{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/45.2-1646.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/45.2-1646.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/45.2-1646.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/45.2-1646.html"}],"law_id":76147,"edition_id":1,"section_id":76147,"structure_id":14449,"section_number":"45.2-1646","catch_line":" Tidewater Virginia; drilling for gas or oil prohibited in certain areas","history":"1989, c. 325; \u00a7 62.1-195.1; 1990, c. 967; 1992, cc. 480, 887; 1993, c. 239; 1994, c. 957; 2012, cc. 785, 819; 2013, cc. 756, 793; 2021, Sp. Sess. I, cc. 387, 401.","full_text":"A\n\nIn Tidewater Virginia, as defined in § 62.1-44.15:68, no person shall drill for gas or oil (i) within 500 feet of the shoreline of the waters of the Chesapeake Bay or any of its tributaries, as measured landward of the shoreline, or (ii) if it is farther than 500 feet from such shoreline, in any Chesapeake Bay Preservation Area, as defined in § 62.1-44.15:68, that a local government designates as a Resource Protection Area and incorporates into its local comprehensive plan. Resource Protection Areas shall be defined according to the criteria developed by the State Water Control Board pursuant to § 62.1-44.15:72.B\n\nIf any person desires to drill for gas or oil in any area of Tidewater Virginia where drilling is not prohibited by the provisions of subsection A, he shall submit an environmental impact assessment to the Department as part of his application for a permit to drill. Such environmental impact assessment shall include:1\n\nThe probabilities and consequences of accidental discharge of gas or oil into the environment during drilling, production, and transportation for:\n\t\t\t\ta. Finfish, shellfish, and other marine or freshwater organisms;\n\t\t\t\tb. Birds and other wildlife that use the air and water resources;\n\t\t\t\tc. Air and water quality; and\n\t\t\t\td. Land and water resources;2\n\nRecommendations for minimizing any adverse economic, fiscal, or environmental impacts; and3\n\nAn examination of the secondary environmental effects of induced economic development due to the drilling and production.C\n\nUpon receipt of an environmental impact assessment, the Department shall notify the Department of Environmental Quality to coordinate a review of the environmental impact assessment. DEQ shall:1\n\nPublish in the Virginia Register of Regulations a notice that is sufficient to identify the environmental impact assessment and provides an opportunity for public review of and comment on the assessment. The period for public review and comment shall not be less than 30 days from the date of publication;2\n\nSubmit the environmental impact assessment to all appropriate state agencies to review the assessment and submit their comments to DEQ; and3\n\nBased upon the review by all appropriate state agencies and the public comments received, submit findings and recommendations to the Department within 90 days after notification and receipt of the environmental impact assessment from the Department.D\n\nThe Department shall not grant a permit under § 45.2-1631 until it has considered the findings and recommendations of DEQ.E\n\nDEQ shall, in conjunction with other state agencies and in conformance with the Administrative Process Act (§ 2.2-4000 et seq.), develop criteria and procedures to assure the orderly preparation and evaluation of environmental impact assessments required by this section.F\n\nA person may drill an exploratory well or a gas well in any area of Tidewater Virginia where drilling is not prohibited by the provisions of subsection A only if:1\n\nFor directional drilling, the person has the permission of the owners of all lands to be directionally drilled into;2\n\nThe person files an oil discharge contingency plan and proof of financial responsibility to implement the plan, both already filed with and approved by the State Water Control Board. For purposes of this section, such oil discharge contingency plan shall comply with the requirements set forth in § 62.1-44.34:15. The State Water Control Board’s regulations governing the amount of any financial responsibility required shall take into account the type of operation, the location of the well, the risk of discharge or accidental release, the potential damage or injury to state waters or sensitive natural resource features or the impairment of their beneficial use that may result from discharge or release, the potential cost of containment and cleanup, and the nature and degree of injury or interference with general health, welfare, and property that may result from discharge or accidental release;3\n\nAll land-disturbing activities resulting from the construction and operation of the permanent facilities necessary to implement the contingency plan and the area within the berm will be located outside any area described in subsection A;4\n\nThe drilling site is stabilized with boards, gravel, or other materials that will result in minimal amounts of runoff;5\n\nPersons certified in blowout prevention are present at all times during drilling;6\n\nConductor pipe is set as necessary from the surface;7\n\nCasing is set and pressure-grouted from the surface to a point at least 2,500 feet below the surface or 300 feet below the deepest known groundwater, as defined in § 62.1-255, for a beneficial use, as defined in § 62.1-10, whichever is deeper;8\n\nFreshwater-based drilling mud is used during drilling;9\n\nThere is no onsite disposal of drilling muds, produced contaminated fluids, waste contaminated fluids, or other contaminated fluids;10\n\nMultiple blow-out preventers are employed; and11\n\nThe person complies with all requirements of Chapter 16 (§ 45.2-1600 et seq.) and regulations adopted thereunder.G\n\nThe provisions of subsection A and subdivisions F 1 and 4 through 9 shall be enforced consistent with the requirements of Chapter 16 (§ 45.2-1600 et seq.).H\n\nIf exploration activities in Tidewater Virginia result in a finding by the Director that production of commercially recoverable quantities of oil is likely and imminent, the Director shall notify the Secretary of Commerce and Trade and the Secretary of Natural and Historic Resources. At that time, the Secretaries shall develop a joint report to the Governor and the General Assembly assessing the environmental risks and safeguards, transportation issues, state-of-the-art oil production well technology, economic impacts, regulatory initiatives, operational standards, and other matters related to the production of oil in the region. No permit for an oil production well shall be issued until (i) the Governor has had an opportunity to review the report and make recommendations, in the public interest, for legislative and regulatory changes; (ii) the General Assembly, during the next upcoming regular session, has acted on the Governor’s recommendations or on its own initiatives; and (iii) any resulting legislation has become effective. The report by the Secretaries and the Governor’s recommendations shall be completed within 18 months of the notification of the Secretaries of the findings of the Director.","order_by":null,"text":{"0":{"id":273303,"text":"In Tidewater Virginia, as defined in § 62.1-44.15:68, no person shall drill for gas or oil (i) within 500 feet of the shoreline of the waters of the Chesapeake Bay or any of its tributaries, as measured landward of the shoreline, or (ii) if it is farther than 500 feet from such shoreline, in any Chesapeake Bay Preservation Area, as defined in § 62.1-44.15:68, that a local government designates as a Resource Protection Area and incorporates into its local comprehensive plan. Resource Protection Areas shall be defined according to the criteria developed by the State Water Control Board pursuant to § 62.1-44.15:72.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":273304,"text":"If any person desires to drill for gas or oil in any area of Tidewater Virginia where drilling is not prohibited by the provisions of subsection A, he shall submit an environmental impact assessment to the Department as part of his application for a permit to drill. Such environmental impact assessment shall include:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":273305,"text":"The probabilities and consequences of accidental discharge of gas or oil into the environment during drilling, production, and transportation for:\n\t\t\t\ta. Finfish, shellfish, and other marine or freshwater organisms;\n\t\t\t\tb. Birds and other wildlife that use the air and water resources;\n\t\t\t\tc. Air and water quality; and\n\t\t\t\td. Land and water resources;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":273306,"text":"Recommendations for minimizing any adverse economic, fiscal, or environmental impacts; and","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":273307,"text":"An examination of the secondary environmental effects of induced economic development due to the drilling and production.","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"C"},"5":{"id":273308,"text":"Upon receipt of an environmental impact assessment, the Department shall notify the Department of Environmental Quality to coordinate a review of the environmental impact assessment. DEQ shall:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B3","next_prefix":"C1"},"6":{"id":273309,"text":"Publish in the Virginia Register of Regulations a notice that is sufficient to identify the environmental impact assessment and provides an opportunity for public review of and comment on the assessment. The period for public review and comment shall not be less than 30 days from the date of publication;","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"7":{"id":273310,"text":"Submit the environmental impact assessment to all appropriate state agencies to review the assessment and submit their comments to DEQ; and","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"C3"},"8":{"id":273311,"text":"Based upon the review by all appropriate state agencies and the public comments received, submit findings and recommendations to the Department within 90 days after notification and receipt of the environmental impact assessment from the Department.","type":"section","prefixes":["C","3"],"prefix":"3","entire_prefix":"C3","prefix_anchor":"C3","level":2,"prior_prefix":"C2","next_prefix":"D"},"9":{"id":273312,"text":"The Department shall not grant a permit under § 45.2-1631 until it has considered the findings and recommendations of DEQ.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C3","next_prefix":"E"},"10":{"id":273313,"text":"DEQ shall, in conjunction with other state agencies and in conformance with the Administrative Process Act (§ 2.2-4000 et seq.), develop criteria and procedures to assure the orderly preparation and evaluation of environmental impact assessments required by this section.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"11":{"id":273314,"text":"A person may drill an exploratory well or a gas well in any area of Tidewater Virginia where drilling is not prohibited by the provisions of subsection A only if:","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"F1"},"12":{"id":273315,"text":"For directional drilling, the person has the permission of the owners of all lands to be directionally drilled into;","type":"section","prefixes":["F","1"],"prefix":"1","entire_prefix":"F1","prefix_anchor":"F1","level":2,"prior_prefix":"F","next_prefix":"F2"},"13":{"id":273316,"text":"The person files an oil discharge contingency plan and proof of financial responsibility to implement the plan, both already filed with and approved by the State Water Control Board. For purposes of this section, such oil discharge contingency plan shall comply with the requirements set forth in § 62.1-44.34:15. The State Water Control Board’s regulations governing the amount of any financial responsibility required shall take into account the type of operation, the location of the well, the risk of discharge or accidental release, the potential damage or injury to state waters or sensitive natural resource features or the impairment of their beneficial use that may result from discharge or release, the potential cost of containment and cleanup, and the nature and degree of injury or interference with general health, welfare, and property that may result from discharge or accidental release;","type":"section","prefixes":["F","2"],"prefix":"2","entire_prefix":"F2","prefix_anchor":"F2","level":2,"prior_prefix":"F1","next_prefix":"F3"},"14":{"id":273317,"text":"All land-disturbing activities resulting from the construction and operation of the permanent facilities necessary to implement the contingency plan and the area within the berm will be located outside any area described in subsection A;","type":"section","prefixes":["F","3"],"prefix":"3","entire_prefix":"F3","prefix_anchor":"F3","level":2,"prior_prefix":"F2","next_prefix":"F4"},"15":{"id":273318,"text":"The drilling site is stabilized with boards, gravel, or other materials that will result in minimal amounts of runoff;","type":"section","prefixes":["F","4"],"prefix":"4","entire_prefix":"F4","prefix_anchor":"F4","level":2,"prior_prefix":"F3","next_prefix":"F5"},"16":{"id":273319,"text":"Persons certified in blowout prevention are present at all times during drilling;","type":"section","prefixes":["F","5"],"prefix":"5","entire_prefix":"F5","prefix_anchor":"F5","level":2,"prior_prefix":"F4","next_prefix":"F6"},"17":{"id":273320,"text":"Conductor pipe is set as necessary from the surface;","type":"section","prefixes":["F","6"],"prefix":"6","entire_prefix":"F6","prefix_anchor":"F6","level":2,"prior_prefix":"F5","next_prefix":"F7"},"18":{"id":273321,"text":"Casing is set and pressure-grouted from the surface to a point at least 2,500 feet below the surface or 300 feet below the deepest known groundwater, as defined in § 62.1-255, for a beneficial use, as defined in § 62.1-10, whichever is deeper;","type":"section","prefixes":["F","7"],"prefix":"7","entire_prefix":"F7","prefix_anchor":"F7","level":2,"prior_prefix":"F6","next_prefix":"F8"},"19":{"id":273322,"text":"Freshwater-based drilling mud is used during drilling;","type":"section","prefixes":["F","8"],"prefix":"8","entire_prefix":"F8","prefix_anchor":"F8","level":2,"prior_prefix":"F7","next_prefix":"F9"},"20":{"id":273323,"text":"There is no onsite disposal of drilling muds, produced contaminated fluids, waste contaminated fluids, or other contaminated fluids;","type":"section","prefixes":["F","9"],"prefix":"9","entire_prefix":"F9","prefix_anchor":"F9","level":2,"prior_prefix":"F8","next_prefix":"F10"},"21":{"id":273324,"text":"Multiple blow-out preventers are employed; and","type":"section","prefixes":["F","10"],"prefix":"10","entire_prefix":"F10","prefix_anchor":"F10","level":2,"prior_prefix":"F9","next_prefix":"F11"},"22":{"id":273325,"text":"The person complies with all requirements of Chapter 16 (§ 45.2-1600 et seq.) and regulations adopted thereunder.","type":"section","prefixes":["F","11"],"prefix":"11","entire_prefix":"F11","prefix_anchor":"F11","level":2,"prior_prefix":"F10","next_prefix":"G"},"23":{"id":273326,"text":"The provisions of subsection A and subdivisions F 1 and 4 through 9 shall be enforced consistent with the requirements of Chapter 16 (§ 45.2-1600 et seq.).","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F11","next_prefix":"H"},"24":{"id":273327,"text":"If exploration activities in Tidewater Virginia result in a finding by the Director that production of commercially recoverable quantities of oil is likely and imminent, the Director shall notify the Secretary of Commerce and Trade and the Secretary of Natural and Historic Resources. At that time, the Secretaries shall develop a joint report to the Governor and the General Assembly assessing the environmental risks and safeguards, transportation issues, state-of-the-art oil production well technology, economic impacts, regulatory initiatives, operational standards, and other matters related to the production of oil in the region. No permit for an oil production well shall be issued until (i) the Governor has had an opportunity to review the report and make recommendations, in the public interest, for legislative and regulatory changes; (ii) the General Assembly, during the next upcoming regular session, has acted on the Governor’s recommendations or on its own initiatives; and (iii) any resulting legislation has become effective. The report by the Secretaries and the Governor’s recommendations shall be completed within 18 months of the notification of the Secretaries of the findings of the Director.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G"}},"ancestry":[{"id":14449,"edition_id":1,"name":"Drilling for Gas or Oil in the Chesapeake Bay or Tidewater Virginia; Hydraulic Fracturing","identifier":"4","label":"article","depth":4,"order_by":1,"parent_id":13430,"metadata":{},"date_created":"2026-06-26 03:48:11","date_modified":"2026-06-26 03:48:11","permalink":{"id":224863,"object_type":"structure","relational_id":14449,"identifier":"4","token":"45.2\/IV\/16\/4","url":"\/45.2\/IV\/16\/4\/","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":63176,"structure_id":14449,"section_number":"45.2-1645","catch_line":" Chesapeake Bay; drilling for gas or oil prohibited","url":"\/45.2-1645\/","token":"45.2\/IV\/16\/4\/45.2-1645","metadata":false},{"id":76147,"structure_id":14449,"section_number":"45.2-1646","catch_line":" Tidewater Virginia; drilling for gas or oil prohibited in certain areas","url":"\/45.2-1646\/","token":"45.2\/IV\/16\/4\/45.2-1646","metadata":false},{"id":55823,"structure_id":14449,"section_number":"45.2-1647","catch_line":" Hydraulic fracturing; groundwater management area","url":"\/45.2-1647\/","token":"45.2\/IV\/16\/4\/45.2-1647","metadata":false}],"previous_section":{"id":63176,"structure_id":14449,"section_number":"45.2-1645","catch_line":" Chesapeake Bay; drilling for gas or oil prohibited","url":"\/45.2-1645\/","token":"45.2\/IV\/16\/4\/45.2-1645","metadata":false},"next_section":{"id":55823,"structure_id":14449,"section_number":"45.2-1647","catch_line":" Hydraulic fracturing; groundwater management area","url":"\/45.2-1647\/","token":"45.2\/IV\/16\/4\/45.2-1647","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/45.2-1646\/","history_text":"

This law was first created in 1989. The record of its establishment is cataloged in chapter 325 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 1989 \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 1990, chapter 967; in 1992, chapters 480 and 887; in 1993, chapter 239; in 1994, chapter 957<\/a>; in 2012, chapters 785<\/a> and 819<\/a>; in 2013, chapters 756<\/a> and 793<\/a>.<\/p>","references":[{"id":69690,"section_number":"45.2-1631","catch_line":" Permit required; gas, oil, or geophysical operations; coalbed methane gas wells; environmental assessment","order_by":null,"url":"\/45.2-1631\/"}],"refers_to":[{"id":86911,"section_number":"2.2-4000","catch_line":"Short title; purpose","order_by":null,"url":"\/2.2-4000\/"},{"id":71660,"section_number":"45.2-1600","catch_line":" Definitions","order_by":null,"url":"\/45.2-1600\/"},{"id":69690,"section_number":"45.2-1631","catch_line":" Permit required; gas, oil, or geophysical operations; coalbed methane gas wells; environmental assessment","order_by":null,"url":"\/45.2-1631\/"},{"id":81011,"section_number":"62.1-10","catch_line":"Definitions","order_by":null,"url":"\/62.1-10\/"},{"id":79593,"section_number":"62.1-255","catch_line":"Definitions","order_by":null,"url":"\/62.1-255\/"},{"id":65612,"section_number":"62.1-44.15:68","catch_line":"Definitions","order_by":null,"url":"\/62.1-44.15_68\/"},{"id":76513,"section_number":"62.1-44.34:15","catch_line":"Oil discharge contingency plans","order_by":null,"url":"\/62.1-44.34_15\/"}],"permalink":{"id":224869,"object_type":"law","relational_id":76147,"identifier":"45.2-1646","token":"45.2\/IV\/16\/4\/45.2-1646","url":"\/45.2-1646\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/45.2-1646\/","token":"45.2\/IV\/16\/4\/45.2-1646","dublin_core":{"Title":" Tidewater Virginia; drilling for gas or oil prohibited in certain areas","Type":"Text","Format":"text\/html","Identifier":"\u00a7 45.2-1646","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> In Tidewater Virginia, as defined in § 62.1-44.15:68<\/a>, no person shall drill for gas<\/span> or oil<\/span> (i) within 500 feet of the shoreline of the waters of the Chesapeake Bay or any of its tributaries, as measured landward of the shoreline, or (ii) if it is farther than 500 feet from such shoreline, in any Chesapeake Bay Preservation Area, as defined in § 62.1-44.15:68<\/a>, that a local government designates as a Resource Protection Area and incorporates into its local comprehensive plan. Resource Protection Areas shall be defined according to the criteria developed by the State Water Control Board<\/span> pursuant to § 62.1-44.15:72<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> If any person desires to drill for gas<\/span> or oil<\/span> in any area of Tidewater Virginia where drilling is not prohibited by the provisions of subsection A, he shall submit an environmental impact assessment to the Department<\/span> as part of his application for a permit to drill. Such environmental impact assessment shall include: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The probabilities and consequences of accidental discharge of gas<\/span> or oil<\/span> into the environment during drilling, production, and transportation for:\n\t\t\t\ta. Finfish, shellfish, and other marine or freshwater organisms;\n\t\t\t\tb. Birds and other wildlife that use the air and water resources;\n\t\t\t\tc. Air and water quality; and\n\t\t\t\td. Land and water resources; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Recommendations for minimizing any adverse economic, fiscal, or environmental impacts; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> An examination of the secondary environmental effects of induced economic development due to the drilling and production. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Upon receipt of an environmental impact assessment, the Department<\/span> shall notify the Department<\/span> of Environmental Quality to coordinate a review of the environmental impact assessment. DEQ<\/span> shall: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Publish in the Virginia Register of Regulations a notice that is sufficient to identify the environmental impact assessment and provides an opportunity for public review of and comment on the assessment. The period for public review and comment shall not be less than 30 days from the date of publication; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Submit the environmental impact assessment to all appropriate state agencies to review the assessment and submit their comments to DEQ<\/span>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Based upon the review by all appropriate state agencies and the public comments received, submit findings<\/span> and recommendations to the Department<\/span> within 90 days after notification and receipt of the environmental impact assessment from the Department<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The Department<\/span> shall not grant a permit under § 45.2-1631<\/a> until it has considered the findings<\/span> and recommendations of DEQ<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> DEQ<\/span> shall, in conjunction with other state agencies and in conformance with the Administrative Process Act (§ 2.2-4000<\/a> et seq.), develop criteria and procedures to assure the orderly preparation and evaluation of environmental impact assessments required by this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> A person may drill an exploratory well<\/span> or a gas<\/span> well in any area of Tidewater Virginia where drilling is not prohibited by the provisions of subsection A only if: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> For directional drilling, the person has the permission of the owners of all lands to be directionally drilled into; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The person files an oil<\/span> discharge contingency plan and proof of financial responsibility to implement the plan, both already filed with and approved by the State Water Control Board<\/span>. For purposes of this section, such oil<\/span> discharge contingency plan shall comply with the requirements set forth in § 62.1-44.34:15<\/a>. The State Water Control Board<\/span>’s regulations governing the amount of any financial responsibility required shall take into account the type of operation, the location of the well, the risk of discharge or accidental release, the potential damage or injury to state waters<\/span> or sensitive natural resource features or the impairment of their beneficial use that may result from discharge or release, the potential cost of containment and cleanup, and the nature and degree of injury or interference with general health, welfare, and property that may result from discharge or accidental release; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> All land-disturbing activities resulting from the construction and operation of the permanent facilities necessary to implement the contingency plan and the area within the berm will be located outside any area described in subsection A; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The drilling site is stabilized with boards<\/span>, gravel, or other materials<\/span> that will result in minimal amounts of runoff; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Persons certified in blowout prevention are present at all times during drilling; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Conductor pipe is set as necessary from the surface; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Casing is set and pressure-grouted from the surface to a point at least 2,500 feet below the surface or 300 feet below the deepest known groundwater, as defined in § 62.1-255<\/a>, for a beneficial use, as defined in § 62.1-10<\/a>, whichever is deeper; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> Freshwater-based drilling mud is used during drilling; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> There is no onsite disposal of drilling muds, produced contaminated fluids, waste<\/span> contaminated fluids, or other contaminated fluids; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

10.<\/span> Multiple blow-out preventers are employed; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

11.<\/span> The person complies with all requirements of Chapter 16 (§ 45.2-1600<\/a> et seq.) and regulations adopted thereunder. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> The provisions of subsection A and subdivisions F 1 and 4 through 9 shall be enforced consistent with the requirements of Chapter 16 (§ 45.2-1600<\/a> et seq.). <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> If exploration activities in Tidewater Virginia result in a finding<\/span> by the Director<\/span> that production of commercially recoverable quantities of oil<\/span> is likely and imminent, the Director<\/span> shall notify the Secretary of Commerce and Trade and the Secretary of Natural and Historic Resources. At that time, the Secretaries shall develop a joint report to the Governor and the General Assembly assessing the environmental risks and safeguards, transportation issues<\/span>, state-of-the-art oil<\/span> production well technology, economic impacts, regulatory initiatives, operational standards, and other matters related to the production of oil<\/span> in the region. No permit for an oil<\/span> production well shall be issued until (i) the Governor has had an opportunity to review the report and make recommendations, in the public interest, for legislative and regulatory changes; (ii) the General Assembly, during the next upcoming regular session, has acted on the Governor’s recommendations or on its own initiatives; and (iii) any resulting legislation has become effective. The report by the Secretaries and the Governor’s recommendations shall be completed within 18 months of the notification of the Secretaries of the findings<\/span> of the Director<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\n TIDEWATER VIRGINIA; DRILLING FOR GAS OR OIL PROHIBITED IN CERTAIN AREAS (\u00a7\n45.2-1646)\n\nA. In Tidewater Virginia, as defined in § 62.1-44.15:68, no person shall\ndrill for gas or oil (i) within 500 feet of the shoreline of the waters of the\nChesapeake Bay or any of its tributaries, as measured landward of the shoreline,\nor (ii) if it is farther than 500 feet from such shoreline, in any Chesapeake\nBay Preservation Area, as defined in § 62.1-44.15:68, that a local\ngovernment designates as a Resource Protection Area and incorporates into its\nlocal comprehensive plan. Resource Protection Areas shall be defined according\nto the criteria developed by the State Water Control Board pursuant to §\n62.1-44.15:72.\n\nB. If any person desires to drill for gas or oil in any area of Tidewater\nVirginia where drilling is not prohibited by the provisions of subsection A, he\nshall submit an environmental impact assessment to the Department as part of his\napplication for a permit to drill. Such environmental impact assessment shall\ninclude:\n\n 1. The probabilities and consequences of accidental discharge of gas or oil\n into the environment during drilling, production, and transportation for:\n \t\t\t\ta. Finfish, shellfish, and other marine or freshwater organisms;\n \t\t\t\tb. Birds and other wildlife that use the air and water resources;\n \t\t\t\tc. Air and water quality; and\n \t\t\t\td. Land and water resources;\n\n 2. Recommendations for minimizing any adverse economic, fiscal, or\n environmental impacts; and\n\n 3. An examination of the secondary environmental effects of induced economic\n development due to the drilling and production.\n\nC. Upon receipt of an environmental impact assessment, the Department shall\nnotify the Department of Environmental Quality to coordinate a review of the\nenvironmental impact assessment. DEQ shall:\n\n 1. Publish in the Virginia Register of Regulations a notice that is sufficient\n to identify the environmental impact assessment and provides an opportunity\n for public review of and comment on the assessment. The period for public\n review and comment shall not be less than 30 days from the date of\n publication;\n\n 2. Submit the environmental impact assessment to all appropriate state\n agencies to review the assessment and submit their comments to DEQ; and\n\n 3. Based upon the review by all appropriate state agencies and the public\n comments received, submit findings and recommendations to the Department\n within 90 days after notification and receipt of the environmental impact\n assessment from the Department.\n\nD. The Department shall not grant a permit under § 45.2-1631 until it has\nconsidered the findings and recommendations of DEQ.\n\nE. DEQ shall, in conjunction with other state agencies and in conformance with\nthe Administrative Process Act (§ 2.2-4000 et seq.), develop criteria and\nprocedures to assure the orderly preparation and evaluation of environmental\nimpact assessments required by this section.\n\nF. A person may drill an exploratory well or a gas well in any area of Tidewater\nVirginia where drilling is not prohibited by the provisions of subsection A only\nif:\n\n 1. For directional drilling, the person has the permission of the owners of\n all lands to be directionally drilled into;\n\n 2. The person files an oil discharge contingency plan and proof of financial\n responsibility to implement the plan, both already filed with and approved by\n the State Water Control Board. For purposes of this section, such oil\n discharge contingency plan shall comply with the requirements set forth in\n § 62.1-44.34:15. The State Water Control Board’s regulations\n governing the amount of any financial responsibility required shall take into\n account the type of operation, the location of the well, the risk of discharge\n or accidental release, the potential damage or injury to state waters or\n sensitive natural resource features or the impairment of their beneficial use\n that may result from discharge or release, the potential cost of containment\n and cleanup, and the nature and degree of injury or interference with general\n health, welfare, and property that may result from discharge or accidental\n release;\n\n 3. All land-disturbing activities resulting from the construction and\n operation of the permanent facilities necessary to implement the contingency\n plan and the area within the berm will be located outside any area described\n in subsection A;\n\n 4. The drilling site is stabilized with boards, gravel, or other materials\n that will result in minimal amounts of runoff;\n\n 5. Persons certified in blowout prevention are present at all times during\n drilling;\n\n 6. Conductor pipe is set as necessary from the surface;\n\n 7. Casing is set and pressure-grouted from the surface to a point at least\n 2,500 feet below the surface or 300 feet below the deepest known groundwater,\n as defined in § 62.1-255, for a beneficial use, as defined in §\n 62.1-10, whichever is deeper;\n\n 8. Freshwater-based drilling mud is used during drilling;\n\n 9. There is no onsite disposal of drilling muds, produced contaminated fluids,\n waste contaminated fluids, or other contaminated fluids;\n\n 10. Multiple blow-out preventers are employed; and\n\n 11. The person complies with all requirements of Chapter 16 (§ 45.2-1600\n et seq.) and regulations adopted thereunder.\n\nG. The provisions of subsection A and subdivisions F 1 and 4 through 9 shall be\nenforced consistent with the requirements of Chapter 16 (§ 45.2-1600 et\nseq.).\n\nH. If exploration activities in Tidewater Virginia result in a finding by the\nDirector that production of commercially recoverable quantities of oil is likely\nand imminent, the Director shall notify the Secretary of Commerce and Trade and\nthe Secretary of Natural and Historic Resources. At that time, the Secretaries\nshall develop a joint report to the Governor and the General Assembly assessing\nthe environmental risks and safeguards, transportation issues, state-of-the-art\noil production well technology, economic impacts, regulatory initiatives,\noperational standards, and other matters related to the production of oil in the\nregion. No permit for an oil production well shall be issued until (i) the\nGovernor has had an opportunity to review the report and make recommendations,\nin the public interest, for legislative and regulatory changes; (ii) the General\nAssembly, during the next upcoming regular session, has acted on the\nGovernor’s recommendations or on its own initiatives; and (iii) any\nresulting legislation has become effective. The report by the Secretaries and\nthe Governor’s recommendations shall be completed within 18 months of the\nnotification of the Secretaries of the findings of the Director.\n\nHISTORY: 1989, c. 325; \u00a7 62.1-195.1; 1990, c. 967; 1992, cc. 480, 887; 1993, c.\n239; 1994, c. 957; 2012, cc. 785, 819; 2013, cc. 756, 793; 2021, Sp. Sess. I,\ncc. 387, 401.","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}}