As Introduced
136th General Assembly
Regular Session S. B. No. 433
2025-2026
Senator Gavarone
To amend sections 1506.01, 1506.02, 1506.06, 1506.10, 1506.11, 1506.40, 1506.41, and 1506.44 and to enact sections 1506.401, 1506.402, and 1506.403 of the Revised Code to alter the law governing coastal management.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 1506.01, 1506.02, 1506.06, 1506.10, 1506.11, 1506.40, 1506.41, and 1506.44 be amended and sections 1506.401, 1506.402, and 1506.403 of the Revised Code be enacted to read as follows:
Sec. 1506.01. As used in this chapter:
(A) "Coastal area" means the waters of Lake Erie, the islands in the lake, and the lands under and adjacent to the lake, including transitional areas, wetlands, and beaches. The coastal area extends in Lake Erie to the international boundary line between the United States and Canada and landward only to the extent necessary to include shorelands, the uses of which have a direct and significant impact on coastal waters as determined by the director of natural resources.
(B) "Coastal management program" means the comprehensive action of the state and its political subdivisions cooperatively to preserve, protect, develop, restore, or enhance the resources of the coastal area and to ensure wise use of the land and water resources of the coastal area, giving attention to natural, cultural, historic, and aesthetic values; agricultural, recreational, energy, and economic needs; and the national interest. "Coastal management program" includes the establishment of objectives, policies, standards, and criteria concerning, without limitation, protection of air, water, wildlife, rare and endangered species, wetlands and natural areas, and other natural resources in the coastal area; management of coastal development and redevelopment; preservation and restoration of historic, cultural, and aesthetic coastal features; and public access to the coastal area for recreation purposes.
(C) "Coastal management program document" means a comprehensive statement consisting of, without limitation, text, maps, and illustrations that is adopted by the director in accordance with this chapter, describes the objectives, policies, standards, and criteria of the coastal management program for guiding public and private uses of lands and waters in the coastal area, lists the governmental agencies, including, without limitation, state agencies, involved in implementing the coastal management program, describes their applicable policies and programs, and cites the statutes and rules under which they may adopt and implement those policies and programs.
(D) "Person" means any agency of this state, any political subdivision of this state or of the United States, and any legal entity defined as a person under section 1.59 of the Revised Code.
(E) "Director" means the director of natural resources or the director's designee.
(F) "Permanent structure" means any residential, commercial, industrial, institutional, or agricultural building, any mobile home as defined in division (O) of section 4501.01 of the Revised Code, any manufactured home as defined in division (C)(4) of section 3781.06 of the Revised Code, and any septic system that receives sewage from a single-family, two-family, or three-family dwelling, but does not include any recreational vehicle as defined in section 4501.01 of the Revised Code.
(G) "State agency" or "agency of the state" has the same meaning as "agency" as defined in section 111.15 of the Revised Code.
(H) "Coastal flood hazard area" means any territory within the coastal area that has been identified as a flood hazard area under the "Flood Disaster Protection Act of 1973," 87 Stat. 975, 42 U.S.C.A. 4002, as amended.
(I) "Coastal erosion area" means any territory included in Lake Erie coastal erosion areas identified by the director under section 1506.06 of the Revised Code.
(J) "Conservancy district" means a conservancy district that is established under Chapter 6101. of the Revised Code.
(K) "Park board" means the board of park commissioners of a park district that is created under Chapter 1545. of the Revised Code.
(L)
"Erosion control structuremeasure"
means a coastal
structure
or coastal restoration
that is designed solely
and specifically primarily
to
reduce or control avulsion
or erosion
of the shore along or near Lake Erie, including, without limitation,
beaches,
revetments,
seawalls, bulkheads, certain breakwaters, and similar
structuresmeasures.
(M)
"Shore
Coastal
structure"
includes, but is not limited to, beaches;
means
any structure constructed along or near the Ohio shoreline of Lake
Erie, or within the waters of Lake Erie, that may affect shore
erosion, wave action, or inundation including retaining walls;
groins;
revetments; bulkheads; seawalls; breakwaters; certain
dikes designated by the chief of the division of water resources;
piers;
docks; jetties; wharves; marinas; boat ramps; and
boathouses; and any
associated fill or
debris used
as part of the construction of shore
such
structures
that may affect shore erosion, wave action, or inundation; and fill
or debris that is placedalong or near the shore, including bluffs,
banks, or beach ridges, for the purpose of stabilizing slopes.
(N) "Coastal restoration" means restoration or enhancement of lost natural coastal features along the shoreline of Lake Erie such as beaches, dunes, wetlands, and associated uplands, or creation or enhancement of beneficial natural coastal features such as beaches, nature-based shorelines, wetlands, and other coastal habitats.
(O) "Accretion" means the gradual and imperceptible enlargement of the shore or other upland through the natural deposit of sediment, sand, or other materials along the shore.
(P) "Avulsion" means the sudden and perceptible loss of the shore or other upland due to natural forces such as, without limitation, floods, storms, or wave action.
(Q) "Governmental" means any agency of the state or any political subdivision of the state, including a county or municipal corporation.
(R) "Natural shoreline" means the line, which moves over time under the natural processes of accretion, reliction, erosion, and submergence, at which the water usually stands when free from disturbing causes.
(S) "Disturbing causes" means sudden, extraordinary, dramatic or relatively short term actions or processes that are perceptible when occurring, such as storms, storm surge, wind, waves, seiche, harbor resonance, avulsion, or flooding. "Disturbing causes" does not include the gradual and imperceptible processes of accretion, reliction, erosion, or submergence.
(T) "Erosion" means the process by which the action of water gradually and imperceptibly causes the shore or other upland to be worn, lost, or carried away from natural causes.
(U) "Facility" means any development or improvement constructed in Lake Erie, including existing fills, that is owned or operated by a utility or governmental entity.
(V) "Utility" means any utility company regulated by, within the jurisdiction of, registered with, or licensed to do business in the state of Ohio by the public utilities commission.
(W) "Reliction" means the gradual and imperceptible retreat or recession of the water from natural causes.
(X) "Submergence" means the gradual and imperceptible inundation of land by adjoining waters.
Sec. 1506.02. (A) The department of natural resources is hereby designated the lead agency for the development and implementation of a coastal management program. The director of natural resources:
(1)
Shall develop and adopt the coastal management program document. The
director shall cooperate and coordinate with other agencies of the
state and its political subdivisions in the development of the
document. Before adopting the document, the director shall hold four
public hearings on it in the coastal area, and may hold additional
public meetings, to give the public the opportunity to make comments
and recommendations concerning its terms. The director shall consider
the public comments and recommendations before adopting the document.
The director may amend the coastal management program document,
provided that, prior to making changes in it, the director notifies
by
mail those
persons
who submitted comments and recommendations concerning the original
document and appropriate agencies of the state and its political
subdivisions
and organizations on the list maintained by the director under
division (A)(3)(a) of this section and also causes public notice of
any changes to be given by posting on the official public notice web
site established under section 125.182 of the Revised Code and on the
web site of the department of natural resources.
The director may
shall
hold
at least one public hearing on the proposed changes.
(2) Shall administer the coastal management program in accordance with the coastal management program document, this chapter, and rules adopted under it;
(3) Shall adopt and may amend or rescind rules under Chapter 119. of the Revised Code for the implementation, administration, and enforcement of the coastal management program and the other provisions of this chapter. Before the adoption, amendment, or rescission of rules under division (A)(3) of this section, the director shall do all of the following:
(a)
Maintain a list of interested public
persons
and
private
organizations
and mail
send
notice
to those persons
and organizations
of any proposed rule or amendment to or rescission of a rule at least
thirty days before any public hearing on the proposal;
(b)
Mail
Send
a
copy of each proposed rule, amendment, or rescission to any person
who requests a copy within five days after receipt of the request;
(c) Consult with appropriate statewide organizations and units of local government that would be affected by the proposed rule, amendment, or rescission.
Although
the director is expected to discharge these duties diligently,
failure to mail any notice or copy or to so consult with any person
is not jurisdictional and shall not be construed to invalidate any
proceeding or action of the director.
(4) Shall provide for consultation and coordination between and among state agencies, political subdivisions of the state, and interstate, regional, areawide, and federal agencies in carrying out the purposes of the coastal management program and the other provisions of this chapter;
(5) Shall, to the extent practicable and consistent with the protection of coastal area resources, coordinate the rules and policies of the department of natural resources with the rules and policies of other state and federal agencies to simplify and consolidate the regulation of activities along the Lake Erie shoreline;
(6) May, to accomplish the purposes of the coastal management program and the other provisions of this chapter, contract with any person and may accept and expend gifts, bequests, and grants of money or property from any person.
(B) Every agency of the state, upon request of the director, shall cooperate with the department of natural resources in the implementation of the coastal management program.
(C) The director shall establish a coastal management assistance grant program. Grants may be awarded from federal funds received for that purpose and from such other funds as may be provided by law to any municipal corporation, county, township, park district created under section 511.18 or 1545.04 of the Revised Code, conservancy district established under Chapter 6101. of the Revised Code, port authority, other political subdivision, state agency, educational institution, or nonprofit corporation to help implement, administer, or enforce any aspect of the coastal management program. Grants may be used for any of the following purposes:
(1) Feasibility studies and engineering reports for projects that are consistent with the policies in the coastal management program document;
(2) The protection and preservation of wetlands, beaches, fish and wildlife habitats, minerals, natural areas, prime agricultural land, endangered plant and animal species, or other significant natural coastal resources;
(3)
The management of shoreline development to prevent loss of life and
property in coastal flood hazard areas and coastal erosion areas, to
set prioitiespriorities
for water-dependent energy, commercial, industrial, agricultural, and
recreational uses, or to identify environmentally acceptable sites
for dredge spoil disposal;
(4) Increasing public access to Lake Erie and other public places in the coastal area;
(5) The protection and preservation of historical, cultural, or aesthetic coastal resources;
(6) Improving the predictability and efficiency of governmental decision making related to coastal area management;
(7) Adopting, administering, and enforcing zoning ordinances or resolutions relating to coastal flood hazard areas or coastal erosion areas;
(8) The redevelopment of deteriorating and underutilized waterfronts and ports;
(9) Providing financial assistance to any owner of littoral property abutting Lake Erie to protect the owner's private property rights;
(10) Other purposes approved by the director.
Sec.
1506.06. (A)
The director of natural resources, using the best available
scientific records, data, and analyses of shoreline recession, shall
make a preliminary identification of Lake Erie coastal erosion areas,
which are the land areas anticipated to be lost by
recession of the
Lake Erie-related
erosion Erie
shoreline within
a thirty-year period if no additional approved erosion control
measures are completed within that time. The preliminary
identification shall state the bluff recession rates for the coastal
erosion areas and shall take into account areas where substantial
filling, protective measures, or naturally stable land has
significantly reduced recession. Prior to making the preliminary
identification, the director shall consult with the appropriate
authority of each municipal corporation, county, and township having
territory within an area that the director proposes to identify as a
Lake Erie coastal erosion area. Upon
Upon
making
the preliminary identification, the director shall notify by
certified mail the appropriate authority of each municipal
corporation, county, and township having territory within a Lake Erie
coastal erosion area of the preliminary identification. The notice
shall delineate the portion of a Lake Erie coastal erosion area
within the jurisdiction of, and shall be made available for public
inspection by, the municipal corporation, county, or township. The
director also shall publish
a notice in a newspaper of general circulation in each affected
locality stating that the preliminary identification has been made
and stating where information delineating the Lake Erie coastal
erosion areas may be inspected by the public and shall notify
each landowner of record in a coastal erosion area of the preliminary
identification. The notification shall be sent by certified mail to
the affected
landowner
at the address indicated in the most recent tax duplicate. Within
sixty
thirty
days
after the notifications required by this division, the director shall
hold public hearings
meetings
in
each of the shoreline counties on the preliminary identification of
the Lake Erie coastal erosion areas. Any
Any
affected
municipal corporation, county, township, or private landowner may
file with the director a written objection to the preliminary
identification at any of
those hearings such
public meeting or
at any other time within one
hundred twenty ninety
days
from the date indicated
in of
the
certified mail notice,
which date shall be one week following the date of the notice.
For any such objection, verifiable evidence or documentation shall be
submitted indicating that some portion of a Lake Erie coastal erosion
area should not have been included in the areas defined by the
preliminary identification. A municipal corporation, county, or
township may object only with respect to territory within its
jurisdiction or other territory that it owns; a private landowner may
object only with respect to the landowner's land.
(B) The director shall review all objections filed under division (A) of this section. The director may then modify the preliminary identification of Lake Erie coastal erosion areas. Within the next ninety days, the director shall notify each objecting person of the director's decision regarding the objection. The director also shall notify, within that ninety-day period, any other owner for whom the director's decision results in a modification on that other owner's property.
(C) Whenever the preliminary identification of a Lake Erie coastal erosion area is modified as a result of an objection, the director shall so notify the affected municipal corporation, county, or township and shall publish a notice of the modification in a newspaper of general circulation in the affected locality. Objections to modifications may be filed within sixty days of the newspaper notification required by this division or within sixty days of the date of the property owner's notification required by division (B) of this section, whichever is later, and shall be filed in the same manner as objections to the original preliminary identification. The director shall rule on each objection to a modification within sixty days after receiving it.
(D)
After the director has ruled on each objection filed under division
(B) or (C) of this section, the director shall make a final
identification of the Lake Erie coastal erosion areas andshalland
shall
notify by certified mail the appropriate authority of each affected
municipal corporation, county, and township of the final
identification. The final identification may be appealed under
section 1506.08 of the Revised Code.
(E) At least once every ten years, the director shall review and may revise the identification of Lake Erie coastal erosion areas, taking into account any recent natural or artificially induced changes affecting anticipated recession. The review and revision shall be done in the same manner as that provided for original preliminary and final identification in this section.
(F) Any person who has received written notice under this section or section 5302.30 of the Revised Code that a parcel or any portion of a parcel of real property that the person owns has been included in a Lake Erie coastal erosion area identified under this section shall not sell or transfer any interest in that real property unless the person first provides written notice to the purchaser or grantee that the real property is included in a Lake Erie coastal erosion area. The written notice shall be provided in accordance with section 5302.30 of the Revised Code.
(G) No state agency, county, township, or municipal corporation, or any other political subdivision or special district in this state established by law shall use the fact that property has been identified as a Lake Erie coastal erosion area as a basis for any of the following:
(1)
Failing to enter into or renew a lease or
under
section 1506.11 of the Revised Code or failing to
issue or renew a permit under section 1506.11
1506.40
of
the Revised Code;
(2) Failing to issue or renew a permit required by law, other than a permit issued under section 1506.07 of the Revised Code;
(3) Taking private property for public use in the exercise of the power of eminent domain;
(4) Determining what constitutes just compensation for a taking of the property in the exercise of the power of eminent domain.
Sec. 1506.10. (A) As used in this section and sections 1506.11 and 1506.40 of the Revised Code, "territory" means the waters and the lands presently underlying the waters of Lake Erie and the lands formerly underlying the waters of Lake Erie and now artificially filled, between the natural shoreline and the international boundary line with Canada. "Territory" does not include any of the following:
(1) Deeded lands that become submerged due to avulsion. Any land presently underlying the waters of Lake Erie within the boundary of a valid and recorded deed are presumed to have become submerged by avulsion. The presumption may be overcome by the state only with clear and convincing evidence that such loss of land was the result of erosion or submergence.
(2) Land formerly underlying the waters of Lake Erie and now artificially filled if the artificial fill was placed landward of a natural shoreline that existed prior to an avulsive event;
(3) Land formed by accretion. The state shall not claim ownership of accreted lands unless clear and convincing evidence establishes that such land was created by artificial means under the control of the littoral property owner.
(B)
It
is hereby declared that the waters of Lake Erie consisting of the
territory within the boundaries of the state, extending from the
southerly
shore natural
shoreline of
Lake Erie to the international boundary line between the United
States and Canada, together with the soil beneath and their contents,
do now belong and have always, since the organization of the state of
Ohio, belonged to the state as proprietor in trust for the people of
the state, for the public uses to which they may be adapted, subject
to the powers of the United States government, to the public rights
of navigation, water commerce, and fishery, and to the property
rights of littoral owners, including the right to
wharf out to navigable waters and to
access
and make
reasonable use of the waters in front of or flowing past their lands.
Any artificial encroachments by public or private littoral owners,
which interfere with the free flow of commerce in navigable channels,
whether in the form of wharves, piers, fills, or otherwise, beyond
the natural shoreline of those waters, not expressly authorized by
the general assembly, acting within its powers, or pursuant to
section 1506.11 of the Revised Code, shall not be considered as
having prejudiced the rights of the public in such domain. This
section does not limit the right of the state to control, improve, or
place aids to navigation in the other navigable waters of the state
or the territory formerly covered thereby.
(C) Littoral property owners adjacent to Lake Erie retain all private property rights to their deeded lands landward of the natural shoreline, including the right to exclude others and the right to protect their deeded property from erosion and avulsion. The state shall not claim, regulate, or lease any deeded lands lying landward of the natural shoreline under the public trust doctrine.
(D) The department of natural resources is hereby designated as the state agency in all matters pertaining to the care, protection, and enforcement of the state's rights designated in this section.
(E) Any order of the director of natural resources in any matter pertaining to the care, protection, and enforcement of the state's rights in that territory is a rule or adjudication within the meaning of sections 119.01 to 119.13 of the Revised Code.
Sec.
1506.11. (A)
"Territory,"
as As
used
in this section,
"local
authority" means
the waters and the lands presently underlying the waters of Lake Erie
and the lands formerly underlying the waters of Lake Erie and now
artificially filled, between the natural shoreline and the
international boundary line with Canada.
(B)
Whenever the state, acting through the director of natural resources,
upon application of any any
of the following:
(1) A board of county commissioners with jurisdiction over territory sought to be leased, unless a municipal corporation or port authority has such jurisdiction;
(2) The legislative authority of a municipal corporation with jurisdiction over territory sought to be leased, unless a port authority has such jurisdiction;
(3) A board of directors of a port authority with jurisdiction over territory sought to be leased.
(B)
No person
who
wants to develop or improve shall
construct a facility upon part
of the territory
for utility or governmental use,
and after notice that the
without applying for and obtaining a lease from the director of
natural resources under this section.
(C) In describing the territory for purposes of an application to construct a facility, the applicant shall estimate the natural shoreline as accurately as possible using the best practicable measures. However, the estimation of the natural shoreline is solely for the purposes of the administration of this section and does not constitute a legally binding determination or declaration of the natural shoreline or the respective rights of the public, the state, the applicant, or any owner of upland property.
(D)
The director,
at the director's discretion, may give as provided in this section,
may
enter into a lease with an applicant under this section if both of
the following apply:
(1)
The director determines
that any part of the territory can be developed and improved,
or the waters thereof used,
as specified in the application without impairment of the public
right of navigation, water commerce, and fishery, a
lease of all or any part of the state's interest therein may be
entered into with the applicant, or a permit may be issued for that
purpose, subject
to the powers of the United States government and
in accordance with rules adopted by the director in accordance with
Chapter 119. of the Revised Code, and
without prejudice to the littoral rights of any owner of land
fronting on Lake Erie,
provided that the legislative authority of the municipal corporation
within which any such part of the territory is located, if the
municipal corporation is not within the jurisdiction of a port
authority, or the county commissioners of the county within which
such part of the territory is located, excluding any territory within
a municipal corporation or under the jurisdiction of a port
authority, or the board of directors of a port authority with respect
to such part of the territory included in the jurisdiction of the
port authority, ;
(2)
The appropriate local authority has
enacted an ordinance or resolution finding and determining that
such both
of the following:
(a)
The part
of the territory, described by metes
and bounds or by an alternate description referenced to the
applicant's upland property description that is considered adequate
by the director, plat
of survey, is
not necessary or required for the construction, maintenance, or
operation by the municipal
corporation, county, or port local
authority
of breakwaters, piers, docks, wharves, bulkheads, connecting ways,
water terminal facilities, and improvements and marginal highways in
aid of navigation and water commerce
and that the.
(b) The land uses specified in the application comply with regulation of permissible land use under a waterfront plan of the local authority.
(C)
(E)
Upon
the filing of the
a complete application
with the director, the director may
shall
hold
a public hearing thereon and may
shall
cause
written notice of the filing to be given to any municipal
corporation, county, or port authority, as the case may be, in which
such part of the territory is located and also shall cause public
notice of the filing to be given by advertisement in a newspaper of
general circulation within the locality where such part of the
territory is located. If
a hearing is to be held, public Public
notice
of the filing may be combined with public notice of the hearing and
shall be given once a week for four consecutive weeks prior to the
date of the initial hearing. All hearings shall be before the
director and shall be open to the public, and a record shall be made
of the proceeding. Parties thereto are entitled to be heard and to be
represented by counsel. The findings and order of the director shall
be in writing. All costs of the hearings, including publication
costs, shall be paid by the applicant. The
director also may hold public meetings on the filing of an
application.
(F) The director may approve, deny, or conditionally approve an application for a lease. If an application is denied or conditionally approved, the applicant may request an adjudication hearing under Chapter 119. of the Revised Code. If requested in writing by the applicant within thirty days of issuance of a notice of denial or conditional approval of the application, the director shall conduct an adjudication hearing under Chapter 119. of the Revised Code. After reviewing the record of any hearing and adjudication hearing, as applicable, the director shall issue a final order approving, denying, or conditionally approving the lease application.
(G)
If
the director finds that a lease may properly be entered into with the
an
applicant, the director shall proceed as follows:
(1)
For a utility applicant
or a permit may properly be issued to the applicant,
the director shall determine the consideration to be paid by the
applicant,
which.
The consideration
shall exclude the value of the littoral rights of the owner of land
fronting on Lake Erie and improvements made or paid for by the owner
of land fronting on Lake Erie or that owner's predecessors in title.
(2)
For a governmental applicant, the consideration to be paid shall be
one dollar per calendar year.
The
(3)
For all applicants, the lease
or
permit may
be for such periods of time as the director determines,
with an initial term of not less than fifty years.
The rentals received under the terms of such a lease or
permit shall
be paid into the state treasury to the credit of the Lake Erie
submerged lands fund, which is hereby created, and shall be
distributed from that fund as follows:
(1)(a)
Fifty per cent of each rental shall be paid to the department of
natural resources for the administration of this section and section
sections
1506.02 and 1506.10
of the Revised Code
and for the coastal management assistance grant program required to
be established under division (C) of section 1506.02 of the Revised
Code;
(2)(b)
Fifty per cent of each rental shall be paid to the municipal
corporation, county, or port authority making the finding provided
for in this section.
All
leases and permits (H)
A lease shall
be executed in the manner provided by section 5501.01
1501.01
of
the Revised Code
and.
The lease shall
contain, in addition to the provisions required in this section, a
reservation to the state of all mineral rights and a provision that
the removal of any minerals shall be conducted in such manner as not
to damage any improvements placed by the littoral owner,
or
lessee,
or permit holder on the lands.
No lease or
permit of
the lands defined in this section shall express or imply any control
of fisheries or aquatic wildlife now vested in the division of
wildlife of the department.
(D)
Upland owners
(I)
Any person who,
owns a facility constructed
prior to October 13, 1955, have
erected, developed, or maintained structures, facilities, buildings,
or improvements or made use of waters in the part of the territory in
front of those uplands shall
be granted a lease or
permit by
the state upon the presentation of a certification by the chief
executive of a municipal corporation, resolution of the board of
county commissioners, or resolution of the board of directors of the
port authority establishing that the structures,
facilities, buildings, improvements, or uses do facility
does not
constitute an unlawful encroachment on navigation and water commerce.
The lease or
permit shall
specifically enumerate
describe
the
structures,
facilities, buildings, improvements, or uses so includedfacility.
(E)
(J)
Persons
having secured a lease or
permit under
this section are entitled to just compensation for the taking,
whether for navigation, water commerce, or otherwise, by any
governmental authority having the power of eminent domain, of
structures,
facilities,
buildings, improvements, or uses
erected or placed upon part
of the
territory pursuant to the lease or
permit or
the littoral rights of the person and for the taking of the leasehold
and the littoral rights of the person pursuant to the procedure
provided in Chapter 163. of the Revised Code. The compensation shall
not include any compensation for the site in the territory except to
the extent of any interest in the site theretofore acquired by the
person under this section or by prior acts of the general assembly or
grants from the United States government. The failure of any person
to apply for or obtain a lease or
permit under
this section does not prejudice any right the person may have to
compensation for a taking of littoral rights or of improvements made
in accordance with a lease,
a permit,
or littoral rights.
(F)
(K)
If
any taxes or assessments are levied or assessed upon property that is
the subject of a lease or
permit under
this section, the taxes or assessments are the obligation of the
lessee
or permit holder.
(G)
(L)
If
a lease or
permit secured
under this section requires the lessee or
permit holder to
obtain the approval of the department or any of its divisions for any
changes in
structures, facilities, or buildings, for any improvements, or for
any changes or expansion in usesto
the facility,
no
the
lessee
or
permit holder shall
change
not
make any
structures,
facilities, or buildings, make any improvements, or expand or change
any uses changes
to the facility unless
the director first determines that the proposed action will not
adversely affect any
current or prospective exercise of the public right of recreation in
the
territory and in
the
state's reversionary interest in any territory leased or
permitted under
this section.
Proposed
changes or improvements shall be deemed to "adversely affect"
the public right of recreation if the changes or improvements cause
or will cause any significant demonstrable negative impact upon any
present or prospective recreational use of the territory by the
public during the term of the lease or permit or any renewals and of
any public recreational use of the leased or permitted premises in
which the state has a reversionary interest.
(M) The director or the director's duly authorized representative may enter at reasonable times upon any property to inspect any facility in order to determine if it complies with this section, a lease issued under it, or any rule adopted under it. If entry is prevented or hindered, the director or the director's authorized representative may apply for, and the court of common pleas having appropriate jurisdiction may issue, an appropriate inspection warrant necessary to achieve the purposes of this section and rules adopted under it.
(N) Within ninety days after effective date of this amendment, the director shall adopt rules in accordance with Chapter 119. of the Revised Code governing the leasing process provided for in this section and any rules necessary for the administration, implementation, and enforcement of this section.
Sec.
1506.40. No
Beginning
on the effective date of this amendment, no person
shall construct a beach,
groin, or other coastal
structure
to
control erosion, wave action, or inundation or
perform coastal restoration along
or near the Ohio shoreline of Lake Erie
or within the waters of Lake Erie,
including related islands, bays, and inlets, without first obtaining
a shore
structure permit
from the director of natural resources
under section 1506.401 or 1506.402 of the Revised Code.
The
application for a permit shall include detailed plans and
specifications prepared by a professional engineer registered under
Chapter 4733. of the Revised Code. An applicant shall provide
appropriate evidence of compliance with any applicable provisions of
this chapter and Chapters 1505. and 1521. of the Revised Code, as
determined by the director. A temporary shore structure permit may be
issued by the director if it is determined necessary to safeguard
life, health, or property.
Each
application or reapplication for a permit under this section shall be
accompanied by a non-refundable fee as the director shall prescribe
by rule.
If
the application is approved, the director shall issue a permit to the
applicant authorizing construction of the project. If requested in
writing by the applicant within thirty days of issuance of a notice
of disapproval of the application, the director shall conduct an
adjudication hearing under Chapter 119. of the Revised Code, except
sections 119.12 and 119.121 of the Revised Code. After reviewing the
record of the hearing, the director shall issue a final order
approving the application, disapproving it, or approving it
conditioned on the making of specified revisions in the plans and
specifications.
The
director, by rule, shall limit the period during which a construction
permit issued under this section is valid and shall establish
reapplication requirements governing a construction permit that
expires before construction is completed.
In
accordance with Chapter 119. of the Revised Code, the director shall
adopt, and may amend or rescind, such rules as are necessary for the
administration, implementation, and enforcement of this section.
Sec. 1506.401. (A) As used in this section and section 1506.402 of the Revised Code:
(1) "Ohio Coastal Design Manual" means chapter four of the Ohio Coastal Design Manual, first edition, 2011, published by the department of natural resources' office of coastal management.
(2) "Within the boundaries of the property owner's property" may include the minimum amount of territory in Lake Erie required to achieve a 3/1 slope for revetment stabilization.
(B) Upon applying for and obtaining a permit under this section, an owner of littoral property abutting Lake Erie may construct, maintain, or repair a coastal structure or perform coastal restoration, for purposes of reducing or controlling erosion or avulsion of the littoral property, exclusively within the boundaries of the property owner's property, as determined by the property owner's deed.
(C) Prior to commencing construction of a coastal structure or performing coastal restoration under this section, the littoral property owner shall do all of the following:
(1) Obtain a boundary survey to confirm that the coastal structure's construction will occur exclusively within the boundaries of the property owner's property;
(2) Employ a licensed contractor, a professional engineer, or both, as determined reasonable in the property owner's sole discretion, to prepare plans that are consistent with the design guidelines and examples in the Ohio Coastal Design Manual. The director shall not require the property owner to obtain plans prepared by a professional engineer, or to obtain a topographical survey. For revetments, the use of two to four ton armor stone shall be presumed reasonable.
(3) Submit an application with the plans and a boundary survey to the director of natural resources on a form prescribed by rule of the director for the director's review and approval. The application form shall state that such submitted plans are not required to include detailed engineering specifications and calculations.
(4) At the time of submitting the plans and survey, provide written notice of the application for the construction to any adjacent property owners;
(5) Pay a nonrefundable fee, as prescribed by the director in rules, not to exceed twenty-five dollars.
(D)(1) The director shall approve, approve with modifications, or deny a permit under this section not later than thirty days following submission of the completed application.
(2) The director shall approve a permit without modification if the proposed construction of the coastal structure or the coastal restoration is consistent with the design guidelines and examples in the Ohio Coastal Design Manual.
(E) The director may deny an application if the proposed coastal structure or coastal restoration will do either of the following:
(1) Endanger life, health, or property;
(2) Prejudice the littoral rights of any owner of land fronting on Lake Erie without permission of that owner.
(F) An application is deemed approved if the director takes no action within thirty days following a littoral property owner's submission of a complete application.
(G) If the director requires an "as built" drawing following completion of the coastal structure or coastal restoration, a drawing prepared by the licensed contractor who constructed the coastal structure or performed the coastal restoration shall fully satisfy such requirement. The director shall not require any additional work on, or revisions to, the coastal structure or coastal restoration if the coastal structure or coastal restoration, as shown by the "as built" drawing, is consistent with the design guidelines and examples in the Ohio Coastal Design Manual and the provisions of this division. Any additional work on, or revisions to, the coastal structure or coastal restoration required by the director for substantial noncompliance shall be the least-cost remedy available to the littoral property owner.
(H)(1) If requested in writing by the applicant within thirty days of the denial or conditional approval of an application, the director shall conduct an adjudication hearing under Chapter 119. of the Revised Code. Sections 119.12 and 119.121 of the Revised Code do not apply to the adjudication hearing.
(2) After reviewing the record of the hearing, the director shall issue a final order approving the application, denying it, or approving it conditioned on the making of specified revisions in the plans and specifications, as applicable.
(I) The director may issue a temporary emergency permit under this section if the director determines it is necessary to safeguard life, health, or property. Following completion of the approved project, the director shall issue a permit to the property owner if the director determines that the completed project does not cause one of the harms in division (E) of this section.
(J) Within ninety days after the effective date of this section, the director shall adopt rules in accordance with Chapter 119. of the Revised Code, governing the permit applications and permit processes provided for in this section, and may amend such rules when necessary for the administration, implementation, and enforcement of this section.
Sec. 1506.402. (A) Any person intending to commence construction of a coastal structure or perform coastal restoration not addressed in section 1506.401 of the Revised Code shall apply for a permit from the director of natural resources as provided in this section.
(B) An applicant for such a permit shall include all of the following in the application, as applicable:
(1) Detailed plans and specifications. The director may require such plans and specifications to be prepared by a professional engineer registered under Chapter 4733. of the Revised Code. However, the director shall not require such plans and specifications to be prepared by a professional engineer if the plans and specifications are for one of the following projects: floating or pile-supported docks for seasonal use, nature-based shorelines, beaches, dunes, wetlands, and associated uplands, and certain revetments as shall be defined by rules adopted by the director.
(2) Appropriate evidence that the proposed project will not present a risk of one or more of any of the following:
(a) Endangering life, health, or property;
(b) Prejudicing the littoral rights of any owner of land fronting on Lake Erie without permission of that owner;
(c) Destroying or greatly impairing public uses of navigation, water commerce, and fishing.
(3) Appropriate evidence of upland interest or littoral rights in the area where the coastal structure or coastal restoration is proposed;
(4) For a permit application for a coastal structure that will significantly impact littoral transport of sand and sediment, a sediment impact analysis and a long-term sand monitoring and bypassing plan, as prescribed by the director in rules;
(5) A nonrefundable application fee, as prescribed by the director in rules, which shall not exceed one hundred dollars.
(C) Upon the receipt of a complete application for a permit under this section, the director may provide public notice of the application by advertisement in a newspaper of general circulation within the locality where the project is proposed to be located.
(D) Within sixty days of receipt of a complete application under this division, the director shall approve a permit for the proposed construction of a coastal structure or performance of coastal restoration under this section if the director finds both of the following:
(1) The proposed project does not present a risk of one or more of the harms described in division (B)(2) of this section.
(2) The project design is consistent with the design guidelines and examples in the Ohio Coastal Design Manual.
(E) The director may hold public meetings or a public hearing on the application if either of the following applies:
(1) The director determines that the proposed project will cause one or more of the harms described in division (B)(2) of this section.
(2) An owner of littoral property adjacent to the applicant's property submits a written objection to the director asserting that the proposed project will cause one or more of the harms described in division (B)(2) of this section.
(F) If a public hearing is to be held, the director shall provide public notice of the hearing once a week for four consecutive weeks prior to the date of the hearing in a manner determined appropriate by the director.
(G) All hearings shall be before the director and shall be open to the public. The director shall make a record of the hearing and shall pay the costs of the hearing, including any publication costs. Parties to the hearing are entitled to be heard and represented by counsel.
(H) Not later than fourteen days after the completion of the last hearing, the director shall make all findings and issue any order resulting from the hearing. Those findings and any order shall be in writing.
(I) If the director elects not to hold a public hearing, the director shall issue the director's findings and issue a written order approving, approving with conditions, or denying the application within sixty days after receipt of a complete application under this division.
(J) If an application for a permit is approved, the director shall issue a permit to the applicant authorizing construction of the coastal structure or performance of the coastal restoration.
(K)(1) Following approval of a permit application and the commencement of construction of a coastal structure or performance of a coastal restoration under this section, the director shall not require amendments or revisions to, or reconstruction or removal of, a project unless the director shows, by clear and convincing evidence, either of the following:
(a) That such action is essential to prevent one or more of the harms described in division (B)(2) of this section;
(b) The "as built" project substantially deviates from the proposed design in a manner that is likely to endanger life, health, or property.
(2) Any remedial action required under division (K)(1) of this section shall be the least-cost remedy available to the littoral property owner.
(L)(1) If requested in writing by the applicant, within thirty days of issuance of a notice of disapproval or conditional approval of an application, the director shall conduct an adjudication hearing under Chapter 119. of the Revised Code. Sections 119.12 and 119.121 of the Revised Code do not apply to the adjudication hearing.
(2) After reviewing the record of the hearing, the director shall issue a final order approving the application, denying it, or approving it with conditions, as applicable.
(M) The director may issue a temporary emergency permit under this section if the director determines it is necessary to safeguard life, health, or property. Following completion of the approved project, the director shall issue a permit to the property owner if the director determines that the completed project does not cause one of the harms in division (B)(2) of this section.
(N) Within ninety days after the effective date of this section, the director shall adopt rules in accordance with Chapter 119. of the Revised Code, governing the permit applications and permit processes provided for in this section, and may amend such rules when necessary for the administration, implementation, and enforcement of this section.
Sec. 1506.403. (A) For any permit issued under section 1506.401 or 1506.402 of the Revised Code, the director of natural resources, by rule, may limit the period during which construction may be completed before the permit expires and may establish reapplication requirements governing a permit that expires before construction is completed. Once construction under a permit issued under section 1506.401 or 1506.402 of the Revised Code is completed, the permit is valid for the life of the coastal structure or coastal restoration. If there is a change in ownership of the coastal structure or coastal restoration, the permit automatically transfers to the new owner.
(B) A person, other than a utility or government, who owns a coastal structure or coastal restoration that was constructed subject to a submerged lands lease issued under section 1506.11 of the Revised Code, as it was in effect prior to the effective date of this section, may do either of the following:
(1) Maintain the person's submerged lands lease and, if applicable, shore structure permit;
(2) Apply for a permit under section 1506.401 or 1506.402 of the Revised Code, and, upon issuance thereof, surrender the submerged lands lease and, if applicable, shore structure permit.
(C) A permit holder may maintain or repair a coastal structure or coastal restoration without issuance of a new permit. However, a permit holder shall obtain a new or amended permit prior to commencing any new construction or expansion of a coastal structure or coastal restoration. A littoral property owner that constructed a coastal structure or coastal restoration prior to the effective date of this section may apply to the director for issuance of a permit under section 1506.401 or 1506.402 of the Revised Code.
(D) The director may order work to cease on any coastal structure or coastal restoration that commenced after the effective date of this section without or in violation of a permit. The director may order the removal or correction of any coastal structure or coastal restoration that was constructed after the effective date of this section without or in violation of a permit. Such an order may be appealed in accordance with Chapter 119. of the Revised Code. The property owner affected by such an order also may apply for a permit under section 1506.401 or 1506.402 of the Revised Code, and the issuance of a permit by the director shall result in withdrawal of the order.
(E) The director may order the immediate correction or removal of any coastal structure, coastal restoration, or unconsolidated rubble or debris along or near the shore of Lake Erie or within the waters of Lake Erie that the director determines is endangering life, health, or property. An order of the director issued under this division is subject to appeal in accordance with Chapter 119. of the Revised Code. If the director determines that the coastal structure, coastal restoration, or unconsolidated rubble or debris is so threatening to life, health, or property as to not allow time for the issuance and enforcement of such an order, the director may immediately correct or remove that coastal structure, coastal restoration, or unconsolidated rubble or debris.
(F) The director or the director's duly authorized representative may, upon the notice prescribed in this section, enter at reasonable times during daylight hours upon any property to inspect any coastal structure or coastal restoration in order to determine if it complies with a permit issued under section 1506.401 or 1506.402 of the Revised Code and rules adopted under either section. If entry is prevented or hindered, the director or the director's authorized representative may apply for, and the court of common pleas having appropriate jurisdiction may issue, an appropriate inspection warrant necessary to achieve the purposes of section 1506.401 or 1506.402 of the Revised Code.
Notice of the date and time of such proposed entry shall be given to the owner or the person in possession by such means as are reasonably available not less than forty-eight hours nor more than five days prior to the date of such entry. The director shall make restitution or reimbursement for any actual damage resulting to such lands, waters, and premises and to improvements or personal property located in, on, along, over, or under such lands, waters, and premises, as a result of such activities. If the parties are unable to agree upon restitution or other settlement, damages are recoverable by civil action to which the state hereby consents.
Sec.
1506.41. All
moneys derived from the granting of permits and leases under section
1505.07 of the Revised Code for the removal of sand, gravel, stone,
gas, oil, and other minerals and substances from and under the bed of
Lake Erie and from applications for shore
structure permits
submitted under section 1506.40
1506.401
or 1506.402 of
the Revised Code shall be paid into the state treasury to the credit
of the permit and lease fund, which is hereby created.
Notwithstanding any section of the Revised Code relating to the
distribution or crediting of fines for violations of the Revised
Code, all fines imposed under division (A) of section 1505.99 of the
Revised Code and under division (C) of section 1506.99 of the Revised
Code shall be paid into that fund. The fund shall be administered by
the department of natural resources for the protection of Lake Erie
shores and waters; investigation and control of erosion; the
planning, development, and construction of facilities for
recreational use of Lake Erie; implementation of section
1506.40 sections
1506.401 and 1506.402 of
the Revised Code; preparation of the state shore erosion plan under
section 1506.47 of the Revised Code; and state administration of Lake
Erie coastal erosion areas under sections 1506.06 and 1506.07 of the
Revised Code.
Sec.
1506.44. (A)
A board of county commissioners may use a loan obtained under
division (C) of this section to provide financial assistance to any
person who owns real property in a coastal erosion area and who has
received a permit under section 1506.40
1506.401
or 1506.402 of
the Revised Code to construct an erosion control structure
measure
in
that coastal erosion area. The board shall enter into an agreement
with the person that complies with all of the following requirements:
(1)
The agreement shall identify the person's real property for which the
erosion control structure
measure
is
being constructed and shall include a legal description of that
property and a reference to the volume and page of the deed record in
which the title of that person to that property is recorded.
(2)
In accordance with rules adopted by the Ohio water development
authority under division (V) of section 6121.04 of the Revised Code
for the purposes of division (C) of this section and pursuant to an
agreement between the board and the authority under that division,
the board shall agree to cause payments to be made by the authority
to the contractor hired by the person to construct an erosion control
structure
measure
in
amounts not to exceed the total amount specified in the agreement
between the board and the person.
(3) The person shall agree to pay to the board, or to the authority as the assignee pursuant to division (C) of this section, the total amount of the payments plus administrative or other costs of the board or the authority at times, in installments, and bearing interest as specified in the agreement.
The agreement may contain additional provisions that the board determines necessary to safeguard the interests of the county or to comply with an agreement entered into under division (C) of this section.
(B) Upon entering into an agreement under division (A) of this section, the board shall do all of the following:
(1) Cause the agreement to be recorded in the county deed records in the office of the county recorder of the county in which the real property is situated. Failure to record the agreement does not affect the validity of the agreement or the collection of any amounts due under the agreement.
(2) Establish by resolution an erosion control repayment fund into which shall be deposited all amounts collected under division (B)(3) of this section. Moneys in that fund shall be used by the board for the repayment of the loan and for administrative or other costs of the board or the authority as specified in an agreement entered into under division (C) of this section. If the amount of money in the fund is inadequate to repay the loan when due, the board of county commissioners, by resolution, may advance money from any other fund in order to repay the loan if that use of the money from the other fund is not in conflict with law. If the board so advances money in order to repay the loan, the board subsequently shall reimburse each fund from which the board advances money with moneys from the erosion control repayment fund.
(3) Bill and collect all amounts when due under the agreement entered into under division (A) of this section. The board shall certify amounts not paid when due to the county auditor, who shall enter the amounts on the real property tax list and duplicate against the property identified under division (A)(1) of this section. The amounts not paid when due shall be a lien on that property from the date on which the amounts are placed on the tax list and duplicate and shall be collected in the same manner as other taxes.
(C) A board may apply to the authority for a loan for the purpose of entering into agreements under division (A) of this section. The loan shall be for an amount and on the terms established in an agreement between the board and the authority. The board may assign any agreements entered into under division (A) of this section to the authority in order to provide for the repayment of the loan and may pledge any lawfully available revenues to the repayment of the loan, provided that no moneys raised by taxation shall be obligated or pledged by the board for the repayment of the loan. Any agreement with the authority pursuant to this division is not subject to Chapter 133. of the Revised Code or any requirements or limitations established in that chapter.
(D) The authority, as assignee of any agreement pursuant to division (C) of this section, may enforce and compel the board and the county auditor by mandamus pursuant to Chapter 2731. of the Revised Code to comply with division (B) of this section in a timely manner.
(E)
The construction of an erosion control structure
measure
by
a contractor hired by an individual homeowner, group of individual
homeowners, or homeowners association that enters into an agreement
with a board under division (A) of this section is not a public
improvement, as defined in section 4115.03 of the Revised Code, and
is not subject to competitive bidding or public bond laws.
Section 2. That existing sections 1506.01, 1506.02, 1506.06, 1506.10, 1506.11, 1506.40, 1506.41, and 1506.44 of the Revised Code are hereby repealed.
Section 3. (A) As used in this section, "territory" has the same meaning as in section 1506.10 of the Revised Code.
(B)(1) Not later than one hundred twenty days after the effective date of this section, the Director of Natural Resources shall examine each lease entered into with the state under section 1506.11 of the Revised Code, as it existed prior to its amendment by this act, to determine whether all or part of the land leased is not part of the territory.
(2) Not later than one hundred eighty days after the effective date of this section, the Director shall provide notice by certified mail to all lessees of the following, as applicable:
(a) That the lessee may request the state to terminate or modify the lessee's lease under division (C) of this section, as applicable, if all or part of the land leased is not part of the territory;
(b) That the lessee may be required to apply for a permit under section 1506.401 or 1506.402 of the Revised Code;
(c) That the lessee may take no action and remain under the terms of the lessee's current lease.
(3) Such notice shall include the Director's opinion regarding whether all or part of the land leased is not part of the territory.
(C)(1) The Director shall modify a lease to exclude lands that are not part of the territory if one of the following occurs:
(a) The Director finds, as stated in the notice, that part of the lands for which the lease was entered into is not part of the territory and the lessee consents to modifying the lease;
(b) The lessee provides documentation to the Director demonstrating that part of the lands for which the lease was entered into is not part of the territory.
(2) The Director shall terminate a lease if one of the following occurs:
(a) The Director finds, as stated in the notice, that all of the lands for which the lease was entered into are not part of the territory and the lessee consents to terminating the lease;
(b) The lessee provides documentation to the Director demonstrating that all of the lands for which the lease was entered into is not part of the territory.
(3) All leases modified or terminated in accordance with this division shall be modified or terminated as of May 21, 2015. The Director shall return any rentals collected from May 21, 2015, to the effective date of this section under any lease terminated or modified under this division to the persons who were the lessees under the lease during that time period and prorate the rentals accordingly.
(D) Any lease modified under division (C) of this section is valid and continues in full force and effect. If, under division (C) of this section, a lessee does not take action to terminate a lease and the Director does not terminate the lease, the lease is valid and continues in full force and effect.
(E) Division (C) of this section is intended to apply retroactively to the extent specified in that division. Division (C) of this section is remedial in nature to remedy the boundary dispute identified in State ex rel. Merrill v. Ohio Dept. of Natural Resources, 130 Ohio St.3d 30, 2011-Ohio-4612.
(F) Any permit that was issued under section 1506.40 of the Revised Code or any equivalent permit issued under Chapter 1506. of the Revised Code prior to the effective date of this section remains in effect.