Va. Code Ann. tit. 45.2, ch. 13

in effect

Va. Code Ann. § 45.2-1300 Definitions

As used in this article, unless the context requires a different meaning: "Impound water" means to impound water for use in carrying out any part of the process necessary in the production or preparation of minerals. "Refuse" means waste material resulting from a mineral mining operation. "Silt" means fine particles resulting from a mineral mining operation, suspended in or deposited by water. "Water" means water used in a mining operation. 1997, c. 390 , § 45.1-225.3; 2021, Sp. Sess. I, c. 387 .

Va. Code Ann. § 45.2-1301 Dams and mine refuse piles; construction

A. Any water-retaining or silt-retaining dam or mine refuse pile or modification of an existing water-retaining or silt-retaining dam or mine refuse pile shall be designed and constructed by or under the direction of a qualified engineer if such dam or pile is designed to impound water or silt to a height of (i) five feet or more above the lowest natural ground level within the impounded area and has a storage volume of 50 acre-feet or more or (ii) 20 feet or more, regardless of storage volume. B. Designs, construction specifications, and other related data, including final abandonment plans, for a water-retaining or silt-retaining dam or mine refuse pile shall be approved and certified by the qualified engineer as specified in subsection A and by the licensed operator or his agent. C. The designs, construction specifications, and other related data approved and certified in accordance with subsection B shall be submitted for approval to the Director. If the Director approves the submittal, he shall notify the licensed operator in writing. If the Director disapproves the submittal, he shall notify the licensed operator with his written objections and required amendments. The Director shall approve or disapprove the submittal within 30 days following receipt thereof. 1997, c. 390 , § 45.1-225.1; 1998, c. 695 ; 2021, Sp. Sess. I, c. 387 .

Va. Code Ann. § 45.2-1302 Examination of dams and mine refuse piles; potentially hazardous conditions; plans to be submitted by licensed operators

A. Every water-retaining or silt-retaining dam or mine refuse pile shall be examined daily for visible structural weakness, volume overload, and other hazards by a qualified person designated by the licensed operator. When rising water and silt reaches 80 percent by volume of the safe design capacity of the dam or pile, such examination shall be made more often as required by the Director or his designated agent. Frequent examinations shall be made during periods of rainfall that could create flooding conditions. B. When a potentially hazardous condition exists, the operator shall initiate procedures to: 1. Remove all persons from the area that can reasonably be expected to be affected by such potentially hazardous condition; 2. Eliminate such potentially hazardous condition; and 3. Notify the Director. C. Records of the inspections required by subsection A shall be kept and certified by the licensed operator or his agent. Such records shall be kept on the surface at the office or designated station of the mine. D. The licensed operator of each mineral mine on which a water-retaining or silt-retaining dam is located shall adopt a plan for carrying out the requirements of subsections A and B. The plan shall be submitted for approval to the Director and shall include: 1. A schedule and procedures for the inspection of the retaining dam by a qualified person; 2. Procedures for evaluating any potentially hazardous condition; 3. Procedures for removing all persons from the area that may reasonably be expected to be affected by such potentially hazardous condition; 4. Procedures for eliminating such potentially hazardous condition; 5. Procedures for notifying the Director; and 6. Any additional information that may be required by the Director. E. Before making any change or modification in the plan approved in accordance with subsection D, the licensed operator shall obtain approval of such change or modification from the Director. 1997, c. 390 , § 45.1-225.2; 1998, c. 695 ; 2021, Sp. Sess. I, c. 387 .

Va. Code Ann. § 45.2-1303 Consent required before working mine near land of another

No owner or tenant of any land within the Commonwealth containing minerals shall open or sink, dig, excavate, or work in any mine on such land within five feet of the line dividing such land from that of another person without the written consent of every person interested in or having title to such adjoining lands or mineral rights in possession, reversion, or remainder, or of the guardian of any such person that may be under a disability. Any person violating this section shall forfeit $500 to each person injured by such violation and to each person whose consent was required but not obtained. 1997, c. 390 , § 45.1-161.311:1; 2021, Sp. Sess. I, c. 387 .

Va. Code Ann. § 45.2-1304 Adjacent owner to be permitted to survey mine; proceedings to compel entry for survey

A. If a person who is interested in or has title to any land or mineral rights coterminal with the land or mineral rights on or in which a mine is located has reason to believe his property is being trespassed upon, then the owner, tenant, or occupant of the land or minerals on or in which such mine is opened and worked, or his agent, shall permit such interested person to have ingress and egress with surveyors and assistants to explore and survey such mine for the purpose of ascertaining whether a violation of § 45.2-1203 has occurred. Such exploration and survey shall occur at the expense of the interested person, and such person shall not be entitled to enter the mine property more often than once each month. B. If such interested person is refused entry to such mine, he may file a complaint before the judge of the general district court of the county or city in which such mine is located. Such judge may issue a summons to such mine owner, tenant, occupant, or agent to answer the complaint. Upon the return of the executed summons and the submission of proof that the complainant has right of entry and that such right of entry has been refused without sufficient cause, the judge shall designate a prompt and convenient time for such entry to be made and issue a warrant commanding the sheriff of the county or city to attend and prevent obstructions or impediments to such entry, exploration, and survey. C. Any owner, tenant, occupant, or agent who refuses permission, exploration, or survey pursuant to subsection A shall forfeit $20 for each refusal to the person so refused. The costs of such summons and a fee of $3 to the sheriff executing the warrant shall be paid by the person whose refusal caused the complaint. If the court dismisses the complaint, the costs of such summons and execution shall be paid by the party making the complaint. 1997, c. 390 , § 45.1-161.311:2; 2021, Sp. Sess. I, c. 387 .

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://law.lis.virginia.gov/vacode/title45.2/chapter13/Fetched: 10/16/2026