reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1518 | Endangered Species › Section 1518.03 | Rules for Commercial Dealers Regarding Endangered Plants.

Effective:
June 27, 2005
Latest Legislation:
Senate Bill 124 - 126th General Assembly
The chief of natural areas and preserves shall adopt and may amend or repeal rules, in accordance with Chapter 119. of the Revised Code, restricting the taking, possessing, transportation, sale, offering for sale, or exposure for sale, for commercial purposes of native Ohio species of wild plants or parts of them, that are listed as endangered or threatened by rule adopted under section 1518.01 of the Revised Code. The rules may prohibit the taking of any endangered or threatened plant, or parts of it, for commercial purposes, from any wood lot, field, or forest, or from any other location in which that plant is found growing in its native habitat. This section does not prevent any nurseryperson or dealer who is licensed under Chapter 927. of the Revised Code from selling, offering for sale, shipping, or otherwise disposing of any endangered or threatened plants or parts of them when those plants have been commercially grown by a licensed nursery or legally imported into this state. For the purposes of this section, "commercial purposes" means with intent to sell or trade endangered or threatened plants for gain or profit. "Commercially grown" means to grow plants under cultivation in tilled plots or in a greenhouse.
The rules shall provide for the taking of species endangered or threatened with statewide extirpation for botanical, educational, and scientific purposes, and for propagation in captivity to preserve the species, with written permission from the chief. The rules shall not prohibit the taking or possession of species listed on the "United States list of endangered and threatened wildlife and plants" for botanical, educational, or scientific purposes, or for propagation in captivity to preserve the species, under a permit or license from the United States or any instrumentality of the United States.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1518 | Endangered Species › Section 1518.04 | Agreements or Contracts With the United States Government.

Effective:
August 23, 1978
Latest Legislation:
House Bill 908 - 112th General Assembly
The director of natural resources may enter into agreements or contracts with the United States government for the protection of plant species pursuant to the "Endangered Species Act of 1973," 87 Stat. 884, 16 U.S.C. 1531-1543, as amended.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1518 | Endangered Species › Section 1518.05 | Violation of Rules or Permit Conditions.

Effective:
August 23, 1978
Latest Legislation:
House Bill 908 - 112th General Assembly
(A) No person shall violate a rule adopted or condition of a permit issued under section 1518.03 of the Revised Code.
(B) The attorney general, upon the request of the chief of the division of natural areas and preserves, shall prosecute any person who violates section 1518.02 of the Revised Code or this section.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1518 | Endangered Species › Section 1518.99 | Penalty.

Effective:
March 18, 1999
Latest Legislation:
Senate Bill 187 - 122nd General Assembly
(A) Whoever violates section 1518.02 of the Revised Code is guilty of a minor misdemeanor.
(B) Whoever violates section 1518.05 of the Revised Code shall be fined not less than one thousand dollars nor more than five thousand dollars for the first offense; for each subsequent offense the person shall be fined not less than two thousand dollars nor more than ten thousand dollars.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1519 | Recreational Trails › Section 1519.01 | Plan and Administration of State System of Recreational Trails.

Effective:
February 11, 1988
Latest Legislation:
House Bill 514 - 117th General Assembly
The director of natural resources shall plan and administer a state system of recreational trails for hiking, bicycling, horseback riding, ski touring, canoeing, and other nonmotorized forms of recreational travel. The system may interconnect state parks, forests, wildlife areas, nature preserves, scenic rivers, and other places of scenic or historic interest to the maximum practicable extent. It shall provide circuit trails for day use and access trails wherever possible. The director may, by the adoption of rules in accordance with Chapter 119. of the Revised Code, restrict uses of the trails to insure user safety, prevent damage to the trail routes, and prevent conflicting uses. As used in this chapter, "state trail" means any trail acquired by the director, or trail established or maintained pursuant to an agreement, under section 1519.02 of the Revised Code, and any other trail on lands under his jurisdiction that he designates as a state trail by entry in his journal. Any person who owns land along a state trail may use or authorize use of motorized vehicles across the trail for purposes incident to ownership and management of his land.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1519 | Recreational Trails › Section 1519.02 | Acquisition and Maintenance of Property for Trails.

Effective:
October 26, 1999
Latest Legislation:
House Bill 19 - 123rd General Assembly
The director of natural resources may acquire real property or any estate, right, or interest therein for the purpose of establishing, protecting, and maintaining any state recreational trail. The director may appropriate real property or any estate, right, or interest therein for trail purposes only along a canal, watercourse, stream, existing or abandoned road, highway, street, logging road, railroad, or ridge or other landform or topographic feature particularly suited for nonmotorized vehicular recreational use, and may not appropriate more than twenty-five acres including land purchased with or without appropriation proceedings along any mile of trail. Any state department or agency or any political subdivision may transfer real property or any estate, right, or interest therein to the director for such purpose, or may enter into an agreement with the director for the establishment, protection, and maintenance of a trail. The director may transfer real property or any estate, right, or interest therein to any political subdivision pursuant to an agreement whereby the political subdivision maintains and protects a trail. The director may enter into agreements with private organizations or with agencies of the United States to provide for maintenance of any trail or section thereof. The director shall provide campsites, shelters, footbridges, water, sanitary, watercraft launching, and other facilities for recreational use, nature and historical interpretation, and administration of the state trails system. The director may cooperate with the director of transportation in providing appropriate means for trails to cross highways. The director may restore historical sites along a trail. The director shall publish and distribute maps, guides, pamphlets, and other interpretative literature on the state trails system and on individual trails which the director considers suitable for extensive public use.
Any instrument by which real property is acquired pursuant to this section shall identify the agency of the state that has the use and benefit of the real property as specified in section 5301.012 of the Revised Code.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1519 | Recreational Trails › Section 1519.03 | Comprehensive Plan for Development of Statewide Trails System.

Effective:
September 14, 2016
Latest Legislation:
Senate Bill 293 - 131st General Assembly
The director of natural resources, through the chief of the division of parks and watercraft, shall prepare and maintain a current inventory of trails, abandoned or unmaintained roads, streets, and highways, abandoned railroad rights-of-way, utility easements, canals, and other scenic or historic corridors or rights-of-way that are suitable for recreational use. The director shall prepare and publish a comprehensive plan for development of a statewide trails system to serve present and future trail recreation needs of the state. Any state department, agency, political subdivision, or planning commission shall furnish available maps, descriptions, and other pertinent information to the director or provide access to the director's representatives for inspection and duplication, upon request by the director, for trail inventory and planning purposes.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1519 | Recreational Trails › Section 1519.04 | Rule Violations - Enforcement.

Effective:
September 14, 2016
Latest Legislation:
Senate Bill 293 - 131st General Assembly
No person shall violate any rule adopted by the director of natural resources under this chapter.
Every sheriff, deputy sheriff, marshal, deputy marshal, member of the organized police department of any municipal corporation, police constable of any township, wildlife officer, natural resources officer, conservancy district police officer, and other law enforcement officer, within the area of the law enforcement officer's authority, may enforce this chapter and rules adopted under it.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1519 | Recreational Trails › Section 1519.07 | No Duty or Liability to User of Recreational Trail.

Effective:
April 7, 2005
Latest Legislation:
Senate Bill 80 - 125th General Assembly
(A) As used in this section:
(1) "Intentional tort" means an injury to person or property that the tortfeasor intentionally caused, to which the tortfeasor intentionally contributed, or that the tortfeasor knew or believed was substantially certain to result from the tortfeasor's conduct.
(2) "Premises" means a parcel of land together with any waters, buildings, or structures on it that is privately owned and that is directly adjacent to a recreational trail.
(3) "Recreational trail" means a public trail that is used for hiking, bicycling, horseback riding, ski touring, canoeing, or other nonmotorized forms of recreational travel and that interconnects state parks, forests, wildlife areas, nature preserves, scenic rivers, or other places of scenic or historic interest.
(4) "User of a recreational trail" means a person who, in the course of using a recreational trail, enters on premises without first obtaining express permission to be there from the owner, lessee, or occupant of the premises.
(B)(1) An owner, lessee, or occupant of premises does not owe any duty to a user of a recreational trail to keep the premises safe for entry or use by a user of a recreational trail.
(2) An owner, lessee, or occupant of premises does not assume, has no responsibility for, does not incur liability for, and is not liable for any injury to person or property caused by any act of a user of a recreational trail.
(C) This section does not apply to intentional torts.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1519 | Recreational Trails › Section 1519.99 | Penalty.

Effective:
October 20, 1972
Latest Legislation:
Senate Bill 247 - 109th General Assembly
Whoever violates section 1519.04 of the Revised Code, or any rule or regulation adopted by the director of natural resources pursuant to Chapter 1519. of the Revised Code, shall be fined not less than ten nor more than one hundred dollars.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1520 | Canal Lands › Section 1520.01 | Canal Lands Definitions.

Effective:
March 18, 1999
Latest Legislation:
Senate Bill 187 - 122nd General Assembly
As used in this chapter:
(A) "Canal lands" includes any part of the bed, berm, bank, or slope of any canal, canal basin, or canal reservoir or of any lock, aqueduct, dam, culvert, tunnel, feeder, or side cut formerly a part of any canal system in this state, whether or not abandoned; the outer slope of any towing path embankment formerly a part of any canal system in this state; and any tract of land that was a part of or intended for the use of any canal system in this state. "Canal lands" means only those canal lands that are the property of the state.
(B) "Canal reservoir" means any artificial lake or impoundment that was constructed to provide water to any canal system in this state.
(C) "Domestic use" means the withdrawal of water from a canal or canal reservoir by an individual for outdoor, nonpotable use on residential property by means of a pump or other device that generally has a discharge line with an outside diameter of not more than one and one-half inches.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1520 | Canal Lands › Section 1520.02 | Director of Natural Resources Exclusive Authority to Administer, Manage, and Establish Policies Governing Canal Lands.

Effective:
September 14, 2016
Latest Legislation:
Senate Bill 293 - 131st General Assembly
(A) The director of natural resources has exclusive authority to administer, manage, and establish policies governing canal lands.
(B)(1) The director may sell, lease, exchange, give, or grant all or part of the state's interest in any canal lands in accordance with section 1501.01 of the Revised Code. The director may stipulate that an appraisal or survey need not be conducted for, and may establish any terms or conditions that the director determines appropriate for, any such conveyance.
Prior to proposing the conveyance of any canal lands, the director shall consider the local government needs and economic development potential with respect to the canal lands and the recreational, ecological, and historical value of the canal lands. In addition, the conveyance of canal lands shall be conducted in accordance with the director's policies governing the protection and conservation of canal lands established under this section.
(2) With regard to canal lands, the chief of the office of real estate and land management, with the approval of the director, may sell, lease, or transfer minerals or mineral rights when the chief, with the approval of the director, determines that the sale, lease, or transfer is in the best interest of the state. Consideration for minerals and mineral rights shall be by rental or on a royalty basis as prescribed by the chief, with the approval of the director, and payable as prescribed by contract. Moneys collected under division (B)(2) of this section shall be paid into the state treasury to the credit of the canal lands fund created in section 1520.05 of the Revised Code.
(C) The director may transfer to the Ohio history connection any equipment, maps, and records used on or related to canal lands that are of historical interest and that are not needed by the director to administer this chapter.
(D) If the director determines that any canal lands are a necessary part of a county's drainage or ditch system and are not needed for any purpose of the department of natural resources, the director may sell, grant, or otherwise convey those canal lands to that county in accordance with division (B) of this section. The board of county commissioners shall accept the transfer of canal lands.
(E) Notwithstanding any other section of the Revised Code, the county auditor shall transfer any canal lands conveyed under this section, and the county recorder shall record the deed for those lands in accordance with section 317.12 of the Revised Code.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1520 | Canal Lands › Section 1520.04 | Failure to Pay Rentals - Mortgage Foreclosure Suit.

Effective:
July 1, 1989
Latest Legislation:
House Bill 111 - 118th General Assembly
(A) If any person who has entered into a lease with the director of natural resources under section 1520.02 or 1520.03 of the Revised Code fails to pay any rental agreed to be paid in the lease at the time specified in the lease, whether or not a demand for the rental is made, the director may declare the lease void and may sell, lease, exchange, give, or grant the canal lands or sell or lease the water that was the subject of the original lease to another person in accordance with those sections, as applicable.
(B) When any building that is sold on foreclosure in a delinquent tax suit or in a mortgage foreclosure suit is located on canal lands that have been leased under section 1520.02 of the Revised Code, the director shall either transfer to the purchaser of the building the original lease that was executed under that section or cancel the original lease and sell, lease, exchange, give, or grant the canal lands to the purchaser of the building in accordance with that section.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1520 | Canal Lands › Section 1520.05 | Canal Lands Fund.

Effective:
April 6, 2007
Latest Legislation:
House Bill 443 - 126th General Assembly
There is hereby created in the state treasury the canal lands fund, which shall be composed of all moneys received by the director of natural resources under sections 1520.02 and 1520.03 of the Revised Code, all civil penalties assessed under section 1520.03 of the Revised Code, and any moneys appropriated to it. The fund shall be administered by the director, who shall spend moneys in the fund for the purposes of administering and enforcing this chapter. The director may spend any surplus moneys in the fund, as determined by the director, for any other programs operated by the department of natural resources.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1520 | Canal Lands › Section 1520.06 | Wabash-Erie Canal Lands.

Effective:
July 1, 1989
Latest Legislation:
House Bill 111 - 118th General Assembly
Whenever it is necessary, in any civil action or criminal proceeding, to prove the title of the state to any lands granted by an act of congress entitled "an act to grant a certain quantity of land to the state of Indiana, for the purpose of aiding said state in opening a canal to connect the waters of the Wabash river with those of Lake Erie," passed March 2, 1827, and which were, by the state of Indiana, transferred to the state of Ohio by a joint resolution of the general assembly of Indiana, approved February 1, 1834, and such lands as have been or may be conveyed by the state of Ohio to any person, the deed of the state of Ohio, conveying the same, is prima-facie evidence that the title to the land conveyed was in the state of Ohio at the time of the execution of the conveyance.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1520 | Canal Lands › Section 1520.07 | Sale of Timber or Spoils of a Dredging Operation.

Effective:
April 6, 2007
Latest Legislation:
House Bill 443 - 126th General Assembly
(A) The director of natural resources may give away or sell timber that has fallen on or been removed for maintenance reasons from canal lands.
(B) The director may give away or sell the spoils of a dredging operation conducted by the department of natural resources in waters under the control and management of the department. Prior to giving away or selling any spoils under this division, the director shall notify the director of environmental protection of that intent so that the director of environmental protection may determine whether the spoils constitute solid wastes or hazardous waste, as those terms are defined in section 3734.01 of the Revised Code, that shall be disposed of in accordance with Chapter 3734. of the Revised Code. If the director of environmental protection does not notify the director of natural resources within thirty days after receiving notice of the gift or sale that the spoils shall be disposed of in accordance with Chapter 3734. of the Revised Code, the director of natural resources may proceed with the gift or sale.
(C) Proceeds from the sale of timber or dredge spoils under this section shall be deposited into the state treasury to the credit of the canal lands fund created in section 1520.05 of the Revised Code.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1520 | Canal Lands › Section 1520.99 | Penalty.

Effective:
October 20, 1994
Latest Legislation:
Senate Bill 182 - 120th General Assembly
Whoever violates division (D) of section 1520.03 of the Revised Code is guilty of a minor misdemeanor. Each day of violation constitutes a separate offense.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1521 | Division of Water Resources › Section 1521.04 | Use of Water Management Fund.

Effective:
October 17, 2019
Latest Legislation:
House Bill 166 - 133rd General Assembly
(A) The chief of the division of water resources may make loans and grants from the water management fund created in section 1521.22 of the Revised Code to governmental agencies for water management, water supply improvements, and planning. The chief may administer grants from the federal government and from other public or private sources for carrying out those functions and for the performance of any acts that may be required by the United States or by any agency or department thereof as a condition for the participation by any governmental agency in any federal financial or technical assistance program. Direct and indirect costs of administration may be paid from the fund.
(B) The chief may use the water management fund for any of the following purposes:
(1) Administering the water diversion and consumptive use permit programs established under this chapter and the withdrawal and consumptive use permit program established under Chapter 1522. of the Revised Code;
(2) To perform watershed and water resources studies for the purposes of water management planning;
(3) To acquire, construct, reconstruct, improve, equip, maintain, operate, and dispose of water management improvements.
(C) The chief may fix, alter, charge, and collect rates, fees, rentals, and other charges to be paid into the fund by governmental agencies and persons who are supplied with water by facilities constructed or operated by the department of natural resources in order to amortize and defray the cost of the construction, maintenance, and operation of those facilities.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1521 | Division of Water Resources › Section 1521.063 | Annual Inspection Fee.

Effective:
October 17, 2019
Latest Legislation:
House Bill 166 - 133rd General Assembly
(A) Except for the federal government, the owner of a dam, that is classified as a class I, class II, or class III dam under rules adopted under section 1521.06 of the Revised Code and subject to section 1521.062 of the Revised Code shall pay an annual fee in accordance with the annual fee schedule established in rules adopted under division (B) of this section. The fee shall be paid to the division of water resources on or before the thirtieth day of June of each year.
All fees collected under this section shall be deposited in the dam safety fund created in section 1521.06 of the Revised Code. Any owner who fails to pay any annual fee required by this section within sixty days after the due date shall be assessed a penalty of ten per cent of the annual fee plus interest at the rate of one-half per cent per month from the due date until the date of payment.
There is hereby created the compliant dam discount program to be administered by the chief of the division of water resources. Under the program, the chief may reduce the amount of the annual fee that an owner of a dam is required to pay in accordance with rules adopted by the chief under division (B) of this section if the owner is in compliance with section 1521.062 of the Revised Code and has developed an emergency action plan pursuant to standards established in rules adopted under this section. The chief shall not discount an annual fee by more than twenty-five per cent of the total annual fee that is due. In addition, the chief shall not discount the annual fee that is due from the owner of a dam who has been assessed a penalty under this section.
(B)(1) The chief shall, in accordance with Chapter 119. of the Revised Code and subject to the prior approval of the director of natural resources, adopt, and may amend or rescind, rules for the collection of fees and the administration, implementation, and enforcement of this section.
(2) The chief shall, in accordance with Chapter 119. of the Revised Code, adopt rules for the establishment of an annual fee schedule for purposes of this section.
(3) The annual fee schedule must be based on the height of the dam, the linear foot length of the dam, and the per-acre foot of volume of water impounded by the dam. For purposes of this section, the height of a dam is the vertical height, to the nearest foot, as determined by the division under section 1521.062 of the Revised Code.
(C) No person, political subdivision, or state governmental agency shall violate or fail to comply with this section or any rule or order adopted or issued under it.
(D) As used in this section, "political subdivision" includes townships, municipal corporations, counties, school districts, municipal universities, park districts, sanitary districts, and conservancy districts and subdivisions thereof.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1521 | Division of Water Resources › Section 1521.064 | Administrative Rules for Exemption From Inspections.

Effective:
January 1, 2016
Latest Legislation:
House Bill 64 - 131st General Assembly
The chief of the division of water resources, in accordance with Chapter 119. of the Revised Code, shall adopt, and may amend and rescind, rules establishing a program under which dams and levees may be exempted from inspections under section 1521.062 of the Revised Code if the continued operation and use of, and any rupturing of or other structural damage to, the dams and levees will not constitute a hazard to life, health, or property. The rules shall establish, without limitation, all of the following:
(A) A procedure by which the owner of such a dam or levee may apply for an exemption under this section;
(B) The standards that a dam or levee shall meet in order to be exempted under this section;
(C) A procedure by which the chief shall periodically review the status of a dam or levee that has been exempted under this section to determine if the exemption should be rescinded;
(D) A requirement that the owner of any dam or levee exempted under this section shall agree, in writing, to accept liability for any injury, death, or loss to persons or property caused by the rupturing of or other structural damage to the dam or levee.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1521 | Division of Water Resources › Section 1521.07 | Right of Entry.

Effective:
January 1, 2016
Latest Legislation:
House Bill 64 - 131st General Assembly
The chief of the division of water resources or any employee in the service of the division may enter upon lands to make surveys and inspections in accordance with this chapter, when necessary in the discharge of the duties enumerated in this chapter.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1521 | Division of Water Resources › Section 1521.09 | Reservoirs - Reduction of Assessed Valuation.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Any landowner, or groups of landowners or lessors, in this state not within the corporate limits of any municipal corporation in this state, who shall by the construction of a dam across any watercourse form upon his own land one or more reservoirs for the collection and storage of surface water, and who maintains such reservoirs in such condition as to collect and store such water, or who donates to the state or any of its agencies a tract of land on which the state or any of its agencies may erect and maintain a reservoir for the storage of water, is entitled to a reduction of the assessed valuation of the tract of land upon which such reservoir is located of forty dollars for each acre-foot of storage capacity afforded by such dam. The total amount of such reduction shall not exceed forty per cent of the assessed valuation of the entire contiguous acreage owned by the landowner and upon which such reservoirs are located.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1521 | Division of Water Resources › Section 1521.10 | Landowner to Submit Plans.

Effective:
January 1, 2016
Latest Legislation:
House Bill 64 - 131st General Assembly
In order to be entitled to the compensation provided for in section 1521.09 of the Revised Code, the landowner shall have prepared and submit to the division of water resources complete plans for the dam provided for in such section. The plans shall have the approval of the chief of the division of water resources and the dam shall be constructed in accordance with such plans before compensation can be claimed.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1521 | Division of Water Resources › Section 1521.11 | Certification.

Effective:
January 1, 2016
Latest Legislation:
House Bill 64 - 131st General Assembly
Upon the completion of the dam referred to in section 1521.09 of the Revised Code to the satisfaction of the division of water resources, it shall certify the completion and the capacity thereof to the county auditor who shall thereupon make such reduction in the assessed valuation of the contiguous landowner as the contiguous landowner is entitled to receive under sections 1521.09 to 1521.12 of the Revised Code.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1521 | Division of Water Resources › Section 1521.12 | Approval of Plans.

Effective:
January 1, 2016
Latest Legislation:
House Bill 64 - 131st General Assembly
In the event that any dam is constructed before plans are submitted to and approved by the division of water resources as required by section 1521.10 of the Revised Code, the landowner may submit plans of the dam the landowner has built, showing the area of the drainage basin above the dam, a cross section of the dam site, a cross section, plan, and elevation of the dam, a map of the spillway, a topographic map of the reservoir basin, and such other data and information as the division requires. If the plans receive the approval of the division, and upon examination the dam is found to be satisfactorily completed in accordance with such plans, the division shall certify the completion and capacity thereof to the county auditor. If the plans fail to meet the requirements of the division, the owner may submit revised plans, and when such revised plans have been approved and the dam rebuilt to conform to such plans, the completion of the dam and its capacity shall then be certified to the auditor who shall thereupon make such reduction in the assessed valuation of the contiguous land as such owner is entitled to receive under sections 1521.09 to 1521.12 of the Revised Code.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1521 | Division of Water Resources › Section 1521.14 | Action to Enforce National Flood Insurance Program Standards.

Effective:
January 1, 2016
Latest Legislation:
House Bill 64 - 131st General Assembly
Upon the written request of the director of natural resources, the attorney general shall bring an action for appropriate relief in a court of competent jurisdiction against any development that is not in compliance with the standards of the national flood insurance program and that is one of the following:
(A) Located in a county or municipal corporation that is not listed by the chief of the division of water resources as being in compliance under division (D)(1) of section 1521.18 of the Revised Code;
(B) Funded, financed, undertaken, or preempted by a state agency.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1521 | Division of Water Resources › Section 1521.15 | Water Resources Inventory - Long-Term Water Resources Plan for Lake Erie Drainage Basin.

Effective:
January 1, 2016
Latest Legislation:
House Bill 64 - 131st General Assembly
(A) The chief of the division of water resources shall develop and maintain, in cooperation with local, state, federal, and private agencies and entities, a water resources inventory for the collection, interpretation, storage, retrieval, exchange, and dissemination of information concerning the water resources of this state, including, but not limited to, information on the location, type, quantity, and use of those resources and the location, type, and quantity of consumptive use and diversion of the water resources. The water resources inventory also shall include, without limitation, information to assist in determining the reasonableness of water use and sharing under common law, promoting reasonable use and development of water resources, and resolving water use conflicts.
All agencies of the state shall cooperate with the chief in the development and maintenance of the inventory.
(B) The chief shall cooperate with the other great lakes states and provinces to develop a common base of data regarding the management of the water resources of the Lake Erie drainage basin and to establish systematic arrangements for the exchange of those data.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1521 | Division of Water Resources › Section 1521.17 | Determination of Reasonableness of Use of Water.

Effective:
July 18, 1990
Latest Legislation:
House Bill 476 - 118th General Assembly
(A) The general assembly hereby finds and declares that the determination of the reasonableness of a use of water depends upon a consideration of the interests of the person making the use, of any person harmed by the use, and of society as a whole.
(B) In accordance with section 858 of the Restatement (Second) of Torts of the American law institute, all of the following factors shall be considered, without limitation, in determining whether a particular use of water is reasonable:
(1) The purpose of the use;
(2) The suitability of the use to the watercourse, lake, or aquifer;
(3) The economic value of the use;
(4) The social value of the use;
(5) The extent and amount of the harm it causes;
(6) The practicality of avoiding the harm by adjusting the use or method of use of one person or the other;
(7) The practicality of adjusting the quantity of water used by each person;
(8) The protection of existing values of water uses, land, investments, and enterprises;
(9) The justice of requiring the user causing harm to bear the loss.
(C) In any determination of reasonable use of water under common law in which prior use is a factor, it shall be conclusive that one use is prior to another in the quantity claimed if the date of registration of one facility providing such use under section 1521.16 of the Revised Code is prior to that of another facility.
If a use of water in which prior use is a factor is by means of a facility having the capacity to withdraw one hundred thousand gallons or less of water per day and the facility is not registered under division (B) of that section, prior use shall be based on historic information and documentation provided by any person.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1521 | Division of Water Resources › Section 1521.20 | Duties of Director.

Effective:
January 1, 2016
Latest Legislation:
House Bill 64 - 131st General Assembly
(A) The director of natural resources shall do all of the following:
(1) Determine the amount of dredging that is needed in each inland lake in this state to improve access, water quality, safety, and other applicable standards;
(2) Develop a plan to meet the needs identified under division (A)(1) of this section. In doing so, the director shall make every effort to optimize the utilization of dredging resources to maximize the amount of sediment removal from any inland lake that serves a watershed in distress and that is subject to a lake facility authority created under Chapter 353. of the Revised Code.
(3) Increase the amount of time and resources expended on the dredging of inland lakes in order to meet the needs identified under division (A)(1) of this section and administer the plan developed under division (A)(2) of this section.
(B) The director may enter into contracts or agreements with other entities for the purposes of this section if doing so will assist in maximizing any of the dredging operations.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1521 | Division of Water Resources › Section 1521.21 | Rules.

Effective:
October 17, 2019
Latest Legislation:
House Bill 166 - 133rd General Assembly
(A) The chief of the division of water resources shall adopt, and may amend or rescind, rules in accordance with Chapter 119. of the Revised Code for the implementation, administration, and enforcement of sections 1521.21 to 1521.36 of the Revised Code.
(B) Sections 1521.21 to 1521.36 of the Revised Code do not affect common law riparian rights.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1521 | Division of Water Resources › Section 1521.231 | Consultation on Application for Major Increase in Withdrawal of Waters With Other Great Lakes States and Provinces and International Commission.

Effective:
October 17, 2019
Latest Legislation:
House Bill 166 - 133rd General Assembly
Whenever any person submits an application under section 1521.23 of the Revised Code to withdraw water from the Lake Erie drainage basin that would result in a new or increased consumptive use totaling more than five million gallons per day, the chief of the division of water resources shall notify the governors and premiers of the other great lakes states and provinces, the appropriate water management agencies of those states and provinces, and, when appropriate, the international joint commission and shall solicit their comments and concerns regarding the application. In the event of an objection to the proposed consumptive use, the chief shall consult with the affected great lakes states and provinces to consider the issues involved and seek mutually agreeable recommendations. Before rendering a decision on the permit application, the chief shall consider the concerns, comments, and recommendations of the other great lakes states and provinces and the international joint commission.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1521 | Division of Water Resources › Section 1521.24 | Form for Proposal to Withdraw Ground Water.

Effective:
October 17, 2019
Latest Legislation:
House Bill 166 - 133rd General Assembly
Along with an application for a permit submitted under section 1521.23 of the Revised Code, an applicant that proposes to withdraw ground water shall submit data in a form prescribed by the chief of the division of water resources that includes all of the following:
(A) A hydrologic map consisting of a single map using the most recent USGS 7.5 minute topographic maps at a scale of 1:24,000 as a base or other approved format that shows all of the information described in section 1521.25 of the Revised Code;
(B) A hydrogeologic description in sufficient detail to determine the cone of depression for the proposed withdrawal that includes all of the information described in section 1521.26 of the Revised Code;
(C) A steady state ground water model that defines the projected cone of depression for the proposed withdrawal that complies with section 1521.27 of the Revised Code;
(D) Alternative water supply information that includes an analysis of the availability and suitability of alternative water supply sources that will be utilized to fulfill the water supply replacement provisions of section 1521.35 of the Revised Code.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1521 | Division of Water Resources › Section 1521.25 | Notations on Hydrologic Map.

Effective:
October 17, 2019
Latest Legislation:
House Bill 166 - 133rd General Assembly
An applicant shall show all of the following on the hydrologic map required under division (A) of section 1521.24 of the Revised Code:
(A) The proposed withdrawal area;
(B) The hydrologic study area;
(C) A line delineating the location of the cross sections required under division (E) of section 1521.26 of the Revised Code;
(D) The location of and assigned identification number for the selected water supply wells identified in division (D) of section 1521.26 of the Revised Code and all other water sources used for domestic, agricultural, or industrial use within the proposed withdrawal area and hydrologic study area;
(E) The location of any well, well field, reservoir, river, and water source not identified under division (D) of this section on or within the hydrologic study area that is used for a public water supply and the location of any facility registered under section 1521.16 of the Revised Code on or within the hydrologic study area;
(F) Any additional information that the chief of the division of water resources may require based on site-specific conditions.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1521 | Division of Water Resources › Section 1521.27 | Steady State Ground Water Model.

Effective:
October 17, 2019
Latest Legislation:
House Bill 166 - 133rd General Assembly
(A) An applicant shall ensure that both of the following apply to the steady state ground water model required under division (C) of section 1521.24 of the Revised Code:
(1) It accurately reflects the ground water flow conditions associated with the hydrologic study area and is consistent with American society for testing and materials international standards.
(2) It is in the form of a three-dimensional ground water flow model utilizing finite difference modeling software or other modeling software acceptable to the chief of the division of water resources.
(B) The applicant shall submit the model results in a format prescribed by the chief. The applicant shall include detailed explanations of the hydrologic and geologic parameters used to construct the model, including all of the following:
(1) The saturated thickness of each aquifer;
(2) The elevation of the static water level or potentiometric surface of each aquifer;
(3) Whether each aquifer is confined or unconfined;
(4) The pumping water level elevation at steady state conditions.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1521 | Division of Water Resources › Section 1521.28 | Establishment of Geographic Area.

Effective:
October 17, 2019
Latest Legislation:
House Bill 166 - 133rd General Assembly
The chief of the division of water resources shall use the data submitted under sections 1521.24 to 1521.27 of the Revised Code to establish the geographic area defined by the ten-foot contour line of the projected cone of depression for any approved application for the withdrawal of ground water. However, the chief may designate a different contour line based upon water resource availability, seasonal variations, other water users in the hydrologic study area, or other ground water data available.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1521 | Division of Water Resources › Section 1521.30 | Annual Report.

Effective:
October 17, 2019
Latest Legislation:
House Bill 166 - 133rd General Assembly
(A) With regard to a permit issued under section 1521.29 of the Revised Code, the permittee shall submit to the chief of the division of water resources an annual report containing any information as the chief shall require by rule.
(B) If the facility for which a permit has been issued under section 1521.29 of the Revised Code withdraws ground water, the chief may require the continued monitoring and reporting of water levels in each aquifer via existing wells or new monitoring wells drilled by the permittee.
(C) With regard to a permit issued under section 1521.29 of the Revised Code, the permittee, at least once every five years, shall certify to the chief that the facility for which the permit has been issued is in compliance with the permit.
(D) The chief shall adopt rules for the transfer of permits issued under section 1521.29 of the Revised Code. The chief may allow a permit to be transferred on the condition that the quantity of water withdrawn not be increased and that the purposes of the withdrawal not be changed.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1521 | Division of Water Resources › Section 1521.31 | Submission of Revised Ground Water Model.

Effective:
October 17, 2019
Latest Legislation:
House Bill 166 - 133rd General Assembly
(A) The chief of the division of water resources may require a permittee that has been issued a permit under section 1521.29 of the Revised Code to decrease its withdrawal and submit a revised ground water model under section 1521.27 of the Revised Code if either of the following applies:
(1) The permittee's reported ground water monitoring data conflicts with the permittee's ground water model.
(2) The results of the division of water resources' investigation of any written complaint under section 1521.36 of the Revised Code indicate that the permittee's withdrawal caused the diminution or interruption of a person's water supply.
(B) If so required under division (A) of this section, the permittee shall submit the revised ground water modeling using additional data that reflects the permittee's impact on ground water. Based upon the revised ground water modeling and additional data, the chief may amend the permit to decrease the withdrawal or establish a revised projected cone of depression.
(C) A permittee may request the chief to amend a permit issued under section 1521.29 of the Revised Code when another ground water user affects or has the potential to affect the projected cone of depression. The permittee shall submit with the request a revised ground water model using additional data that reflects the other ground water user's impact on ground water. Based on the revised ground water model and additional data, the chief may establish a revised projected cone of depression and amend the permit accordingly.