Ohio Administrative Code › Title 1501:3 - Division of Forestry › Chapter 1501:3-12 - Control of Pollutants from Areas Used for Agriculture or Silviculture › Section 1501:3-12-05 - Timber harvest plans

Current through all regulations passed and filed through July 1, 2024
(A)
								Any person who
			 owns, operates, or is responsible for a silvicultural operation may develop and
			 operate under a timber harvest plan developed or approved by the chief, the
			 chief's designee, or the board of supervisors of the applicable district. The
			 district shall approve or disapprove timber harvest plans and shall maintain a
			 record of their actions. Plans may also be submitted by the owner or operator
			 to the chief for approval. All plans shall be developed using a timber harvest
			 plan form approved by the chief and meet the standards for forestry pollution
			 abatement contained in rules
			 1501:3-12-02
			 to
			 1501:3-12-08 of
			 the Administrative Code. Any portion of a timber harvest plan specifying
			 control of forestry pollution shall allow the owner or operator to phase in
			 installation of best management practices under a schedule approved by the
			 chief or the chief's designee until compliance with rules
			 1501:3-12-02
			 to
			 1501:3-12-08 of
			 the Administrative Code is accomplished.
(1)
									If the chief or
			 the chief's designee determines that any person owning or responsible for a
			 silvicultural operation is managing such operation in accordance with a timber
			 harvest plan currently approved by the chief or the chief's designee, the
			 person shall be considered in compliance with the state rules for forestry
			 pollution abatement. In a private civil action for nuisances involving forestry
			 pollution, it is an affirmative defense if the person owning, operating, or
			 otherwise responsible for silvicultural operations is operating under and in
			 substantial compliance with an approved timber harvest plan.
(2)
									In the event that
			 the district finds that a timber harvest plan does not meet forestry pollution
			 abatement standards as contained in these rules, the district shall provide a
			 written explanation, by certified mail, listing all the deficiencies to be
			 corrected, to the person who submitted the plan. Any person may appeal the
			 district's decision to the chief. Upon such appeal, the chief shall review the
			 plan for compliance with those standards, and uphold the district's action or
			 reverse it. If the chief reverses the district's action the plan shall be
			 deemed approved. In either case, the chief shall make such determination within
			 thirty days of receiving the appeal and shall inform the owner or operator and
			 the district of his decision in writing. Such notification shall include the
			 reasons for the chief's decision.
(3)
									In the event that
			 any person operating or owning a silvicultural operation in accordance with an
			 approved timber harvest plan who, in good faith, is following that plan, causes
			 forestry pollution, the plan shall be revised in a manner necessary to mitigate
			 the forestry pollution, as determined and approved by the district board or
			 chief.
(4)
									In the event that the district board determines that it
			 lacks staff or expertise to adequately review a timber harvest plan, the
			 district board of supervisors may submit such a plan to the chief for review
			 and approval or disapproval.