reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1514 | Other Surface Mining › Section 1514.09 | Representation on Commission for Appeals.

Effective:
April 6, 2007
Latest Legislation:
House Bill 443 - 126th General Assembly
The reclamation commission established pursuant to section 1513.05 of the Revised Code shall serve as the reclamation commission pursuant to this chapter. However, whenever the commission is considering any appeal pertaining to surface or in-stream mining, as distinguished from coal strip mining, the member representing the coal strip mine operators shall be replaced by a person who, by reason of the person's previous vocation, employment, or affiliations, can be classed as a representative of surface or in-stream mine operators, as applicable. The appointment of that person shall be made in accordance with section 1513.05 of the Revised Code, and the person's term shall be concurrent with that of the representative of the coal strip mine operators.
No party to an appeal brought under this section shall be eligible for an award of attorney's fees, costs, or expenses from the commission or any court.
Notwithstanding section 1513.13 of the Revised Code, an operator may appeal the determination of the chief of the division of mineral resources management that is made under division (D) of section 1514.43 of the Revised Code within ten days after the operator receives a copy of the determination.
Notwithstanding section 1513.14 of the Revised Code, appeals from an order of the commission pertaining to surface or in-stream mining may be taken to the court of common pleas of the county in which the operation is located, or to the court of common pleas of Franklin county.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1514 | Other Surface Mining › Section 1514.11 | Use of Moneys in Mining Regulation and Safety Fund.

Effective:
September 29, 2017
Latest Legislation:
House Bill 49 - 132nd General Assembly
In addition to the purposes otherwise authorized by law, the chief of the division of mineral resources management may use money in the mining regulation and safety fund created under section 1513.30 of the Revised Code for the administration and enforcement of this chapter, for the reclamation of land affected by surface or in-stream mining under a permit issued under this chapter that the operator failed to reclaim and for which the performance bond filed by the operator is insufficient to complete the reclamation, and for the reclamation of land affected by surface or in-stream mining that was abandoned and left unreclaimed and for which no permit was issued or bond filed under this chapter. Also, the chief may use the portion of the mining regulation and safety fund that consists of money collected from the severance taxes levied under section 5749.02 of the Revised Code for mine safety and first aid training. For purposes of reclamation under this section, the chief shall expend money in the fund in accordance with the procedures and requirements established in section 1514.06 of the Revised Code and may enter into contracts and perform work in accordance with that section.
Fees collected under sections 1514.02 and 1514.03 of the Revised Code and money collected from the severance taxes levied under section 5749.02 of the Revised Code shall be credited to the fund in accordance with those sections. Notwithstanding any section of the Revised Code relating to the distribution or crediting of fines for violations of the Revised Code, all fines imposed under section 1514.99 of the Revised Code shall be credited to the fund.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1514 | Other Surface Mining › Section 1514.12 | Use of Explosives.

Effective:
December 29, 2023
Latest Legislation:
Senate Bill 131 - 134th General Assembly
(A) Explosives shall be used in a manner that prevents injury to persons and damage to public or private property that is located outside the area for which a permit was issued under section 1514.02 or 1514.021 of the Revised Code.
(B) The ground vibration resulting from the use of explosives when measured at any dwelling, public or commercial building, school, church, or community or institutional building that is located outside the area for which a permit was issued under section 1514.02 or 1514.021 of the Revised Code and that is not owned by the operator shall not exceed the frequency-dependent particle velocity limits listed in the "report of investigations 8507, appendix B -- alternative blasting level criteria, (1980)," published by the former United States bureau of mines, or other limits established by rule.
(C) The airblast resulting from the use of explosives when measured with a two hertz high-pass system at any location listed in division (B) of this section shall not exceed a level of one hundred thirty-three decibels.
(D) On and after July 1, 2003, all blasting in surface mining shall be conducted by persons who are trained and competent in blasting as certified by the chief of the division of mineral resources management or a certifying authority approved by the chief.
(E) Except as provided in division (G) of this section, the chief shall adopt, and may amend and rescind, rules in accordance with Chapter 119. of the Revised Code establishing requirements and standards governing all of the following:
(1) Seismographic monitoring and alternate methods to prove compliance with the ground vibration limits established under division (B) of this section and the airblast limits established under division (C) of this section;
(2) Protection of any building or structure not listed in division (B) of this section;
(3) Training, examination, and certification of persons conducting blasting in surface mining and suspension or revocation of certifications;
(4) Standard blast warning and all-clear signals;
(5) Blasting records and flyrock reporting requirements;
(6) Safety measures for blasting in surface mining.
(F) The chief may adopt rules under this section that establish limits on the amount of ground vibration resulting from the use of explosives that is permissible when measured at the locations described in division (B) of this section.
(G) The chief shall issue a certificate to conduct blasting in surface mining in accordance with Chapter 4796. of the Revised Code to any person if either of the following applies:
(1) The person holds a license or certificate in another state.
(2) The person has satisfactory work experience, a government certification, or a private certification as described in that chapter as a surface mining blaster in a state that does not issue that license or certificate.
Last updated December 29, 2023 at 7:23 AM
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1514 | Other Surface Mining › Section 1514.301 | Identifying State Agency for Whose Benefit Real Property Is Acquired.

Effective:
October 26, 1999
Latest Legislation:
House Bill 19 - 123rd General Assembly
Any instrument by which real property is acquired pursuant to section 1514.30 of the Revised Code shall identify any 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 1514 | Other Surface Mining › Section 1514.32 | Copies of Bylaws and Amendments Filed With Secretary of State.

Effective:
April 4, 1978
Latest Legislation:
Senate Bill 69 - 112th General Assembly
As provided by division (I) of Article V of the interstate mining compact, the interstate mining commission shall file copies of its bylaws and any amendments thereto with the secretary of state.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1514 | Other Surface Mining › Section 1514.40 | Adoption of Safety Rules.

Effective:
September 29, 2015
Latest Legislation:
House Bill 64 - 131st General Assembly
In accordance with Chapter 119. of the Revised Code, the chief of the division of mineral resources management, in consultation with a statewide association that represents the surface mining industry, shall adopt rules that do all of the following:
(A) For the purpose of establishing safety standards governing surface mining operations, incorporate by reference 30 C.F.R. parts 46, 47, 50, 56, 58, and 62, as amended;
(B) Establish criteria, standards, and procedures governing safety performance evaluations conducted under section 1514.45 of the Revised Code, including requirements for the notification of operators and the identification of authorized representatives of miners at surface mining operations for purposes of inspections conducted under sections 1514.41 to 1514.47 of the Revised Code;
(C) Establish requirements governing the reporting and investigation of accidents at surface mining operations. In adopting the rules, the chief shall establish requirements that minimize duplication with any reporting and investigations of accidents that are conducted by the mine safety and health administration in the United States department of labor.
(D) Establish the time, place, and frequency of mine safety training conducted under section 1514.06 of the Revised Code and a fee, if any, for the purpose of that section. The amount of the fee shall not exceed the costs of conducting the training that is required under that section.
(E) Establish the minimum qualifications necessary to take the examination that is required for certification of certified mine forepersons under division (B) of section 1514.47 of the Revised Code and requirements, fees, and procedures governing the taking of the examination;
(F) Establish requirements and fees governing the reissuance of certificates under division (C) of that section;
(G) Establish requirements and procedures for the approval of training plans submitted under division (D) of that section for the use of qualified persons to conduct examinations of surface mining operations in lieu of certified mine forepersons and minimum qualifications of those persons. The rules shall include requirements governing training frequency and curriculum that must be provided for qualified persons under such plans and shall establish related reporting and record keeping requirements.
As used in sections 1514.41 to 1514.47 of the Revised Code, "rule" means a rule adopted under this section unless the context indicates otherwise.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1514 | Other Surface Mining › Section 1514.41 | Inspections by the Chief.

Effective:
September 29, 2017
Latest Legislation:
House Bill 49 - 132nd General Assembly
(A) If a surface mining operation is not inspected by the mine safety and health administration in the United States department of labor, the chief of the division of mineral resources management annually shall conduct a minimum of two inspections of the operation.
(B) If a surface mining operation is identified through a safety performance evaluation as having three or more violations per day during an inspection conducted by the mine safety and health administration in the United States department of labor, the chief shall conduct a minimum of two inspections of the operation for one year following the identification. However, the chief, in consultation with a statewide organization representing the industrial minerals surface mining organization, may adopt rules, in accordance with Chapter 119. of the Revised Code, establishing exceptions to the safety inspection requirement under this division.
(C) If a fatality of a miner occurs at a surface mining operation as a result of an unsafe condition or a practice at the operation, the chief shall conduct a minimum of one inspection every three months at the operation for two years following the fatality.
(D) If a life-threatening injury of a miner occurs at a surface mining operation as a result of an unsafe condition or a practice at the operation, the chief shall conduct a minimum of one inspection every three months at the operation for one year following the injury.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1514 | Other Surface Mining › Section 1514.42 | Safety Audit Where Mine Safety Training Requested.

Effective:
September 29, 2015
Latest Legislation:
House Bill 64 - 131st General Assembly
The chief of the division of mineral resources management may conduct one safety audit at a surface mining operation annually if the operator of the operation has requested the division of mineral resources management to conduct mine safety training for that year. The safety audit shall be scheduled at a time to which the chief and the operator mutually agree and shall not continue more than one day. The chief shall conduct additional safety audits at any surface mining operation if requested by the operator of the operation. If the chief conducts a safety audit, the operator shall ensure that the chief has a copy of the training plan that is required by 30 C.F.R. part 46, as amended, at the time of the audit.
After completion of an audit, the chief shall prepare a report that describes the general conditions of the surface mining operation, lists any hazardous conditions at the operation, lists any violations of the safety standards established in rules, and describes the nature and extent of any hazardous condition or violation found and the corresponding remedy for each hazardous condition or violation. The chief shall provide two copies of the report to the operator of the operation. The operator shall post one copy of the report at the operation for review by the employees of the operation.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1514 | Other Surface Mining › Section 1514.43 | Enforcement of Rule-Based Safety Standards.

Effective:
April 6, 2007
Latest Legislation:
House Bill 443 - 126th General Assembly
(A) The chief of the division of mineral resources management shall enforce the safety standards established in rules when conducting inspections under section 1514.41 of the Revised Code.
(B) Except as otherwise provided in section 1514.44 of the Revised Code or pursuant to a safety audit conducted under section 1514.42 of the Revised Code, if during an inspection the chief finds a violation of a safety standard, the chief shall require the operator to comply with the standard that is being violated within a reasonable period of time. If the chief finds a violation of a safety standard, the chief shall return to the surface mining operation after a reasonable period of time to determine if the operator has complied with the standard that was being violated. If the operator has failed to comply with the standard, the chief shall take appropriate action to obtain compliance if necessary.
(C) Except as otherwise provided in section 1514.44 of the Revised Code or pursuant to a safety audit conducted under section 1514.42 of the Revised Code, after completion of an inspection of a surface mining operation, the chief shall prepare a report that describes the general conditions of the surface mining operation, lists any hazardous conditions at the operation, lists any violations of the safety standards established in rules, and describes the nature and extent of any hazardous condition or violation found and the corresponding remedy for each hazardous condition or violation. The chief shall provide two copies of the report to the operator of the operation. The operator shall post one copy of the report at the operation for review by the employees of the operation.
(D) Except pursuant to a safety audit conducted under section 1514.42 of the Revised Code, not later than ten days after receipt of a report under this section, the operator may submit a written request to the chief for a meeting with the chief to review the findings contained in the report. Upon receipt of a request, the chief shall review the report and schedule a meeting with the operator. Within a reasonable period of time after the meeting, the chief shall make a written determination concerning the findings contained in the report and provide one copy of the determination to the operator of the surface mining operation and one copy of the determination to an authorized representative of the miners at the operation. If the chief makes a determination that affirms the findings contained in the report, the chief's determination constitutes an order for purposes of this chapter and rules adopted under it.
(E) An operator shall not appeal the contents of a report prepared under division (C) of this section. However, an operator may appeal a determination of the chief made under division (D) of this section.
(F) No operator shall violate or fail to comply with an order issued pursuant to this section.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1514 | Other Surface Mining › Section 1514.44 | Order to Abate Dangerous Condition or Practice.

Effective:
April 6, 2007
Latest Legislation:
House Bill 443 - 126th General Assembly
If during an inspection conducted under section 1514.41 of the Revised Code or a safety audit conducted under section 1514.42 of the Revised Code, the chief of the division of mineral resources management finds a condition or practice at a surface mining operation that could reasonably be expected to cause the death of or imminent serious physical harm to an employee of the operation, the chief immediately shall issue orders to safeguard the employees, notify the operator of the condition or practice, and require the operator to abate the condition or practice within a reasonable period of time. In all such situations, the chief may require the operation to cease in the area in which the condition or practice is occurring or may require the entire operation to cease, if necessary, until the condition or practice that could reasonably be expected to cause death or serious physical harm is eliminated.
The chief shall complete a report that describes the condition or practice and the action taken to eliminate it. The chief shall provide two copies of the report to the operator of the operation. The operator shall post one copy of the report at the operation for review by the employees of the operation.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1514 | Other Surface Mining › Section 1514.45 | Annual Safety Performance Evaluation.

Effective:
April 6, 2007
Latest Legislation:
House Bill 443 - 126th General Assembly
The chief of the division of mineral resources management annually shall conduct a safety performance evaluation of all surface mining operations in the state in accordance with rules. The operator of a surface mining operation shall provide to the chief a copy of the notification of legal identity required under 30 C.F.R. part 41, as amended, at the same time that the notice is filed with the mine safety and health administration in the United States department of labor.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1514 | Other Surface Mining › Section 1514.46 | Mine Safety Training at Request of Operator.

Effective:
September 29, 2017
Latest Legislation:
House Bill 49 - 132nd General Assembly
If the operator of a surface mining operation requests the division of mineral resources management to conduct mine safety training, the chief of the division of mineral resources management shall conduct mine safety training for the employees of that operator. For persons who are not employed by a holder of a surface mining permit issued under this chapter and who seek the training, the chief may charge a fee in an amount established in rules for conducting it. The safety training shall be conducted in accordance with rules and shall emphasize the standards adopted in rules and include any other content that the chief determines is beneficial. Any fees collected under this section shall be deposited in the state treasury to the credit of the mining regulation and safety fund created in section 1513.30 of the Revised Code.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1514 | Other Surface Mining › Section 1514.50 | Right of Entry to Perform Inspections or Reclamation.

Effective:
April 6, 2007
Latest Legislation:
House Bill 443 - 126th General Assembly
(A) The chief of the division of mineral resources management or an authorized employee of the division of mineral resources management may enter on lands to make inspections in accordance with this chapter and rules adopted under it when necessary in the discharge of the duties specified in this chapter and the rules. No person shall prevent or hinder the chief or an authorized employee of the division in the performance of those duties.
(B) For purposes of performing reclamation of land affected by surface mining operations on which the holder of a permit issued under this chapter has defaulted or otherwise failed to timely conduct the reclamation required by section 1514.05 of the Revised Code, the chief may enter on the land and perform reclamation that the chief determines is necessary to protect public health or safety or the environment. In order to perform the reclamation, the chief may enter on adjoining land or other land that is necessary to access the land on which the surface mining occurred and on which the reclamation is to be performed. The chief shall provide reasonable advance notice to the owner of any land to be entered for the purpose of access for reclamation under this chapter. The division shall return the land that was used to access the former surface mining operation to the same or an improved grade, topography, and condition that existed prior to its use by the division.
(C) When conducting investigations pursuant to section 1514.13 of the Revised Code, the chief or an authorized employee of the division may enter on lands to conduct water supply surveys, measure ground water levels and collect data when necessary to define the cone of depression, or perform other duties for the purposes of that section.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1514 | Other Surface Mining › Section 1514.99 | Penalty.

Effective:
April 6, 2007
Latest Legislation:
House Bill 443 - 126th General Assembly
(A) Whoever violates division (A)(1) or (2) of section 1514.10 of the Revised Code may be fined not more than five thousand dollars plus not more than one thousand dollars per acre of land affected, and is responsible for achieving reclamation of the land as required pursuant to this chapter.
(B) Whoever violates division (B) of section 1514.10 of the Revised Code may be fined not more than one thousand dollars per acre of land affected that is not under permit, and is responsible for achieving reclamation of the land as required pursuant to this chapter.
(C) Whoever violates division (C) of section 1514.10 of the Revised Code may be fined not less than one hundred nor more than one thousand dollars, or imprisoned not more than six months, or both.
(D) Whoever violates division (D), (E), (F), or (G) of section 1514.10 of the Revised Code may be fined not less than one hundred nor more than one thousand dollars for a first offense. For each subsequent offense, on one or more permits held by such persons, such person may be fined not less than two hundred nor more than five thousand dollars, or imprisoned not more than six months, or both. The permit of any person convicted of a third offense may be revoked by the court at the time of that conviction, and the court at that time may further order that no permit or amendment to a permit may be issued to that person under this chapter for a period of five years from the date of the conviction. Nothing contained in this section shall be construed to limit or affect the authority of the chief of the division of mineral resources management granted by this chapter.
(E) Whoever violates an order of the chief of the division of mineral resources management issued under this chapter is guilty of a minor misdemeanor.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1517 | Division of Natural Areas and Preserves › Section 1517.01 | Division of Natural Areas and Preserves Definitions.

Effective:
August 31, 1970
Latest Legislation:
Senate Bill 113 - 108th General Assembly
As used in Chapter 1517. of the Revised Code:
(A) "Natural area" means an area of land or water which either retains to some degree or has re-established its natural character, although it need not be completely undisturbed, or has unusual flora, fauna, geological, archeological, scenic, or similar features of scientific or educational interest.
(B) "Nature preserve" means an area which is formally dedicated under section 1517.05 of the Revised Code.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1517 | Division of Natural Areas and Preserves › Section 1517.02 | Chief of Division - Powers and Duties.

Effective:
September 29, 2011
Latest Legislation:
House Bill 153 - 129th General Assembly
There is hereby created in the department of natural resources the division of natural areas and preserves, which shall be administered by the chief of the division of natural areas and preserves. The chief shall take an oath of office and shall file in the office of the secretary of state a bond signed by the chief and by a surety approved by the governor for a sum fixed pursuant to section 121.11 of the Revised Code.
The chief shall administer a system of nature preserves. The chief shall establish a system of nature preserves through acquisition and dedication of natural areas of state or national significance, which shall include, but not be limited to, areas that represent characteristic examples of Ohio's natural landscape types and its natural vegetation and geological history. The chief shall encourage landowners to dedicate areas of unusual significance as nature preserves, and shall establish and maintain a registry of natural areas of unusual significance.
The chief may participate in watershed planning activities with other states or federal agencies.
The chief shall do the following:
(A) Formulate policies and plans for the acquisition, use, management, and protection of nature preserves;
(B) Formulate policies for the selection of areas suitable for registration;
(C) Formulate policies for the dedication of areas as nature preserves;
(D) Prepare and maintain surveys and inventories of natural areas, rare and endangered species of plants and animals, and other unique natural features. The information shall be entered in the Ohio natural heritage database, established under section 1531.04 of the Revised Code.
(E) Adopt rules for the use, visitation, and protection of nature preserves and natural areas owned or managed through easement, license, or lease by the department and administered by the division in accordance with Chapter 119. of the Revised Code;
(F) Provide facilities and improvements within the state system of nature preserves that are necessary for their visitation, use, restoration, and protection and do not impair their natural character;
(G) Provide interpretive programs and publish and disseminate information pertaining to nature preserves and natural areas for their visitation and use;
(H) Conduct and grant permits to qualified persons for the conduct of scientific research and investigations within nature preserves;
(I) Establish an appropriate system for marking nature preserves;
(J) Publish and submit to the governor and the general assembly a biennial report of the status and condition of each nature preserve, activities conducted within each preserve, and plans and recommendations for natural area preservation.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1517 | Division of Natural Areas and Preserves › Section 1517.021 | Prohibition.

Effective:
March 23, 1973
Latest Legislation:
Senate Bill 463 - 109th General Assembly
No person shall violate any rule adopted pursuant to division (E) of section 1517.02 of the Revised Code.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1517 | Division of Natural Areas and Preserves › Section 1517.051 | Prohibited Acts.

Effective:
March 23, 1973
Latest Legislation:
Senate Bill 463 - 109th General Assembly
No person shall violate any terms or conditions of the articles of dedication of a nature preserve accepted by the director and filed with the county recorder. The director may order any person to cease and desist from any such violation. No person shall violate any such order.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1517 | Division of Natural Areas and Preserves › Section 1517.06 | Nature Preserves to Be Held in Trust.

Effective:
June 6, 2003
Latest Legislation:
House Bill 94 - 124th General Assembly
Nature preserves dedicated under section 1517.05 of the Revised Code are to be held in trust, for the uses and purposes set forth in that section, for the benefit of the people of the state of present and future generations. They shall be managed and protected in the manner approved by and subject to rules established by the chief of the division of natural areas and preserves. They shall not be taken for any other use except another public use after a finding by the department of natural resources of the existence of an imperative and unavoidable public necessity for such other public use and with the approval of the governor. Except as may otherwise be provided in the articles of dedication, the department may grant, upon such terms and conditions as it may determine, an estate, interest, or right in, or dispose of, a nature preserve, but only after a finding by the department of the existence of an imperative and unavoidable public necessity for the grant or disposition and with the approval of the governor.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1517 | Division of Natural Areas and Preserves › Section 1517.07 | Notice of Proposed Action - Public Hearing.

Effective:
June 6, 2003
Latest Legislation:
House Bill 94 - 124th General Assembly
Before the department of natural resources makes any finding of the existence of an imperative and unavoidable public necessity, or grants any estate, interest, or right in a nature preserve or disposes of a nature preserve or of any estate, interest, or right therein as provided in section 1517.06 of the Revised Code, it shall give notice of the proposed action and an opportunity for any person to be heard at a public hearing in the county in which the preserve is located. In the event the preserve is located in more than one county, the public hearing shall be held in the most populous county. The notice shall be published at least once in a newspaper with a general circulation in the county in which the nature preserve is located. The notice shall set forth the substance of the proposed action and describe, with or without legal description, the nature preserve affected, and shall specify a place and time not less than thirty days after the publication for a public hearing before the department on the proposed action. All persons desiring to be heard shall have a reasonable opportunity to be heard prior to action by the department on the proposal.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1517 | Division of Natural Areas and Preserves › Section 1517.08 | Dedication of Natural Areas.

Effective:
August 31, 1970
Latest Legislation:
Senate Bill 113 - 108th General Assembly
All departments, agencies, units, instrumentalities, and political subdivisions of the state, including, counties, townships, municipal corporations, park districts, conservancy districts, universities, colleges, and school districts, may dedicate natural areas under their jurisdiction in accordance with section 1517.05 of the Revised Code.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1517 | Division of Natural Areas and Preserves › Section 1517.09 | Construction of Chapter.

Effective:
September 1, 1976
Latest Legislation:
House Bill 972 - 111th General Assembly
Nothing contained in this chapter shall be construed as interfering with the purposes stated in the establishment of or pertaining to any state or local park, forest, preserve, wildlife refuge or other area or the proper management and development thereof, except that any agency administering an area dedicated as a nature preserve under section 1517.05 of the Revised Code shall be responsible for preserving the character of the area in accordance with the articles of dedication and the applicable rules with respect thereto established by the chief of the division of natural areas and preserves. Neither the dedication of an area as a nature preserve nor any action taken by the department under any of the provisions of this chapter shall void or replace any protective status under law which the area would have were it not a nature preserve and the protective provisions of this chapter shall be supplemental thereto.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1517 | Division of Natural Areas and Preserves › Section 1517.11 | Natural Areas and Preserves Fund - Use of Funds.

Effective:
July 17, 2009
Latest Legislation:
House Bill 1 - 128th General Assembly
There is hereby created in the state treasury the natural areas and preserves fund, which shall consist of moneys transferred into it under section 5747.113 of the Revised Code and of contributions made directly to it. Any person may contribute directly to the fund in addition to or independently of the income tax refund contribution system established in that section.
Moneys in the fund shall be disbursed pursuant to vouchers approved by the director of natural resources for use by the division of natural areas and preserves solely for the following purposes:
(A) The acquisition of new or expanded natural areas and nature preserves;
(B) Facility development in natural areas and nature preserves;
(C) Special projects, including, but not limited to, biological inventories, research grants, and the production of interpretive material related to natural areas and nature preserves;
(D) Routine maintenance for health and safety purposes.
Moneys appropriated from the fund shall not be used to fund salaries of permanent employees or administrative costs.
All investment earnings of the fund shall be credited to the fund.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1517 | Division of Natural Areas and Preserves › Section 1517.12 | Lake Katharine Management Trust Fund.

Effective:
February 11, 1988
Latest Legislation:
House Bill 514 - 117th General Assembly
There is hereby created the lake Katharine management trust fund, which shall be administered by the division of natural areas and preserves in the department of natural resources for preservation, management, land acquisition, and educational programs at the lake Katharine nature preserve. The moneys in the fund shall be derived from gifts, donations, bequests, and other moneys for the purposes for which the fund is created. The treasurer of state shall be the custodian of the fund, which shall not be a part of the state treasury. The principal in the fund shall not be expended. Only earnings from investments shall be expended for the purposes for which the fund is created. All disbursements from the fund shall be paid by the treasurer of state upon requisitions signed by the director of natural resources or his designee.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1517 | Division of Natural Areas and Preserves › Section 1517.13 | Lake Katharine Management Fund.

Effective:
February 11, 1988
Latest Legislation:
House Bill 514 - 117th General Assembly
There is hereby created in the state treasury the lake Katharine management fund. All investment earnings of the lake Katharine management trust fund created in section 1517.12 of the Revised Code shall be credited to the fund created in this section and disbursed pursuant to vouchers approved by the director of natural resources for use by the division of natural areas and preserves in the department of natural resources solely for preservation, management, land acquisition, and educational programs at the lake Katharine nature preserve.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1517 | Division of Natural Areas and Preserves › Section 1517.21 | Cave Definitions.

Effective:
March 22, 1989
Latest Legislation:
Senate Bill 177 - 117th General Assembly
As used in sections 1517.21 to 1517.26 of the Revised Code:
(A) "Cave" means a naturally occurring void, cavity, recess, or system of interconnecting passages beneath the surface of the earth or within a cliff or ledge, including, without limitation, a grotto, rock shelter, sinkhole, cavern, pit, natural well, pothole, or subsurface water and drainage system.
(B) "Cave life" means any organism that naturally occurs in, uses, visits, or inhabits any cave, except those animals that are permitted to be taken under Chapter 1533. of the Revised Code.
(C) "Material" includes:
(1) Any speleothem, whether attached or broken, found in a cave;
(2) Any clay or mud formation or concretion or sedimentary deposit found in a cave;
(3) Any scallop, rill, or other corrosional or corrasional feature of a cave;
(4) Any wall or ceiling of a cave or any other part of the speleogen.
(D) "Owner" means any person having title to land in which a cave is located.
(E) "Speleothem" means any stalactite, stalagmite, or other natural mineral formation or deposit occurring in a cave.
(F) "Speleogen" means the surrounding material or bedrock in which a cave is formed, including walls, floors, ceilings, and similar related structural and geological components.
(G) "Sinkhole" means a closed topographic depression or basin generally draining underground, including, without limitation, a blind valley, swallowhole, or sink.
(H) "Hazard" means a risk of serious physical harm to persons or property.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1517 | Division of Natural Areas and Preserves › Section 1517.22 | Protection of Cave Resources.

Effective:
March 22, 1989
Latest Legislation:
Senate Bill 177 - 117th General Assembly
The general assembly hereby finds that caves are uncommon geologic phenomena and that the minerals deposited in them may be rare and occur in unique forms of great beauty that are irreplaceable if destroyed. Also irreplaceable are the archeological resources in caves, which are of great scientific and historic value. It is further found that species of cave life are unusual and of limited numbers; that many are rare, threatened, or endangered species; and that caves are a natural conduit for groundwater flow and are highly subject to water pollution, thus having far-reaching effects transcending man's property boundaries. It is therefore declared to be the policy of the general assembly to protect these unique and great natural, historical, scientific, and cultural resources.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1517 | Division of Natural Areas and Preserves › Section 1517.23 | Chief of Division - Duties.

Effective:
December 19, 2016
Latest Legislation:
House Bill 471 - 131st General Assembly
The chief of the division of natural areas and preserves shall do both of the following:
(A) Formulate policies and plans and establish a program incorporating them for the identification and protection of the state's cave resources and adopt, amend, or rescind rules in accordance with Chapter 119. of the Revised Code to implement that program;
(B) Provide technical assistance and management advice to owners upon request concerning the protection of caves on their land.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1517 | Division of Natural Areas and Preserves › Section 1517.24 | Prohibited Acts.

Effective:
March 22, 1989
Latest Legislation:
Senate Bill 177 - 117th General Assembly
(A) Without the express written permission of the owner and, if the owner has leased the land, without the express written permission of the lessee, no person shall knowingly:
(1) Break, break off, crack, carve on, write on, mark on, burn, remove, or in any other manner destroy, deface, mark, or disturb the surfaces of any cave or any natural material found in any cave, whether attached or broken, including, without limitation, speleothems, speleogens, and sedimentary deposits;
(2) Break, force, tamper with, or otherwise disturb any lock, door, gate, or other device designed to limit control, or prevent access to or entry into a cave;
(3) Remove, deface, or tamper with any posted sign giving notice against unauthorized access to or presence in a cave or citing any of the provisions of sections 1517.21 to 1517.26 or division (B) of section 1517.99 of the Revised Code;
(4) Place refuse, garbage, dead animals, sewage, or toxic substances harmful to cave life or humans in a cave;
(5) Burn within a cave any substance other than acetylene gas burned in a carbide lamp that produces smoke or gas that is harmful to cave life;
(6) Use any door, gate, or other device designed to limit, control, or prevent access to or entry into a cave that does not allow free and unimpeded passage of air, water, and cave life;
(7) Excavate or remove historic or prehistoric ruins, burial grounds, or archaeological or paleontological sites found in a cave, including, without limitation, saltpeter workings, relics, inscriptions, fossilized footprints, and bones;
(8) Remove, kill, harm, or disturb any cave life found within a cave.
(B) Without the express written permission of the owner and, if the owner has leased the land, without the express written permission of the lessee, no person shall purposely destroy, injure, or deface historic or prehistoric ruins, burial grounds, or archaeological or paleontological sites found in a cave, including, without limitation, saltpeter workings, relics, inscriptions, fossilized footprints, and bones.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1517 | Division of Natural Areas and Preserves › Section 1517.25 | Sale of Speleothems Collected From Caves Prohibited.

Effective:
March 22, 1989
Latest Legislation:
Senate Bill 177 - 117th General Assembly
No person shall sell or offer for sale speleothems collected from caves in this state.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1517 | Division of Natural Areas and Preserves › Section 1517.26 | Immunity.

Effective:
March 22, 1989
Latest Legislation:
Senate Bill 177 - 117th General Assembly
(A) Owners and, if the owner has leased the land, the lessee, are not liable for injuries, death, or loss sustained by any permittee on their land if no charge has been made. By granting permission for entry, the owner or lessee does not:
(1) Extend to the permittee any assurance that the premises are safe for such purposes;
(2) Confer on the permittee the legal status of an invitee or licensee to whom a duty of care is owed;
(3) Assume responsibility for or incur liability for any injury, death, or loss to person or property caused by an act or omission of a permittee.
(B) This section does not limit the liability which otherwise exists for injury, death, or loss to persons or property caused by an act or omission of the owner or lessee as follows:
(1) Negligent failure to warn the permittee against a hazard of which the owner or lessee had actual knowledge prior to the permittee's entry on the land;
(2) Willful or wanton misconduct;
(3) Intentionally tortious conduct.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1517 | Division of Natural Areas and Preserves › Section 1517.99 | Penalty.

Effective:
March 18, 1999
Latest Legislation:
Senate Bill 187 - 122nd General Assembly
(A)(1) Except as provided in division (A)(2) of this section, whoever violates section 1517.021 of the Revised Code is guilty of a minor misdemeanor.
(2) Whoever violates section 1517.021 of the Revised Code with regard to a species of plant identified in a rule adopted under or included on a list prepared under section 1518.01 of the Revised Code is guilty of a misdemeanor of the third degree for a first offense. For each subsequent offense, the person is guilty of a misdemeanor of the second degree.
(B) Whoever violates division (A) of section 1517.24 or section 1517.25 of the Revised Code is guilty of a misdemeanor of the third degree.
(C) Whoever violates division (B) of section 1517.24 of the Revised Code is guilty of a misdemeanor of the second degree.
(D) Whoever violates section 1517.051 of the Revised Code is guilty of a misdemeanor of the first degree.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1518 | Endangered Species › Section 1518.01 | Rules for Identifying and Designating Plants Native to Ohio Which Are Endangered.

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 rescind rules, in accordance with Chapter 119. of the Revised Code, setting forth criteria for identifying and designating species of plants native to this state that are in danger of extirpation or are threatened with becoming endangered. The chief shall adopt and may amend or rescind rules, in accordance with Chapter 119. of the Revised Code, setting forth a list of the plants that the chief determines to be endangered or threatened with extirpation from this state, applying the criteria so developed. This list shall identify the common and scientific names of each species. The list shall include all species native to this state that are listed on the "United States list of endangered and threatened wildlife and plants" pursuant to the "Endangered Species Act of 1973," 87 Stat. 884, 16 U.S.C. 1531-1543, as amended. Further, the chief may produce for public education purposes lists of plant species which shall include the names of species of plants that may become threatened in the future through habitat loss, commercial exploitation, or other means.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1518 | Endangered Species › Section 1518.02 | Injuring or Removing Endangered or Threatened Plant.

Effective:
August 23, 1978
Latest Legislation:
House Bill 908 - 112th General Assembly
No person shall willfully root up, injure, destroy, remove, or carry away on or from public highways, public property, or waters of the state, or on or from the property of another, without the written permission of the owner, lessee, or other person entitled to possession, any endangered or threatened plant listed by rule adopted under section 1518.01 of the Revised Code.