As Introduced

136th General Assembly

Regular Session S. B. No. 316

2025-2026

Senator Brenner

To enact section 4963.50 of the Revised Code to give specified local governments the authority to unilaterally approve an encroachment on a railroad company's right-of-way for certain utility work.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That section 4963.50 of the Revised Code be enacted to read as follows:

Sec. 4963.50. (A) As used in this section, "utility provider" has the same meaning as in section 5515.10 of the Revised Code.

(B) Notwithstanding any provision of law to the contrary, if a utility provider seeks to conduct work in the interest of health, safety, or public benefit and that work will result in an encroachment on a railroad company's right-of-way or near the railroad company's right-of-way, the utility provider may, in lieu of obtaining the railroad company's permission to engage in such work, apply to either of the following for permission to conduct the work:

(1) If the encroachment is proposed inside the territory of a municipal corporation, the legislative authority of the municipal corporation where the encroachment is proposed;

(2) If the encroachment is proposed outside of a municipal corporation, the board of county commissioners of the county where the encroachment is proposed.

(C) The legislative authority or board of county commissioners may grant permission to a utility provider after giving reasonable notice to any affected railroad company.