Ohio Administrative Code › Title 1501 - Department of Natural Resources - Administration and Director › Chapter 1501-6 - Lease of Lake Erie Submerged Lands › Section 1501-6-27 - Review of administrative and enforcement activities of counties or municipal corporations which have adopted lake Erie coastal erosion area resolutions or ordinances

Current through all regulations passed and filed through July 1, 2024
(A) Beginning on the thirty-first day of
			 January following the director's notice that the lake Erie coastal erosion area
			 resolution or ordinance of a county or municipal corporation meets or exceeds
			 the standards of division (B) of section
			 1506.07 of the Revised Code, and
			 every two years thereafter, the legislative authority of the county or
			 municipal corporation shall submit to the director, on a form provided by the
			 department, a report of the county's or municipal corporation's relevant
			 administrative and enforcement activities during the previous two years.
(B) The department shall review
			 the reports to assure compliance with section
			 1506.07 of the Revised Code
			 including, but not limited to, verification of the locations of permitted
			 permanent structures relative to coastal erosion areas.
(C) If, at any time, the director determines
			 that a lake Erie coastal erosion area resolution or ordinance adopted by a
			 county or municipal corporation is being inadequately administered or enforced,
			 the director shall so notify the legislative authority of the county or
			 municipal corporation, identifying the scope of the administrative or
			 enforcement deficiencies and the procedure established in paragraph (D) of this
			 rule for the legislative authority's response.
(D) After the director notifies the affected
			 legislative authority of the deficiency, the following procedure shall apply:
(1) Within thirty days of the date of mailing
			 of the director's notice that the resolution or ordinance is being inadequately
			 administered or enforced, the legislative authority of the county or municipal
			 corporation shall respond, in writing, to the director, addressing the
			 identified deficiencies and describing with specificity any proposed remedies
			 thereto.
(2) Within thirty days of
			 the date of mailing of the written response from the legislative authority of
			 the county or municipal corporation, the director shall make a final
			 determination as to whether or not the legislative authority's response
			 adequately addresses the identified deficiencies and provides for their
			 correction.
(3) If the director
			 makes a final determination that a lake Erie coastal erosion area resolution or
			 ordinance is being inadequately administered or enforced by a county or
			 municipal corporation, the permit requirements of division (B) of section
			 1506.07 of the Revised Code
			 shall be reinstated within the territory of the affected county or municipal
			 corporation.
(4) During any period
			 in which the director has determined that a lake Erie coastal erosion area
			 resolution or ordinance adopted by a county or municipal corporation is being
			 inadequately administered or enforced, all applications to erect, construct, or
			 redevelop a permanent structure in a lake Erie coastal erosion area shall be
			 subject to joint review by the director and the county or municipal
			 corporation. During this period, the county or municipal corporation shall not
			 issue any permit for construction, erection, or redevelopment of a permanent
			 structure which lies or will lie, in whole or in part, in a lake Erie coastal
			 erosion area without the specific written approval of the director. The period
			 of joint review shall commence on the fifth day after the date of mailing of
			 the director's notice of deficiency and shall be effective until such time as
			 the director is satisfied that any identified deficiencies have been adequately
			 addressed by the legislative authority of the county or municipal corporation.
R.C. 119.032 review dates: 07/29/2009
				and 07/25/2014