reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 1501 - Department of Natural Resources - Administration and Director › Chapter 1501-2 - Water Diversion › Section 1501-2-10 - Appeal procedures

Current through all regulations passed and filed through July 1, 2024
(A) No denial of an application for permit or
			 a revocation of permit, shall be valid unless the applicant is afforded the
			 opportunity for a hearing pursuant to sections
			 119.01 to
			 119.13 of the Revised Code. The
			 date set for such a hearing shall be within fifteen days but no earlier than
			 seven days after the party has requested a hearing, unless otherwise agreed to
			 by both the director or his authorized representative and the party.
(B) Upon the denial of his application, the
			 applicant shall be notified of his right to a hearing. Such notice shall be
			 given by registered mail, return receipt requested, and shall include the
			 charges or other reasons for such proposed action, the law or rule directly
			 involved, and a statement informing the party that he is entitled to a hearing
			 if he requests it within thirty days of the time of mailing the notice. The
			 notice shall also inform the party that at the hearing he may appear in person,
			 may be represented by his attorney, or by such other representative as is
			 permitted to practice before the agency, or may present his position, arguments
			 or contentions in writing and that at the hearing he may present evidence and
			 examine witnesses appearing for and against him. A copy of this notice shall be
			 mailed to attorneys or other representatives of record representing the party.
(C) At such hearing the director
			 may grant a motion to intervene. A petition to intervene may be filed by any
			 person claiming a right to intervene or having an interest of such nature that
			 intervention is necessary or appropriate to the administration of the statute
			 under which the processing is sought. Such right or interest may be a right
			 conferred by statute; an interest which may be directly affected and which is
			 not adequately represented by existing parties; and any other interest of such
			 nature that may be in the public's interest. A person may be denied
			 intervention in such matter when he fails in a timely manner to do so, or when
			 the movant's participation will not assist in the determination of the issues
			 in question, or when the intervention will unnecessarily delay the hearing.
(D) Any party adversely affected
			 by a denial or revocation of a permit by the director issued pursuant to
			 adjudication may appeal to the court of common pleas of Franklin County. Any
			 such notice of appeal shall be filed within fifteen days after the mailing of
			 notice of the director's order.
(E) The filing of the appeal does not
			 automatically stay the effectiveness of the orders of the director, and until
			 such time as the orders are reversed or otherwise declared unlawful, or a stay
			 of the orders is granted by the court, the orders shall remain in full force
			 and effect.
Ohio Administrative Code › Title 1501 - Department of Natural Resources - Administration and Director › Chapter 1501-2 - Water Diversion › Section 1501-2-11 - Public participation

Current through all regulations passed and filed through July 1, 2024
(A) Upon accepting a completed application
			 for a diversion permit required by section
			 1501.32 of the Revised Code, the
			 director shall notify local officials in the counties from which the water is
			 proposed to be exported and to which the water is proposed to be imported,
			 including but not limited to county commissioners, township trustees, and
			 mayors or managers of municipalities, that the application has been received
			 and accepted as complete. Upon determining that other counties will also be
			 impacted by the proposed diversion, the director shall notify local officials
			 in these counties as well. The director shall provide additional information
			 regarding the proposed diversion to local officials upon request.
(B) Upon accepting a completed application
			 for a diversion permit required by section
			 1501.32 of the Revised Code, the
			 director shall make a reasonable effort, through the issuance of news releases
			 or other appropriate means determined by the director, to notify the general
			 public throughout the state of Ohio that the application has been received and
			 accepted as complete. The director shall provide additional information
			 regarding the proposed diversion to members of the general public upon request.
(C) Upon determining that adequate
			 interest exists among local officials and members of the general public, the
			 director shall conduct a public meeting within sixty days from the time
			 notification is made pursuant to paragraph (A) of this rule, in order to
			 further explain the proposal and to solicit comments.
(D) The director shall accept written
			 comments regarding the proposed diversion from local officials and the general
			 public for sixty days from the time notification is made pursuant to paragraph
			 (A) of this rule.
Ohio Administrative Code › Title 1501 - Department of Natural Resources - Administration and Director › Chapter 1501-2 - Water Diversion › Section 1501-2-12 - Coordination with the federal great lakes diversion statute and the great lakes charter

Current through all regulations passed and filed through July 1, 2024
(A) Within ninety days of accepting a
			 completed application for a diversion which is subject to the provisions of
			 section 1109 of the "Water Resources Development Act of 1986," 100 Stat. 4230
			 42 U.S.C.
			 1962d-20, the director shall either:
(1) Deny the permit in accordance with the
			 provisions set forth in rule
			 1501-2-06
			 of the Administrative Code; or
(2)
			 Formulate a recommendation to approve the diversion proposal and transmit it,
			 along with the completed application and other relevant materials, to the
			 governor of Ohio for consideration pursuant to section 1109 of the "Water
			 Resource Development Act of 1986," 100 Stat. 4230,
			 42 U.S.C.
			 1962d-20.
Ohio Administrative Code › Title 1501 - Department of Natural Resources - Administration and Director › Chapter 1501-3 - Professional Design Services › Section 1501-3-01 - Definitions

Current through all regulations passed and filed through July 1, 2024
(A) Any definitions
			 set forth in section 153.65 of the Revised Code that
			 are not otherwise addressed in this rule are incorporated in these rules by
			 reference.
(B) "Chief engineer"
			 means the chief engineer of the department of natural resources, state of Ohio.
(C) "Department" means the
			 department of natural resources, state of Ohio.
(D) "Director" means the director of the
			 department of natural resources, state of Ohio, or the director's designee.
(E) "Professional design firm"
			 means any person legally engaged in rendering professional design services.
(F) "Professional design services"
			 means all services, including construction observation and management, within
			 the scope of practice of an architect or landscape architect registered under
			 Chapter 4703. of the Revised Code or a professional engineer or professional
			 surveyor registered under Chapter 4733. of the Revised Code.
(G) "Qualifications" means all of the
			 following:
(1) Competence of the professional
			 design firm to perform the required professional design services as indicated
			 by the technical training, education, and experience of the firm's personnel,
			 especially the technical training, education, and experience of the employees
			 within the firm who would be assigned to perform the services;
(2) Ability of the firm in terms of its
			 workload and the availability of qualified personnel, equipment, and facilities
			 to perform the required professional design services competently and
			 expeditiously;
(3) Past
			 performance of the firm as reflected by the evaluations of previous clients
			 with respect to such factors as control of costs, quality of work, and meeting
			 of deadlines;
(4) Other similar
			 factors.
Ohio Administrative Code › Title 1501 - Department of Natural Resources - Administration and Director › Chapter 1501-3 - Professional Design Services › Section 1501-3-03 - Pre-design and announcement

Current through all regulations passed and filed through July 1, 2024
(A) A pre-design phase for all projects
			 available for professional design services shall be conducted to determine the
			 project scope of services and requirements, the project schedule, the project
			 budget, and, if appropriate, special services or studies such as the conceptual
			 or schematic design, soil borings and testing, or other analyses.
(B) After completion of the pre-design phase,
			 the project shall be announced.
(1) The
			 announcement of the project requirements and scope of services shall be made in
			 a uniform and consistent manner, sufficiently in advance of the time that
			 proposals are to be submitted to provide an adequate opportunity for
			 professional design firms to submit statements of qualifications for the
			 project.
(2) The announcement
			 shall include a description of the project, a statement of the specific
			 professional design services required, and a description of the qualifications
			 required for the project.
(3) The
			 announcement shall indicate how qualified professional design firms
			  may submit
			 statements of qualifications in order to be considered for a contract to design
			 or render other required services for the project.
(4) The announcement
			 may be
			 sent to architect, landscape architect,
			 professional engineer, and professional surveyor trade associations, the news
			 media, and any publications or other public media deemed appropriate.
(5) The announcement
			 shall be
			 made in a bulletin called the "Ohio Register" published by the Ohio department
			 of administrative services . Additionally, the chief
			 engineer may provide information on the notices of awards of contracts for
			 design services, including fees, and for construction to the Ohio department of
			 administrative services for publication in the "Ohio Register."
Ohio Administrative Code › Title 1501 - Department of Natural Resources - Administration and Director › Chapter 1501-3 - Professional Design Services › Section 1501-3-04 - Statement of qualifications

Current through all regulations passed and filed through July 1, 2024
In response to the announcement of a
				project pursuant to rule
				1501-3-03
				of the Administrative Code, each professional design firm desiring to be
				considered for the project shall submit a statement of qualifications on a
				standard form as designated in the project announcement. As deemed appropriate,
				the department may request each professional design firm to provide additional
				information supplemental to the standard form.
Replaces: 1501-3-04
Effective:
				5/22/2011
R.C.
				119.032 review dates:
				04/22/2016
Promulgated
				Under: 119.03
Statutory
				Authority: 153.71
Rule
				Amplifies: 153.66,
				1501.011,
				1507.01
Prior
				Effective Dates: 4/17/92 (Emer.), 7/24/92, 4/20/03
Ohio Administrative Code › Title 1501 - Department of Natural Resources - Administration and Director › Chapter 1501-3 - Professional Design Services › Section 1501-3-06 - Exceptions

Current through all regulations passed and filed through July 1, 2024
This chapter does not apply to any of the following:
(A) Any project with an estimated
			 professional design fee of less than twenty-five thousand dollars.
(B) Any project determined by the director to
			 be an emergency requiring immediate action .
(C)
								 Any
			 projects requiring multiple contracts let as part of a program requiring a
			 large number of professional design firms of the same type.
Effective:
				5/22/2011
R.C.
				119.032 review dates:
				12/30/2010 and
				04/22/2016
Promulgated
				Under: 119.03
Statutory
				Authority: 153.71
Rule
				Amplifies: 153.70,
				1501.011,
				1507.01
Prior
				Effective Dates: 7/24/92
Ohio Administrative Code › Title 1501 - Department of Natural Resources - Administration and Director › Chapter 1501-4 - Acceptance of Donations; Licensing of Trademarks and Copyrights › Section 1501-4-01 - Donations

Current through all regulations passed and filed through July 1, 2024
Donations are voluntary contributions to the agency.
The department of natural resources may accept donations of
				money, equipment, material and services that benefit the department. The
				department reserves the right to accept donations based on the compatibility
				and propriety of the donor with a project and the mission and goals of the
				department. Money, material and equipment must be accounted for in accordance
				with state policies and procedures.
Donations which will require annual funding for operations and
				maintenance, or staffing, or unfunded non-recurring costs, may only be accepted
				when approved in advance by the director.
Donations may be appropriately acknowledged, but will not be
				recognized by any special privilege associated with the areas, or through the
				naming of features after living persons. Exceptions to this paragraph require
				the prior written consent of the director.
No acknowledgement shall convey an endorsement of a particular
				donor or product. An endorsement is defined as the expression of a favorable
				opinion about the quality, value, or effectiveness of a particular product,
				service, company, or organization.
The department may reject donations from any entity whose
				activities are either intended or may be construed to influence the outcome of
				any election, department permitting, contracting, or other regulatory program.
Five Year Review (FYR) Dates:
				11/06/2015 and
				11/06/2020
Promulgated
				Under: 119.03
Statutory
				Authority: 1501.02
Rule
				Amplifies: 1501.02
Prior
				Effective Dates: 5/4/00
Ohio Administrative Code › Title 1501 - Department of Natural Resources - Administration and Director › Chapter 1501-4 - Acceptance of Donations; Licensing of Trademarks and Copyrights › Section 1501-4-02 - Sponsorships

Current through all regulations passed and filed through July 1, 2024
Sponsorships are the solicited assistance of money, material,
				or service from individuals, associations or business entities to support
				department activities or department programs or projects.
The department of natural resources may solicit sponsorships of
				money, materials, or services for department programs or projects. The
				department reserves the right to select sponsors based on the compatibility and
				propriety of the sponsor with a project and with the mission and goals of the
				department. Money, material and equipment must be accounted for in accordance
				with state policies and procedures.
To recognize a sponsor for their contribution of money,
				products, or in kind services, the department may produce and display public
				acknowledgement of these sponsors. The department may also establish additional
				terms and conditions.
No acknowledgement shall convey an endorsement of a particular
				sponsor or product. An endorsement is defined as the expression of a favorable
				opinion about the quality, value, or effectiveness of a particular product,
				service, company or organization.
The department may reject sponsorships from any entity whose
				activities are either intended or may be construed to influence the outcome of
				any election, department permitting, contracting, or other regulatory program.
Five Year Review (FYR) Dates:
				11/06/2015 and
				11/06/2020
Promulgated
				Under: 119.03
Statutory
				Authority: 1501.02
Rule
				Amplifies: 1501.02
Prior
				Effective Dates: 5/4/00
Ohio Administrative Code › Title 1501 - Department of Natural Resources - Administration and Director › Chapter 1501-4 - Acceptance of Donations; Licensing of Trademarks and Copyrights › Section 1501-4-03 - Advertising

Current through all regulations passed and filed through July 1, 2024
Advertising is the nonpersonal communication of information,
				paid for and usually persuasive in nature, about products, services, or
				viewpoints by identified sponsors through various media.
The department may accept advertising in communication media
				including but not limited to brochures, posters, maps, newspapers, periodicals,
				flyers, place mats, web pages, television segments, and video productions. The
				department reserves the right to select advertisers based on the compatibility
				and propriety of the advertiser with a medium and with the mission and goals of
				the department. Money, material and equipment must be accounted for in
				accordance with state policies and procedures.
The department will not accept advertising for illegal
				activities, tobacco products, alcoholic beverage products or advertising that
				contains or conveys a political message or portrays any unsafe or improper
				activity or one that is demeaning to any protected class, including but not
				limited to minorities, ethnic groups or women.
All publications carrying advertising will include a disclaimer
				of department approval or endorsement of advertised products or advertisers.
The department may reject advertising from any entity whose
				activities are either intended or may be construed to influence the outcome of
				any election, department permitting, contracting or other regulatory program.
Five Year Review (FYR) Dates:
				11/06/2015 and
				11/06/2020
Promulgated
				Under: 119.03
Statutory
				Authority: 1501.02
Rule
				Amplifies: 1501.02
Prior
				Effective Dates: 5/4/00
Ohio Administrative Code › Title 1501 - Department of Natural Resources - Administration and Director › Chapter 1501-4 - Acceptance of Donations; Licensing of Trademarks and Copyrights › Section 1501-4-04 - Licensing

Current through all regulations passed and filed through July 1, 2024
The department of natural resources may trademark, servicemark,
				or copyright emblems and other symbols and license the use thereof by persons,
				associations or business entities. The department may establish terms and
				conditions for use of department emblems or symbols that are trademarked,
				servicemarked, or copyrighted. The department reserves the right to select
				licensees based on the compatibility and propriety of the licensee with a
				project and with the mission and goals of the department. Money, material and
				equipment must be accounted for in accordance with state policies and
				procedures.
The department may reject licensing arrangements from any
				entity whose activities are either intended or may be construed to influence
				the outcome of any election, department permitting, contracting, or other
				regulatory program.
Five Year Review (FYR) Dates:
				11/06/2015 and
				11/06/2020
Promulgated
				Under: 119.03
Statutory
				Authority: 1501.02
Rule
				Amplifies: 1501.02
Prior
				Effective Dates: 5/4/00
Ohio Administrative Code › Title 1501 - Department of Natural Resources - Administration and Director › Chapter 1501-6 - Lease of Lake Erie Submerged Lands › Section 1501-6-02 - Application

Current through all regulations passed and filed through July 1, 2024
An application shall be deemed unacceptable by the director if
				it is found to have incomplete or insufficient information for proper
				evaluation of the development, improvement or activity upon lake Erie submerged
				lands. The applicant shall be notified by the director if the application is
				unacceptable within sixty days of its receipt by the director. Upon receipt of
				said notification, the applicant may resubmit a new application for evaluation.
				The director must, within a reasonable period of time, process the application.
When the director finds that the effort to supplement the
				information on the application will be unavailing and that the application is
				not in accordance with the requirements of section
				1506.10 and
				1506.11 of the Revised Code and
				applicable rules, or that the applicant failed to respond to request for
				information within sixty days of notice, the director shall issue an order
				denying the application for a submerged lands lease, and shall notify the
				applicant of the opportunity for a hearing pursuant to section
				119.06 to
				119.13 of the Revised Code.
Ohio Administrative Code › Title 1501 - Department of Natural Resources - Administration and Director › Chapter 1501-6 - Lease of Lake Erie Submerged Lands › Section 1501-6-03 - Director's recommendations

Current through all regulations passed and filed through July 1, 2024
(A) The director's recommendation to the
			 governor as to whether to approve an application for a lease of submerged land
			 shall be based upon an evaluation of whether the development, improvement or
			 activity is consistent with the policies of the Ohio coastal management program
			 document, in accordance with section
			 1506.03 of the Revised Code and
			 does not otherwise contravene the general public's interest in lake Erie
			 submerged lands, waters of the state, fish and wildlife, or cultural or other
			 public trust resources. Notwithstanding the policies of the Ohio coastal
			 management program document, the director, in said evaluation, shall give due
			 consideration to any artificially filled area or filled portion of any area of
			 the territory or any development, improvement or activity thereon existing on
			 March 15, 1989, as set forth in this rule.
(B) Consistent with the protection of coastal
			 area resources, the department will coordinate policies and decision-making
			 with the rules and policies of other state and federal resource and regulatory
			 agencies. In considering an application for a submerged lands lease, the
			 department may solicit comments and relevant information from adjacent property
			 owners, port authorities, local jurisdictions and planning agencies, the Ohio
			 environmental protection agency, the Ohio historic preservation office, the
			 general public and other agencies or individuals as deemed appropriate by the
			 director.
(C) The department in
			 determining whether the development, improvement or activity as set forth in an
			 application for a lease will be compatible with the rights of the public and
			 the public trust uses of the affected area will consider the following:
(1) Whether the project prejudices the
			 littoral rights of any owner of land fronting on lake Erie without permission
			 of that owner.
(2) Whether the
			 project conforms to the permitted uses as regulated by the local government,
			 where applicable.
(3) Whether
			 public uses such as, navigation, water commerce, and fishing in the affected
			 area would be destroyed or greatly impaired.
(4) Whether the diminution of the area of
			 original use would be small compared to the use of the entire area.
(5) Whether the area has a history of use
			 including, but not limited to, services rendered to the general public.
Ohio Administrative Code › Title 1501 - Department of Natural Resources - Administration and Director › Chapter 1501-6 - Lease of Lake Erie Submerged Lands › Section 1501-6-04 - Public hearing/public meeting

Current through all regulations passed and filed through July 1, 2024
At any time during the lease application review period or upon
				completion of the department's evaluation, if the director finds that there is
				insufficient information upon which to base a decision, or if there are
				significant unresolved issues, the director may request the applicant to supply
				additional information and may declare that a public hearing or a public
				meeting be held to obtain the necessary information.
(A) If a public hearing is scheduled, said
			 hearing shall be held at a time and place designated by the director. The
			 hearing shall be of a formal nature. A court reporter shall be present and all
			 parties shall have an opportunity to present evidence and/or provide testimony.
			 Notice of said hearing shall be advertised in accordance with division (C) of
			 section 1506.11 of the Revised Code. All
			 costs pertaining to the hearing, including but not limited to the court
			 reporter and advertisement, shall be paid by the applicant.
(B) If the director determines that a public
			 meeting would serve to provide sufficient information to supplement the
			 administrative record and support a decision whether or not a lease may
			 properly be entered into, the director shall order a public meeting to be held
			 in the geographic locality of the applicant's lease request. Notice of said
			 public meeting shall be advertised in a manner to be determined by the
			 director. All costs of the meeting shall be paid by the applicant.
(C) The public hearing or public meeting
			 shall be limited to the gathering of information which directly pertains to the
			 application in question and to the evaluation of the development, improvement
			 or activity in accordance with section
			 1506.11 of the Revised Code and
			 rules contained herein.
Ohio Administrative Code › Title 1501 - Department of Natural Resources - Administration and Director › Chapter 1501-6 - Lease of Lake Erie Submerged Lands › Section 1501-6-05 - Lease

Current through all regulations passed and filed through July 1, 2024
A lease for lake Erie submerged land shall be prepared by the
				department of natural resources and shall contain, but not be limited to,
				language which reflects the following:
(A) A metes and bounds description of the
			 submerged land to be occupied or an alternate description referenced to the
			 applicant's upland property description that is considered adequate by the
			 director as provided by the applicant.
(B) The director shall set the period of time
			 (term) of the lease. The term of the lease shall be fifty years unless the
			 director recommends a longer or shorter term. Should the director recommend a
			 lease term less than or greater than fifty years, the director shall state in
			 writing the specific findings, rationale and justification for the differential
			 in setting the term. Applicant shall have the right of appeal in accordance
			 with sections 119.06 to
			 119.13 of the Revised Code.
(C) A complete description of the
			 development, improvement or activity upon the submerged lands. Said clause
			 shall contain the following "any change in use approved by the director, Ohio
			 department of natural resources, may also result in a re-evaluation of the
			 rent. Said lease shall be amended to reflect the proper rent as assigned by the
			 director, based upon the new use," or words of similar import.
(D) There shall be no assignment, sublease or
			 mortgage of the leasehold without the expressed written consent of the
			 director, which consent shall not be unreasonably withheld or unreasonably
			 conditioned.
(1) A written request to assign,
			 sublet, or mortgage shall be delivered by the lessee to the director not less
			 than ninety days prior to the proposed effective date thereof, and the director
			 shall respond within thirty days of the director's receipt of such request. Any
			 assignment shall be held in escrow by the closing officer of the title company,
			 bank, or attorney until the sale of the uplands has been completed. Should the
			 sale not be consummated then the assignment shall automatically be null and
			 void. If the director fails to act in any manner within ninety days of the
			 receipt of the written request, then the request shall be deemed approved by
			 the director.
(2) Rent and other
			 lease terms shall be subject to revision at time of assignment.
(3) Applicants for the director's consent to
			 sublease, assign or mortgage shall be entitled to an administrative review of
			 and appeal from any decision of the director pursuant to section
			 119.06 of the Revised Code.
Ohio Administrative Code › Title 1501 - Department of Natural Resources - Administration and Director › Chapter 1501-6 - Lease of Lake Erie Submerged Lands › Section 1501-6-11 - Determination of annual recession rates

Current through all regulations passed and filed through July 1, 2024
The process of determining annual recession rates shall include
				preparation of recession-line base maps, measurement of recession distances on
				the recession-line maps, and calculation of annual recession rates.
(A) Recession-line maps shall be prepared
			 using the following procedure.
(1) Base maps
			 shall be constructed using the most currently available imagery. Types of
			 base-map imagery may include, but are not limited to, aerial photographs,
			 remote sensing imagery, digital data, or some combination thereof. Criteria
			 used to select base-map imagery shall include, but are not limited to, complete
			 synoptic coverage of the Ohio shore where the shore is centrally located on the
			 images, adequate geographic reference points, and resolution that is adequate
			 to map a base recession line and identify cultural and physiographic features
			 on the imagery.
(2) The resulting
			 base maps shall be produced at a nominal scale of one inch equal to two hundred
			 feet; the scale of the base maps shall be verified with field measurements not
			 less than five hundred feet in length, and the true scale in feet shall be
			 noted on each individual base map.
(3) A base recession line shall be mapped on
			 the recession-line base maps as described in paragraph (R) of rule
			 1501-6-10 of the
			 Administrative Code.
(4)
			 Historical imagery used to prepare recession-line maps shall be selected from
			 charts, aerial photographs, or other imagery of the shore which are on file at
			 the department of natural resources, division of geological survey. Criteria
			 used to select this imagery for recession-line mapping shall include but are
			 not limited to those criteria listed in paragraph (A)(1) of this rule. Imagery
			 shall be acquired within a time period of not less than ten years nor greater
			 than thirty years prior to the year that the base-map imagery was acquired.
(5) Recession lines from charts,
			 aerial photographs, or other imagery shall be projected or digitally
			 transferred onto the base maps.
Ohio Administrative Code › Title 1501 - Department of Natural Resources - Administration and Director › Chapter 1501-6 - Lease of Lake Erie Submerged Lands › Section 1501-6-12 - Determination of anticipated recession distances

Current through all regulations passed and filed through July 1, 2024
The anticipated recession distance in feet for each transect
				shall be the center-weighted moving average of distances equal to thirty times
				the annual recession rate in feet per year as determined at five consecutive
				transects where: (1) the distances for the two outer transects shall be
				weighted by a factor of one; (2) the distances for the two inner transects
				shall be weighted by a factor of three; and (3) the distance for the center
				transect shall be weighted by a factor of five (figure 1). Anticipated
				recession distances less than thirty times the calculated accuracy limit shall
				be equal to zero. In no case shall the anticipated recession distance be less
				than zero.
See Figure 1 at
http://www.registerofohio.state.oh.us/pdfs/1501/0/6/1501-6-12_PH_FYR_C_RU_20090729_1320.pdf
FIGURE 1: ILLUSTRATION OF WEIGHTED FIVE-POINT MOVING AVERAGE.
				THE CENTER TRANSECT IS WEIGHTED BY A FACTOR OF FIVE, THE NEXT TWO ADJACENT
				TRANSECTS ARE WEIGHTED BY A FACTOR OF THREE, AND THE TWO EDGE TRANSECTS ARE
				WEIGHTED BY A FACTOR OF ONE.
R.C. 119.032 review dates: 07/29/2009
				and 07/25/2014
Ohio Administrative Code › Title 1501 - Department of Natural Resources - Administration and Director › Chapter 1501-6 - Lease of Lake Erie Submerged Lands › Section 1501-6-13 - Preparation of coastal erosion area maps

Current through all regulations passed and filed through July 1, 2024
Coastal erosion areas shall be delineated on coastal erosion
				area maps.
(A) Where coastal erosion
			 areas are identified, such areas shall include land lakeward of the base
			 recession line and all land that extends landward of the base recession line
			 for a distance equal to the anticipated recession distance. Where anticipated
			 recession distances are equal to zero, a coastal erosion area shall not be
			 designated, either lakeward or landward of the base recession line.
(1) The landward boundary of a coastal
			 erosion area shall be delineated by plotting on each transect a point landward
			 from the base recession line equal to the anticipated recession distance as
			 determined in rule
			 1501-6-12
			 of the Administrative Code and then drawing straight lines between these
			 points(figure 1).
(2) Where one
			 transect has a positive anticipated recession distance and an adjacent transect
			 has a zero anticipated recession distance, the coastal erosion area boundary
			 shall be delineated as follows. A boundary line shall be drawn between the
			 positive anticipated recession distance on the one transect to the base
			 recession line position on the adjacent transect (figure 2). At the point where
			 the distance between the boundary line and the base recession line equals the
			 calculated accuracy limit, the boundary line shall turn lakeward. The lakeward
			 extension of the boundary line shall extend to the shoreline and shall be
			 spaced proportionately between the transects (figure 2).
Ohio Administrative Code › Title 1501 - Department of Natural Resources - Administration and Director › Chapter 1501-6 - Lease of Lake Erie Submerged Lands › Section 1501-6-22 - Applicability of the permit requirements for construction of a permanent structure

Current through all regulations passed and filed through July 1, 2024
(A) In accordance with the provisions of
			 division (B) of section
			 1506.07 of the Revised Code and
			 the administrative rules adopted pursuant to division (A) of section
			 1506.07 of the Revised Code, a
			 permit shall be required for the erection, construction, or redevelopment of a
			 permanent structure which lies or will lie, in whole or in part, on any land
			 within a lake Erie coastal erosion area as defined in section
			 1506.06 of the Revised Code and
			 rules
			 1501-6-10 to
			 1501-6-13
			 of the Administrative Code.
(B) A
			 permit is not required under division (B) of section
			 1506.07 of the Revised Code for
			 erection, construction, or redevelopment of a permanent structure which is or
			 will be located within any county or municipal corporation that has adopted and
			 is enforcing a lake Erie coastal erosion area resolution or ordinance within
			 its zoning or building regulations, provided that the resolution or ordinance
			 has been determined to be acceptable by the director under division (D) of
			 section 1506.07 of the Revised Code.
(C) A permit is not required under
			 division (B) of section
			 1506.07 of the Revised Code for
			 erection, construction or redevelopment of a permanent structure if any other
			 required permit was issued or plan was approved for that erection, construction
			 or redevelopment by any state agency, political subdivision of this state, or
			 federal agency prior to any of the following:
(1) The effective date of these rules;
(2) The date the director notifies
			 each municipal corporation, county, and township of the final identification of
			 the coastal erosion areas pursuant to section
			 1506.06 of the Revised Code;
(3) The date the director adopts
			 the coastal management program document pursuant to section
			 1506.02 of the Revised Code.
Ohio Administrative Code › Title 1501 - Department of Natural Resources - Administration and Director › Chapter 1501-6 - Lease of Lake Erie Submerged Lands › Section 1501-6-23 - Permit application procedure

Current through all regulations passed and filed through July 1, 2024
(A) A person seeking to obtain a permit to
			 erect, construct, or redevelop a permanent structure which lies or will lie, in
			 whole or in part, on any land within a lake Erie coastal erosion area is
			 required to file an application, accompanied by necessary supporting
			 information, in accordance with rules
			 1501-6-21 to
			 1501-6-28 of the
			 Administrative Code. The application shall be on a form as specified by the
			 director, copies of which may be obtained from the department. In addition to
			 the information to be supplied on the application form, the applicant shall
			 also submit the supporting information described in paragraph (B) or (C) of
			 this rule.
(B) For a proposed
			 permanent structure protected or to be protected by an erosion control measure,
			 the application shall include the following:
(1) A general description of the proposed
			 permanent structure identifying its purpose; and
(2) A map of the project site that clearly
			 shows the location of the proposed permanent structure with respect to the lake
			 Erie shoreline; property lines; county, township, and municipal corporation
			 boundary lines; and state, county and local roads. A United States geological
			 survey (USGS) seven and one-half minute topographic map or portion thereof will
			 generally meet this requirement; and
(3) A proposed schedule of construction. The
			 schedule shall demonstrate that the erosion control measures will be
			 constructed prior to or concurrent with the erection, construction, or
			 redevelopment of the permanent structure; and
(4) Other pertinent information as may
			 reasonably be determined necessary by the department to fully evaluate the
			 application.
Ohio Administrative Code › Title 1501 - Department of Natural Resources - Administration and Director › Chapter 1501-6 - Lease of Lake Erie Submerged Lands › Section 1501-6-24 - Review of permit application

Current through all regulations passed and filed through July 1, 2024
(A) Pursuant to the requirements of division
			 (B) of section 1506.07 of the Revised Code, the
			 department shall review each application for a permit as described in paragraph
			 (B) of rule 1506-6-23[1501-6-23] of the Administrative Code to evaluate the
			 existing or proposed erosion control measures. Factors to be considered in the
			 evaluation of an erosion control measure shall include, but not be limited to,
			 the following:
(1) The potential individual
			 or cumulative impact, including any adverse effects on sand resources and
			 coastal processes; and
(2) The
			 potential for accelerating erosion along the adjacent shoreline; and
(3) The stability of the existing or proposed
			 slope; and
(4) The effectiveness
			 of existing erosion control measures at the proposed site and along the
			 adjacent shoreline; and
(5) The
			 integrity of the existing or proposed erosion control measure, its
			 appurtenances and component materials; and
(6) The effectiveness of proposed structural
			 and/or nonstructural measures to protect the permanent structure.
Ohio Administrative Code › Title 1501 - Department of Natural Resources - Administration and Director › Chapter 1501-6 - Lease of Lake Erie Submerged Lands › Section 1501-6-25 - The permit to erect, construct, or redevelop a permanent structure

Current through all regulations passed and filed through July 1, 2024
(A) A permit to
			 erect, construct, or redevelop a permanent structure which lies or will lie, in
			 whole or in part, in a lake Erie coastal erosion area shall be issued by the
			 director after approval of the application required by rule
			 1501-6-23
			 of the Administrative Code. The permit shall be valid for a period of two years
			 from the date of issue unless specified otherwise pursuant to provisions of
			 this rule. No construction shall be performed until the permit is issued by the
			 director.
(B) The permit shall
			 include conditions, as necessary, to assure that construction of the permanent
			 structure and any erosion control measure is in compliance with the approved
			 application.
(C) If the proposed
			 construction schedule required by rule
			 1501-6-23
			 of the Administrative Code exceeds a period of two years, the director may
			 issue, on written request of the applicant, a permit which is valid for a
			 longer period.
(D) If the permit
			 expires before construction has begun, no construction shall be performed, and
			 a new application with supporting information, as prescribed by rule
			 1501-6-23
			 of the Administrative Code, shall be submitted for renewed consideration.
(E) If, after construction has
			 begun, a revised construction schedule shows that the permit will expire before
			 construction is completed, the director, on written request of the applicant,
			 may extend the life of the permit. No extension shall be granted unless the
			 applicant has demonstrated to the satisfaction of the director that substantial
			 effort has been made to complete the construction.
(F) A single permit may be issued to an
			 applicant for the purpose of authorizing the erection, construction, or
			 redevelopment of more than one permanent structure on a single parcel or on
			 contiguous parcels of property owned by the applicant.
R.C. 119.032 review dates: 07/29/2009
				and 07/25/2014
Ohio Administrative Code › Title 1501 - Department of Natural Resources - Administration and Director › Chapter 1501-6 - Lease of Lake Erie Submerged Lands › Section 1501-6-26 - Inspection procedures

Current through all regulations passed and filed through July 1, 2024
(A) The director or the director's authorized
			 representative may make inspections during construction to ensure that the
			 permanent structure and any erosion protection measures are being built or
			 undertaken in compliance with the permit issued pursuant to division (B) of
			 section 1506.07 of the Revised Code. The
			 applicant shall be given reasonable prior notice of an inspection by the
			 department, and all inspections shall be performed at reasonable times for
			 conducting business.
(B) If an
			 inspection reveals that any erection, construction, or redevelopment of a
			 permanent structure is being conducted without a permit or in violation of the
			 permit or that a required erosion protection measure is not in compliance with
			 the permit, the director or the director's authorized representative may order
			 that all work shall cease until the violation has been corrected to the
			 satisfaction of the director. The director's order shall be in writing and
			 shall indicate the specific nature of the violation. The order shall remain in
			 effect until the violation has been corrected to the satisfaction of the
			 director or the director's authorized representative. The person to whom an
			 order is issued shall be afforded an adjudication hearing pursuant to Chapter
			 119. of the Revised Code. The director shall sustain the order if deemed
			 appropriate after each person allegedly liable has had a hearing or has waived
			 the right to a hearing.
R.C. 119.032 review dates: 07/29/2009
				and 07/25/2014
Ohio Administrative Code › Title 1501 - Department of Natural Resources - Administration and Director › Chapter 1501-6 - Lease of Lake Erie Submerged Lands › Section 1501-6-28 - Severability

Current through all regulations passed and filed through July 1, 2024
The invalidation by a court of a rule adopted or amended
				pursuant to section 1506.07 of the Revised Code
				shall not affect the validity of any other rule or portion thereof adopted or
				amended thereunder by the director.
R.C. 119.032 review dates: 07/29/2009
				and 07/25/2014
Ohio Administrative Code › Title 1501 - Department of Natural Resources - Administration and Director › Chapter 1501-7 - Waters from Canal or Canal Reservoir › Section 1501-7-01 - Definition of terms

Current through all regulations passed and filed through July 1, 2024
(A)
			 "Agricultural use" means water used for crop irrigation, livestock watering,
			 nurseries, or other agricultural purposes by a person engaged in the production
			 of crops, vegetables, trees, shrubs, flowers, seeds, livestock, or
			 poultry.
(B) "Applicant" means the
			 person, individual, corporation, partnership, proprietor, or public agency that
			 is making a request for a lease or sale of water.
(C) "Canal" means a constructed open channel
			 or waterway that transports water and is on canal lands as defined in section
			 1520.01 of the Revised
			 Code.
(D) "Canal reservoir" means
			 any artificial lake or impoundment created by a dam that was constructed to
			 provide water to any canal system in this state. The canal reservoirs are
			 Buckeye Lake, East Reservoir, Forty Acre Pond, Grand Lake St. Marys, Indian
			 Lake, Lake Loramie, Long Lake, Nesmith Lake, Nimisila Reservoir, North
			 Reservoir, Summit Lake, Tuscarawas River Diversion Dam Reservoir, and West
			 Reservoir.
(E) "Chief" means the
			 chief of the division of 
								parks and watercraft, department of natural
			 resources, state of Ohio.
(F)
			 "Commercial use" means water used by a business and includes, but is not
			 limited to, motels, hotels, restaurants, marinas, and golf courses.
(G) "Dam" means any artificial barrier
			 together with appurtenant works, which either does or may impound water or
			 liquefied material.
(H)
			 "Department" means the department of natural resources, state of
			 Ohio.
(I) "Director" means the
			 director of the department of natural resources, state of Ohio.
(J) "Division" means the division of
			 
								parks and
			 watercraft of the department of natural resources, state of
			 Ohio.
(K) "Domestic use" means
			 withdrawal of water from a canal or canal reservoir by an individual for use on
			 residential property by means of a pump or other device that generally has a
			 discharge line with an outside diameter of not more than one and one- half
			 inches. This definition excludes water withdrawn for public water supply
			 use.
(L) "Fire protection use" means
			 water used for firefighting and training for firefighting.
(M) "Hydroelectric power generation use"
			 means water used specifically for the generation of electricity by water
			 turbines.
(N) "Person" means any
			 agency of this state, any political subdivision of this state or the United
			 States, or any legal entity defined as a person under section
			 1.59 of the Revised
			 Code.
(O) "Public water supply use"
			 means water used by a system that pipes water for human consumption if such
			 system has at least fifteen service connections or regularly serves at least
			 twenty individuals sixty or more days out of the year.
Ohio Administrative Code › Title 1501 - Department of Natural Resources - Administration and Director › Chapter 1501-7 - Waters from Canal or Canal Reservoir › Section 1501-7-02 - Severability

Current through all regulations passed and filed through July 1, 2024
The invalidation by a court of a rule adopted or amended
				pursuant to division (B) of section
				1520.03 of the Revised Code
				
								does
				not affect the validity of any other rule or portion thereof adopted or amended
				thereunder by the director.