Ohio Administrative Code › Title 1501 - Department of Natural Resources - Administration and Director › Chapter 1501-6 - Lease of Lake Erie Submerged Lands › Section 1501-6-01 - Definition of terms

Current through all regulations passed and filed through July 1, 2024
(A) "Applicant" means any person who applies
			 to the department to develop or improve any part of the territory as defined in
			 division (A) of section
			 1506.11 of the Revised Code.
(B) "Application" means the signed
			 and completed form(s) and any supplemental information which may be required by
			 the director in accordance with these rules and submitted to the director as
			 provided in divisions (B) and (G) of section
			 1506.11 of the Revised Code.
(C) "Department" means the
			 department of natural resources.
(D) "Development" or "improvement" means, but
			 shall not be limited to, wharfs, breakwaters, piers, docks, bulkheads, marinas,
			 groins, jetties, revetments, fill for the purpose of creating new lands or any
			 structure of any kind which encroaches upon the territory.
(E) "Director" means the director of the
			 department of natural resources.
(F) "Erosion control structure" means a
			 structure solely and specifically designed to reduce or control lake
			 Erie-related erosion of the shore. Examples include, but are not limited to,
			 revetments, seawalls, bulkheads, and certain breakwaters and similar
			 structures.
(G) "Fill" means any
			 material used for the primary purpose of replacing lake Erie aquatic areas with
			 dry land or changing the bottom elevation of lake Erie.
(H) "Governmental income producing facility"
			 means any facility built in the territory managed by a governmental agency or
			 by a contracted private management company which by the nature of the facility
			 produces income above and beyond normal charges associated to cover operating
			 costs. Said governmental agency shall include, but not be limited to, a county,
			 township, village, municipality, port authority, park district or conservancy
			 district.
(I) "Governmental
			 non-income producing facility" means any facility built in the territory
			 including, but not limited to, municipal water intake pipes, sewer outfall
			 pipes, storm sewer outfall pipes, submerged cables or any other facility which
			 is managed, owned, operated, occupied or utilized by a governmental agency for
			 a governmental use or purpose at no charge or a nominal charge to cover
			 operating cost. Said governmental agency shall include, but not be limited to,
			 a county, township, village, municipality, port authority, park district, sewer
			 district or conservancy district.
(J) "Large facility" means any semi-private
			 or commercial facility built in the territory which exceeds four acres in total
			 area and shall include, but not be limited to, an industrial facility such as a
			 loading and off loading facility, an industrial water intake and an industrial
			 water outfall, or fill to expand an upland or support facility for such use.
(K) "Lease" means a document
			 prepared by the department containing terms and conditions for development or
			 improvement of the territory of the state in lake Erie for a specified time,
			 approved by the governor, and executed by the director in the manner prescribed
			 by sections 1501.01,
			 1506.11 and
			 5301.13 of the Revised Code.
(L) "Littoral rights" means the
			 right of an upland property owner to make reasonable use of the waters fronting
			 the upland property and the right to wharf out to navigable waters within the
			 projected boundaries of the upland property, said rights being subject to the
			 rights of the state of Ohio and the United States.
(M) "Littoral zone" means the indefinite zone
			 between the shoreline extending lakeward to the furthermost line where waves
			 begin to break.
(N) "Ohio coastal
			 management program" means the comprehensive action of the state and its
			 political subdivisions to preserve, protect, develop, restore or enhance the
			 resources of the coastal area in accordance with established objectives,
			 policies, standards and criteria concerning protection of the natural resources
			 in the coastal area; management of coastal development and redevelopment;
			 preservation and restoration of historic, cultural and aesthetic coastal
			 features; public access to the coastal area for recreational purposes; and as
			 otherwise described in divisions (B) and (C) of section
			 1506.01 of the Revised Code and
			 the Ohio coastal management program document.
(O) "Nonpoint source management program"
			 means the management program for controlling pollution added from nonpoint
			 sources to the waters of the state and improving the quality of such waters
			 submitted by the governor to the U.S. environmental protection agency and
			 approved November 21, 1989, in accordance with section 319 of the federal water
			 quality act of 1987 and any federally approved amendments to the program
			 adopted in accordance with section 6217 of the coastal zone act reauthorization
			 amendments of 1990.
(P) "Private
			 floating dock or structure" means a dock or structure placed in the territory
			 of lake Erie for the sole use of the upland owner for upland owner's personal
			 benefit. Said structure or dock shall not be used for any monetary gain such
			 as, but not limited to, dock space for rent, lease or sale.
(Q) "Public hearing" means a formal hearing
			 conducted by the director, or designee, in which evidence may be presented and
			 testimony given. These proceedings are recorded and an official transcript is
			 made a part of the administrative record maintained by the department for the
			 subject submerged lands lease application as provided for in division (C) of
			 section 1506.11 of the Revised Code.
(R) "Public meeting" means an
			 assembly conducted by the department, the purpose of which is to provide an
			 opportunity for a lease applicant to explain the developments, improvements
			 and/or activities upon lake Erie submerged lands to concerned agencies and the
			 general public and afford an opportunity for interested parties to express any
			 relevant issues or concerns as provided for in division (C) of section
			 1506.11 of the Revised Code.
(S) "Semi-private facility" means
			 any facility built in the territory in conjunction with, but not limited to,
			 condominiums, trailer parks, cooperatives, residential associations,
			 campgrounds, or apartments.
(T)
			 "Small commercial facility" means any facility built in the territory in
			 connection with the providing of commercial services and does not occupy more
			 than four acres of total area. A small commercial facility shall include, but
			 not be limited to, a commercial marina, private club, yacht club, sailing club,
			 transit ferry boat facility, or breakwalls constructed to protect inland marina
			 channels and/or boat basin for access to lake Erie.
(U) "State resource waters" means surface
			 waters of the state that lie within national, state and metropolitan park
			 systems, wetlands, wildlife refuges, waters of exceptional recreational or
			 ecological significance, and as otherwise described in state water quality
			 standards, rule
			 3745-1-05 of the
			 Administrative Code.
(V)
			 "Structure" means any facility which requires fill being placed upon the
			 submerged land of lake Erie, including, but not limited to, a rubble mound
			 dock, rubble mound walk, rock filled timber crib dock, rock filled timber crib
			 wall, pilings, steel sheet pile wall, revetment, unattached breakwall, precast
			 concrete modular structure and riprap shore protection.
(W) "Territory" as used in these rules shall
			 be as it is described in section
			 1506.10 and as it is defined in
			 division (A) of section
			 1506.11 of the Revised Code.
			 Where the territory has been artificially filled, the director shall determine
			 the natural shoreline as accurately as possible, using the best practicable
			 measures including, but not limited to, an analysis of the earliest known
			 charts, maps or photographs.
(X)
			 "Utility" shall mean any utility company regulated by; within the jurisdiction
			 of; registered with, or licensed to do business in the state of Ohio by the
			 public utilities commission of Ohio, that is engaged in an activity in the
			 territory including, but not limited to, the placement of submerged cables,
			 water intake pipes, water outfall pipes, sewer outfall pipes, storm sewer
			 outfall pipes, and the related structures necessary for protection. This
			 definition shall not include any existing fill or any proposed new fill used or
			 proposed to be used for existing buildings, expansion of existing buildings, or
			 any facilities related to the operation of the utility, including, but not
			 limited to, electric power plants, coal storage facilities, coal loading and
			 off loading facilities, or disposal sites for fly ash, bottom ash, dredged
			 materials or other products.