{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/45.2-1227.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/45.2-1227.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/45.2-1227.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/45.2-1227.html"}],"law_id":364112,"edition_id":2,"section_id":364112,"structure_id":51954,"section_number":"45.2-1227","catch_line":" Local standards and regulations; waiver of application of chapter; review for strict compliance with chapter","history":"1968, c. 734, \u00a7 45.1-197; 1974, c. 312; 1977, c. 312; 2021, Sp. Sess. I, c. 387.","full_text":"A\n\nAny 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.\n\nB\n\nThis 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.\n\nC\n\nThe 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.\n\n","order_by":null,"text":{"0":{"id":1356207,"text":"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.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":1356208,"text":"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.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":1356209,"text":"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.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":51954,"edition_id":2,"name":"Regulation of Mining Activity","identifier":"2","label":"article","depth":5,"order_by":2,"parent_id":51952,"metadata":{"child_laws":24,"child_structures":0},"date_created":"2026-08-02 02:51:33","date_modified":"2026-08-02 12:33:56","permalink":{"id":1451427,"object_type":"structure","relational_id":51954,"identifier":"2","token":"45.2\/III\/A\/12\/2","url":"\/45.2\/III\/A\/12\/2\/","edition_id":2,"permalink":0,"preferred":1}},{"id":51952,"edition_id":2,"name":"Permits for Certain Mining Operations; Reclamation of Land","identifier":"12","label":"chapter","depth":4,"order_by":2,"parent_id":51941,"metadata":{"child_laws":44,"child_structures":4},"date_created":"2026-08-02 02:51:32","date_modified":"2026-08-02 12:33:56","permalink":{"id":1451407,"object_type":"structure","relational_id":51952,"identifier":"12","token":"45.2\/III\/A\/12","url":"\/45.2\/III\/A\/12\/","edition_id":2,"permalink":0,"preferred":1}},{"id":51941,"edition_id":2,"name":"Mineral Mines Generally","identifier":"A","label":"part","depth":3,"order_by":1,"parent_id":51940,"metadata":{"child_laws":117,"child_structures":18},"date_created":"2026-08-02 02:51:24","date_modified":"2026-08-02 12:33:54","permalink":{"id":1451113,"object_type":"structure","relational_id":51941,"identifier":"A","token":"45.2\/III\/A","url":"\/45.2\/III\/A\/","edition_id":2,"permalink":0,"preferred":1}},{"id":51940,"edition_id":2,"name":"Mineral Mines","identifier":"III","label":"subtitle","depth":2,"order_by":3,"parent_id":51927,"metadata":{"child_laws":129,"child_structures":23},"date_created":"2026-08-02 02:51:24","date_modified":"2026-08-02 12:33:54","permalink":{"id":1451111,"object_type":"structure","relational_id":51940,"identifier":"III","token":"45.2\/III","url":"\/45.2\/III\/","edition_id":2,"permalink":0,"preferred":1}},{"id":51927,"edition_id":2,"name":"Mines, Minerals, and Energy","identifier":"45.2","label":"title","depth":1,"order_by":99,"parent_id":null,"metadata":{"child_laws":627,"child_structures":120},"date_created":"2026-08-02 02:51:17","date_modified":"2026-08-02 12:33:32","permalink":{"id":1449541,"object_type":"structure","relational_id":51927,"identifier":"45.2","token":"45.2","url":"\/45.2\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":364089,"structure_id":51954,"section_number":"45.2-1204","catch_line":" Permit Fee Fund","url":"\/45.2-1204\/","token":"45.2\/III\/A\/12\/2\/45.2-1204","metadata":false},{"id":364090,"structure_id":51954,"section_number":"45.2-1205","catch_line":" Permit required; fee; renewal fee; application; furnishing copy of map, etc., to landowner; approval by Department","url":"\/45.2-1205\/","token":"45.2\/III\/A\/12\/2\/45.2-1205","metadata":false},{"id":364091,"structure_id":51954,"section_number":"45.2-1206","catch_line":" Operations plan; reclamation; policy of Director","url":"\/45.2-1206\/","token":"45.2\/III\/A\/12\/2\/45.2-1206","metadata":false},{"id":364092,"structure_id":51954,"section_number":"45.2-1207","catch_line":" Special Reclamation Fund","url":"\/45.2-1207\/","token":"45.2\/III\/A\/12\/2\/45.2-1207","metadata":false},{"id":364093,"structure_id":51954,"section_number":"45.2-1208","catch_line":" Bond of operator","url":"\/45.2-1208\/","token":"45.2\/III\/A\/12\/2\/45.2-1208","metadata":false},{"id":364094,"structure_id":51954,"section_number":"45.2-1209","catch_line":" Review of operations plan and reclamation provision by Director; issuance of permit","url":"\/45.2-1209\/","token":"45.2\/III\/A\/12\/2\/45.2-1209","metadata":false},{"id":364095,"structure_id":51954,"section_number":"45.2-1210","catch_line":" Application for permit; adjoining landowners; local official","url":"\/45.2-1210\/","token":"45.2\/III\/A\/12\/2\/45.2-1210","metadata":false},{"id":364096,"structure_id":51954,"section_number":"45.2-1211","catch_line":" Succession of one operator by another at uncompleted project","url":"\/45.2-1211\/","token":"45.2\/III\/A\/12\/2\/45.2-1211","metadata":false},{"id":364097,"structure_id":51954,"section_number":"45.2-1212","catch_line":" Additional bond to be posted annually; release of previous bond; report of reclamation work","url":"\/45.2-1212\/","token":"45.2\/III\/A\/12\/2\/45.2-1212","metadata":false},{"id":364098,"structure_id":51954,"section_number":"45.2-1213","catch_line":" Notice of noncompliance served on operator","url":"\/45.2-1213\/","token":"45.2\/III\/A\/12\/2\/45.2-1213","metadata":false},{"id":364099,"structure_id":51954,"section_number":"45.2-1214","catch_line":" Collection of debts","url":"\/45.2-1214\/","token":"45.2\/III\/A\/12\/2\/45.2-1214","metadata":false},{"id":364100,"structure_id":51954,"section_number":"45.2-1215","catch_line":" Commonwealth to have lien for reclamation work","url":"\/45.2-1215\/","token":"45.2\/III\/A\/12\/2\/45.2-1215","metadata":false},{"id":364101,"structure_id":51954,"section_number":"45.2-1216","catch_line":" Perfection of lien; waiver of lien","url":"\/45.2-1216\/","token":"45.2\/III\/A\/12\/2\/45.2-1216","metadata":false},{"id":364102,"structure_id":51954,"section_number":"45.2-1217","catch_line":" Recordation and indexing of lien; notice","url":"\/45.2-1217\/","token":"45.2\/III\/A\/12\/2\/45.2-1217","metadata":false},{"id":364103,"structure_id":51954,"section_number":"45.2-1218","catch_line":" Priority of lien","url":"\/45.2-1218\/","token":"45.2\/III\/A\/12\/2\/45.2-1218","metadata":false},{"id":364104,"structure_id":51954,"section_number":"45.2-1219","catch_line":" Hearing to determine amount of lien","url":"\/45.2-1219\/","token":"45.2\/III\/A\/12\/2\/45.2-1219","metadata":false},{"id":364105,"structure_id":51954,"section_number":"45.2-1220","catch_line":" Satisfaction of lien","url":"\/45.2-1220\/","token":"45.2\/III\/A\/12\/2\/45.2-1220","metadata":false},{"id":364106,"structure_id":51954,"section_number":"45.2-1221","catch_line":" Additional bond to cover amended estimate of land to be disturbed","url":"\/45.2-1221\/","token":"45.2\/III\/A\/12\/2\/45.2-1221","metadata":false},{"id":364107,"structure_id":51954,"section_number":"45.2-1222","catch_line":" Interference with reclamation unlawful; other mining operations on land","url":"\/45.2-1222\/","token":"45.2\/III\/A\/12\/2\/45.2-1222","metadata":false},{"id":364108,"structure_id":51954,"section_number":"45.2-1223","catch_line":" Penalty for violation of chapter, etc","url":"\/45.2-1223\/","token":"45.2\/III\/A\/12\/2\/45.2-1223","metadata":false},{"id":364109,"structure_id":51954,"section_number":"45.2-1224","catch_line":" Assistance of federal, state, and local agencies","url":"\/45.2-1224\/","token":"45.2\/III\/A\/12\/2\/45.2-1224","metadata":false},{"id":364110,"structure_id":51954,"section_number":"45.2-1225","catch_line":" Injunction prohibiting mining operation","url":"\/45.2-1225\/","token":"45.2\/III\/A\/12\/2\/45.2-1225","metadata":false},{"id":364111,"structure_id":51954,"section_number":"45.2-1226","catch_line":" Appeals from decisions of the Department","url":"\/45.2-1226\/","token":"45.2\/III\/A\/12\/2\/45.2-1226","metadata":false},{"id":364112,"structure_id":51954,"section_number":"45.2-1227","catch_line":" Local standards and regulations; waiver of application of chapter; review for strict compliance with chapter","url":"\/45.2-1227\/","token":"45.2\/III\/A\/12\/2\/45.2-1227","metadata":false}],"previous_section":{"id":364111,"structure_id":51954,"section_number":"45.2-1226","catch_line":" Appeals from decisions of the Department","url":"\/45.2-1226\/","token":"45.2\/III\/A\/12\/2\/45.2-1226","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/45.2-1227\/","history_text":"<p>This law was first created in 1968. The record of its establishment is cataloged in chapter 734 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 1968 \u201cActs\u201d aren\u2019t available online. It has been modified 2 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 1974, chapter 312; in 1977, chapter 312.<\/p>","references":false,"refers_to":false,"permalink":{"id":1451521,"object_type":"law","relational_id":364112,"identifier":"45.2-1227","token":"45.2\/III\/A\/12\/2\/45.2-1227","url":"\/45.2-1227\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/45.2-1227\/","token":"45.2\/III\/A\/12\/2\/45.2-1227","dublin_core":{"Title":" Local standards and regulations; waiver of application of chapter; review for strict compliance with chapter","Type":"Text","Format":"text\/html","Identifier":"\u00a7 45.2-1227","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> 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 <span class=\"dictionary\">Director<\/span>. <a id=\"paragraph-1356207\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/45.2-1227\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> This chapter shall not be construed to repeal any local <span class=\"dictionary\">ordinance<\/span> or regulation or charter provision in any locality where such provision is no less stringent than the standard adopted by the <span class=\"dictionary\">Director<\/span>. The <span class=\"dictionary\">Director<\/span> may <span class=\"dictionary\">waive<\/span> the application of this chapter if, in his <span class=\"dictionary\">opinion<\/span>, a locality in which <span class=\"dictionary\">mining operations<\/span> are being conducted has enacted and is enforcing zoning <span class=\"dictionary\">ordinances<\/span> dealing with the subject matter and prescribing standards and regulations not less stringent than those set forth in this chapter. If the <span class=\"dictionary\">Director<\/span> <span class=\"dictionary\">waives<\/span> any provision of this chapter, the <span class=\"dictionary\">operator<\/span> shall comply strictly with all the provisions of the <span class=\"dictionary\">ordinances<\/span> of the locality in which the operation is located. <a id=\"paragraph-1356208\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/45.2-1227\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> The <span class=\"dictionary\">Director<\/span> may also <span class=\"dictionary\">waive<\/span> 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 <span class=\"dictionary\">contract<\/span> to the control and supervision of a state agency, so long as regulations satisfactory to the <span class=\"dictionary\">Director<\/span> have been adopted and are incorporated into any <span class=\"dictionary\">contract<\/span> for such removal. The locality or state agency shall ensure strict compliance with all provisions of the <span class=\"dictionary\">ordinances<\/span>, regulations, or <span class=\"dictionary\">contracts<\/span> and the <span class=\"dictionary\">Director<\/span> shall from time to time review such <span class=\"dictionary\">ordinances<\/span>, regulations, or <span class=\"dictionary\">contracts<\/span> and their enforcement programs to ensure compliance with this chapter. If the <span class=\"dictionary\">Director<\/span> determines that such strict compliance is not present, then he may rescind the <span class=\"dictionary\">waiver<\/span> of the application of this chapter. <a id=\"paragraph-1356209\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/45.2-1227\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\n LOCAL STANDARDS AND REGULATIONS; WAIVER OF APPLICATION OF CHAPTER; REVIEW FOR\nSTRICT COMPLIANCE WITH CHAPTER (\u00a7 45.2-1227)\n\nA. Any locality may establish standards and adopt regulations dealing with the\nsame subjects dealt with in this chapter so long as such standards and\nregulations are no less stringent than those adopted by the Director.\n\nB. This chapter shall not be construed to repeal any local ordinance or\nregulation or charter provision in any locality where such provision is no less\nstringent than the standard adopted by the Director. The Director may waive the\napplication of this chapter if, in his opinion, a locality in which mining\noperations are being conducted has enacted and is enforcing zoning ordinances\ndealing with the subject matter and prescribing standards and regulations not\nless stringent than those set forth in this chapter. If the Director waives any\nprovision of this chapter, the operator shall comply strictly with all the\nprovisions of the ordinances of the locality in which the operation is located.\n\nC. The Director may also waive the application of this chapter as to any mining\nor borrow pit operation that is conducted solely and exclusively for a state\nproject and that is subject by contract to the control and supervision of a\nstate agency, so long as regulations satisfactory to the Director have been\nadopted and are incorporated into any contract for such removal. The locality or\nstate agency shall ensure strict compliance with all provisions of the\nordinances, regulations, or contracts and the Director shall from time to time\nreview such ordinances, regulations, or contracts and their enforcement programs\nto ensure compliance with this chapter. If the Director determines that such\nstrict compliance is not present, then he may rescind the waiver of the\napplication of this chapter.\n\nHISTORY: 1968, c. 734, \u00a7 45.1-197; 1974, c. 312; 1977, c. 312; 2021, Sp. Sess.\nI, c. 387.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}