                                 CODE OF VIRGINIA

 LOCAL STANDARDS AND REGULATIONS; WAIVER OF APPLICATION OF CHAPTER; REVIEW FOR
STRICT COMPLIANCE WITH CHAPTER (§ 45.2-1227)

A. Any locality may establish standards and adopt regulations dealing with the
same subjects dealt with in this chapter so long as such standards and
regulations are no less stringent than those adopted by the Director.

B. This chapter shall not be construed to repeal any local ordinance or
regulation or charter provision in any locality where such provision is no less
stringent than the standard adopted by the Director. The Director may waive the
application of this chapter if, in his opinion, a locality in which mining
operations are being conducted has enacted and is enforcing zoning ordinances
dealing with the subject matter and prescribing standards and regulations not
less stringent than those set forth in this chapter. If the Director waives any
provision of this chapter, the operator shall comply strictly with all the
provisions of the ordinances of the locality in which the operation is located.

C. The Director may also waive the application of this chapter as to any mining
or borrow pit operation that is conducted solely and exclusively for a state
project and that is subject by contract to the control and supervision of a
state agency, so long as regulations satisfactory to the Director have been
adopted and are incorporated into any contract for such removal. The locality or
state agency shall ensure strict compliance with all provisions of the
ordinances, regulations, or contracts and the Director shall from time to time
review such ordinances, regulations, or contracts and their enforcement programs
to ensure compliance with this chapter. If the Director determines that such
strict compliance is not present, then he may rescind the waiver of the
application of this chapter.

HISTORY: 1968, c. 734, § 45.1-197; 1974, c. 312; 1977, c. 312; 2021, Sp. Sess.
I, c. 387.