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2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 940 | Soil and Water Conservation Commission › Section 940.04 | Soil and Water Conservation District Supervisors.

Effective:
January 1, 2016
Latest Legislation:
House Bill 64 - 131st General Assembly
Each soil and water conservation district shall be administered by a board consisting of the five supervisors. Elections of supervisors shall be conducted by the Ohio soil and water conservation commission pursuant to rules it adopts under Chapter 119. of the Revised Code. The term of each supervisor shall be for three years. Due notice of election of supervisors shall be given by the commission. Successors to fill unexpired terms may be appointed by the commission on the unanimous recommendation of the remaining supervisors. In any case in which a unanimous recommendation cannot be agreed upon, a successor to fill an unexpired term shall be elected in the same manner in which the supervisor's predecessor was elected.
Eligible voters and candidates for supervisor shall be at least eighteen years of age by the day of election. Candidates shall reside in the district in which the y are running for office.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 940 | Soil and Water Conservation Commission › Section 940.05 | Governing Body of District.

Effective:
July 21, 2022
Latest Legislation:
House Bill 397 - 134th General Assembly
(A) The board of supervisors of a soil and water conservation district shall consist of five supervisors, as provided for in section 940.04 of the Revised Code.
(B) The board shall organize annually by selecting a chairperson, a secretary, and a treasurer. It shall designate one of its members as fiscal agent. A majority of the board shall constitute a quorum. The concurrence of a majority of the board in any matter shall be required for its determination. A supervisor shall receive no compensation for the supervisor's services, except when both of the following occur:
(1) A district board of supervisors designates one or more of its supervisors to represent the district on a joint district board or if an agency or instrumentality of the United States, of this state, or of a political subdivision of this state requires or requests district board representation;
(2) Such compensation is provided for by public moneys other than moneys in the special fund of the local district created pursuant to section 940.12 of the Revised Code.
(C) A supervisor is entitled to be reimbursed for the necessary expenses incurred in the discharge of official duties.
(D) The board of supervisors shall furnish to the Ohio soil and water conservation commission, upon its request, copies of rules, orders, contracts, forms, and other documents it adopts or employs and other information concerning its activities as it requires in the performance of its duties under this chapter.
(E) At least once each year, a district shall submit to the commission a report of progress and operations, including a summary of receipts and disbursements during the period covered by the report. A district shall submit additional financial reports as requested by the commission.
(F) For all employees and officers who are entrusted with funds, the board shall either:
(1) Provide for the execution of surety bonds;
(2) By resolution, adopt a policy to allow for use of an employee dishonesty and faithful performance of duty insurance policy to cover financial or property loss caused by the fraudulent or dishonest actions of, and the failure to perform a duty prescribed by law for, an officer, employee, or appointee that is otherwise required by law to give an individual surety bond before entering upon the discharge of official duties.
(G) The board shall provide for the keeping of a full and accurate record of all proceedings and of all resolutions and orders issued or adopted.
(H) Any supervisor may be removed by the commission upon notice and hearing for neglect of duty or malfeasance in office.
Last updated April 26, 2022 at 4:22 PM
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 940 | Soil and Water Conservation Commission › Section 940.08 | Supervisors to Employ Assistants and Personnel and Acquire Materials, Equipment, Supplies and Offices.

Effective:
March 24, 2021
Latest Legislation:
House Bill 340 - 133rd General Assembly
The board of supervisors of a soil and water conservation district may employ assistants and such other employees as it considers necessary and may provide for the payment of the reasonable compensation of such assistants and employees and expenses incurred by them in the discharge of their duties from the special fund established for the district pursuant to section 940.12 of the Revised Code.
District employees are entitled to the sick leave benefits that are provided in section 124.38 of the Revised Code and the vacation leave benefits that are provided in section 325.19 of the Revised Code and are entitled to participate in the sick leave donation program established under section 940.09 of the Revised Code.
The board may designate the amounts and forms of other benefits, including insurance protection, to be provided to employees and may make payments of benefits from the district fund that is created with moneys accepted by the supervisors in accordance with division (E) of section 940.06 of the Revised Code or from the special fund created pursuant to section 940.12 of the Revised Code. The board of county commissioners may make payments of benefits that are provided under this section.
The board of supervisors may purchase such materials, equipment, and supplies, may lease such equipment, and may rent, purchase, or construct, and maintain, such offices, and provide for such equipment and supplies therefor, as it considers necessary and may pay for the same from the special fund established for the district pursuant to section 940.12 of the Revised Code.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 940 | Soil and Water Conservation Commission › Section 940.10 | Sale of Unneeded Personal Property of District.

Effective:
March 24, 2021
Latest Legislation:
House Bill 340 - 133rd General Assembly
(A) When the board of supervisors of a soil and water conservation district find, by resolution, that the district has personal property, including motor vehicles acquired for the use of district officers, road machinery, equipment, tools, or supplies, that is not needed for public use, or is obsolete or unfit for the use for which it was acquired, the board may sell such property at public auction or by sealed bid to the highest bidder. The board may sell the property after giving at least ten days' notice of the time, place, and manner of sale by posting a typewritten or printed notice in the office of the board of county commissioners. If the fair market value of the property to be sold pursuant to this division is, in the opinion of the board of supervisors, in excess of two thousand dollars, notice of the time, place, and manner of the sale shall also be published in a newspaper of general circulation in the district at least ten days prior to such sale. The board may authorize the sale of such personal property without advertisement or public notification and competitive bidding to the federal government, the state, or any political subdivision of the state.
If the board conducts a sale of personal property by sealed bid, the form of the bid shall be as prescribed by the board, and each bid shall contain the name of the person submitting it. Bids received shall be opened and tabulated at the time stated in the notice. The property shall be sold to the highest bidder, except that the board may reject all bids and hold another sale, by public auction or sealed bid, in the manner prescribed by this section.
(B) Where the board finds, by resolution, that the district has vehicles, equipment, or machinery that is not needed, or is unfit for public use, and the board desires to sell such vehicles, equipment, or machinery to the person or firm from which it proposes to purchase other vehicles, equipment, or machinery, the board may offer to do both of the following:
(1) Sell the vehicles, equipment, or machinery to such person or firm; and
(2) Have such selling price credited to the person or firm against the purchase price of other vehicles, equipment, or machinery.
(C) Where the board advertises for bids for the sale of new vehicles, equipment, or machinery to the district, it may include in the same advertisement a notice of its willingness to do both of the following:
(1) Accept bids for the purchase of district-owned vehicles, equipment, or machinery that is obsolete or not needed for public use; and
(2) Have the amount of such bids subtracted from the selling price of the other vehicles, equipment, or machinery as a means of determining the lowest responsible bidder.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 940 | Soil and Water Conservation Commission › Section 940.12 | Levy of Tax Within Ten-Mill Limitation.

Effective:
March 24, 2021
Latest Legislation:
House Bill 340 - 133rd General Assembly
The board of county commissioners of each county in which there is a soil and water conservation district may levy a tax within the ten-mill limitation and may appropriate money from the proceeds of the levy or from the general fund of the county. The money shall be held in a special fund for the credit of the district, to be expended for the purposes prescribed in section 940.08 of the Revised Code or under the policy adopted under section 940.11 of the Revised Code, for construction and maintenance of improvements by the district, and for other expenses incurred in carrying out the program of the district upon the written order of the fiscal agent for the district after authorization by a majority of the board of supervisors of the district.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 940 | Soil and Water Conservation Commission › Section 940.13 | Prosecuting Attorney Is Legal Adviser.

Effective:
March 24, 2021
Latest Legislation:
House Bill 340 - 133rd General Assembly
(A) The prosecuting attorney of a county in which there is a soil and water conservation district is the legal adviser of the district. The prosecuting attorney is the legal counsel of such district in all civil actions brought by or against it and shall conduct all such actions in the prosecuting attorney's official capacity. The board of supervisors of a district may also employ such attorneys as may be necessary or desirable in the operations of the district.
(B) The prosecuting attorney of a lead county that is represented on a joint board of supervisors created under section 940.34 of the Revised Code is the legal advisor of the joint board in all civil actions brought by or against the joint board. The prosecuting attorney shall conduct all such actions in the prosecuting attorney's official capacity. The joint board may employ other attorneys as may be necessary or desirable in the operations of the joint board.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 940 | Soil and Water Conservation Commission › Section 940.14 | Infringement of Rights.

Effective:
January 1, 2016
Latest Legislation:
House Bill 64 - 131st General Assembly
This chapter does not infringe upon the rights, powers, and authority vested by law in the division of wildlife in the department of natural resources.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 940 | Soil and Water Conservation Commission › Section 940.15 | Payments to Local Soil and Water Conservation Districts.

Effective:
September 29, 2017
Latest Legislation:
House Bill 49 - 132nd General Assembly
(A) Within the limits of funds appropriated to the department of agriculture and the soil and water conservation district assistance fund created in this section, there shall be paid in each calendar year to each soil and water conservation district a matching amount not to exceed one dollar for each one dollar received by a district as follows:
(1) In accordance with section 940.12 of the Revised Code;
(2) From tax levies in excess of the ten-mill levy limitation approved for the benefit of soil and water conservation districts; or
(3) From an appropriation by a municipal corporation or a township to a maximum of eight thousand dollars, provided that the Ohio soil and water conservation commission may approve payment to a district in an amount in excess of eight thousand dollars in any calendar year upon receipt of a request and justification from the district.
The county auditor shall credit such payments to the special fund established pursuant to section 940.12 of the Revised Code for the soil and water conservation district. The department may make advances at least quarterly to each district on the basis of the estimated contribution of the state to each district. Moneys received by each district shall be expended for the purposes of the district.
(B) For the purpose of providing money to soil and water conservation districts under this section, there is hereby created in the state treasury the soil and water conservation district assistance fund consisting of money credited to it under sections 3714.073 and 3734.901 and division (A)(4) of section 3734.57 of the Revised Code.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 940 | Soil and Water Conservation Commission › Section 940.16 | Advance of Moneys From Soil and Water Conservation Fund; Repayment.

Effective:
January 1, 2016
Latest Legislation:
House Bill 64 - 131st General Assembly
A board of county commissioners may apply to the Ohio soil and water conservation commission for an advance of moneys from the soil and water conservation fund, which is hereby created in the state treasury, to enable a soil and water conservation district to pay all or part of the cost of surveys and plans, appraisals, estimates of cost, land options, and other incidental expenses of constructing works of improvement for the district. The commission shall consider the application and shall recommend an amount of moneys reasonably needed for that purpose.
The order of the commission recommending the amount of the moneys needed shall be certified to the controlling board. The controlling board shall then determine the amount to be advanced to the county and shall certify its action to the director of budget and management for payment.
All such amounts received by any such district shall be repaid by the board of county commissioners to the state immediately upon the receipt by the board of funds from the sale of bonds or from other sources that may be used for that purpose, or in such number of equal annual installments, not exceeding five, and commencing at such time, as shall be specified in the order of the commission.
If an unfavorable referendum or court decision has denied the work of improvement, the controlling board, upon receipt of sufficient and satisfactory evidence that the board and district have proceeded in good faith and the recommendation of the commission, shall relieve the board or district of its repayment obligation.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 940 | Soil and Water Conservation Commission › Section 940.17 | Sharing Costs of Improvement by Conservation District.

Effective:
January 1, 2016
Latest Legislation:
House Bill 64 - 131st General Assembly
The director of agriculture, upon recommendation by the Ohio soil and water conservation commission, may enter into agreements with boards of county commissioners under which the state shares the cost of construction of works of improvement constructed by the county for a soil and water conservation district. The state share shall be paid from moneys appropriated for such purposes. The state share authorized under this section shall not exceed fifty per cent of the nonfederal cost of the project.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 940 | Soil and Water Conservation Commission › Section 940.20 | Notice of Hearing on Proposed Improvement.

Effective:
March 24, 2021
Latest Legislation:
House Bill 340 - 133rd General Assembly
(A) At least twenty-one days prior to the date established for the view, the board of supervisors of a soil and water conservation district shall send a written notice of the view and the hearing to all landowners within the area to be benefited by the proposed improvement and to the board of county commissioners and the county engineer. The board shall ensure that the notice contains all of the following:
(1) The date, time, and location for the view and the subsequent hearing;
(2) A description of the proposed improvement and its location as stated in the petition, a map indicating the location of the proposed improvement or information on where to access the map, and an explanation of how to obtain additional information or ask questions about the proposed improvement;
(3) A statement that all costs of engineering, construction, and future maintenance will be assessed to the benefiting parcels of land;
(4) A statement that a landowner may file, not more than twenty-one days after the date of the view, an amendment to the original petition that expands the length of the proposed improvement, provided that the amendment does not expand the area to be benefited by the proposed improvement;
(5) A statement that any landowner receiving the notice may comment on the proposed improvement in writing before or in person at the hearing on the petition;
(6) The address at which to file an amendment to the petition or submit written comments on the proposed improvement.
(B) The board shall notify all landowners that are adjacent to the proposed improvement either by certified mail or, if the board has record of an internet identifier of record associated with such a landowner, by ordinary mail and by that internet identifier of record, and shall notify all others by certified mail or first class mailings. The written notice shall have the words "Legal Notice" printed in plain view on the face of the envelope or, in the case of service by an internet identifier of record, in conspicuous typeface at the top of the notice.
(C) The board shall invite to the view and the hearing the staff of the soil and water conservation district and the staff of the natural resources conservation service in the United States department of agriculture that is involved with the district together with any other people that the board considers to be necessary to the proceedings.
(D) As used in this section, "internet identifier of record" has the same meaning as in section 9.312 of the Revised Code.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 940 | Soil and Water Conservation Commission › Section 940.21 | View of Site of Proposed Improvement.

Effective:
March 24, 2021
Latest Legislation:
House Bill 340 - 133rd General Assembly
(A) On the date established for the view of a proposed improvement, the board of supervisors of a soil and water conservation district or its designee shall present an overview of the proposed improvement. In the presentation, the board or its designee shall use methods and means that the board determines will adequately inform those attending the view about the proposed improvement's location and the drainage issues intended to be addressed by the proposed improvement.
(B) Upon the request made at the view of a member of the board or of a landowner in the area to be benefited by the proposed improvement, the board or its designee shall recess the view and reconvene at a site along the proposed improvement for the purpose of gaining additional information about the drainage issue intended to be addressed by the proposed improvement. If the area to be viewed is extensive, the board or its designee may conduct the view on more than one day and may adjourn from day to day, or a longer period, until the view is completed.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 940 | Soil and Water Conservation Commission › Section 940.22 | Preliminary Report on Proposed Improvement; Alternate Proposals; Review by Engineer.

Effective:
March 24, 2021
Latest Legislation:
House Bill 340 - 133rd General Assembly
(A) Upon acceptance of a petition requesting the construction of an improvement, the board of supervisors of a soil and water conservation district shall begin to prepare a preliminary report regarding the proposed improvement. The board shall present the completed preliminary report at the hearing that is held on the proposed improvement.
(B) The board shall ensure that the preliminary report includes all of the following:
(1) A preliminary estimate of the cost of construction for the proposed improvement;
(2) Comments on the feasibility of the proposed improvement;
(3) A statement of the board's opinion as to whether the benefits from the proposed improvement are likely to exceed the estimated cost;
(4) A list of all factors identified by the board, both favorable and unfavorable to the proposed improvement, so that the petitioners may be informed concerning what is involved with the construction of the proposed improvement.
(C) In addition to preparing a preliminary report on the improvement as petitioned, the board may submit alternate proposals to accomplish the intent of the petition.
(D) The preliminary report and all alternate proposals shall be reviewed and receive concurrence from an engineer who is employed by the department of agriculture or by the natural resources conservation service in the United States department of agriculture and who is responsible for providing technical assistance to the district or from any other registered professional engineer selected by the board of supervisors.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 940 | Soil and Water Conservation Commission › Section 940.23 | Hearing on Petition; Objections by Affected Landowners.

Effective:
March 24, 2021
Latest Legislation:
House Bill 340 - 133rd General Assembly
(A) On the date and at the time established by the board of supervisors for the hearing on a petition for a proposed improvement, the board shall conduct the hearing. At the hearing, the board shall do both of the following:
(1) Present the board's preliminary report on the proposed improvement;
(2) Hear any comments or evidence offered by any landowner for or against the proposed improvement.
(B) If necessary, the board may recess and continue the hearing on subsequent days as may be reasonable to consider additional information about the proposed improvement or so that all interested landowners may have an opportunity to comment on the proposed improvement.
(C) At the conclusion of the hearing, the board shall vote to decide whether to proceed with a project survey and design or to dismiss the petition. In making its decision, the board shall take into consideration all of the following:
(1) The petition;
(2) The preliminary report;
(3) Comments on the proposed improvement;
(4) The protection of environmentally significant areas when those areas could be adversely affected by the construction of the proposed improvement and, if necessary, alternative plans providing for that protection and for construction of the proposed improvement.
(D) The board may proceed with the project survey and design for a proposed improvement if both of the following apply:
(1) The board finds that a proposed improvement is necessary and is conducive to the public welfare.
(2) The board is reasonably certain that the benefits of the proposed improvement will outweigh its costs.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 940 | Soil and Water Conservation Commission › Section 940.24 | Surveys, Plans and Maps, Construction Specifications, Cost Estimates.

Effective:
March 24, 2021
Latest Legislation:
House Bill 340 - 133rd General Assembly
After a vote of the board of supervisors of a soil and water conservation district to proceed with a project survey and design for a proposed improvement, the board or its designee shall conduct all necessary surveys for the proposed improvement. In addition, the board or its designee shall prepare plans for constructing the improvement. The plans shall include all of the following:
(A) Specifications for construction of the improvement;
(B) Dimensions of any temporary easement that is necessary for construction purposes;
(C) In the case of an improvement that is a ditch or similar structure for the disposal of water, provisions for all of the following:
(1) Spreading and leveling of spoil banks;
(2) Erosion and sediment control through the establishment of a sod or seeded strip or other such controls if suitable vegetative cover is not present. With regard to sod or seeded strips, the board shall ensure that the plan provides that such strips will be not fewer than ten feet nor more than fifteen feet wide, measured at right angles to the top of the ditch bank on both sides of the ditch. Sod or seeded strips or other such controls are considered part of the permanent improvement. The board or its designee shall report to the county auditor the total acreage of sod or seeded strips or other such controls that are established and maintained in accordance with this chapter. The county auditor shall remove the total acreage of sod or seeded strips or other such controls from the taxable valuation of the property of which they are a part.
(D) An analysis of all fences, floodgates, culverts, bridges, and other structures that will be removed or adjusted in constructing the improvement;
(E) An analysis of any gates that need to be installed in existing fences in order to provide access to the improvement for maintenance purposes. The plan shall require gates to be locked when requested by the owner of the fence. Gates are part of the original improvement and subject to maintenance along with the improvement.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 940 | Soil and Water Conservation Commission › Section 940.25 | Schedule of Damages.

Effective:
March 24, 2021
Latest Legislation:
House Bill 340 - 133rd General Assembly
(A) After preparing the project survey, design, and plans for constructing the proposed improvement, the board of supervisors of a soil and water conservation district shall prepare a schedule of damages as part of the estimate of the total cost of constructing the proposed improvement.
(B) The schedule of damages shall include both of the following:
(1) An estimate of the value of land or other property necessary to be acquired through purchase or voluntary transfer or appropriated in accordance with sections 163.01 to 163.62 of the Revised Code and a description of that land or other property;
(2) An estimate of the total damages to be sustained by any landowner as a result of the construction and subsequent maintenance of a proposed improvement, along with the name and address of each landowner that is alleged to be damaged, the amount of each landowner's estimated damages, and an explanation of each landowner's damages.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 940 | Soil and Water Conservation Commission › Section 940.26 | Cost Estimate.

Effective:
March 24, 2021
Latest Legislation:
House Bill 340 - 133rd General Assembly
After preparing a schedule of damages, the board of supervisors of a soil and water conservation district or its designee shall make an estimate of the cost of the proposed improvement. The estimate shall include all of the following:
(A) Actual construction costs, including costs of addressing the construction specifications set forth in section 940.24 of the Revised Code;
(B) The estimated costs included in the schedule of damages prepared under section 940.25 of the Revised Code;
(C) Any expenses incurred in investigations, consulting services, and notifications related to the proposed improvement, and any other incidental costs.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 940 | Soil and Water Conservation Commission › Section 940.27 | Schedule of Estimated Assessments.

Effective:
March 24, 2021
Latest Legislation:
House Bill 340 - 133rd General Assembly
(A) After preparing an estimate of the cost of a proposed improvement, the board of supervisors of a soil and water conservation district or its designee shall prepare a schedule of estimated assessments on land within the area that will be benefited by a proposed improvement. The board shall include in the schedule the name and address of each landowner whose parcel of land will be benefited by the proposed improvement and a description of each landowner's parcel. The board shall obtain the names and addresses from the tax duplicates of the county. The board shall obtain the descriptions from the county recorder's office. For purposes of the description the county recorder shall not require a metes and bounds survey.
(B) In determining the estimated assessment on a parcel of land, the board or its designee shall do both of the following:
(1) Use the information compiled in accordance with sections 940.24 to 940.26 of the Revised Code;
(2) Consider, and incorporate when applicable, the following factors in the calculations:
(a) Acreage of the parcel;
(b) Volume of water produced by the parcel;
(c) Distance of the parcel from the proposed improvement;
(d) Percentage of the proposed improvement to be used by the parcel;
(e) The construction of works that are determined to solely benefit the particular parcel;
(f) Soil types of the parcel;
(g) The county auditor's land value or current agricultural use value, if applicable, of the parcel;
(h) Existing drainage infrastructure that can be incorporated into the proposed improvement and associated cost savings;
(i) Any other factors pertinent to the proposed improvement and the watershed that will be affected by the proposed improvement;
(j) Any benefits as defined in section 6131.01 of the Revised Code.
(C) Unless the board determines for good cause that a lower amount is appropriate, the board shall not establish an estimated assessment for a parcel of land in an amount less than twenty-five dollars, including the cost of preparing and mailing the notice required under section 940.32 of the Revised Code. If a dwelling is located on a lot that comprises two or more contiguous parcels of land, the board may establish an estimated assessment of not less than twenty-five dollars for all of the parcels, including the cost of preparing and mailing the notice required under section 940.32 of the Revised Code.
(D) The board shall ensure that the total of the estimated assessments, including the total estimated assessments allocated to public corporations and the state, is not greater than the estimated cost of the proposed improvement.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 940 | Soil and Water Conservation Commission › Section 940.28 | Petition and Information to Be Submitted to County Commissioners.

Effective:
March 24, 2021
Latest Legislation:
House Bill 340 - 133rd General Assembly
After a board of supervisors of a soil and water conservation district completes the schedule of estimated assessments, the board shall submit the petition, preliminary report, surveys, plans, specifications, schedule of damages, cost estimates, estimated assessments, and any other information obtained or prepared for the petition to the board of county commissioners of the county in which the proposed improvement is to be located.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 940 | Soil and Water Conservation Commission › Section 940.29 | Scheduling and Notice of Hearing on Proposed Improvement.

Effective:
March 24, 2021
Latest Legislation:
House Bill 340 - 133rd General Assembly
(A) Upon receiving the information submitted by a board of supervisors of a soil and water conservation district under section 940.28 of the Revised Code, the board of county commissioners shall establish the date, time, and location of a hearing regarding the proposed improvement.
(B) At least twenty-one days prior to the date established for the hearing, the clerk of the board of county commissioners shall send a written notice of the hearing by certified mail to all landowners that are adjacent to the proposed improvement. The clerk shall send such notice by certified or first class mail to all other landowners within the area to be benefited by the proposed improvement, the board of supervisors of the applicable soil and water conservation district, and the county engineer. The clerk shall include all of the following in the notice:
(1) The date, time, and location of the hearing;
(2) A description of any easement on the landowner's property that is necessary for purposes of the improvement;
(3) A landowner's estimated assessment;
(4) A statement that a landowner may file comments on the proposed improvement and exceptions to the estimated assessment in writing before the hearing or in person at the hearing;
(5) The address at which to submit written comments on the proposed improvement and exceptions to the estimated assessment.
(C) The clerk shall include printed words in plain view on the envelope containing the notice that read "Legal Notice of Proposed Drainage Improvement."
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 940 | Soil and Water Conservation Commission › Section 940.30 | County Commissioners Hearing on Proposed Improvement.

Effective:
March 24, 2021
Latest Legislation:
House Bill 340 - 133rd General Assembly
(A) On the date established for the hearing, the board of county commissioners shall conduct the hearing by doing both of the following:
(1) Presenting the project design, construction plans, schedule of damages, cost estimates, and estimated assessments for the proposed improvement as submitted by the board of supervisors of the applicable soil and water conservation district;
(2) Hear any comments offered by any landowner regarding the estimated assessments and proposed improvement.
(B) If necessary, the board of county commissioners may adjourn and continue the hearing on subsequent days as may be reasonable to consider additional information about the proposed improvement, make changes that will better accomplish the purpose and object of the proposed improvement, or allow all interested landowners to have an opportunity to comment on the proposed improvement.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 940 | Soil and Water Conservation Commission › Section 940.33 | Tax Levy Resolution.

Effective:
March 24, 2021
Latest Legislation:
House Bill 340 - 133rd General Assembly
(A) A board of county commissioners may declare by resolution that it is necessary to levy a tax upon the property within the area to be benefited by an improvement in order to pay the costs of the improvement not otherwise funded.
The resolution shall specify all of the following:
(1) The rate that it is necessary to levy;
(2) The purpose of the tax levy;
(3) The number of years during which the increase is in effect, which may include the current year.
(B) A copy of the resolution shall be certified to the board of elections for the county not less than ninety days before the general election in any year and the board shall submit the proposal to the electors within the area to be benefited by an improvement at the succeeding November election in accordance with section 5705.25 of the Revised Code. For purposes of that section, the subdivision is the area to be benefited by an improvement.
(C) If the per cent required for approval of a levy as set forth in section 5705.26 of the Revised Code vote in favor thereof, the board of county commissioners may levy a tax within the area to be benefited by an improvement, outside the ten-mill limitation, during the period and for the purpose stated in the resolution, or at any less rate or for any less number of years.
(D) The board may issue bonds and notes in anticipation of the collection of taxes levied under this section, and notes in anticipation of the issuance of bonds.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 940 | Soil and Water Conservation Commission › Section 940.34 | Joint Board of Supervisors.

Effective:
March 24, 2021
Latest Legislation:
House Bill 340 - 133rd General Assembly
(A) Upon receiving a petition pursuant to section 940.19 of the Revised Code for a proposed improvement that would be located in two or more adjoining soil and water conservation districts, the board of supervisors of the adjoining districts shall, with approval of the Ohio soil and water conservation commission, create a joint board of supervisors. Each district shall have the same number of supervisors on the joint board. However, if the membership of the joint board would be an even number, an additional supervisor from the lead county shall be designated.
(B) A joint board of supervisors shall exercise the same powers, execute the same duties, and follow the same procedures in connection with an improvement under this chapter as the board of supervisors of a single soil and water conservation district with the following conditions:
(1) For purposes of making a preliminary determination to accept or reject a petition in accordance with section 940.19 of the Revised Code, the joint board shall make the determination within sixty days of the approval of the creation of the joint board.
(2) For purposes of a petition, the joint board shall do both of the following:
(a) Send the petition and accompanying information to the board of county commissioners of the lead county; and
(b) Send notification of the need for the creation of a joint board of county commissioners under section 940.35 of the Revised Code to the board of county commissioners of each county in the area to be benefited by the proposed improvement.
(C) Upon the creation of a joint board of supervisors, the elected officials in the lead county, including the engineer, recorder, auditor, prosecutor, treasurer, judges, and clerk of the board of county commissioners, shall serve as the administrative officers for the joint board of supervisors.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 940 | Soil and Water Conservation Commission › Section 940.35 | Joint Board of County Commissioners.

Effective:
March 24, 2021
Latest Legislation:
House Bill 340 - 133rd General Assembly
(A) If a proposed improvement would affect more than one county, the board of county commissioners from each of the counties that would be affected by the proposed improvement shall meet on a date fixed by the clerk of the board of county commissioners of the lead county. The boards shall meet in the lead county to organize a joint board of county commissioners and elect a president, which shall be the first order of business at the hearing.
(B) A joint board of county commissioners shall exercise the same powers, execute the same duties, and follow the same procedures in connection with an improvement under this chapter as the board of county commissioners of a single county.
(C) The clerk of the board of county commissioners of the lead county shall do all of the following:
(1) Act as clerk and administrator of the joint board;
(2) Enter the findings of the joint board in the journal of the board of county commissioners of the lead county;
(3) Make the final record of the improvement in the lead county;
(4) Provide copies of all proceedings to the clerks of the boards of all affected counties.
(D) A majority of the county commissioners constituting the joint board shall constitute a quorum. All decisions of the joint board shall be made by a majority vote of the quorum present at a meeting of the joint board.
(E) The director of natural resources shall be an ex officio member of the joint board and may participate, in person or through a designated representative, in deliberations and proceedings of the joint board. The director shall have no vote on any proceedings of the joint board except in the case of a tie for or against an improvement. If the director or the director's designee is not present at the proceeding, the director shall review the proceedings and cast the deciding vote within thirty days of the proceeding. A failure to cast a vote for or against the improvement within thirty days constitutes an affirmative vote for the improvement. The clerk shall record the final resolution of the tie.
(F) Upon the creation of a joint board of county commissioners, the elected officials in the lead county, including the engineer, recorder, auditor, prosecutor, treasurer, judges, and clerk of the board of county commissioners, shall serve as the administrative officers for the joint board of county commissioners.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 940 | Soil and Water Conservation Commission › Section 940.36 | Lead County Responsibilities.

Effective:
March 24, 2021
Latest Legislation:
House Bill 340 - 133rd General Assembly
(A) The auditor of the lead county shall certify to the auditor of the other counties a schedule of any taxes or assessments to be levied for the improvement, and the auditor of such other county immediately shall place such tax or assessment upon the duplicates. Taxes or assessments so certified for collection to an auditor of another county are a lien on the land within such county from the date such certificate is received by the auditor of such other county.
(B) The treasurer of each county shall collect any taxes or assessments levied for the improvement pursuant to the orders made in the proceedings of the joint board of county commissioners, and such taxes or assessments when collected shall be paid to the treasurer for the joint board.
(C) The auditor and treasurer of the lead county shall receive and account for any taxes or assessments levied for the improvement in the same manner as they would for taxes or assessments collected within their county. The treasurer and auditor of the lead county with their bondspersons are liable on their official bonds for any misappropriation of such funds. All warrants for the payment of costs in connection with the improvement shall be drawn by the auditor of the lead county, on the treasurer of the lead county, payable out of the fund designated by the joint board to receive moneys for the improvement.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 940 | Soil and Water Conservation Commission › Section 940.37 | Maintenance of Improvements.

Effective:
March 24, 2021
Latest Legislation:
House Bill 340 - 133rd General Assembly
The board of county commissioners, or, if a joint board of county commissioners has been created under section 940.35 of the Revised Code, the joint board, shall maintain the improvements constructed under this chapter. For that purpose, the board of county commissioners or joint board may use procedures and requirements established in Chapter 6137. of the Revised Code and may contract with or authorize the board of supervisors or joint board of supervisors of a soil and water conservation district to perform maintenance of such works of improvement.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 940 | Soil and Water Conservation Commission › Section 940.38 | Appeals.

Effective:
March 24, 2021
Latest Legislation:
House Bill 340 - 133rd General Assembly
Any affected landowner may appeal to the appropriate court of common pleas any action or determination of a board of supervisors, joint board of supervisors, board of county commissioners, or joint board of county commissioners under this chapter. The affected landowner shall make the appeal within thirty days of the date of the action or determination. The appeal may be based on, but is not limited to, any of the following questions:
(A) Is the improvement necessary?
(B) Will the improvement be conducive to the public welfare?
(C) Is the cost of the improvement greater than the benefits conferred?
(D) Is the route, termini, or mode of construction the best to accomplish the purpose of the improvement?
(E) Are the assessments levied according to benefits?
(F) Is the award for compensation or damages just?
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 940 | Soil and Water Conservation Commission › Section 940.39 | Videoconferencing and Teleconferencing of Meetings.

Effective:
March 24, 2021
Latest Legislation:
House Bill 340 - 133rd General Assembly
(A) For purposes of this section, references to a "board of supervisors of a soil and water conservation district" or a "board" includes a joint board of supervisors of a soil and water conservation district.
(B) Notwithstanding any other provision of law to the contrary, a board of supervisors of a soil and water conservation district, when practicable, may conduct meetings by video conference or, if video conference is not available, by teleconference. The board of supervisors shall make provisions for public attendance at any location involved in such a meeting. The board shall establish the board's main office or board room as the primary meeting location for the video conference or teleconference. The conference shall be held at that location in an open meeting at which the public is allowed to attend.
(C) Before convening a meeting of a board of supervisors by video conference or by teleconference, designated staff shall send, via electronic mail, facsimile, or United States postal service, a copy of meeting-related documents to each member of the board.
(D) The minutes of each drainage improvement meeting shall specify who was attending by teleconference, who was attending by video conference, and who was physically present. Any vote taken in a meeting held by teleconference that is not unanimous shall be recorded as a roll call vote.
(E) Nothing in section 121.22 of the Revised Code prohibits a board of supervisors from conducting a meeting in a manner authorized by this section.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 940 | Soil and Water Conservation Commission › Section 940.42 | Data and Records.

Effective:
April 12, 2021
Latest Legislation:
House Bill 7 - 133rd General Assembly
(A) Data or records of a person's agricultural operations, conservation or water quality improvement practices, or proposed utilization of such practices collected or maintained by the department of agriculture, a soil or water conservation district, an institution of higher education, as defined in section 3345.12 of the Revised Code, or any other state agency are not a public record subject to disclosure under section 149.43 of the Revised Code.
(B) The department may share such data or records with state agencies and institutions of higher education, as defined in section 3345.12 of the Revised Code, for the purpose of water quality research if all of the following apply:
(1) The data or records of conservation or water quality improvement practices are aggregated.
(2) The aggregated data or records do not include any information that identifies an individual.
(3) The aggregated data or records include a description of the conservation or water quality improvement practices.
(4) The aggregated data or records identify the watershed, by the watershed's hydrologic unit code, where the conservation or water quality improvement practices are being or have been utilized.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 940 | Soil and Water Conservation Commission › Section 940.43 | Intent of General Assembly.

Effective:
April 12, 2021
Latest Legislation:
House Bill 7 - 133rd General Assembly
It is the intent of the general assembly to collaborate with organizations representing agriculture, conservation, and the environment and institutions of higher education engaged in water quality research to establish a certification program for farmers that utilize practices designed to minimize impacts to water quality. The director of agriculture shall undertake all actions necessary to ensure that assistance and available funding are provided for farmers who participate in the certification program.