or oil well as a water well","url":"\/45.2-1641\/","token":"45.2\/IV\/16\/3\/45.2-1641","metadata":false},{"id":60443,"structure_id":15425,"section_number":"45.2-1642","catch_line":" Orphaned Well Fund; orphaned wells","url":"\/45.2-1642\/","token":"45.2\/IV\/16\/3\/45.2-1642","metadata":false},{"id":78314,"structure_id":15425,"section_number":"45.2-1643","catch_line":" Interference by injection wells with groundwater supply","url":"\/45.2-1643\/","token":"45.2\/IV\/16\/3\/45.2-1643","metadata":false},{"id":75577,"structure_id":15425,"section_number":"45.2-1644","catch_line":" Safety in coalbed methane gas, oil, and geophysical operations","url":"\/45.2-1644\/","token":"45.2\/IV\/16\/3\/45.2-1644","metadata":false}],"previous_section":{"id":77799,"structure_id":15425,"section_number":"45.2-1636","catch_line":" Abandonment or cessation of well or corehole operation; plugging required","url":"\/45.2-1636\/","token":"45.2\/IV\/16\/3\/45.2-1636","metadata":false},"next_section":{"id":83420,"structure_id":15425,"section_number":"45.2-1638","catch_line":" Appeals of Director's decisions to the Board","url":"\/45.2-1638\/","token":"45.2\/IV\/16\/3\/45.2-1638","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/45.2-1637\/","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 6 times. 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. Those modifications are as follows: in 1987, chapter 452; in 1989, chapter 529; in 1990, chapter 92; in 1996, chapter 854<\/a>; in 1998, chapter 228<\/a>; in 2002, chapter 277<\/a>.<\/p>","references":[{"id":62118,"section_number":"45.2-1609","catch_line":" Appeals; venue; standing","order_by":null,"url":"\/45.2-1609\/"},{"id":83420,"section_number":"45.2-1638","catch_line":" Appeals of Director's decisions to the Board","order_by":null,"url":"\/45.2-1638\/"}],"refers_to":[{"id":86911,"section_number":"2.2-4000","catch_line":"Short title; purpose","order_by":null,"url":"\/2.2-4000\/"},{"id":87450,"section_number":"45.2-1611","catch_line":" Objections by coal owner","order_by":null,"url":"\/45.2-1611\/"},{"id":65415,"section_number":"45.2-1632","catch_line":" Notice of permit applications and permit modification applications required; content","order_by":null,"url":"\/45.2-1632\/"}],"permalink":{"id":224831,"object_type":"law","relational_id":76183,"identifier":"45.2-1637","token":"45.2\/IV\/16\/3\/45.2-1637","url":"\/45.2-1637\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/45.2-1637\/","token":"45.2\/IV\/16\/3\/45.2-1637","dublin_core":{"Title":" Objections to permits; hearing","Type":"Text","Format":"text\/html","Identifier":"\u00a7 45.2-1637","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Objections to a new permit or permit modification may be filed with the Director<\/span> by any person having standing as set out in § 45.2-1632<\/a>. Such objections shall be filed within 15 days of the objecting party<\/span>’s receipt of the notice required by § 45.2-1632<\/a>. Any person objecting to a permit shall state the reasons for his objections. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The only objections to permits or permit modifications that may be raised by a surface owner<\/span> are: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The operations plan for soil erosion and sediment control is not adequate or not effective; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Measures in addition to the requirement for a well<\/span>’s water-protection string are necessary to protect freshwater-bearing strata; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The permitted work will constitute a hazard to the safety of any person; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Location of the coalbed methane well<\/span> or coalbed methane well<\/span> pipeline<\/span> will unreasonably infringe on the surface owner<\/span>’s use of the surface, so long as a reasonable alternative site is available within the unit and granting the objection will not materially impair any right contained in an agreement, valid at the time of the objection, between the surface owner<\/span> and the operator or their predecessors or successors in interest; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> If the surface owner<\/span> is an interstate park commission, the location of the well<\/span> or pipeline<\/span> will unreasonably infringe on the surface owner<\/span>’s use of the surface, so long as a reasonable alternative site is available within the unit and granting the objection will not materially impair any right contained in an agreement, valid at the time of the objection, between the surface owner<\/span> and the operator or their predecessors or successors in interest. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The only objections to permits or permit modifications that may be raised by a royalty owner<\/span> are that the proposed well<\/span> work: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Directly impinges upon the royalty owner<\/span>’s gas<\/span> and oil<\/span> interest; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Threatens to violate the objecting royalty owner<\/span>’s property or statutory rights aside from his contractual rights; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Would not adequately prevent the escape of the Commonwealth’s gas<\/span> and oil<\/span> resources or provide for the accurate measurement of gas<\/span> and oil<\/span> production and delivery to the first point to sale. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Objections to permits or permit modifications may be raised by a coal owner<\/span> or operator pursuant to the provisions of §§ 45.2-1611<\/a> and 45.2-1612<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The only objections to permits or permit modifications that may be raised by a mineral owner<\/span> are those that could be raised by a coal owner<\/span> under § 45.2-1611<\/a>, so long as the mineral owner<\/span> makes the objection and affirmatively proves that it does in fact<\/span> apply with equal force to the mineral in question. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> The only objections to permits or permit modifications that may be raised by a gas<\/span> storage field operator are those in which the gas<\/span> storage operator affirmatively proves that the proposed well<\/span> work will adversely affect the operation of his gas<\/span> storage field certificated by the State Corporation Commission; however, nothing in this subsection shall be construed to preclude the owner of nonstorage strata from drilling a well<\/span> for the purpose of producing oil<\/span> or gas<\/span> from any stratum above or below the storage stratum. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> The Director<\/span> shall fix a time and place for an informal fact<\/span>-finding<\/span> hearing<\/span> concerning an objection filed pursuant to this section. The hearing<\/span> shall be scheduled for not less than 20 nor more than 30 days after the objection is filed. The Director<\/span> shall prepare a notice of the hearing<\/span>, stating all objections and by whom each is made, and send a copy of such notice by certified mail, return receipt requested, at least 10 days prior to the hearing<\/span> date to the permit applicant and to every person with standing to object<\/span> as prescribed by § 45.2-1632<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> At the hearing<\/span>, if the parties fail to come to an agreement, the Director<\/span> shall proceed to decide the objection pursuant to the provisions of the Administrative Process Act (§ 2.2-4000<\/a> et seq.) relating to informal fact<\/span>-finding<\/span> procedures. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\n OBJECTIONS TO PERMITS; HEARING (\u00a7 45.2-1637)\n\nA. Objections to a new permit or permit modification may be filed with the\nDirector by any person having standing as set out in § 45.2-1632. Such\nobjections shall be filed within 15 days of the objecting party’s receipt\nof the notice required by § 45.2-1632. Any person objecting to a permit\nshall state the reasons for his objections.\n\nB. The only objections to permits or permit modifications that may be raised by\na surface owner are:\n\n 1. The operations plan for soil erosion and sediment control is not adequate\n or not effective;\n\n 2. Measures in addition to the requirement for a well’s water-protection\n string are necessary to protect freshwater-bearing strata;\n\n 3. The permitted work will constitute a hazard to the safety of any person;\n\n 4. Location of the coalbed methane well or coalbed methane well pipeline will\n unreasonably infringe on the surface owner’s use of the surface, so long\n as a reasonable alternative site is available within the unit and granting the\n objection will not materially impair any right contained in an agreement,\n valid at the time of the objection, between the surface owner and the operator\n or their predecessors or successors in interest; and\n\n 5. If the surface owner is an interstate park commission, the location of the\n well or pipeline will unreasonably infringe on the surface owner’s use\n of the surface, so long as a reasonable alternative site is available within\n the unit and granting the objection will not materially impair any right\n contained in an agreement, valid at the time of the objection, between the\n surface owner and the operator or their predecessors or successors in\n interest.\n\nC. The only objections to permits or permit modifications that may be raised by\na royalty owner are that the proposed well work:\n\n 1. Directly impinges upon the royalty owner’s gas and oil interest;\n\n 2. Threatens to violate the objecting royalty owner’s property or\n statutory rights aside from his contractual rights; and\n\n 3. Would not adequately prevent the escape of the Commonwealth’s gas and\n oil resources or provide for the accurate measurement of gas and oil\n production and delivery to the first point to sale.\n\nD. Objections to permits or permit modifications may be raised by a coal owner\nor operator pursuant to the provisions of §§ 45.2-1611 and 45.2-1612.\n\nE. The only objections to permits or permit modifications that may be raised by\na mineral owner are those that could be raised by a coal owner under §\n45.2-1611, so long as the mineral owner makes the objection and affirmatively\nproves that it does in fact apply with equal force to the mineral in question.\n\nF. The only objections to permits or permit modifications that may be raised by\na gas storage field operator are those in which the gas storage operator\naffirmatively proves that the proposed well work will adversely affect the\noperation of his gas storage field certificated by the State Corporation\nCommission; however, nothing in this subsection shall be construed to preclude\nthe owner of nonstorage strata from drilling a well for the purpose of producing\noil or gas from any stratum above or below the storage stratum.\n\nG. The Director shall fix a time and place for an informal fact-finding hearing\nconcerning an objection filed pursuant to this section. The hearing shall be\nscheduled for not less than 20 nor more than 30 days after the objection is\nfiled. The Director shall prepare a notice of the hearing, stating all\nobjections and by whom each is made, and send a copy of such notice by certified\nmail, return receipt requested, at least 10 days prior to the hearing date to\nthe permit applicant and to every person with standing to object as prescribed\nby § 45.2-1632.\n\nH. At the hearing, if the parties fail to come to an agreement, the Director\nshall proceed to decide the objection pursuant to the provisions of the\nAdministrative Process Act (§ 2.2-4000 et seq.) relating to informal\nfact-finding procedures.\n\nHISTORY: 1982, c. 347, \u00a7\u00a7 45.1-315, 45.1-316, 45.1-317; 1987, c. 452; 1989, c.\n529; 1990, c. 92, \u00a7 45.1-361.35; 1996, c. 854; 1998, c. 228; 2002, c. 277;\n2021, Sp. Sess. I, 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}}