{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/45.2-939.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/45.2-939.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/45.2-939.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/45.2-939.html"}],"law_id":64161,"edition_id":1,"section_id":64161,"structure_id":16149,"section_number":"45.2-939","catch_line":" Surface coal mining; distance from wells; requirements","history":"1990, c. 92, \u00a7 45.1-92.1; 1994, c. 28, \u00a7 45.1-161.292; 2021, Sp. Sess. I, c. 387.","full_text":"A\n\nAny mine operator who plans to remove coal or extend any workings in any mine to a distance of less than 500 feet from any gas or oil well that is already drilled or is in the process of being drilled shall file with the Chief a notice that such mining is taking place or will take place, together with copies of parts of the maps and plans required under § 45.2-542 that show the mine workings and projected mine workings beneath the tract in question and within 500 feet of the well. Such mine operator shall simultaneously mail copies of such notice, maps, and plans by certified mail, return receipt requested, to the well operator and the Gas and Oil Inspector appointed pursuant to the provisions of § 45.2-1604. The mine operator shall certify in each notice that he has complied with the provisions of this subsection.B\n\nSubsequent to the filing of the notice required by subsection A, the mine operator may proceed with surface coal mining operations in accordance with the maps and plans. However, without the prior approval of the Chief, such mine operator shall not remove any coal or extend any workings in any mine to a distance of less than 200 feet from any gas or oil well that is already drilled or is in the process of being drilled.C\n\nThe Chief shall adopt regulations that prescribe the procedure to be followed by a mine operator in petitioning the Chief for approval to conduct surface coal mining operations to a distance of less than 200 feet from a well. A petition may include a request to mine through a plugged well or a plugged vertical ventilation hole. Such petition may also include a request to mine through a well or a vertical ventilation hole and to lower the head of such well or vertical ventilation hole. Each mine operator who files a petition to remove coal or extend any workings to a distance of less than 200 feet from any gas or oil well shall mail copies of the petition, maps, and plans by certified mail, return receipt requested, to the well operator and the Gas and Oil Inspector no later than the day of filing. The well operator and the Gas and Oil Inspector shall have standing to object to any petition filed under this section. Such objection shall be filed within 10 days following the date such petition is filed.","order_by":null,"text":{"0":{"id":233580,"text":"Any mine operator who plans to remove coal or extend any workings in any mine to a distance of less than 500 feet from any gas or oil well that is already drilled or is in the process of being drilled shall file with the Chief a notice that such mining is taking place or will take place, together with copies of parts of the maps and plans required under § 45.2-542 that show the mine workings and projected mine workings beneath the tract in question and within 500 feet of the well. Such mine operator shall simultaneously mail copies of such notice, maps, and plans by certified mail, return receipt requested, to the well operator and the Gas and Oil Inspector appointed pursuant to the provisions of § 45.2-1604. The mine operator shall certify in each notice that he has complied with the provisions of this subsection.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":233581,"text":"Subsequent to the filing of the notice required by subsection A, the mine operator may proceed with surface coal mining operations in accordance with the maps and plans. However, without the prior approval of the Chief, such mine operator shall not remove any coal or extend any workings in any mine to a distance of less than 200 feet from any gas or oil well that is already drilled or is in the process of being drilled.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":233582,"text":"The Chief shall adopt regulations that prescribe the procedure to be followed by a mine operator in petitioning the Chief for approval to conduct surface coal mining operations to a distance of less than 200 feet from a well. A petition may include a request to mine through a plugged well or a plugged vertical ventilation hole. Such petition may also include a request to mine through a well or a vertical ventilation hole and to lower the head of such well or vertical ventilation hole. Each mine operator who files a petition to remove coal or extend any workings to a distance of less than 200 feet from any gas or oil well shall mail copies of the petition, maps, and plans by certified mail, return receipt requested, to the well operator and the Gas and Oil Inspector no later than the day of filing. The well operator and the Gas and Oil Inspector shall have standing to object to any petition filed under this section. Such objection shall be filed within 10 days following the date such petition is filed.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":16149,"edition_id":1,"name":"Proximity of Mining to Gas or Oil Wells or Vertical Ventilation Holes","identifier":"13","label":"article","depth":5,"order_by":1,"parent_id":13645,"metadata":{},"date_created":"2026-06-26 04:07:31","date_modified":"2026-06-26 04:07:31","permalink":{"id":223975,"object_type":"structure","relational_id":16149,"identifier":"13","token":"45.2\/II\/C\/9\/13","url":"\/45.2\/II\/C\/9\/13\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13645,"edition_id":1,"name":"Requirements Applicable to Surface Coal Mines","identifier":"9","label":"chapter","depth":4,"order_by":1,"parent_id":13539,"metadata":{},"date_created":"2026-06-26 03:45:27","date_modified":"2026-06-26 03:45:27","permalink":{"id":223921,"object_type":"structure","relational_id":13645,"identifier":"9","token":"45.2\/II\/C\/9","url":"\/45.2\/II\/C\/9\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13539,"edition_id":1,"name":"Surface Coal Mines","identifier":"C","label":"part","depth":3,"order_by":1,"parent_id":12985,"metadata":{},"date_created":"2026-06-26 03:45:10","date_modified":"2026-06-26 03:45:10","permalink":{"id":223695,"object_type":"structure","relational_id":13539,"identifier":"C","token":"45.2\/II\/C","url":"\/45.2\/II\/C\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12985,"edition_id":1,"name":"Coal Mining","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12713,"metadata":{},"date_created":"2026-06-26 03:44:06","date_modified":"2026-06-26 03:44:06","permalink":{"id":222647,"object_type":"structure","relational_id":12985,"identifier":"II","token":"45.2\/II","url":"\/45.2\/II\/","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":64161,"structure_id":16149,"section_number":"45.2-939","catch_line":" Surface coal mining; distance from wells; requirements","url":"\/45.2-939\/","token":"45.2\/II\/C\/9\/13\/45.2-939","metadata":false}],"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/45.2-939\/","history_text":"

This law was first created in 1990. The record of its establishment is cataloged in chapter 92 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 1990 \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 1994, chapter 28<\/a>.<\/p>","references":false,"refers_to":[{"id":84693,"section_number":"45.2-1604","catch_line":" Duties and responsibilities of the Director; Virginia Gas and Oil Inspector","order_by":null,"url":"\/45.2-1604\/"},{"id":60294,"section_number":"45.2-542","catch_line":"(For contingent effective date, see Acts 2025, cc. 91 and 109, cl. 2) Maps of mines required to be made; contents; extension and preservation; use by Department; release; posting of map","order_by":null,"url":"\/45.2-542\/"}],"permalink":{"id":223977,"object_type":"law","relational_id":64161,"identifier":"45.2-939","token":"45.2\/II\/C\/9\/13\/45.2-939","url":"\/45.2-939\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/45.2-939\/","token":"45.2\/II\/C\/9\/13\/45.2-939","dublin_core":{"Title":" Surface coal mining; distance from wells; requirements","Type":"Text","Format":"text\/html","Identifier":"\u00a7 45.2-939","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any mine operator who plans to remove coal or extend any workings in any mine to a distance of less than 500 feet from any gas or oil well that is already drilled or is in the process of being drilled shall file with the Chief<\/span> a notice that such mining is taking place or will take place, together with copies of parts of the maps and plans required under § 45.2-542<\/a> that show the mine workings and projected mine workings beneath the tract in question and within 500 feet of the well. Such mine operator shall simultaneously mail copies of such notice, maps, and plans by certified mail, return receipt requested, to the well operator and the Gas and Oil Inspector appointed pursuant to the provisions of § 45.2-1604<\/a>. The mine operator shall certify in each notice that he has complied with the provisions of this subsection. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Subsequent to the filing of the notice required by subsection A, the mine operator may proceed with surface coal mining operations in accordance with the maps and plans. However, without the prior approval of the Chief<\/span>, such mine operator shall not remove any coal or extend any workings in any mine to a distance of less than 200 feet from any gas or oil well that is already drilled or is in the process of being drilled. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The Chief<\/span> shall adopt regulations that prescribe the procedure to be followed by a mine operator in petitioning the Chief<\/span> for approval to conduct surface coal mining operations to a distance of less than 200 feet from a well. A petition<\/span> may include a request to mine through a plugged well or a plugged vertical ventilation hole. Such petition<\/span> may also include a request to mine through a well or a vertical ventilation hole and to lower the head of such well or vertical ventilation hole. Each mine operator who files a petition<\/span> to remove coal or extend any workings to a distance of less than 200 feet from any gas or oil well shall mail copies of the petition<\/span>, maps, and plans by certified mail, return receipt requested, to the well operator and the Gas and Oil Inspector no later than the day of filing. The well operator and the Gas and Oil Inspector shall have standing to object<\/span> to any petition<\/span> filed under this section. Such objection shall be filed within 10 days following the date such petition<\/span> is filed. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\n SURFACE COAL MINING; DISTANCE FROM WELLS; REQUIREMENTS (\u00a7 45.2-939)\n\nA. Any mine operator who plans to remove coal or extend any workings in any mine\nto a distance of less than 500 feet from any gas or oil well that is already\ndrilled or is in the process of being drilled shall file with the Chief a notice\nthat such mining is taking place or will take place, together with copies of\nparts of the maps and plans required under § 45.2-542 that show the mine\nworkings and projected mine workings beneath the tract in question and within\n500 feet of the well. Such mine operator shall simultaneously mail copies of\nsuch notice, maps, and plans by certified mail, return receipt requested, to the\nwell operator and the Gas and Oil Inspector appointed pursuant to the provisions\nof § 45.2-1604. The mine operator shall certify in each notice that he has\ncomplied with the provisions of this subsection.\n\nB. Subsequent to the filing of the notice required by subsection A, the mine\noperator may proceed with surface coal mining operations in accordance with the\nmaps and plans. However, without the prior approval of the Chief, such mine\noperator shall not remove any coal or extend any workings in any mine to a\ndistance of less than 200 feet from any gas or oil well that is already drilled\nor is in the process of being drilled.\n\nC. The Chief shall adopt regulations that prescribe the procedure to be followed\nby a mine operator in petitioning the Chief for approval to conduct surface coal\nmining operations to a distance of less than 200 feet from a well. A petition\nmay include a request to mine through a plugged well or a plugged vertical\nventilation hole. Such petition may also include a request to mine through a\nwell or a vertical ventilation hole and to lower the head of such well or\nvertical ventilation hole. Each mine operator who files a petition to remove\ncoal or extend any workings to a distance of less than 200 feet from any gas or\noil well shall mail copies of the petition, maps, and plans by certified mail,\nreturn receipt requested, to the well operator and the Gas and Oil Inspector no\nlater than the day of filing. The well operator and the Gas and Oil Inspector\nshall have standing to object to any petition filed under this section. Such\nobjection shall be filed within 10 days following the date such petition is\nfiled.\n\nHISTORY: 1990, c. 92, \u00a7 45.1-92.1; 1994, c. 28, \u00a7 45.1-161.292; 2021, Sp.\nSess. 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}}