As Introduced
136th General Assembly
Regular Session H. B. No. 83
2025-2026
Representatives Ferguson, McClain
A BILL
To amend sections 5501.31, 5521.01, and 5521.011; to amend, for the purpose of adopting a new section number as indicated in parentheses, section 5521.011 (5521.012); and to enact new section 5521.011 of the Revised Code to clarify and amend the laws related to the Director of Transportation's responsibilities for state highways located in villages and cities.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 5501.31, 5521.01, and 5521.011 be amended; section 5521.011 (5521.012) be amended for the purpose of adopting a new section number as indicated in parentheses; and new section 5521.011 of the Revised Code be enacted to read as follows:
Sec.
5501.31. (A)
The
director of transportation shall have general supervision of all
roads comprising the state highway system. The director may alterdo
any of the following:
(1)
Alter,
widen, straighten, realign, relocate, establish, construct,
reconstruct, improve, maintain, repair, and preserve any road or
highway on the state highway system,
and, in;
(2)
In connection
therewithwith
the state highway system,
relocate, alter, widen, deepen, clean out, or straighten the channel
of any watercourse as the director considers necessary,
and purchase;
(3)
Purchase or
appropriate property for the disposal of surplus materials or borrow
pits,
and, where;
(4) Where an established road has been relocated, establish, construct, and maintain such connecting roads between the old and new location as will provide reasonable access thereto.
(B)(1) The director may purchase or appropriate property necessary for any of the following:
(a)
The location
or construction of any culvert, bridge, or viaduct, or the approaches
thereto,
including any property needed to;
(b)
To extend,
widen, or alter any feeder or outlet road, street, or way adjacent to
or under the bridge or viaduct when the
extension, widening, or alteration of the feeder road, street, or way
is necessary
for the full utilization of the bridge or viaduct,
or for any;
(c)
The location or construction of any other
highway improvement. The
(2)
Incident to any highway improvement that the director is or may be
authorized to locate or construct, the director
may purchase or appropriate,
for such length of time as is necessary and desirable,
any additional property required for the construction and maintenance
of slopes, detour roads, sewers, roadside parks, rest areas,
recreational park areas, park and ride facilities, and
park
and carpool or vanpool facilities, scenic view areas, drainage
systems, or land to replace wetlands,
incident to any highway improvement, that the director is or may be
authorized to locate or construct.
Also
incident
(3)
Incident to
any authorized highway improvement, the director may purchase
property from a willing seller as
required for
the
either
of the following:
(a)
The construction
and maintenance of bikeways and bicycle paths
or to;
(b) To replace, preserve, or conserve any environmental resource if the replacement, preservation, or conservation is required by state or federal law.
(C)
Title
to property purchased or appropriated by the director shall be taken
in the name of the state either in fee simple or in any lesser estate
or interest that the director considers necessary or proper,
in .
The title shall be in accordance
with forms to be prescribed by the attorney general. The deed shall
contain a description of the property and be recorded in the county
where the property is situated
and, when .
When recorded,
the
deed shall
be kept on file in the department of transportation. The property may
be described by metes and bounds or by the department of
transportation parcel number as shown on a right of way plan recorded
in the county where the property is located.
Provided
that when property, other than property used by a railroad for
operating purposes, is acquired in connection with improvements
involving projects affecting railroads wherein the department is
obligated to acquire property under grade separation statutes, or on
other improvements wherein the department is obligated to acquire
lands under agreements with railroads, or with a public utility,
political subdivision, public corporation, or private corporation
owning transportation facilities for the readjustment, relocation, or
improvement of their facilities,(D)(1)
The director may acquire
a fee simple title or an easement may
be acquired in
property by
purchase or appropriation in the name of the
a
railroad,
public utility, political subdivision, public corporation, or private
corporation in
the discretion of the directorfor
any of the following purposes:
(a) Improvements for projects affecting railroads when the department is obligated to acquire the property under grade separation statutes;
(b) Improvements when the department is obligated to acquire the property under agreements with railroads;
(c)
The readjustment, relocation or improvement of transportation
facilities owned by the railroad, public utility, political
subdivision, public corporation, or private corporation.
When
(2)
When the
title to lands,
which are required to adjust, relocate, or improve such facilities
pursuant to agreements with the director,property
is taken in the name of the state
under division (D)(1) of this section,
then, in the discretion of the director, the title to such lands
property
may
be conveyed to the railroad, public utility, political subdivision,
or public corporation for which they
were it
was acquired.
The conveyance shall be prepared by the attorney general and executed
by the governor and bear the great seal of the state of Ohio.
(3) Division (D) of this section does not apply to property used by a railroad for operating purposes.
(E)
The
director, in the maintenance or repair of state highways, is not
limited to the use of the materials with which the highways,
including the bridges and culverts thereon, were originally
constructed, but may use any material that is proper or suitable. The
director may aid any board of county commissioners in establishing,
creating, and repairing suitable systems of drainage for all highways
within the jurisdiction or control of the board
and .
The director may advise
with
it the
board and the county engineer as
to the establishment, construction, improvement, maintenance, and
repair of the highways.
(F) Chapters 4561., 5501., 5503., 5511., 5513., 5515., 5516., 5517., 5519., 5521., 5523., 5525., 5527., 5528., 5529., 5531., 5533., and 5535. of the Revised Code do not prohibit the federal government, any government agency, or any individual or corporation, from contributing a portion of the cost of the establishment, construction, reconstruction, relocating, widening, resurfacing, maintenance, and repair of the highways or transportation facilities.
Except
in the case of maintaining, repairing, erecting traffic signs on, or
pavement marking of state highways within villages, which is
mandatory as required by section 5521.01 of the Revised Code, and
except as provided in section 5501.49 of the Revised Code, no duty of
constructing, reconstructing, widening, resurfacing, maintaining, or
repairing state highways within municipal corporations, or the
culverts thereon, shall attach to or rest upon the director, but the
director may construct, reconstruct, widen, resurface, maintain, and
repair the same with or without the cooperation of any municipal
corporation, or with or without the cooperation of boards of county
commissioners upon each municipal corporation consenting thereto.
Sec. 5521.01. (A) Except as provided in division (B) of this section and section 5501.49 of the Revised Code, the director has no duty to construct, reconstruct, widen, resurface, maintain, or repair a state highway or a culvert thereon within a municipal corporation.
(B)
The
director of transportation, upon
the request by and the approval of in
consultation with the
legislative authority of a village, shall maintain,
repair, and apply do
both of the following:
(1) Maintain and repair any section of a state highway within the limits of the village;
(2)
Apply standard
longitudinal
pavement
marking lines
as the director considers appropriate, or on
any section of a state highway within the limits of the village.
(C)
The director, upon the request by and the approval of the legislative
authority of a village, may
establish,do
both of the following:
(1)
Establish,
construct, reconstruct, improve, or widen any section of a state
highway within the limits of a
the
village.
The director also may erect,
including the elimination of railway grade crossings;
(2)
Erect regulatory
and warning signs, as defined in the manual adopted under section
4511.09 of the Revised Code, on any section of a state highway within
the limits of a
the
village.
The
(D)
The director,
upon the request by and approval of the legislative authority of a
city,
may establishdo
either of the following:
(1)
Establish,
construct, reconstruct, improve, widen, maintain, or repair any
section of state highway within the limits of a
the
city,
including the elimination of railway grade crossings,
and;
(2) Erect regulatory and warning signs, as defined in the manual adopted under section 4511.09 of the Revised Code, on any section of a state highway within the limits of the city.
(E)
The director may pay
the entire or any part of the cost and expense thereof
incurred
from any activity described in divisions (B) to (D) of this section
from
state funds,
but in all cases the director first shall obtain the consent of the
legislative authority of the municipal corporation, except that .
(F)
Notwithstanding any other provision of this section to the contrary,
the
director need not obtain the consent of the
a
municipal
corporation if the
either
of the following apply:
(1)
The existing
highway being changed or the location of an additional highway being
established was not within the corporate limits of the municipal
corporation at the time the director determines the establishment or
change should be made,
or if the;
(2) The director is acting pursuant to section 5501.49 of the Revised Code or any other provision that expressly gives the director such authority.
Except
as provided in section 5501.49 of the Revised Code, when in the
opinion of the director there is urgent need to establish a state
highway, which is to be designated a federal aid highway, or a
federal aid interstate highway within a municipal corporation or, in
the opinion of the director, any federal aid highway or interstate
federal aid highway is in urgent need of repair, reconstruction,
widening, improvement, or relocation, so as to accommodate the
traveling public, the director shall submit a written request to the
legislative authority of the municipal corporation for its consent to
the desired establishment or improvement. The legislative authority,
within sixty days after the written request has been received from
the director, either shall grant its consent to the establishment or
improvement or refuse consent by filing in writing with the director
a statement of its reasons for refusing consent and any alternate
proposals it considers reasonable. If the legislative authority fails
to act or refuses consent, the director, upon consideration of the
reasons for rejection, may make a resolution declaring the necessity
of the establishment or improvement, and then proceed in the same
manner as if consent had been given. A certified copy of the
resolution shall be served upon the municipal legislative authority,
which, within twenty days from the date of service, may appeal to the
court of common pleas of the county in which the municipal
corporation is situated, upon the reasonableness and necessity of the
action provided for in the resolution. In the hearing upon appeal,
the director shall introduce the record of the director's
proceedings, including the director's findings with respect to
factors referred to in section 5521.011 of the Revised Code, and such
other competent evidence as the director desires in support of the
director's resolution, and the municipality likewise may introduce
competent evidence opposing the resolution, and findings. The court
may affirm or revoke the resolution. The decision of the common pleas
court may be appealed to the court of appeals and the supreme court
as in other cases. If the court affirms the resolution, the director
may proceed with the establishment or improvement with or without the
cooperation of the municipal corporation. Any such municipal
corporation may cooperate with the director in the work and pay such
portion of the cost as is agreed upon between the municipal
corporation and the director. The legislative authority of any
municipal corporation desiring to cooperate, by resolution, may
propose such cooperation to the director, and a copy of the
resolution, which shall set forth the proportion of the cost and
expense to be contributed by the municipal corporation, shall be
filed with the director. The director shall cause to be prepared the
necessary surveys, plans, profiles, cross sections, estimates, and
specifications and shall file copies of them with the legislative
authority of the municipal corporation. After the legislative
authority has approved the surveys, plans, profiles, cross sections,
estimates, and specifications, and after the municipal corporation
has provided the funds necessary to meet the portion of the cost of
the work assumed by it, the municipal corporation shall enter into a
contract with the state providing for payment by the municipal
corporation of the agreed portion of the cost. The form of the
contract shall be prescribed by the attorney general, and such
contracts shall be submitted to the director and approved before the
receipt of bids. Section 5705.41 of the Revised Code applies to such
contract to be made by the municipal corporation, and a duplicate of
the certificate of the chief fiscal officer of the municipal
corporation shall be filed in the office of the director. That part
of the cost of the work assumed by the municipal corporation shall be
paid from the proceeds of taxes or special assessments, or both, or
from the proceeds of notes or bonds issued and sold in anticipation
of the collection of the taxes and assessments. For the purpose of
providing funds for the payment of that part of the cost of the work
assumed by the municipal corporation, the municipal corporation has
the same authority to make special assessments, levy taxes, and issue
bonds or notes, in anticipation of the collection of the same, as it
has with respect to improvements constructed under the sole
supervision and control of the municipal corporation. All such
assessments shall be made, taxes levied, and bonds or notes issued
and sold under such conditions and restrictions as may be provided
with respect to assessments, taxes, bonds, or notes made, levied,
issued, or sold in connection with improvements of the same class and
character constructed under the sole supervision and control of the
municipal corporation. The improvement shall be constructed under the
sole supervision of the director. The proportion of the cost and
expense payable by the municipal corporation shall be paid by the
proper officers thereof, upon the requisition of the director, and at
times during the progress of the work as may be determined by the
director or as may be otherwise provided by law.
Sec. 5521.011. (A)(1) Except as otherwise provided by law, when there is an urgent need to accommodate the traveling public, the director of transportation shall submit a written request to the legislative authority of a municipal corporation for its consent to either of the following:
(a) The establishment of a state highway within a municipal corporation that will be designated a federal aid highway or federal aid interstate highway;
(b) The repair, reconstruction, widening, improvement, or relocation of a federal aid highway or interstate federal aid highway.
(2) The legislative authority, within sixty days after receiving the written request from the director, shall do one of the following:
(a) Grant its consent to the request;
(b) Refuse its consent by filing, in writing with the director, a statement of its reasons for refusing consent and any alternate proposals it considers reasonable.
(B)(1) If the legislative authority refuses consent under division (A)(2) of this section, or fails to act, the director, upon consideration of any reasons for the refusal to consent, may adopt a resolution declaring the necessity of the actions specified in the request for consent. The director may then proceed in the same manner as if consent had been given. A certified copy of the resolution shall be served upon the legislative authority.
(2) Within twenty days from the date of service, the legislative authority may appeal to the court of common pleas of the county in which the municipal corporation is located. The legislative authority, in the appeal, shall address the reasonableness and necessity of the action provided for in the director's resolution.
(3) In the hearing upon appeal, the director shall introduce all of the following:
(a) The record of the director's proceedings;
(b) The director's findings with respect to factors referred to in section 5521.012 of the Revised Code;
(c) Any other competent evidence in support of the director's resolution.
(4) The legislative authority likewise may introduce competent evidence opposing the resolution and the director's findings.
(5) The court may affirm or revoke the resolution. The decision of the common pleas court may be appealed to the court of appeals and the supreme court as in other cases. If the court affirms the resolution, the director may proceed with the actions specified in the resolution with or without the cooperation of the municipal corporation.
(C) A municipal corporation may cooperate with the director in the work authorized by this section and pay such portion of the cost as is agreed upon between the municipal corporation and the director. The legislative authority of the municipal corporation, by resolution, shall set forth the proportion of the cost and expense to be contributed by the municipal corporation, and shall file a copy of the resolution with the director.
(D)(1) The director shall have the necessary surveys, plans, profiles, cross sections, estimates, and specifications prepared and shall file copies of them with the legislative authority of the municipal corporation.
(2) The municipal corporation and the state shall enter into a contract after both of the following occur:
(a) The legislative authority approves the surveys, plans, profiles, cross sections, estimates, and specifications.
(b) The municipal corporation provides the funds necessary to meet its portion of the cost of the work assumed by it.
(3) The attorney general shall prescribe the form of the contract and the contract shall be submitted to the director and approved before the receipt of bids.
(4) Section 5705.41 of the Revised Code applies to all such contracts. A duplicate of the certificate of the chief fiscal officer of the municipal corporation shall be filed in the director's office.
(E)(1) The municipal corporation shall pay its portion of the costs from either of the following:
(a) The proceeds of taxes or special assessments, or both;
(b) The proceeds of notes or bonds issued and sold in anticipation of the collection of the taxes and assessments.
(2) For the purpose of providing funds for its share of the cost, the municipal corporation may make special assessments, levy taxes, and issue bonds or notes, in anticipation of the collection of the same, as it would for improvements constructed under the sole supervision and control of the municipal corporation. All such assessments shall be made, taxes levied, and bonds or notes issued and sold under such conditions and restrictions as though the improvements were of the same class and character and constructed under the sole supervision and control of the municipal corporation.
(F) The improvement shall be constructed under the sole supervision of the director. The proper officers of the municipal corporation shall pay the proportion of the municipal corporation's cost and expense upon the requisition of the director and at times during the progress of the work as the director determines or as otherwise provided by law.
(G) Section 5521.01 of the Revised Code governs the responsibility for the ongoing maintenance or repair of any improvement constructed under this section.
Sec.
5521.011
5521.012.
(A)
In
determining new highway locations the director shall consider the
following factors, wherever applicable, and include such
considerations in the record of his
the director's
proceedings: national
(1)
National defense;
economic
(2)
Economic activity;
employment
(3)
Employment;
open
(4)
Open spaces;
existing
(5)
Existing park
lands; recreation
(6)
Recreation;
fire
(7)
Fire protection;
esthetics
(8)
Esthetics;
public
(9)
Public utilities;
safety
(10)
Safety;
residential
(11)
Residential character
and location; religious
(12)
Religious institutions
and practices; rights
(13)
Rights and
freedoms of individuals; conduct
(14)
Conduct and
financing of government; conservation
(15)
Conservation;
property
(16)
Property values;
replacement
(17)
Replacement housing;
education
(18)
Education and
disruption of school district operations; specific
(19)
Specific numbers
of families and businesses displaced; engineering
(20)
Engineering,
right-of-way, and construction costs for proposed highway facilities
and related transportation facilities; maintenance
(21)
Maintenance of
highway facilities and other transportation facilities; use
(22)
Use of
highways and other transportation facilities, and user costs; and
operation
(23) Operation of highway facilities and other transportation facilities during construction and following completion.
(B) Documentation should cover the consideration given to each determinant, including a statement as to which were not considered significant as between alternatives.
Section 2. That existing sections 5501.31, 5521.01, and 5521.011 of the Revised Code are hereby repealed.