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2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6135 | Interstate County Ditches › Section 6135.02 | Notice of Organizational Meeting.

Effective:
August 23, 1957
Latest Legislation:
House Bill 220 - 102nd General Assembly
Upon the filing of the engineer's report with the clerks of the boards of county commissioners of the counties affected in this state, the clerk of the county in which the petition was filed shall notify in writing the proper officials of the counties of the adjoining state of the filing of said report. A copy of the petition and bond shall be attached thereto. The notice shall state the time and place of meeting for the purpose of organizing.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6135 | Interstate County Ditches › Section 6135.03 | Organizational Meeting.

Effective:
August 23, 1957
Latest Legislation:
House Bill 220 - 102nd General Assembly
After receiving notice by the clerk of the board of county commissioners of the time and place of the meeting as provided in section 6135.02 of the Revised Code, the boards of county commissioners shall proceed at such time and place to form themselves into a joint board for the purpose before them by electing one of their number as president and another as clerk. The president and clerk shall not both be selected from the board representing the same state, and a majority of each proper board must be present to constitute a quorum.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6135 | Interstate County Ditches › Section 6135.04 | Voting of Ohio Members.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Without regard to the number of each board of county commissioners present at the meeting referred to in section 6135.03 of the Revised Code, the members from this state shall have the casting of one half of all votes on all questions, which vote shall be represented equally by the different members present of the boards from this state.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6135 | Interstate County Ditches › Section 6135.05 | Adjournment.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
If the boards of county commissioners of the different counties of the state, or a quorum of the board of each county affected fails to meet as provided in section 6135.03 of the Revised Code, they shall adjourn until such time as they shall again receive like notice as provided by section 6135.02 of the Revised Code for their first meeting.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6135 | Interstate County Ditches › Section 6135.06 | Joint Board Hearing and View of Premises.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
After the boards of county commissioners resolve themselves into a joint board of county commissioners, as provided in section 6135.03 of the Revised Code, and after finding that a petition and bond conditioned as required by law have been filed, the joint board shall view the route petitioned for. If the joint board finds the improvement so prayed for is necessary and will be conducive to public health, welfare, or convenience, and that such route is the best one to accomplish the desired relief, it shall locate the ditch, or order the widening or deepening of the ditch, drain, or watercourse in substantial conformity with the prayer of the petition. If the route described is not the best in its opinion, it shall locate the improvement on the route best adapted to secure the relief desired, with the best contingent results, and may locate all the necessary branch ditches. If it finds against the location, deepening, or widening of the improvement, no further proceedings shall be had under this petition after said report, and the costs shall be collected of the petitioners and their bondsmen.
Last updated October 21, 2022 at 4:20 PM
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6135 | Interstate County Ditches › Section 6135.07 | Locating Main Ditch.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The joint board of county commissioners may locate in this state that part of the main ditch, or any of its tributaries, which will lie partially in both states or which will drain lands of both states.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6135 | Interstate County Ditches › Section 6135.08 | Engineer - Adjournment - Capacity of Improvement,.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
If the joint board of county commissioners finds it necessary, it may employ an engineer to determine the proper route on which a ditch or its branches shall be located. No engineer shall be employed by such joint board until it has determined that the improvement is necessary for the public welfare, health, or convenience.
In their view of such route and in their deliberations over it, the members of the joint board of county commissioners from this state may adjourn from time to time, not exceeding in the aggregate sixty days.
The joint board of county commissioners may determine upon the necessary capacity of the part of such improvement located in this state.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6135 | Interstate County Ditches › Section 6135.09 | Full Report of Proceedings and Findings.

Effective:
August 23, 1957
Latest Legislation:
House Bill 220 - 102nd General Assembly
The clerk of the joint board of county commissioners shall make a full report of its proceedings and findings, signed by himself and the president of the joint board, which shall be read before the joint board. A copy thereof shall be sent to the clerk of the board of county commissioners of each county affected in Ohio, and to the proper officer of each county affected in the other state.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6135 | Interstate County Ditches › Section 6135.10 | Engineers From Other States Affected.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
After the adjournment of the joint board of county commissioners, if its report, as provided in section 6135.09 of the Revised Code, is in favor of the location, the members thereof from this state shall select a competent engineer to meet one to be appointed by the proper authorities of the other state joining with them in the proceedings.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6135 | Interstate County Ditches › Section 6135.11 | Bond of Engineers.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The engineer appointed in accordance with section 6135.10 of the Revised Code shall file a bond with the county auditor of each county in this state affected by the improvement, in the sum of one thousand dollars, with two approved sureties, conditioned for the faithful performance of his duties.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6135 | Interstate County Ditches › Section 6135.12 | Engineer Duties.

Effective:
April 9, 1981
Latest Legislation:
House Bill 268 - 113th General Assembly
The engineer appointed in accordance with section 6135.10 of the Revised Code, with the engineer from the adjoining state joining in the matter, shall perform all duties as prescribed for the county engineer in sections 6131.14 and 6131.15 of the Revised Code.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6135 | Interstate County Ditches › Section 6135.14 | Notice of Receipt of Reports, Plans, and Schedules.

Effective:
April 9, 1981
Latest Legislation:
House Bill 268 - 113th General Assembly
On the receipt of the reports, plans, and schedules required by section 6135.12 of the Revised Code, the clerk of the board of county commissioners of the county in which the petition was filed shall notify the joint board of county commissioners of the receipt thereof as in the case of the filing of a petition and bond as provided in section 6135.02 of the Revised Code. The clerk shall send a copy of the report to all of the appropriate officials of each state. He shall proceed in a like manner to fix a time and place for the meeting of the joint board, after which he shall notify it of the receipt of the report and the time and place of the meeting.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6135 | Interstate County Ditches › Section 6135.15 | Rules of Joint Board.

Effective:
April 9, 1981
Latest Legislation:
House Bill 268 - 113th General Assembly
The joint board of county commissioners, on assembling for the meeting set by the clerk of the board of county commissioners under section 6135.14 of the Revised Code, shall be governed by like rules as provided by law for the first meeting thereof. They may call to their assistance the engineers who surveyed and planned the proposed improvement.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6135 | Interstate County Ditches › Section 6135.16 | Approval or Amendment of Engineer's Report.

Effective:
April 9, 1981
Latest Legislation:
House Bill 268 - 113th General Assembly
The joint board of county commissioners shall approve or amend the report filed by the engineers, as required by section 6135.12 of the Revised Code. The report so approved shall be a final division of the estimated costs of construction and the entire costs of location between the states. They shall send a copy of their report, certified by the president and clerk of the joint board, to the proper official of each county affected in the other state and to the county auditor of each county affected in this state. Their adjournment shall be subject to a call of a majority of the members of either state, notice of which shall be given as provided in section 6135.14 of the Revised Code.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6135 | Interstate County Ditches › Section 6135.17 | Right of Entry.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The proper authorities in the adjoining state, joining with the counties in this state in an interstate county ditch project, may enter upon lands in this state, along any portion of said located ditch or its tributaries, to perform work which is assigned them to do by the joint board of county commissioners when in session.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6135 | Interstate County Ditches › Section 6135.19 | Assessment of Land Not Mentioned in First Report.

Effective:
August 23, 1957
Latest Legislation:
House Bill 220 - 102nd General Assembly
The further proceedings of the joint board of county commissioners shall be in conformity with the laws for the location of county or joint county ditches taken at this stage of the proceedings. The boards of county commissioners, at their hearing on the apportionment made, may assess any other owners and lands not mentioned in the first report of the engineers, which they deem to be benefited thereby. The owners shall have due notice thereof.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6135 | Interstate County Ditches › Section 6135.20 | Work Outside State.

Effective:
August 23, 1957
Latest Legislation:
House Bill 220 - 102nd General Assembly
The board of county commissioners of any county in this state, in which are located owners and lands affected and charged for the improvement or construction of a ditch, drain, or watercourse, as provided by law, may cause to be performed any work which is assigned to them outside of the limits of this state in a like manner as under the laws for similar duties, if the necessary privilege to do so has been granted by the legislature of the state where said lands are located through which such work is to be constructed.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6135 | Interstate County Ditches › Section 6135.21 | Fees.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The fees of all officials and assistants in the improvement and construction of ditches, as provided in sections 6135.01 to 6135.20, inclusive, of the Revised Code, shall be as for like services in county ditch work.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6135 | Interstate County Ditches › Section 6135.22 | Filing Claims for Compensation and Damages.

Effective:
August 23, 1957
Latest Legislation:
House Bill 220 - 102nd General Assembly
Claims for compensation and damages shall be filed with the clerk of the joint board on or before the day of hearing on the apportionment. Such claims as are allowed, with costs of location actually incurred, shall be paid out of the county fund.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6135 | Interstate County Ditches › Section 6135.23 | Construction or Improvement of Outlet Outside State.

Effective:
August 23, 1957
Latest Legislation:
House Bill 220 - 102nd General Assembly
When the board of county commissioners finds on file with the clerk of the board of county commissioners a petition praying for the location or improvement of a ditch, drain, or watercourse in such county, the waters from which flow into or through an adjoining county in another state, and it is of the opinion that the outlet for such proposed improvement is insufficient, it may enter into an agreement with the proper officials of such adjoining county for the construction or improvement of the outlet for such ditch, drain, or watercourse by such lower county and for the payment by such upper county to the lower county of a sum of money agreed upon, between said board and the proper officials of the lower county, for the construction or improvement of such outlet. Such sum shall be payable into the treasury of such lower county upon the completion of the improvement of the outlet as agreed upon.
The board of the upper county shall assess upon the lots and lands, public corporations, the state of Ohio, and public or corporate roads or railroads in such county, benefited by the improvement, the costs of the location and construction thereof in the county, with the sum of money agreed to be paid to the lower county for the improvement of the outlet therefor.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6135 | Interstate County Ditches › Section 6135.24 | Bonds Issued to Pay Costs of Improvements.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When the board of county commissioners of the upper county deems it expedient to do so, it may issue bonds of the county to raise the money necessary to pay the costs, including the amount agreed to be paid to the lower county, as provided by section 6135.26 of the Revised Code, in the manner provided by law in the case of a single county ditch.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6135 | Interstate County Ditches › Section 6135.25 | Construction or Improvement of Outlet Within State.

Effective:
August 23, 1957
Latest Legislation:
House Bill 220 - 102nd General Assembly
When the proper officials of a county in another state, adjoining a county in this state, desire to have the outlet for water flowing in a ditch, drain, or watercourse from such upper adjoining county into or through a lower county in this state enlarged or improved, the board of county commissioners of such lower county may enter into an agreement with the proper officials of such upper adjoining county for the improvement of such outlet by the lower county and for the payment to the lower county for the benefit of such improvement by such upper county of such sum of money as is agreed upon between said board and the proper officials of the upper county. In making its assessments upon the lots and lands, public corporations, the state of Ohio, and public or corporate roads or railroads in the lower county benefited thereby, the board shall take into account the amount to be paid for the benefit of such improvement by the upper county.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6135 | Interstate County Ditches › Section 6135.26 | Journalizing Agreement for Improvement.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When the board of county commissioners enters into an agreement with the proper officials of an adjoining county in another state, under sections 6135.23 to 6135.25, inclusive, of the Revised Code, it shall make an entry upon its journal setting forth fully and particularly the terms of such agreement, as to the extent and nature of the outlet to be constructed or improved, the time within which it is to be completed, the amount to be paid by such upper county to such lower county for the improvement of such outlet, and the time and manner of payment therefor.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6135 | Interstate County Ditches › Section 6135.27 | Matters Not Expressly Covered.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
In all matters pertaining to the location and construction of an improvement, not expressly provided for in sections 6135.23 to 6135.26, inclusive, of the Revised Code, the board of county commissioners shall be governed by laws providing for the location and construction of county ditches.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6137 | Drainage Improvement Maintenance Fund › Section 6137.01 | Drainage Improvement Maintenance Fund Definitions.

Effective:
March 24, 2021
Latest Legislation:
House Bill 340 - 133rd General Assembly
As used in this chapter:
(A) "Owner," "benefit," "lead county," and "improvement" have the same meanings as in section 6131.01 of the Revised Code.
(B) "Force account" has the same meaning as in section 5543.19 of the Revised Code.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6137 | Drainage Improvement Maintenance Fund › Section 6137.02 | County Drainage Improvement Maintenance Fund.

Effective:
March 24, 2021
Latest Legislation:
House Bill 340 - 133rd General Assembly
(A) The board of county commissioners of each county shall establish and maintain a fund within each county for the repair, upkeep, and permanent maintenance of each improvement constructed after August 23, 1957, under Chapter 940., 6131., 6133., or 6135. of the Revised Code.
(B) If the improvement affects only a single county of the state, the board of county commissioners of that county shall establish and maintain the fund. If two or more counties of the state are affected by the improvement, the joint board of county commissioners organized under Chapters 940., 6133., and 6135. of the Revised Code shall establish and maintain the fund.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6137 | Drainage Improvement Maintenance Fund › Section 6137.04 | Drainage Maintenance District.

Effective:
March 24, 2021
Latest Legislation:
House Bill 340 - 133rd General Assembly
(A)(1) The board of county commissioners, upon recommendation of the county engineer, may combine improvements into a drainage maintenance district, in which the maintenance assessment shall be the same percentage of original cost for each improvement to be maintained.
(2) In combining improvements into drainage maintenance districts, the county engineer and the board of county commissioners shall consider similarity of costs, topography, and soil types so that improvements within the same district present substantially the same maintenance issues and costs. The county auditor shall maintain one drainage maintenance fund for each such district.
(3) A maintenance district may include all or any part of a county.
(B) The board of county commissioners, upon recommendation of the county engineer, may combine improvements in accordance with the type of improvement into one drainage maintenance fund so that ditches or drains that are enclosed in tile, or other improvements having similar maintenance costs, may be administered for maintenance under the same maintenance fund.
(C)(1) In the case of each joint county drainage improvement, the county auditor of the lead county shall maintain a separate maintenance fund for the improvement.
(2) The owners subject to the original assessment for the improvement shall constitute one maintenance district for the purpose of repair, upkeep, and maintenance of the improvement.
(3) The county engineer of the lead county shall serve as the county engineer in charge of maintenance and, after consultation with the engineer of any other county affected, shall annually file a report of inspection with a recommendation as to the amount of the maintenance assessment by the same procedure as provided by section 6137.03 of the Revised Code for assessment in the case of a single county drainage improvement.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6137 | Drainage Improvement Maintenance Fund › Section 6137.05 | Repair or Maintenance Projects.

Effective:
March 24, 2021
Latest Legislation:
House Bill 340 - 133rd General Assembly
(A) The maintenance fund established under section 6137.02 of the Revised Code shall be subject to use of the board of county commissioners or joint board of county commissioners for the necessary and proper repair or maintenance of any drainage improvement constructed under Chapters 940., 6131., 6133., and 6135. of the Revised Code.
(B) Whenever the board, or the joint board, from its own observation or the recommendation of the county engineer or the lead county's county engineer, or on the written complaint of any owner of land subject to the maintenance assessment, has identified a need for the repair or maintenance of a drainage improvement, the county engineer shall inspect the condition of the drainage improvement.
(C) If the county engineer finds that the drainage improvement is in need of repair or maintenance, the county engineer shall do all of the following:
(1) Make an estimate of the cost of the necessary work;
(2) Determine the most efficient and economical manner to complete the work, including conducting the work in various phases if determined necessary. The county engineer shall take into account local conditions that may pertain to a maintenance program such as excavation, snagging, clearing, cleaning, physical and chemical control of vegetation, and reparation of banks and structures. The county engineer may determine whether the work shall be performed by force account, contract, or a combination of the two. However, if a contract is used for the work, the county engineer shall comply with sections 307.86 to 307.92 of the Revised Code.
(3) Determine a schedule for completion of the work subject to the availability of funds in the appropriate maintenance fund;
(4) Certify the actual cost of completion of the work to the county auditor or lead county's county auditor for payment from the appropriate maintenance fund.
(D) The board or joint board and the county engineer may contract with a soil and water conservation district for the repair, upkeep, and permanent maintenance of any drainage improvement for which the county engineer is responsible, whether as the county engineer or as the lead county engineer.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6137 | Drainage Improvement Maintenance Fund › Section 6137.051 | Drainage Repair Upon Complaint of Assessed Owners.

Effective:
March 24, 2021
Latest Legislation:
House Bill 340 - 133rd General Assembly
(A) Whenever the owner of any lands assessed for construction of an improvement authorized prior to August 23, 1957, files a written complaint that the improvement is in need of repair, the county engineer or the county engineer's designated representative shall make an inspection of the condition of the improvement within sixty days of receipt of the complaint and shall request the owner to be present at the inspection.
(B) If the county engineer finds that a need exists, the county engineer shall make an estimate of the cost of the necessary work and material required for the repair.
(C) The board of county commissioners, if it finds the work to be necessary and feasible, may authorize the county engineer to make the repairs at a cost not to exceed twenty-four thousand dollars.
(D) For the purpose of paying for the necessary work and materials, the board of county commissioners may establish a drainage repair fund for the improvement to be repaired. The county engineer shall prepare and submit a schedule of assessments upon the benefiting lands to the board of county commissioners in the amount of the actual costs of the repair. The board of county commissioners may revise the estimated assessments as they consider equitable and shall certify the assessments to the county auditor for collection.
(E) Not more than ten semiannual installments, as taxes are paid, shall be given to owners to pay for the repair assessments, and if any such assessment is twenty-five dollars or less, or whenever the unpaid balance of any such assessment is twenty-five dollars or less, the same shall be paid in full, and not in installments, at the time the first installment would otherwise become due.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6137 | Drainage Improvement Maintenance Fund › Section 6137.06 | Count and Joint County Drainage Improvements.

Effective:
March 24, 2021
Latest Legislation:
House Bill 340 - 133rd General Assembly
(A) With regard to a single county improvement, the county engineer has general charge and supervision of the repair and maintenance of all county drainage improvements constructed under Chapters 940., 6131., 6133., and 6135. of the Revised Code.
With regard to a joint county improvement, the lead county engineer has general charge and supervision of the repair and maintenance of all joint county drainage improvements constructed under Chapters 940., 6131., 6133., and 6135. of the Revised Code.
(B) The duties of the county engineer with respect to maintenance of any drainage improvement begin upon the substantial completion of the improvement. In preparing plans and specifications for repair and maintenance of a drainage improvement, the county engineer shall provide for necessary clearing of tree and brush growth, removal of silt bars, spreading and leveling of spoil banks, and the preservation of a sod or seeded strip as provided in the case of new construction under section 6131.14 of the Revised Code.
(C) Any person owning land along a drainage improvement may form an advisory committee for the purpose of notifying the county engineer of any repair and maintenance work that needs to be performed on the improvement. A committee formed for this purpose shall submit recommendations to the county engineer not later than the first day of May of any year in which its members desire to notify the county engineer of needed work. In determining the condition of the improvement in accordance with this section, the county engineer shall consider the committee's recommendations.
(D) Before issuing a warrant for any moneys expended by the county for repair or maintenance of any drainage improvement, the county auditor shall require of the county engineer the assignment of the expense to the improvement or the drainage maintenance district in connection with which the expense was incurred. The county auditor shall keep such records as are necessary to show clearly at the close of each year the amount of money expended from the drainage maintenance funds on each drainage improvement or each drainage maintenance district.
(E) The county auditor may establish and maintain a rotary fund for the purchase of equipment, materials, and labor related to the general maintenance of drainage improvements under this chapter. The county auditor shall establish and maintain the fund by a proportionate withdrawal from the funds of each drainage improvement or each drainage maintenance district.
(F) The county engineer shall establish a rental rate for equipment purchased with the rotary fund. This rate shall be used in charging the equipment, along with material and labor, to the drainage improvement upon which it is used in order to reimburse the rotary fund.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6137 | Drainage Improvement Maintenance Fund › Section 6137.07 | Drainage Equipment.

Effective:
March 24, 2021
Latest Legislation:
House Bill 340 - 133rd General Assembly
(A) As used in this section, "drainage equipment" means machinery, tools, conveyances, or other equipment for the repair and maintenance of drainage improvements a board of county commissioners considers necessary.
(B) The board of county commissioners may do both of the following:
(1) Purchase drainage equipment;
(2) Provide a suitable place to house and store the drainage equipment.
The county engineer shall be responsible for the care and custody of the drainage equipment and shall plainly and conspicuously mark it as the property of the county.
(C) The county engineer shall annually, on the second Monday of January, make an inventory of the drainage equipment, indicating each article and stating its estimated value, and deliver the inventory to the board of county commissioners. The board shall keep the inventory on file. The county engineer may file written recommendations with the board for drainage equipment that should be purchased for use in the county drainage maintenance program during the ensuing year and its estimated cost.
(D) All expenditures authorized by this section shall be paid out of the drainage maintenance fund or funds. If the drainage maintenance fund at any time is inadequate for such purchase or other expenditure, the board of county commissioners is authorized to make the payment from the county general fund, which sum so paid from the general fund shall be a charge against the drainage maintenance fund or funds to be repaid to the general fund as soon as adequate funds are available in the drainage maintenance fund or funds.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6137 | Drainage Improvement Maintenance Fund › Section 6137.08 | Reduction in Maintenance Assessment Application.

Effective:
March 24, 2021
Latest Legislation:
House Bill 340 - 133rd General Assembly
(A) An owner may make application for reduction in the owner's maintenance assessment due to work the owner proposes on any portion of a public ditch, watercourse, or other improvement. The application shall be filed with the county engineer on or before the first day of May in any year and shall state the nature of the work to be done, such as clearing brush, removing silt or debris, repair of structure, or other work necessary to preserve the improvement.
(B) The county engineer, in making inspections of the drainage improvements, shall note the extent to which any owner that has applied for a reduction of the maintenance assessment under division (A) of this section has carried out such repair and maintenance work.
(C) In making the annual report and estimate to the board of county commissioners, the county engineer shall include a schedule containing the name of each owner who has applied for reduction of maintenance assessment under division (A) of this section and the percentage reduction, if any, that the county engineer recommends be granted to each owner.
(D) The board of county commissioners shall either confirm or reject the allowances recommended by the county engineer. The allowance confirmed as to each owner shall be certified to the county auditor, who shall reduce the next annual maintenance assessment of the owner by the percentage so certified.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6137 | Drainage Improvement Maintenance Fund › Section 6137.09 | Certificate for Reduction in Maintenance Assessment.

Effective:
March 24, 2021
Latest Legislation:
House Bill 340 - 133rd General Assembly
(A) The board of county commissioners may grant to any owner a reduction of not more than fifty per cent of the owner's annual maintenance assessment provided that the owner shall have filed with the county engineer a certificate of the board of supervisors of the soil conservation district of the county in which the land is located, certifying that the owner is following practices in the cultivation or management of agricultural land that will reduce the runoff of surface water and the erosion of sediment and silt into drainage channels. The certificate shall be signed by the president and the secretary-treasurer of the soil and water conservation district board of supervisors and it shall remain in effect until canceled by the board of county commissioners.
(B) The county engineer may inspect the premises of any owner claiming assessment reduction due to soil and water conservation and to ask the soil conservation district for review of any certificate on file.
(C) At the time the county engineer makes the annual report and estimate of maintenance costs, the county engineer shall transmit to the board of county commissioners all soil and water conservation certificates that were filed with the county engineer.
(D) The clerk of the board of county commissioners, on or before the first day of August in each year, shall file with the county auditor a list of owners who have been granted a reduction in maintenance assessment for the current year under this section.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6137 | Drainage Improvement Maintenance Fund › Section 6137.10 | Additional Repair Assessment for Damages.

Effective:
March 24, 2021
Latest Legislation:
House Bill 340 - 133rd General Assembly
If the cleaning out or repair of a ditch, drain, or watercourse, repair or replacement of tile, or repair of any abutment, catch basin, retaining wall or other improvement is made necessary in whole or in part by the negligent acts or omissions of an owner, the board of county commissioners shall conduct a hearing regarding the acts or omissions. The board shall give notice of the hearing thirty days prior to the hearing pursuant to the provisions of section 6131.07 of the Revised Code. After the hearing, the board may add to the maintenance assessment of the negligent owner an additional repair assessment in an amount sufficient to rectify the damage. The added assessment shall be made on recommendation of the county engineer and certified to the county auditor at the same time the annual maintenance assessment is certified by the board.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6137 | Drainage Improvement Maintenance Fund › Section 6137.111 | Alternative Levy of Assessments Apportioned According to Tax Value.

Effective:
March 24, 2021
Latest Legislation:
House Bill 340 - 133rd General Assembly
(A) In lieu of the permanent assessment base and procedure specified in section 6137.11 of the Revised Code, the board of county commissioners may by resolution levy upon the benefited property assessments apportioned according to tax value. The assessments shall be in the amount determined by the board to be necessary to obtain funds for the maintenance fund.
(B) Prior to the adoption of a resolution levying the assessments, the board shall give at least ten days' notice in one newspaper of general circulation in the county, which shall state the time and place when and where the resolution shall be taken up for consideration. At that time and place or at any adjournment thereof, of which no further published notice need be given, the board shall hear all persons whose properties are proposed to be assessed, shall correct any errors and make any revisions that appear to be necessary or just, and may then pass a resolution levying upon the properties determined to be benefited such assessments as so corrected and revised.
(C) Any owner of property to be so assessed may appeal to the court of common pleas from the resolution made by the board of county commissioners, in the manner provided by sections 6131.25 to 6131.36 of the Revised Code, the question of whether any such assessment is levied according to benefits.
(D) The assessments levied by the board's resolution shall be certified to the county auditor for collection as other taxes in the year or years in which they are payable. Any increase or reduction of the assessments levied under this section shall be made at the regular six-year reappraisal of all property in the county under section 5713.01 of the Revised Code or through adjustments made for property divisions, improvements, and changes.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6137 | Drainage Improvement Maintenance Fund › Section 6137.112 | Permanent Base Review of Improvements; Estimation of Construction Cost.

Effective:
March 24, 2021
Latest Legislation:
House Bill 340 - 133rd General Assembly
(A) At the time that the board of county commissioners reviews the permanent assessment base of an improvement after six annual assessments have been made as provided in section 6137.11 of the Revised Code, the board may request the county engineer to estimate the construction cost of the improvement if that improvement were to be constructed at the time of the permanent assessment base review. Not less than thirty days prior to a hearing at which the board will consider the estimate as the construction cost of the improvement, the clerk of the board shall send to each owner that would be affected a notice by certified mail, return receipt requested, or by first class mail in a five-day return envelope. For each improvement, all individual notices shall be sent by the same type of mail. Whichever method the board chooses, the words "legal notice" shall be printed in plain view on the face of the envelope. The notice shall state the amount of the present permanent assessment base, the proposed new permanent assessment base amount with respect to the owner, and the date of the hearing on the proposed change.
(B) The board of county commissioners, by adoption of a resolution at the hearing required under division (A) of this section, may approve the permanent assessment base, as determined by the county engineer according to division (B)(5) of section 6131.14 of the Revised Code in lieu of the original cost of the improvement. If approved, the total estimated cost of the improvement shall be the permanent assessment base that is used to calculate maintenance fund assessments for owners benefiting from the improvement. The approved estimate of the improvement shall serve as the permanent assessment base for the purposes of this chapter until such time as it is revised in accordance with this section.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6137 | Drainage Improvement Maintenance Fund › Section 6137.13 | Cleaning or Repair of Interstate Ditches.

Effective:
March 24, 2021
Latest Legislation:
House Bill 340 - 133rd General Assembly
That part of interstate drainage improvements within the state may be cleaned or repaired pursuant to sections 6137.01 to 6137.12 of the Revised Code.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6137 | Drainage Improvement Maintenance Fund › Section 6137.14 | Inspection for Violations by County Engineer.

Effective:
March 24, 2021
Latest Legislation:
House Bill 340 - 133rd General Assembly
The county engineer, in inspecting drainage channels, shall note any and all apparent violations of sections 6111.01 to 6111.04 of the Revised Code, as such sections refer to the pollution of drainage channels. Whenever it appears to the county engineer that there may be a violation of section 6111.04 of the Revised Code, the county engineer shall notify the director of environmental protection, setting forth any thing or act done or omitted to be done or claimed to be in violation of such section. The director shall immediately pursue the alleged violation to its legal conclusion.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6137 | Drainage Improvement Maintenance Fund › Section 6137.15 | Agreements With Local Soil and Water Conservation Districts.

Effective:
April 9, 1981
Latest Legislation:
House Bill 268 - 113th General Assembly
The board of county commissioners with the advice of the county engineer may enter into agreements with local soil and water conservation districts for the purposes of planning, constructing, or maintaining works of improvement constructed under Chapters 6131., 6133., 6135., 6137., and 6151. of the Revised Code.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6151 | Watercourses › Section 6151.01 | Power of County Commissioners to Straighten Watercourses.

Effective:
October 1, 1953
Latest Legislation:
Senate Bill 361 - 100th General Assembly
When in its opinion it is necessary or advisable, in order to provide proper protection or a proper location for a proposed bridge or road, the board of county commissioners may divert, alter, straighten, or clean out a river, creek, or other watercourse, and for such purpose may acquire the necessary property and settle all claims for damages of any persons interested. The expenses so incurred shall be payable out of the funds provided for the protection or construction of said bridge or road.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6151 | Watercourses › Section 6151.02 | Resolution for Appropriation of Property.

Effective:
February 21, 1967
Latest Legislation:
House Bill 1 - 107th General Assembly
In order to acquire property as provided in section 6151.01 of the Revised Code by appropriation proceedings, the board of county commissioners shall adopt a resolution declaring the necessity therefor; and shall then proceed in accordance with sections 163.01 to 163.22, inclusive, of the Revised Code.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6151 | Watercourses › Section 6151.09 | Protection of Bridge or Road.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The board of county commissioners may cause a river, creek, or watercourse to be straightened or cleaned out for the protection of any bridge or road within its control.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6151 | Watercourses › Section 6151.13 | Cost of Letting Work.

Effective:
April 9, 1981
Latest Legislation:
House Bill 268 - 113th General Assembly
All cost of letting the work as authorized by sections 6151.01, 6151.02, and 6151.09 of the Revised Code, the expense of the work, and other expenses therein shall be paid from the bridge or motor vehicle license and gasoline tax funds of the county when the work is accepted and approved by the board of county commissioners, which shall direct the payment thereof.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6151 | Watercourses › Section 6151.14 | Removal of Drift.

Effective:
April 9, 1981
Latest Legislation:
House Bill 268 - 113th General Assembly
The board of county commissioners may remove from a river, watercourse, or creek, within the county, drift, timber, piling, or other obstruction placed or negligently allowed to remain therein by a person that obstructs to any extent the free flow of the water or endangers a county or township road, after giving thirty days' notice to the person or an agent thereof, to remove the obstruction within that time.
The expenses of the removal shall be paid out of the county general fund, and the amount so paid together with fifty per cent penalty shall be placed upon the tax duplicate by the county auditor against the person to be collected as other taxes.
The board of county commissioners may remove from a river, watercourse, or creek, within the county, drift, timber, piling, or other obstruction deposited by nature at a single location that obstructs to any extent the free flow of the water or endangers a county or township road. The expenses of the removal may be paid from county funds.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6155 | Removal of Milldams › Section 6155.01 | Application for Removal of Milldam.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Applications by the owners of lands adjoining or adjacent to a stream of living water for the removal of a milldam therein shall be made by filing with the county auditor a petition signed by at least two thirds of said owners, stating the necessity for such improvement and the removal of the milldam, with a sufficient bond with sureties to the acceptance of the auditor, conditioned to pay all expenses incurred in case the board of county commissioners refuses to grant the prayer of the petition.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6155 | Removal of Milldams › Section 6155.02 | Notice of Petition for Removal.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The county auditor shall give notice to the board of county commissioners of the filing and pendency of the petition provided for in section 6155.01 of the Revised Code, and the board shall forthwith designate when and where it will meet to hear the petition and complete its proceedings thereon.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6155 | Removal of Milldams › Section 6155.03 | Notice of Hearing on Petition.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The principal petitioner under section 6155.01 of the Revised Code shall give notice in writing of the filing, pendency, and time of hearing of the petition to the owners of each of the tracts of land sought to be affected by the proceedings. Such notice shall be served no less than ten days before the day fixed for the hearing of the petition, and the original verified notice shall be filed with the county auditor on or before the day of the hearing.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6155 | Removal of Milldams › Section 6155.04 | Adjournment of Hearing.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
On the day set for the hearing of a petition for the removal of a milldam, if it appears to the board of county commissioners that a person interested in the improvement and in the removal of the milldam has not been notified, or that any requisite preliminary steps have not been taken, it shall adjourn the hearing to a future time, not exceeding twenty days, and shall order such notice to be given or such preliminary steps to be taken.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6155 | Removal of Milldams › Section 6155.05 | Hearing - View of Premises.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
If the board of county commissioners finds that the bond provided for in section 6155.01 of the Revised Code has been filed and notice given as required by section 6155.03 of the Revised Code, it shall hear and determine the petition and view the premises along the proposed improvement and the lands of the petitioners and others affected by the milldam. If it finds that such improvement and removal of the milldam will be conducive to the public health, convenience, or welfare, it shall report its finding in writing and order the county auditor to enter it on the journal of the board.