As Introduced

127th General Assembly Regular Session 2007-2008

S. B. No. 189

Senator Grendell 

Cosponsors: Senators Spada, Gardner, Mumper, Cates, Schaffer 

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A BILL

To amend sections 317.08, 1501.01, 1504.02, 1506.01,

1

1506.02, 1506.06, 1506.08, 1506.10 to 1506.12,

2

1521.01, 1521.20, 1521.21, 1521.22, 1521.23,

3

1521.24, 1521.25, 1521.26, 1521.27, 1521.28,

4

1521.29, 1521.99, and 6121.04; to amend, for the

5

purpose of adopting new section numbers as

6

indicated in parentheses, sections 1521.20

7

(1506.38), 1521.21 (1506.39), 1521.22 (1506.40),

8

1521.23 (1506.41), 1521.24 (1506.42), 1521.25

9

(1506.43), 1521.26 (1506.44), 1521.27 (1506.45),

10

1521.28 (1506.46), 1521.29 (1506.47), and 1521.30

11

(1506.48); to enact section 1506.49; and to repeal

12

section 1506.37 of the Revised Code to revise the

13

law governing coastal management and the control

14

of erosion along Lake Erie.

15

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

Section 1. That sections 317.08, 1501.01, 1504.02, 1506.01,	16
1506.02, 1506.06, 1506.08, 1506.10, 1506.11, 1506.12, 1521.01,	17
1521.20, 1521.21, 1521.22, 1521.23, 1521.24, 1521.25, 1521.26,	18
1521.27, 1521.28, 1521.29, 1521.99, and 6121.04 be amended,	19
sections 1521.20 (1506.38), 1521.21 (1506.39), 1521.22 (1506.40),	20
1521.23 (1506.41), 1521.24 (1506.42), 1521.25 (1506.43), 1521.26	21
(1506.44), 1521.27 (1506.45), 1521.28 (1506.46), 1521.29	22
(1506.47), and 1521.30 (1506.48) be amended for the purpose of	23
adopting new section numbers as indicated in parentheses, and	24
section 1506.49 of the Revised Code be enacted to read as follows:	25

Sec. 317.08. (A) Except as provided in divisions (C) and (D)	26
of this section, the county recorder shall keep six separate sets	27
of records as follows:	28

(1) A record of deeds, in which shall be recorded all deeds	29
and other instruments of writing for the absolute and	30
unconditional sale or conveyance of lands, tenements, and	31
hereditaments; all notices as provided in sections 5301.47 to	32
5301.56 of the Revised Code; all judgments or decrees in actions	33
brought under section 5303.01 of the Revised Code; all	34
declarations and bylaws, and all amendments to declarations and	35
bylaws, as provided in Chapter 5311. of the Revised Code;	36
affidavits as provided in sections 5301.252 and 5301.56 of the	37
Revised Code; all certificates as provided in section 5311.17 of	38
the Revised Code; all articles dedicating archaeological preserves	39
accepted by the director of the Ohio historical society under	40
section 149.52 of the Revised Code; all articles dedicating nature	41
preserves accepted by the director of natural resources under	42
section 1517.05 of the Revised Code; all agreements for the	43
registration of lands as archaeological or historic landmarks	44
under section 149.51 or 149.55 of the Revised Code; all	45
conveyances of conservation easements and agricultural easements	46
under section 5301.68 of the Revised Code; all instruments	47
extinguishing agricultural easements under section 901.21 or	48
5301.691 of the Revised Code or pursuant to terms of such an	49
easement granted to a charitable organization under section	50
5301.68 of the Revised Code; all instruments or orders described	51
in division (B)(2)(b) of section 5301.56 of the Revised Code; all	52
no further action letters issued under section 122.654 or 3746.11	53
of the Revised Code; all covenants not to sue issued under section	54
3746.12 of the Revised Code, including all covenants not to sue	55
issued pursuant to section 122.654 of the Revised Code; any	56
restrictions on the use of property contained in a no further	57
action letter issued under section 122.654 of the Revised Code,	58
any restrictions on the use of property identified pursuant to	59
division (C)(3)(a) of section 3746.10 of the Revised Code, and any	60
restrictions on the use of property contained in a deed or other	61
instrument as provided in division (E) or (F) of section 3737.882	62
of the Revised Code; any easement executed or granted under	63
section 3734.22, 3734.24, 3734.25, or 3734.26 of the Revised Code;	64
any environmental covenant entered into in accordance with	65
sections 5301.80 to 5301.92 of the Revised Code; all memoranda of	66
trust, as described in division (A) of section 5301.255 of the	67
Revised Code, that describe specific real property; and all	68
agreements entered into under division (A) of section 1521.26	69
1506.44 of the Revised Code;	70

(2) A record of mortgages, in which shall be recorded all of	71
the following:	72

(a) All mortgages, including amendments, supplements,	73
modifications, and extensions of mortgages, or other instruments	74
of writing by which lands, tenements, or hereditaments are or may	75
be mortgaged or otherwise conditionally sold, conveyed, affected,	76
or encumbered;	77

(b) All executory installment contracts for the sale of land	78
executed after September 29, 1961, that by their terms are not	79
required to be fully performed by one or more of the parties to	80
them within one year of the date of the contracts;	81

(c) All options to purchase real estate, including	82
supplements, modifications, and amendments of the options, but no	83
option of that nature shall be recorded if it does not state a	84
specific day and year of expiration of its validity;	85

(d) Any tax certificate sold under section 5721.33 of the	86
Revised Code, or memorandum of it, that is presented for filing of	87
record.	88

(3) A record of powers of attorney, including all memoranda	89
of trust, as described in division (A) of section 5301.255 of the	90
Revised Code, that do not describe specific real property;	91

(4) A record of plats, in which shall be recorded all plats	92
and maps of town lots, of the subdivision of town lots, and of	93
other divisions or surveys of lands, any center line survey of a	94
highway located within the county, the plat of which shall be	95
furnished by the director of transportation or county engineer,	96
and all drawings and amendments to drawings, as provided in	97
Chapter 5311. of the Revised Code;	98

(5) A record of leases, in which shall be recorded all	99
leases, memoranda of leases, and supplements, modifications, and	100
amendments of leases and memoranda of leases;	101

(6) A record of declarations executed pursuant to section	102
2133.02 of the Revised Code and durable powers of attorney for	103
health care executed pursuant to section 1337.12 of the Revised	104
Code.	105

(B) All instruments or memoranda of instruments entitled to	106
record shall be recorded in the proper record in the order in	107
which they are presented for record. The recorder may index, keep,	108
and record in one volume unemployment compensation liens, internal	109
revenue tax liens and other liens in favor of the United States as	110
described in division (A) of section 317.09 of the Revised Code,	111
personal tax liens, mechanic's liens, agricultural product liens,	112
notices of liens, certificates of satisfaction or partial release	113
of estate tax liens, discharges of recognizances, excise and	114
franchise tax liens on corporations, broker's liens, and liens	115
provided for in sections 1513.33, 1513.37, 3752.13, 5111.022, and	116
5311.18 of the Revised Code.	117

The recording of an option to purchase real estate, including	118
any supplement, modification, and amendment of the option, under	119
this section shall serve as notice to any purchaser of an interest	120
in the real estate covered by the option only during the period of	121
the validity of the option as stated in the option.	122

(C) In lieu of keeping the six separate sets of records	123
required in divisions (A)(1) to (6) of this section and the	124
records required in division (D) of this section, a county	125
recorder may record all the instruments required to be recorded by	126
this section in two separate sets of record books. One set shall	127
be called the "official records" and shall contain the instruments	128
listed in divisions (A)(1), (2), (3), (5), and (6) and (D) of this	129
section. The second set of records shall contain the instruments	130
listed in division (A)(4) of this section.	131

(D) Except as provided in division (C) of this section, the	132
county recorder shall keep a separate set of records containing	133
all corrupt activity lien notices filed with the recorder pursuant	134
to section 2923.36 of the Revised Code and a separate set of	135
records containing all medicaid fraud lien notices filed with the	136
recorder pursuant to section 2933.75 of the Revised Code.	137

Sec. 1501.01.  Except where otherwise expressly provided, the	138
director of natural resources shall formulate and institute all	139
the policies and programs of the department of natural resources.	140
The chief of any division of the department shall not enter into	141
any contract, agreement, or understanding unless it is approved by	142
the director. No appointee or employee of the director, other than	143
the assistant director, may bind the director in a contract except	144
when given general or special authority to do so by the director.	145

The director shall correlate and coordinate the work and	146
activities of the divisions in the department to eliminate	147
unnecessary duplications of effort and overlapping of functions.	148
The chiefs of the various divisions of the department shall meet	149
with the director at least once each month at a time and place	150
designated by the director.	151

The director may create advisory boards to any of those	152
divisions in conformity with section 121.13 of the Revised Code.	153

The director may accept and expend gifts, devises, and	154
bequests of money, lands, and other properties on behalf of the	155
department or any division thereof under the terms set forth in	156
section 9.20 of the Revised Code. Any political subdivision of	157
this state may make contributions to the department for the use of	158
the department or any division therein according to the terms of	159
the contribution.	160

In administering the coastal management program, the director	161
shall consult with and provide coordination among state agencies,	162
political subdivisions, the United States and its agencies, and	163
interstate, regional, and areawide agencies. Such coordination may	164
include the development of consolidated permit processes regarding	165
applicable permits with state agencies, political subdivisions,	166
and the United States and its agencies.	167

The director may publish and sell or otherwise distribute	168
data, reports, and information.	169

The director shall adopt rules in accordance with Chapter	170
119. of the Revised Code to permit the department to accept by	171
means of a credit card the payment of fees, charges, and rentals	172
at those facilities described in section 1501.07 of the Revised	173
Code that are operated by the department, for any data, reports,	174
or information sold by the department, and for any other goods or	175
services provided by the department.	176

Whenever authorized by the governor to do so, the director	177
may appropriate property for the uses and purposes authorized to	178
be performed by the department and on behalf of any division	179
within the department. This authority shall be exercised in the	180
manner provided in sections 163.01 to 163.22 of the Revised Code	181
for the appropriation of property by the director of	182
administrative services. This authority to appropriate property is	183
in addition to the authority provided by law for the appropriation	184
of property by divisions of the department. The director of	185
natural resources also may acquire by purchase, lease, or	186
otherwise such real and personal property rights or privileges in	187
the name of the state as are necessary for the purposes of the	188
department or any division therein. The director, with the	189
approval of the governor and the attorney general, may sell,	190
lease, or exchange portions of lands or property, real or	191
personal, of any division of the department or grant easements or	192
licenses for the use thereof, or enter into agreements for the	193
sale of water from lands and waters under the administration or	194
care of the department or any of its divisions, when the sale,	195
lease, exchange, easement, agreement, or license for use is	196
advantageous to the state, provided that such approval is not	197
required for leases and contracts made under section 1501.07,	198
1501.09, or 1520.03 or Chapter 1523. of the Revised Code. Water	199
may be sold from a reservoir only to the extent that the reservoir	200
was designed to yield a supply of water for a purpose other than	201
recreation or wildlife, and the water sold is in excess of that	202
needed to maintain the reservoir for purposes of recreation or	203
wildlife.	204

Money received from such sales, leases, easements, exchanges,	205
agreements, or licenses for use, except revenues required to be	206
set aside or paid into depositories or trust funds for the payment	207
of bonds issued under sections 1501.12 to 1501.15 of the Revised	208
Code, and to maintain the required reserves therefor as provided	209
in the orders authorizing the issuance of such bonds or the trust	210
agreements securing such bonds, revenues required to be paid and	211
credited pursuant to the bond proceeding applicable to obligations	212
issued pursuant to section 154.22, and revenues generated under	213
section 1520.05 of the Revised Code, shall be deposited in the	214
state treasury to the credit of the fund of the division of the	215
department having prior jurisdiction over the lands or property.	216
If no such fund exists, the money shall be credited to the general	217
revenue fund. All such money received from lands or properties	218
administered by the division of wildlife shall be credited to the	219
wildlife fund.	220

The director shall provide for the custody, safekeeping, and	221
deposit of all moneys, checks, and drafts received by the	222
department or its employees prior to paying them to the treasurer	223
of state under section 113.08 of the Revised Code.	224

The director shall cooperate with the nature conservancy,	225
other nonprofit organizations, and the United States fish and	226
wildlife service in order to secure protection of islands in the	227
Ohio river and the wildlife and wildlife habitat of those islands.	228

Any instrument by which real property is acquired pursuant to	229
this section shall identify the agency of the state that has the	230
use and benefit of the real property as specified in section	231
5301.012 of the Revised Code.	232

Sec. 1504.02.  (A) The division of real estate and land	233
management shall do all of the following:	234

(1) Except as otherwise provided in the Revised Code,	235
coordinate and conduct all real estate functions for the	236
department of natural resources, including at least acquisitions	237
by purchase, lease, gift, devise, bequest, appropriation, or	238
otherwise; grants through sales, leases, exchanges, easements, and	239
licenses; inventories of land; and other related general	240
management duties;	241

(2) Assist the department and its divisions by providing	242
department-wide planning, including at least master planning,	243
comprehensive planning, capital improvements planning, and special	244
purpose planning such as trails coordination and planning under	245
section 1519.03 of the Revised Code;	246

(3) On behalf of the director of natural resources,	247
administer the coastal management program established under	248
sections 1506.01 to 1506.03 and 1506.05 to 1506.09 of the Revised	249
Code and consult with and provide coordination among state	250
agencies, political subdivisions, the United States and agencies	251
of it, and interstate, regional, and areawide agencies to assist	252
the director in executing the director's duties and	253
responsibilities under that program and to assist the department	254
as the lead agency for the development and implementation of the	255
program;	256

(4) On behalf of the director, administer sections 1506.10	257
and 1506.11 and sections 1506.31 to 1506.36 of the Revised Code;	258

(5) Cooperate with the United States and agencies of it and	259
with political subdivisions in administering federal recreation	260
moneys under the "Land and Water Conservation Fund Act of 1965,"	261
78 Stat. 897, 16 U.S.C.A. 4601-8, as amended; prepare and	262
distribute the statewide comprehensive outdoor recreation plan;	263
and administer the state recreational vehicle fund created in	264
section 4519.11 of the Revised Code;	265

(6)(4)(a) Support the geographic information system needs for	266
the department as requested by the director, which shall include,	267
but not be limited to, all of the following:	268

(i) Assisting in the training and education of department	269
resource managers, administrators, and other staff in the	270
application and use of geographic information system technology;	271

(ii) Providing technical support to the department in the	272
design, preparation of data, and use of appropriate geographic	273
information system applications in order to help solve resource	274
related problems and to improve the effectiveness and efficiency	275
of department delivered services;	276

(iii) Creating, maintaining, and documenting spatial digital	277
data bases for the division and for other divisions as assigned by	278
the director.	279

(b) Provide information to and otherwise assist government	280
officials, planners, and resource managers in understanding land	281
use planning and resource management;	282

(c) Provide continuing assistance to local government	283
officials and others in natural resource digital data base	284
development and in applying and utilizing the geographic	285
information system for land use planning, current agricultural use	286
value assessment, development reviews, coastal management, and	287
other resource management activities;	288

(d) Coordinate and administer the remote sensing needs of the	289
department, including the collection and analysis of aerial	290
photography, satellite data, and other data pertaining to land,	291
water, and other resources of the state;	292

(e) Prepare and publish maps and digital data relating to the	293
state's land use and land cover over time on a local, regional,	294
and statewide basis;	295

(f) Locate and distribute hard copy maps, digital data,	296
aerial photography, and other resource data and information to	297
government agencies and the public.	298

(7)(5) Prepare special studies and execute any other duties,	299
functions, and responsibilities requested by the director.	300

(B) The division may do any of the following:

301

(1) Coordinate such environmental matters concerning the	302
department and the state as are necessary to comply with the	303
"National Environmental Policy Act of 1969," 83 Stat. 852, 42	304
U.S.C.A. 4321, as amended, the "Intergovernmental Cooperation Act	305
of 1968," 82 Stat. 1098, 31 U.S.C.A. 6506, and the "Federal Water	306
Pollution Control Act," 91 Stat. 1566 (1977), 33 U.S.C.A. 1251, as	307
amended, and regulations adopted under those acts;	308

(2) With the approval of the director, coordinate and	309
administer compensatory mitigation grant programs and other	310
programs for streams and wetlands as approved in accordance with	311
certifications and permits issued under sections 401 and 404 of	312
the "Federal Water Pollution Control Act", 91 Stat. 1566(1977), 33	313
U.S.C.A. 1251, as amended, by the environmental protection agency	314
and the United States army corps of engineers;	315

(3) Administer any state or federally funded grant program	316
that is related to natural resources and recreation as considered	317
necessary by the director.	318

Sec. 1506.01.  As used in this chapter:

319

(A) "Coastal area" means the waters of Lake Erie, the islands	320
in the lake, and the lands under and adjacent to the lake,	321
including transitional areas, wetlands, and beaches. The coastal	322
area extends in Lake Erie to the international boundary line	323
between the United States and Canada and landward only to the	324
extent necessary to include shorelands, the uses of which have a	325
direct and significant impact on coastal waters as determined by	326
the director of natural resources.	327

(B) "Coastal management program" means the comprehensive	328
action of the state and its political subdivisions cooperatively	329
to preserve, protect, develop, restore, or enhance the resources	330
of the coastal area, to prevent erosion, and to ensure wise use of	331
the land and water resources of the coastal area, giving attention	332
to natural, cultural, historic, and aesthetic values;	333
agricultural, recreational, energy, and economic needs; the	334
interests and littoral rights of private property owners in the	335
coastal areas; and the national interest. "Coastal management	336
program" includes the establishment of objectives, policies,	337
standards, and criteria concerning, without limitation, protection	338
of air, water, wildlife, rare and endangered species, wetlands and	339
natural areas, and other natural resources in the coastal area;	340
management of coastal development and redevelopment; preservation	341
and restoration of historic, cultural, and aesthetic coastal	342
features; and public access to the coastal area for recreation	343
purposes.	344

(C) "Coastal management program document" means a	345
comprehensive statement consisting of, without limitation, text,	346
maps, and illustrations that is adopted by the director in	347
accordance with this chapter, describes the objectives, policies,	348
standards, and criteria of the coastal management program for	349
guiding public and private uses of lands and waters in the coastal	350
area, lists the governmental agencies, including, without	351
limitation, state agencies, involved in implementing the coastal	352
management program, describes their applicable policies and	353
programs, and cites the statutes and rules under which they may	354
adopt and implement those policies and programs.	355

(D) "Person" means any agency of this state, any political	356
subdivision of this state or of the United States, and any legal	357
entity defined as a person under section 1.59 of the Revised Code.	358

(E) "Director" means the director of natural resources or the	359
director's designee.	360

(F) "Permanent structure" means any residential, commercial,	361
industrial, institutional, or agricultural building, any mobile	362
home as defined in division (O) of section 4501.01 of the Revised	363
Code, any manufactured home as defined in division (C)(4) of	364
section 3781.06 of the Revised Code, and any septic system that	365
receives sewage from a single-family, two-family, or three-family	366
dwelling, but does not include any recreational vehicle as defined	367
in section 4501.01 of the Revised Code.	368

(G) "State agency" or "agency of the state" has the same	369
meaning as "agency" as defined in section 111.15 of the Revised	370
Code.	371

(H) "Coastal flood hazard area" means any territory within	372
the coastal area that has been identified as a flood hazard area	373
under the "Flood Disaster Protection Act of 1973," 87 Stat. 975,	374
42 U.S.C.A. 4002, as amended.	375

(I) "Coastal erosion area" means any territory included in	376
Lake Erie coastal erosion areas identified by the director under	377
section 1506.06 of the Revised Code.	378

(J) "Southerly shore" and "natural shoreline" mean the line	379
at which the water usually stands when free from disturbing	380
causes.	381

(K) "Conservancy district" means a conservancy district that	382
is established under Chapter 6101. of the Revised Code.	383

(L) "Park board" means the board of park commissioners of a	384
park district that is created under Chapter 1545. of the Revised	385
Code.	386

(M) "Erosion control structure" means anything that is	387
designed primarily to reduce or control erosion of the shore along	388
or near Lake Erie, including, without limitation, revetments,	389
seawalls, bulkheads, groins or breakwaters, and similar	390
structures. "Erosion control structure" does not include wharves,	391
piers, docks, marinas, boat ramps, and other similar structures.	392

(N) "Littoral rights" means the rights of littoral owners to	393
make reasonable use of the waters of Lake Erie and to access the	394
submerged lands and waters of Lake Erie fronting their lands for	395
purposes of navigation, commerce, fishing, recreation, and other	396
reasonable purposes. "Littoral rights" includes the right to	397
construct such things as piers, fills, erosion control structures,	398
or wharves for the purpose of protecting property from erosion,	399
launching and storing watercraft, and wharfing out to navigable	400
waters. "Littoral rights" also includes the right to own	401
additional lands created by accretion or reliction and, with	402
respect to lands lost by avulsion or artificially induced erosion,	403
to restore the lands out to the natural shoreline as it existed at	404
the time of the loss.	405

(O) "Accretion" means the accumulation of land that results	406
from the deposition of soil, sand, or sediment through the	407
operation of natural causes.	408

(P) "Reliction" means the gradual exposure of land by the	409
recession of a body of water.	410

(Q) "Avulsion" means a sudden and perceptible loss of land by	411
the action of water or other natural causes.	412

Sec. 1506.02.  (A) The department of natural resources is	413
hereby designated the lead agency for the development and	414
implementation of a coastal management program. The director of	415
natural resources:	416

(1) Shall develop and adopt the coastal management program	417
document. The director shall cooperate and coordinate with other	418
agencies of the state and its political subdivisions in the	419
development of the document. Before adopting the document, the	420
director shall hold four public hearings on it in the coastal	421
area, and may hold additional public meetings, to give the public	422
the opportunity to make comments and recommendations concerning	423
its terms. The director shall consider the public comments and	424
recommendations before adopting the document. The director may	425
amend the coastal management program document, provided that,	426
prior to making changes in it, the director notifies by mail those	427
persons who submitted comments and recommendations concerning the	428
original document, the members of the Lake Erie coastal advisory	429
council created in section 1506.12 of the Revised Code, and the	430
appropriate agencies of the state and its political subdivisions.	431
The director mayshall hold at least one public hearing on the	432
proposed changes in a community that has Lake Erie shoreline	433
property within its geographical boundaries. In addition, the	434
director shall publish notice of the date, time, and location of	435
the hearing in newspapers of general circulation in the counties	436
having Lake Erie shoreline property within their geographical	437
boundaries.	438

(2) Shall administer the coastal management program in	439
accordance with the coastal management program document, this	440
chapter, and rules adopted under it;	441

(3) Shall adopt and may amend or rescind rules under Chapter	442
119. of the Revised Code for the implementation, administration,	443
and enforcement of the coastal management program and the other	444
provisions of this chapter. The rules shall establish a fee	445
schedule for construction permits issued under section 1506.40 of	446
the Revised Code, provided that no fee on the schedule shall	447
exceed five hundred dollars. The fee schedule shall be based on	448
the total square footage of the structure, development, or	449
improvement for which a construction permit is to be issued under	450
that section. Before the adoption, amendment, or rescission of	451
rules under division (A)(3) of this section, the director shall do	452
all of the following:	453

(a) Maintain a list of interested public and private	454
organizations and mail notice to those organizations of any	455
proposed rule or amendment to or rescission of a rule at least	456
thirty days before any public hearing on the proposal;	457

(b) Mail a copy of each proposed rule, amendment, or	458
rescission to any person who requests a copy within five days	459
after receipt of the request;	460

(c) Consult with appropriate statewide organizations and	461
units of local government that would be affected by the proposed	462
rule, amendment, or rescission.	463

Although the director is expected to discharge thesethe	464
duties established in divisions (A)(3)(a) to (c) of this section	465
diligently, failure to mail any notice or copy or to so consult	466
with any person is not jurisdictional and shall not be construed	467
to invalidate any proceeding or action of the director.	468

In addition, the director shall consult with the Lake Erie	469
coastal advisory council before adopting, amending, or rescinding	470
rules under division (A)(3) of this section.	471

(4) Shall provide for consultation and coordination between	472
and among state agencies, political subdivisions of the state, and	473
interstate, regional, areawide, and federal agencies in carrying	474
out the purposes of the coastal management program and the other	475
provisions of this chapter;	476

(5) Shall, to the extent practicable and consistent with the	477
protection of coastal area resources, coordinate the rules and	478
policies of the department of natural resources with the rules and	479
policies of other state and federal agencies to simplify and	480
consolidate the regulation of activities along the Lake Erie	481
shoreline;	482

(6) May, to accomplish the purposes of the coastal management	483
program and the other provisions of this chapter, contract with	484
any person and may accept and expend gifts, bequests, and grants	485
of money or property from any person.	486

(B) Every agency of the state, upon request of the director,	487
shall cooperate with the department of natural resources in the	488
implementation of the coastal management program.	489

(C) The director shall establish a coastal management	490
assistance grant program. Grants may be awarded from federal funds	491
received for that purpose and from such other funds as may be	492
provided by law to any municipal corporation, county, township,	493
park district created under section 511.18 or 1545.04 of the	494
Revised Code, conservancy district established under Chapter 6101.	495
of the Revised Code, port authority, other political subdivision,	496
state agency, educational institution, or nonprofit corporation to	497
help implement, administer, or enforce any aspect of the coastal	498
management program. Grants may be used for any of the following	499
purposes:	500

(1) Feasibility studies and engineering reports for projects	501
that are consistent with the policies in the coastal management	502
program document;	503

(2) The protection and preservation of wetlands, beaches,	504
fish and wildlife habitats, minerals, natural areas, prime	505
agricultural land, endangered plant and animal species, or other	506
significant natural coastal resources;	507

(3) The management of shoreline development to prevent loss	508
of life and property in coastal flood hazard areas and coastal	509
erosion areas, to set prioitiespriorities for water-dependent	510
energy, commercial, industrial, agricultural, and recreational	511
uses, or to identify environmentally acceptable sites for dredge	512
spoil disposal;	513

(4) Increasing public access to Lake Erie and other public	514
places in the coastal area, provided that the land acquired for	515
that purpose is purchased from a willing seller;	516

(5) The protection and preservation of historical, cultural,	517
or aesthetic coastal resources;	518

(6) Improving the predictability and efficiency of	519
governmental decision making related to coastal area management;	520

(7) AdoptingDeveloping, adopting, administering, and	521
enforcing zoning ordinances or resolutions relating to coastal	522
flood hazard areas or coastal erosion areas;	523

(8) The redevelopment of deteriorating and underutilized	524
waterfronts and ports;	525

(9) Other purposes that are approved by the director and that	526
are consistent with the purposes specified in division (C) of this	527
section.	528

Sec. 1506.06.  (A) The director of natural resources, using	529
the best available scientific records, data, and analyses of	530
shoreline recession, shall make a preliminary identification of	531
Lake Erie coastal erosion areas, which are the land areas	532
anticipated to be lost by Lake Erie-related erosion within a	533
thirty-year period if no additional approved erosion control	534
measures are completed within that time. The preliminary	535
identification shall state the bluff recession rates for the	536
coastal erosion areas and shall take into account areas where	537
substantial filling, protective measures, or naturally stable land	538
has significantly reduced recession. Prior to making the	539
preliminary identification, the director shall consult with the	540
appropriate authority of each municipal corporation, county, and	541
township having territory within an area that the director	542
proposes to identify as a Lake Erie coastal erosion area. Upon	543
making the preliminary identification, the director shall notify	544
by certified mail the appropriate authority of each municipal	545
corporation, county, and township having territory within a Lake	546
Erie coastal erosion area of the preliminary identification. The	547
notice shall delineate the portion of a Lake Erie coastal erosion	548
area within the jurisdiction of, and shall be made available for	549
public inspection by, the municipal corporation, county, or	550
township. The director also shall publish a notice in a newspaper	551
of general circulation in each affected locality stating that the	552
preliminary identification has been made and stating where	553
information delineating the Lake Erie coastal erosion areas may be	554
inspected by the public and shall notify each landowner of record	555
in a coastal erosion area of the preliminary identification. The	556
notification shall be sent by certified mail to the landowner at	557
the address indicated in the most recent tax duplicate. Within	558
sixty days after the notifications required by this division, the	559
director shall hold public hearings in each of the shoreline	560
counties on the preliminary identification of the Lake Erie	561
coastal erosion areas. Any affected municipal corporation, county,	562
township, or private landowner may file with the director a	563
written objection to the preliminary identification at any of	564
those hearings or at any other time within one hundred twenty days	565
from the date indicated in the certified mail notice, which date	566
shall be one week following the date of the notice. For any such	567
objection, verifiable evidence or documentation shall be submitted	568
indicating that some portion of a Lake Erie coastal erosion area	569
should not have been included in the areas defined by the	570
preliminary identification. A municipal corporation, county, or	571
township may object only with respect to territory within its	572
jurisdiction or other territory that it owns; a private landowner	573
may object only with respect to the landowner's land.	574

(B) The director shall review all objections filed under	575
division (A) of this section. The director may then modify the	576
preliminary identification of Lake Erie coastal erosion areas.	577
Within the next ninety days, the director shall notify each	578
objecting person of the director's decision regarding the	579
objection. The director also shall notify, within that ninety-day	580
period, any other owner for whom the director's decision results	581
in a modification on that other owner's property.	582

(C) Whenever the preliminary identification of a Lake Erie	583
coastal erosion area is modified as a result of an objection, the	584
director shall so notify the affected municipal corporation,	585
county, or township and shall publish a notice of the modification	586
in a newspaper of general circulation in the affected locality.	587
Objections to modifications may be filed within sixty days of the	588
newspaper notification required by this division or within sixty	589
days of the date of the property owner's notification required by	590
division (B) of this section, whichever is later, and shall be	591
filed in the same manner as objections to the original preliminary	592
identification. The director shall rule on each objection to a	593
modification within sixty days after receiving it.	594

(D) After the director has ruled on each objection filed	595
under division (B) or (C) of this section, the director shall make	596
a final identification of the Lake Erie coastal erosion areas and	597
shall notify by certified mail the appropriate authority of each	598
affected municipal corporation, county, and township of the final	599
identification. The final identification may be appealed under	600
section 1506.08 of the Revised Code.	601

(E) At least once every ten years, the director shall review	602
and may revise the identification of Lake Erie coastal erosion	603
areas, taking into account any recent natural or artificially	604
induced changes affecting anticipated recession. The review and	605
revision shall be done in the same manner as that provided for	606
original preliminary and final identification in this section.	607

(F) Any person who has received written notice under this	608
section or section 5302.30 of the Revised Code that a parcel or	609
any portion of a parcel of real property that the person owns has	610
been included in a Lake Erie coastal erosion area identified under	611
this section shall not sell or transfer any interest in that real	612
property unless the person first provides written notice to the	613
purchaser or grantee that the real property is included in a Lake	614
Erie coastal erosion area. The written notice shall be provided in	615
accordance with section 5302.30 of the Revised Code.	616

(G) No state agency, county, township, or municipal	617
corporation, or any other political subdivision or special	618
district in this state established by law shall use the fact that	619
property has been identified as a Lake Erie coastal erosion area	620
as a basis for any of the following:	621

(1) Failing to enter into or renew a lease under section	622
1506.11 of the Revised Code or to issue or renew a construction	623
permit under section 1506.111506.40 of the Revised Code;	624

(2) Failing to issue or renew a permit required by law, other	625
than a permit issued under section 1506.07 of the Revised Code;	626

(3) Taking private property for public use in the exercise of	627
the power of eminent domain;	628

(4) Determining what constitutes just compensation for a	629
taking of the property in the exercise of the power of eminent	630
domain.	631

Sec. 1506.08.  Any person who is adversely affected by the	632
final identification of a Lake Erie coastal erosion area under	633
division (D) of section 1506.06 of the Revised Code or any other	634
final administrative act of the director of natural resources	635
under this chapter or who receives denial of a permit application	636
under rules adopted under division (A) of section 1506.07 of the	637
Revised Code, within thirty days after the identification, act, or	638
denial, may appeal it in accordance with Chapter 119. of the	639
Revised Code, except that, notwithstanding any provisions to the	640
contrary in that chapter, both of the following apply:	641

(A) Any adjudication hearing shall be held in the county in	642
which the property that is the subject of the final administrative	643
act of the director is located.	644

(B) An appeal brought pursuant to section 119.12 of the	645
Revised Code shall be made to the court of common pleas of the	646
county in which the property that is the subject of the appeal is	647
located.	648

Sec. 1506.10.  It is hereby declared that the waters of Lake	649
Erie consisting of the territory within the boundaries of the	650
state, extending from the southerly shore of Lake Erie to the	651
international boundary line between the United States and Canada,	652
together with the soil beneath and their contents, do now belong	653
and have always, since the organization of the state of Ohio,	654
belonged to the state as proprietor in trust for the people of the	655
state, for the public uses to which they may be adapted, subject	656
to the powers of the United States government, to the public	657
rights of navigation, water commerce, and fishery, and to the	658
property and littoral rights of littoral owners, including the	659
right to make reasonable use of the waters in front of or flowing	660
pass their lands. Any artificial encroachments by public or	661
private littoral owners, whichthat interfere with the free flow	662
of commerce in navigable channels, whether in the form of wharves,	663
piers, fills, or otherwise, beyond the natural shoreline of those	664
waters, not expressly authorized by the general assembly, acting	665
within its powers, or pursuant to section 1506.11 of the Revised	666
Code, shall not be considered as having prejudiced the rights of	667
the public in such domain. This section does not limit the right	668
of the state to control, improve, or place aids to navigation in	669
the other navigable waters of the state or the territory formerly	670
covered thereby.	671

The department of natural resources is hereby designated as	672
the state agency in all matters pertaining to the care,	673
protection, and enforcement of the state's rights designated in	674
this section. In any proceeding that involves littoral rights and	675
the determination of the location of the natural shoreline of Lake	676
Erie as it applies to a situation in which a littoral owner	677
restores lands that were lost to submersion, the department shall	678
bear the burden of proving that the lands became submerged as a	679
result of natural erosion rather than as a result of avulsion or	680
artificially induced erosion.	681

Any order of the director of natural resources in any matter	682
pertaining to the care, protection, and enforcement of the state's	683
rights in that territory is a rule or adjudication within the	684
meaning of sections 119.01 to 119.13Chapter 119. of the Revised	685
Code.	686

Sec. 1506.11.  (A) "Territory," as used in this section,	687
means the waters and the lands presently underlying the waters of	688
Lake Erie and the lands formerly underlying the waters of Lake	689
Erie and now artificially filled, other than lands that are	690
artificially filled pursuant to the exercise of littoral rights,	691
between the natural shoreline and the international boundary line	692
with Canada.	693

(B) Whenever the state, acting through the director of	694
natural resources, upon application of any person who wants to	695
develop or improve part of the territory primarily for purposes	696
other than the exercise of littoral rights, and after notice that	697
the director, at the director's discretion, may give as provided	698
in this section, determines that any part of the territory can be	699
developed and improved or the waters thereof used as specified in	700
the application without impairment of the public right of	701
navigation, water commerce, and fishery, a lease of all or any	702
part of the state's interest therein may be entered into with the	703
applicant, or a permit may be issued for that purpose, subject to	704
the powers of the United States government and in accordance with	705
rules adopted by the director in accordance with Chapter 119. of	706
the Revised Code, and without prejudice to the littoral rights of	707
any owner of land fronting on Lake Erie, provided that the	708
legislative authority of the municipal corporation within which	709
any such part of the territory is located, if the municipal	710
corporation is not within the jurisdiction of a port authority, or	711
the county commissioners of the county within which such part of	712
the territory is located, excluding any territory within a	713
municipal corporation or under the jurisdiction of a port	714
authority, or the board of directors of a port authority with	715
respect to such part of the territory included in the jurisdiction	716
of the port authority, has enacted an ordinance or adopted a	717
resolution finding and determining that such part of the	718
territory, described by metes and bounds or by an alternate	719
description referenced to the applicant's upland property	720
description that is considered adequate by the director, is not	721
necessary or required for the construction, maintenance, or	722
operation by the municipal corporation, county, or port authority	723
of breakwaters, piers, docks, wharves, bulkheads, connecting ways,	724
water terminal facilities, and improvements and marginal highways	725
in aid of navigation and water commerce and that the land uses	726
specified in the application comply with regulation of permissible	727
land use under a waterfront plan of the local authority.	728

(C) Upon the filing of the application with the director, the	729
director may hold a public hearing thereon and may cause written	730
notice of the filing to be given to any municipal corporation,	731
county, or port authority, as the case may be, in which such part	732
of the territory is located and also shall cause public notice of	733
the filing to be given by advertisement in a newspaper of general	734
circulation within the locality where such part of the territory	735
is located. If a hearing is to be held, public notice of the	736
filing may be combined with public notice of the hearing and shall	737
be given once a week for four consecutive weeks prior to the date	738
of the initial hearing. All hearings shall be before the director	739
and shall be open to the public, and a record shall be made of the	740
proceeding. Parties thereto are entitled to be heard and to be	741
represented by counsel. The findings and order of the director	742
shall be in writing. All costs of the hearings, including	743
publication costs, shall be paid by the applicant. The director	744
also may hold public meetings on the filing of an application.	745

If the director finds that a lease may properly be entered	746
into with the applicant or a permit may properly be issued to the	747
applicant, the director shall determine the consideration to be	748
paid by the applicant, which consideration shall exclude the value	749
of the littoral rights of the owner of land fronting on Lake Erie	750
and improvements made or paid for by the owner of land fronting on	751
Lake Erie or that owner's predecessors in title. The lease or	752
permit may be for such periods of time as the director determines	753
On and after the effective date of this amendment, a lease entered	754
into under this section shall be for a period of time that is	755
equal to the life of the development or improvement for purposes	756
other than the exercise of littoral rights that is the subject of	757
the lease. The	758

The rentals received under the terms of such a lease or	759
permit shall be paid into the state treasury to the credit of the	760
Lake Erie submerged lands fund, which is hereby created, and shall	761
be distributed from that fund as follows:	762

(1) Fifty per cent of each rental shall be paid to the	763
department of natural resources for the administration of this	764
section and section 1506.10 of the Revised Code and for the	765
coastal management assistance grant program required to be	766
established under division (C) of section 1506.02 of the Revised	767
Code;	768

(2) Fifty per cent of each rental shall be paid to the	769
municipal corporation, county, or port authority making the	770
finding provided for in this section.	771

All leases and permits shall be executed in the manner	772
provided by section 5501.015301.01 of the Revised Code and shall	773
contain, in addition to the provisions required in this section, a	774
reservation to the state of all mineral rights and a provision	775
that the removal of any minerals shall be conducted in such manner	776
as not to damage any improvements placed by the littoral owner,or	777
lessee, or permit holder on the lands. No lease or permit of the	778
lands defined in this section shall express or imply any control	779
of fisheries or aquatic wildlife now vested in the division of	780
wildlife of the department.	781

(D) Upland owners who, prior to October 13, 1955January 1,	782
2008, have erected, developed, or maintained structures,	783
facilities, buildings, or improvements or made use of waters	784
primarily for purposes other than the exercise of littoral rights	785
in the part of the territory in front of those uplands shall be	786
granted a lease or permitunder this section by the state upon the	787
presentation of a certification by the chief executive of a	788
municipal corporation, resolution of the board of county	789
commissioners, or resolution of the board of directors of the port	790
authority establishing that the structures, facilities, buildings,	791
improvements, or uses do not constitute an unlawful encroachment	792
on navigation and water commerce. The lease or permit shall	793
specifically enumerate the structures, facilities, buildings,	794
improvements, or uses so included.	795

(E) Persons having secured a lease or permit under this	796
section are entitled to just compensation for the taking, whether	797
for navigation, water commerce, or otherwise, by any governmental	798
authority having the power of eminent domain, of structures,	799
facilities, buildings, improvements, or uses erected or placed	800
upon the territory pursuant to the lease or permit or the littoral	801
rights of the person and for the taking of the leasehold and the	802
littoral rights of the person pursuant to the procedure provided	803
in Chapter 163. of the Revised Code. The compensation shall not	804
include any compensation for the site in the territory except to	805
the extent of any interest in the site theretofore acquired by the	806
person under this section or by prior acts of the general assembly	807
or grants from the United States government. The failure of any	808
person to apply for or obtain a lease or permit under this section	809
does not prejudice any right the person may have to compensation	810
for a taking of littoral rights or of improvements made in	811
accordance with a lease, a permit, or littoral rights.	812

(F) If any taxes or assessments are levied or assessed upon	813
propertya structure that is the subject of a lease or permit	814
under this section, the taxes or assessments are the obligation of	815
the lessee or permit holder.	816

(G) If a lease or permit secured under this section requires	817
the lessee or permit holder to obtain the approval of the	818
department or any of its divisions for any changes in structures,	819
facilities, or buildings, for any improvements, or for any changes	820
or expansion in uses, no lessee or permit holder shall change any	821
structures, facilities, or buildings, make any improvements, or	822
expand or change any uses unless the director first determines	823
that the proposed action will not adversely affect any current or	824
prospective exercise of the public right of recreation in the	825
territory and in the state's reversionary interest in any	826
territory leased or permitted under this section.	827

Proposed changes or improvements shall be deemed to	828
"adversely affect" the public right of recreation if the changes	829
or improvements cause or will cause any significant demonstrable	830
negative impact upon any present or prospective recreational use	831
of the territory by the public during the term of the lease or	832
permit or any renewals of leases and of any public recreational	833
use of the leased or permitted premises in which the state has a	834
reversionary interest.	835

Sec. 1506.12.  There is hereby created the Lake Erie coastal	836
resources advisory council, which shall consist of nineteenthe	837
director of natural resources or the director's designee and	838
nineteen members,who shall be appointed by the director of	839
natural resources,governor and who represent a broad range of	840
interests, experience, and knowledge relating to the management,	841
use, conservation, protection, preservation, and development of	842
coastal area resources. The directorgovernor shall solicit names	843
of qualified persons to serve on the council from the legislative	844
authorities of counties, townships, municipal corporations, and	845
other political subdivisions and from interest groups located in	846
the coastal area. The directorgovernor shall appoint to the	847
council at least one member from each shoreline county, which	848
members shall be selected from the names submitted to the director	849
governor as described above and at least one of which shall be a	850
public official of such a county; at least three individuals who	851
own private shoreline property in a shoreline county; at least one	852
public official of a municipal corporation that is located in a	853
has shoreline countyproperty within its geographical boundaries;	854
at least two individuals who are members of the Ohio association	855
of realtors and whose places of business as specified in section	856
4735.16 of the Revised Code are located in the shoreline area; at	857
least three individuals who have an interest in or are	858
knowledgeable about the preservation of submerged resources, two	859
of whom shall be experienced in scuba diving; and at least two	860
individuals with experience in residential and commercial land	861
development in the shoreline area. Not fewer than seven members	862
shall be individuals who are year-round residents who live	863
adjacent to the shoreline. No more than ten members of the council	864
shall be from the same political party. The director may	865
participate in the deliberations of the council, but shall not	866
vote.	867

The members of the council first appointed by the director	868
shall serve terms commencing no later than one hundred eighty days	869
after March 15, 1989, and expiring on February 1, 1990. On	870
February 2, 1990, the director shall appoint six members to serve	871
for a term of one year and seven members to serve for a term of	872
two years. The members first appointed by the director after the	873
effective date of this amendment shall serve terms commencing no	874
later than one hundred eighty days after that date. Three of those	875
members shall serve terms expiring on February 1, 1997, and three	876
of those members shall serve terms expiring on February 1, 1998.	877
On February 2, 1997, the director shall appoint nine members to	878
serve for a term of three years to replace all members whose terms	879
of office expired on February 1, 1997. On February 2, 1998, the	880
director shall appoint ten members to serve for a term of four	881
years to replace all members whose terms of office expired on	882
February 1, 1998.	883

On the effective date of this amendment, the governor shall	884
begin the process of appointing members to the council. Not later	885
than three months following that date, all of the governor's	886
appointments shall be completed, and the terms of the initial	887
members of the council shall commence. Nine of the initial members	888
shall be appointed for terms ending on the first day of February	889
of the year that is two years following the year in which the	890
effective date of this amendment occurs. Ten of the initial	891
members shall be appointed for terms ending on the first day of	892
February of the year that is four years following the year in	893
which the effective date of this amendment occurs. Thereafter,	894
terms of office for all appointed members shall be for four years	895
commencing on the second day of February and ending on the first	896
day of February. Members may be reappointed to the council.	897

The directorgovernor may remove any appointed member at any	898
time for inefficiency, neglect of duty, or malfeasance in office.	899
In the event of the death, removal, resignation, or incapacity of	900
any appointed member, the directorgovernor shall appoint a	901
successor to hold office for the remainder of the term for which	902
the member's predecessor was appointed. Any appointed member shall	903
continue in office subsequent to the expiration date of the	904
member's term until the member's successor takes office, or until	905
a period of sixty days has elapsed, whichever occurs first.	906

Membership on the council does not constitute holding a	907
public office or position of employment under state law and is not	908
grounds for removal of public officers or employees from their	909
offices or positions of employment.	910

The council annually shall select from its members a	911
chairperson and a vice-chairperson. The council shall hold at	912
least one meeting every three months and shall keep a record of	913
its proceedings, which shall be open to the public for inspection.	914
Special meetings may be called by the chairperson and shall be	915
called upon the written request of two or more members. A majority	916
of the members constitutes a quorum. The department of natural	917
resources shall furnish clerical, technical, legal, and other	918
services required by the council in the performance of its duties.	919

Members shall receive no compensation, but shall be	920
reimbursed from appropriations to the department for the actual	921
and necessary expenses incurred by them in the performance of	922
their official duties.	923

The council shall do all of the following:

924

(A) Advise the director on carrying out the director's duties	925
under this chapter, including, without limitation, implementation	926
of the coastal management program;	927

(B) Recommend to the director such policies and legislation	928
as are necessary to preserve, protect, develop, and restore or	929
enhance the coastal resources of the state;	930

(C) Review and make recommendations to the director on the	931
development of policies, plans, and programs for long-term,	932
comprehensive coastal resource management, including, without	933
limitation, the coastal management program document adopted under	934
division (A)(1) of section 1506.02 of the Revised Code;	935

(D) Recommend to the director ways to enhance cooperation	936
among governmental agencies, including, without limitation, state	937
agencies, having an interest in coastal management and to	938
encourage wise use and protection of the state's coastal	939
resources. The council may request information and other	940
assistance from those governmental agencies for this purpose.	941

Sec. 1521.20.        Sec. 1506.38.  The chiefdirector of the division of	942
waternatural resources shall act as the erosion agent of the	943
state for the purpose of cooperating with the secretary of the	944
army, acting through the chief of engineers of the United States	945
army corps of engineers in the department of defense. The chief	946
director shall cooperate with the secretary in carrying out, and	947
may conduct, investigations and studies of conditions along the	948
shorelines of Lake Erie and of the bays and projections therefrom,	949
and of the islands therein, within the territorial waters of the	950
state, with a view to devising and perfecting economical and	951
effective methods and works for preventing, correcting, and	952
controlling shore erosion and damage therefrom and controlling the	953
inundation of improved property by the waters of Lake Erie, its	954
bays, and associated inlets.	955

Sec. 1521.21.        Sec. 1506.39.  The chiefdirector of the division of	956
waternatural resources, in the discharge of the chief's	957
director's duties under sections 1507.201506.38 to 1507.30	958
1506.49 of the Revised Code, may call to the chief'sdirector's	959
assistance, temporarily, any engineers or other employees in any	960
state department, or in the Ohio state university or other	961
educational institutions financed wholly or in part by the state,	962
for the purpose of devising the most effective and economical	963
methods of controlling shore erosion and damage from it and	964
controlling the inundation of improved property byalong the	965
watersshore of Lake Erie and its bays and associated inlets.	966

Such engineers and employees shall not receive any additional	967
compensation over that which they receive from the departments or	968
institutions by which they are employed, but they shall be	969
reimbursed for their actual necessary expenses incurred while	970
working under the direction of the chiefdirector on erosion and	971
inundation projects.	972

Sec. 1521.22.        Sec. 1506.40. (A) As used in this section, "ordinary	973
high water mark" means the ordinary high water mark of Lake Erie	974
that is established from time to time by the United States army	975
corp of engineers for regulatory purposes.	976

(B) The use of the ordinary high water mark shall be for the	977
administration of this section and shall not be construed to	978
determine any type of property boundary.	979

(C) No person shall construct a beach, groinerosion control	980
structure, or other structure to control erosion, wave action, or	981
inundationimprovement along or near the Ohio shoreline of Lake	982
Erie, including related islands, bays, and inlets, lakeward of the	983
ordinary high water mark, without first obtaining a shore	984
structureconstruction permit from the chief of the division	985
director of waternatural resources. The	986

The application for a shore structureconstruction permit	987
shall include detailed plans and specifications as prescribed by	988
the director. The detailed plans and specifications shall be	989
prepared by a professional engineer registered under Chapter 4733.	990
of the Revised Code. Anunless they pertain to a project that is	991
or solely involves any of the following:	992

(1) A project that is not an erosion control structure or the	993
rehabilitation of such a structure;	994

(2) The rehabilitation of a structure for which a permit	995
previously was issued under this section;	996

(3) A project or structure that does not require a	997
professional engineer to prepare the plans or specifications as	998
described in section 4733.18 of the Revised Code;	999

(4) Beach nourishment with natural sand.

1000

An applicant for a construction permit under this section	1001
shall provide appropriate evidence of compliance with any	1002
applicable provisions of this chapter and Chapters 1505. and 1506.	1003
1521. of the Revised Code, as determined by the chiefdirector. A	1004
temporary shore structureconstruction permit may be issued by the	1005
chief or an authorized representative of the chiefdirector if it	1006
is determined necessary to safeguard life, health, or property.	1007

Each application or reapplication for a construction permit	1008
under this section shall be accompanied by a non-refundable fee as	1009
the chief shall prescribe by rulein an amount determined by the	1010
director using the fee schedule established in rules adopted under	1011
section 1506.02 of the Revised Code.	1012

If the application is approved, the chief shall issue a	1013
permit to the applicant authorizing construction of the project.	1014
If	1015

(D) Upon receipt of an application submitted under this	1016
section, the director shall notify owners of littoral real	1017
property that is adjacent to the proposed area of construction,	1018
development, or improvement. The notice shall be in writing, state	1019
that an application for a construction permit has been filed,	1020
summarize the proposed construction, development, or improvement	1021
that is the subject of the application, and state that the	1022
recipient of the notice may submit comments to the director	1023
concerning the application not later than thirty days following	1024
receipt of the notice.	1025

(E) Not later than fifteen days after the director receives	1026
an application for a construction permit under this section, the	1027
director shall determine whether the application is complete and	1028
shall provide written notice to the applicant of the director's	1029
determination. If the application is not complete, the director	1030
shall include in the notice an itemized list of the information or	1031
materials that are necessary to complete the application. If the	1032
director notifies the applicant that information or materials are	1033
necessary to complete the application, the applicant shall provide	1034
the missing information or materials not later than thirty days	1035
after receipt of the notice. The applicant may resubmit the	1036
application with the necessary information or materials. If the	1037
director fails to make a completeness determination and provide	1038
notice to the applicant within fifteen days after receiving the	1039
application, the application shall be deemed complete.	1040

If the project solely involves the exercise of littoral	1041
rights, the director shall issue or deny the construction permit	1042
not later than ninety days after receipt of a complete	1043
application. If the project is for a purpose other than the	1044
exercise of littoral rights, the director shall issue or deny the	1045
construction permit not later than one hundred twenty days after	1046
receipt of a complete application. If the director fails to issue	1047
or deny the construction permit within ninety or one hundred	1048
twenty days, as applicable, after receiving the complete	1049
application, the application shall be deemed approved, and the	1050
director shall issue the permit.	1051

If requested in writing by the applicant within thirty days	1052
of issuance of a notice of disapproval of the application, the	1053
chiefdirector shall conduct an adjudication hearing under Chapter	1054
119. of the Revised Code, except sections 119.12 and 119.121 of	1055
the Revised Code. After reviewing the record of the hearing, the	1056
chiefdirector shall issue a final order approving the	1057
application, disapproving it, or approving it conditioned on the	1058
making of specified revisions in the plans and specifications.	1059

(F) The chiefdirector, by rule, shall limit the period	1060
during which a construction permit issued under this section is	1061
valid and shall establish reapplication requirements governing a	1062
construction permit that expires before construction, development,	1063
or improvement is completed.	1064

In accordance with Chapter 119. of the Revised Code, the	1065
chief shall adopt, and may amend or rescind, such rules as are	1066
necessary for the administration, implementation, and enforcement	1067
of this section.	1068

(G) A beach, erosion control structure, or other improvement	1069
that exists on the effective date of this amendment, is located	1070
lakeward of the ordinary high water mark, and exists primarily for	1071
the purpose of enabling the exercise of littoral rights is not	1072
subject to the requirements established in this section. However,	1073
this exemption applies only to the portion of the beach, erosion	1074
control structure, or other improvement that exists on the	1075
effective date of this amendment and not to any substantial	1076
alteration or expansion to it that subsequently is made by the	1077
littoral owner.	1078

(H) Nothing in this section shall be construed as determining	1079
the boundary of the state's ownership of the waters of Lake Erie	1080
as provided in section 1506.10 of the Revised Code.	1081

Sec. 1521.23.        Sec. 1506.41.  All moneys derived from the granting	1082
of permits and leases under section 1505.07 of the Revised Code	1083
for the removal of sand, gravel, stone, gas, oil, and other	1084
minerals and substances from and under the bed of Lake Erie and	1085
from applications for shore structureconstruction permits	1086
submitted under section 1521.221506.40 of the Revised Code shall	1087
be paid into the state treasury to the credit of the permit and	1088
lease fund, which is hereby created. Notwithstanding any section	1089
of the Revised Code relating to the distribution or crediting of	1090
fines for violations of the Revised Code, all fines imposed under	1091
division (A) of section 1505.99 of the Revised Code and under	1092
division (C)(A) of section 1521.991506.99 of the Revised Code for	1093
violations of section 1506.40 of the Revised Code shall be paid	1094
into that fund. The fund shall be administered by the department	1095
of natural resources for the protection of Lake Erie shores and	1096
waters; investigation and control of erosion; the planning,	1097
development, and construction of facilities for recreational use	1098
of Lake Erie; implementation of section 1521.221506.40 of the	1099
Revised Code; preparation of the state shore erosion plan under	1100
section 1521.291506.47 of the Revised Code; provision of	1101
technical assistance to shoreline property owners under that	1102
section; purchase of land for public access to Lake Erie; and	1103
state administration of Lake Erie coastal erosion areas under	1104
sections 1506.06 and 1506.07 of the Revised Code. Money in the	1105
fund also may be used for grants to a municipal corporation,	1106
county, or port authority having Lake Erie shoreline property	1107
within its geographical boundaries.	1108

Sec. 1521.24.        Sec. 1506.42.  The state, acting through the chief	1109
director of the division of waternatural resources, subject to	1110
section 1521.281506.46 of the Revised Code, may enter into	1111
agreements with counties, townships, municipal corporations, park	1112
boards, and conservancy districts, other political subdivisions,	1113
or any state departments or divisions for the purpose of	1114
constructing and maintaining projects to control erosion along the	1115
Ohio shoreline of Lake Erie and in any rivers and bays that are	1116
connected with Lake Erie and any other watercourses that flow into	1117
Lake Erie. Such projects also may be constructed on any Lake Erie	1118
island that is situated within the boundaries of the state.	1119

The cost of such shore erosion projects that are for the	1120
benefit of public littoral property shall be prorated on the basis	1121
of two-thirds of the total cost to the state through	1122
appropriations made to the divisiondepartment of waternatural	1123
resources and one-third of the cost to the counties, townships,	1124
municipal corporations, park boards, conservancy districts, or	1125
other political subdivisions.	1126

If a shore erosion emergency is declared by the governor, the	1127
state, acting through the chiefdirector, may spend whatever state	1128
funds are available to alleviate shore erosion, without	1129
participation by any political subdivision, regardless of whether	1130
the project will benefit public or private littoral property.	1131

A board of county commissioners, acting for the county over	1132
which it has jurisdiction, may enter into and carry out agreements	1133
with the chiefdirector for the construction and maintenance of	1134
projects to control shore erosion. In providing the funds for the	1135
county's proportionate share of the cost of constructing and	1136
maintaining the projects referred to in this section, the board	1137
shall be governed by and may issue and refund bonds in accordance	1138
with Chapter 133. of the Revised Code.	1139

A municipal corporation or a township, acting through the	1140
legislative authority or the board of township trustees, may enter	1141
into and carry out agreements with the chiefdirector for the	1142
purpose of constructing and maintaining projects to control shore	1143
erosion. In providing the funds for the municipal corporation's or	1144
township's proportionate share of the cost of constructing and	1145
maintaining the projects referred to in this section, a municipal	1146
corporation or township may issue and refund bonds in accordance	1147
with Chapter 133. of the Revised Code. The contract shall be	1148
executed on behalf of the municipal corporation or township by the	1149
mayor, city manager, or other chief executive officer who has the	1150
authority to act for the municipal corporation or township.	1151

Conservancy districts may enter into and carry out agreements	1152
with the chiefdirector, in accordance with the intent of this	1153
section, under the powers conferred upon conservancy districts	1154
under Chapter 6101. of the Revised Code.	1155

Park boards may enter into and carry out agreements with the	1156
chiefdirector, in accordance with the intent of this section, and	1157
issue bonds for that purpose under the powers conferred upon park	1158
districts under Chapter 1545. of the Revised Code.	1159

The chiefdirector shall approve and supervise all projects	1160
that are to be constructed in accordance with this section. The	1161
chiefdirector shall not proceed with the construction of any	1162
project until all funds that are to be paid by the county,	1163
township, municipal corporation, park board, or conservancy	1164
district, in accordance with the terms of the agreement entered	1165
into between the chiefdirector and the county, township,	1166
municipal corporation, park board, or conservancy district, are in	1167
the chief'sdirector's possession and deposited in the shore	1168
erosion fund, which is hereby created in the state treasury. If	1169
the chiefdirector finds it to be in the best interests of the	1170
state to construct projects as set forth in this section by the	1171
state itself, without the financial contribution of counties,	1172
townships, municipal corporations, park boards, or conservancy	1173
districts, the chiefdirector may construct the projects.	1174

In deciding whether to assist a county or municipal	1175
corporation in constructing and maintaining a project under this	1176
section, the state, acting through the chief, shall consider,	1177
among other factors, whether the county or municipal corporation	1178
has adopted or is in the process of adopting a Lake Erie coastal	1179
erosion area resolution or ordinance under division (D) of section	1180
1506.07 of the Revised Code.	1181

All projects constructed by the state in conformity with	1182
sections 1521.201506.38 to 1521.281506.46 of the Revised Code	1183
shall be constructed subject to sections 153.01 to 153.20 of the	1184
Revised Code, except that the state architect and engineer is not	1185
required to prepare the plans and specifications for those	1186
projects.	1187

Sec. 1521.25.        Sec. 1506.43.  The chiefdirector of the division of	1188
waternatural resources may enter into a contract with any county,	1189
township, municipal corporation, conservancy district, or park	1190
board that has an agreement with the state in accordance with	1191
section 1521.241506.42 of the Revised Code for the construction	1192
of a shore erosion project. No contract shall be let until all	1193
money that is to be paid by the political subdivision entering	1194
into the agreement has been deposited in the shore erosion fund	1195
created in that section 1521.24 of the Revised Code, and no	1196
contract shall be valid until approved by the director of natural	1197
resources.	1198

Sec. 1521.26.        Sec. 1506.44.  (A) A board of county commissioners	1199
may use a loan obtained under division (C) of this section to	1200
provide financial assistance to any person who owns real property	1201
in a coastal erosion area, as defined in section 1506.01 of the	1202
Revised Code, and who has received a construction permit under	1203
section 1521.221506.40 of the Revised Code to construct an	1204
erosion control structure in that coastal erosion area. The board	1205
shall enter into an agreement with the person that complies with	1206
all of the following requirements:	1207

(1) The agreement shall identify the person's real property	1208
for which the erosion control structure is being constructed and	1209
shall include a legal description of that property and a reference	1210
to the volume and page of the deed record in which the title of	1211
that person to that property is recorded.	1212

(2) In accordance with rules adopted by the Ohio water	1213
development authority under division (V) of section 6121.04 of the	1214
Revised Code for the purposes of division (C) of this section and	1215
pursuant to an agreement between the board and the authority under	1216
that division, the board shall agree to cause payments to be made	1217
by the authority to the contractor hired by the person to	1218
construct an erosion control structure in amounts not to exceed	1219
the total amount specified in the agreement between the board and	1220
the person.	1221

(3) The person shall agree to pay to the board, or to the	1222
authority as the assignee pursuant to division (C) of this	1223
section, the total amount of the payments plus administrative or	1224
other costs of the board or the authority at times, in	1225
installments, and bearing interest as specified in the agreement.	1226

The agreement may contain additional provisions that the	1227
board determines necessary to safeguard the interests of the	1228
county or to comply with an agreement entered into under division	1229
(C) of this section.	1230

(B) Upon entering into an agreement under division (A) of	1231
this section, the board shall do all of the following:	1232

(1) Cause the agreement to be recorded in the county deed	1233
records in the office of the county recorder of the county in	1234
which the real property is situated. Failure to record the	1235
agreement does not affect the validity of the agreement or the	1236
collection of any amounts due under the agreement.	1237

(2) Establish by resolution an erosion control repayment fund	1238
into which shall be deposited all amounts collected under division	1239
(B)(3) of this section. Moneys in that fund shall be used by the	1240
board for the repayment of the loan and for administrative or	1241
other costs of the board or the authority as specified in an	1242
agreement entered into under division (C) of this section. If the	1243
amount of money in the fund is inadequate to repay the loan when	1244
due, the board of county commissioners, by resolution, may advance	1245
money from any other fund in order to repay the loan if that use	1246
of the money from the other fund is not in conflict with law. If	1247
the board so advances money in order to repay the loan, the board	1248
subsequently shall reimburse each fund from which the board	1249
advances money with moneys from the erosion control repayment	1250
fund.	1251

(3) Bill and collect all amounts when due under the agreement	1252
entered into under division (A) of this section. The board shall	1253
certify amounts not paid when due to the county auditor, who shall	1254
enter the amounts on the real property tax list and duplicate	1255
against the property identified under division (A)(1) of this	1256
section. The amounts not paid when due shall be a lien on that	1257
property from the date on which the amounts are placed on the tax	1258
list and duplicate and shall be collected in the same manner as	1259
other taxes.	1260

(C) A board may apply to the authority for a loan for the	1261
purpose of entering into agreements under division (A) of this	1262
section. The loan shall be for an amount and on the terms	1263
established in an agreement between the board and the authority.	1264
The board may assign any agreements entered into under division	1265
(A) of this section to the authority in order to provide for the	1266
repayment of the loan and may pledge any lawfully available	1267
revenues to the repayment of the loan, provided that no moneys	1268
raised by taxation shall be obligated or pledged by the board for	1269
the repayment of the loan. Any agreement with the authority	1270
pursuant to this division is not subject to Chapter 133. of the	1271
Revised Code or any requirements or limitations established in	1272
that chapter.	1273

(D) The authority, as assignee of any agreement pursuant to	1274
division (C) of this section, may enforce and compel the board and	1275
the county auditor by mandamus pursuant to Chapter 2731. of the	1276
Revised Code to comply with division (B) of this section in a	1277
timely manner.	1278

(E) The construction of an erosion control structure by a	1279
contractor hired by an individual homeowner, group of individual	1280
homeowners, or homeowners association that enters into an	1281
agreement with a board under division (A) of this section is not a	1282
public improvement, as defined in section 4115.03 of the Revised	1283
Code, and is not subject to competitive bidding or public bond	1284
laws.	1285

Sec. 1521.27.        Sec. 1506.45.  The state, or any county, township,	1286
municipal corporation, conservancy district, or park board that	1287
has entered into a contract under section 1521.251506.43 of the	1288
Revised Code, may acquire lands by gift or devise, purchase, or	1289
appropriation. In case of appropriation, the proceedings shall be	1290
instituted in the name of the state or the political subdivision	1291
and shall be conducted in the manner provided for the	1292
appropriation of private property by the state or the political	1293
subdivision insofar as those proceedings are applicable. Either	1294
the fee or any lesser interest may be acquired as the state or the	1295
political subdivision considers advisable.	1296

Sec. 1521.28.        Sec. 1506.46.  Any action taken by the chiefdirector	1297
of the division of waternatural resources under sections 1521.20	1298
1506.38 to 1521.301506.49 of the Revised Code shall not be deemed	1299
in conflict with certain powers and duties conferred upon and	1300
delegated to federal agencies and to municipal corporations under	1301
Section 7 of Article XVIII, Ohio Constitution, or as provided by	1302
sections 721.04 to 721.11 of the Revised Code.	1303

Sec. 1521.29.        Sec. 1506.47.  The chiefdirector of the division of	1304
water, in cooperation with the division of geological survey,	1305
natural resources may prepare a plan for the management of shore	1306
erosion in the state along Lake Erie, its bays, and associated	1307
inlets, revise the plan whenever it can be made more effective,	1308
and make the plan available for public inspection. In the	1309
preparation of the plan, the chiefdirector may employ such	1310
existing plans as are available.	1311

The chiefdirector also may establish a program to provide	1312
technical assistance on shore erosion control measures to	1313
municipal corporations, counties, townships, conservancy	1314
districts, park boards, and shoreline property owners.	1315

Sec. 1521.30.        Sec. 1506.48.  Upon application of any owner of real	1316
property damaged or destroyed by shore erosion, the county auditor	1317
of the county in which the real property is situated shall cause a	1318
reappraisal to be made and shall place the property on the tax	1319
list at its true value in money.	1320

Whenever the county auditor finds that ninety per cent or	1321
more of the area of any littoral parcel of land appearing upon the	1322
tax duplicate has been eroded and lies within the natural	1323
boundaries of Lake Erie and that the remainder of the parcel, if	1324
any, has no taxable value, the auditor may certify that finding to	1325
the county board of revision. Upon consideration thereof, the	1326
board may authorize removal of the parcel from the tax duplicate	1327
and cancellation of all current and delinquent taxes, assessments,	1328
interest, and penalties charged against the parcel.	1329

Sec. 1506.49.  The director of natural resources or any	1330
employee in the service of the department of natural resources,	1331
after providing notice as required by this section, may enter on	1332
lands to conduct surveys and inspections that are necessary or	1333
appropriate for the purposes of reviewing an application for a	1334
permit under this chapter and monitoring the construction of a	1335
structure or project under such a permit. Not less than two nor	1336
more than twelve business days prior to the date of entry, the	1337
director or the employee shall provide, by means that are	1338
reasonably available, notice of the impending entry to the owner	1339
or person in possession of the property that is to be surveyed or	1340
inspected. An entry that is made in accordance with this section	1341
does not constitute a civil or criminal trespass.	1342

Sec. 1521.01.  As used in sections 1521.01 to 1521.05,and	1343
1521.13 to 1521.18, and 1521.20 to 1521.30 of the Revised Code:	1344

(A) "Consumptive use," "diversion," "Lake Erie drainage	1345
basin," "other great lakes states and provinces," "water	1346
resources," and "waters of the state" have the same meanings as in	1347
section 1501.30 of the Revised Code.	1348

(B) "Well" means any excavation, regardless of design or	1349
method of construction, created for any of the following purposes:	1350

(1) Removing ground water from or recharging water into an	1351
aquifer, excluding subsurface drainage systems installed to	1352
enhance agricultural crop production or urban or suburban	1353
landscape management or to control seepage in dams, dikes, and	1354
levees;	1355

(2) Determining the quantity, quality, level, or movement of	1356
ground water in or the stratigraphy of an aquifer, excluding	1357
borings for instrumentation in dams, dikes, levees, or highway	1358
embankments;	1359

(3) Removing or exchanging heat from ground water, excluding	1360
horizontal trenches that are installed for water source heat pump	1361
systems.	1362

(C) "Aquifer" means a consolidated or unconsolidated geologic	1363
formation or series of formations that are hydraulically	1364
interconnected and that have the ability to receive, store, or	1365
transmit water.	1366

(D) "Ground water" means all water occurring in an aquifer.

1367

(E) "Ground water stress area" means a definable geographic	1368
area in which ground water quantity is being affected by human	1369
activity or natural forces to the extent that continuous	1370
availability of supply is jeopardized by withdrawals.	1371

(F) "Person" has the same meaning as in section 1.59 of the	1372
Revised Code and also includes the United States, the state, any	1373
political subdivision of the state, and any department, division,	1374
board, commission, agency, or instrumentality of the United	1375
States, the state, or a political subdivision of the state.	1376

(G) "State agency" or "agency of the state" has the same	1377
meaning as "agency" in section 111.15 of the Revised Code.	1378

(H) "Development" means any artificial change to improved or	1379
unimproved real estate, including the construction of buildings	1380
and other structures, any substantial improvement of a structure,	1381
mining, dredging, filling, grading, paving, excavating, and	1382
drilling operations, and storage of equipment or materials.	1383

(I) "Floodplain" means the area adjoining any river, stream,	1384
watercourse, or lake that has been or may be covered by flood	1385
water.	1386

(J) "Floodplain management" means the implementation of an	1387
overall program of corrective and preventive measures for reducing	1388
flood damage, including the collection and dissemination of flood	1389
information, construction of flood control works, nonstructural	1390
flood damage reduction techniques, and adoption of rules,	1391
ordinances, or resolutions governing development in floodplains.	1392

(K) "One-hundred-year flood" means a flood having a one per	1393
cent chance of being equaled or exceeded in any given year.	1394

(L) "One-hundred-year floodplain" means that portion of a	1395
floodplain inundated by a one-hundred-year flood.	1396

(M) "Structure" means a walled and roofed building,	1397
including, without limitation, gas or liquid storage tanks, mobile	1398
homes, and manufactured homes.	1399

(N) "Substantial improvement" means any reconstruction,	1400
rehabilitation, addition, or other improvement of a structure, the	1401
cost of which equals or exceeds fifty per cent of the market value	1402
of the structure before the start of construction of the	1403
improvement. "Substantial improvement" includes repairs to	1404
structures that have incurred substantial damage regardless of the	1405
actual repair work performed. "Substantial improvement" does not	1406
include either of the following:	1407

(1) Any project for the improvement of a structure to correct	1408
existing violations of state or local health, sanitary, or safety	1409
code specifications that have been identified by the state or	1410
local code enforcement official having jurisdiction and that are	1411
the minimum necessary to ensure safe living conditions;	1412

(2) Any alteration of an historic structure designated or	1413
listed pursuant to federal or state law, provided that the	1414
alteration will not preclude the structure's continued listing or	1415
designation as an historic structure.	1416

(O) "Shore structure" includes, but is not limited to:	1417
beaches; groins; revetments; bulkheads; seawalls; breakwaters;	1418
certain dikes designated by the chief of the division of water;	1419
piers; docks; jetties; wharves; marinas; boat ramps; any	1420
associated fill or debris used as part of the construction of	1421
shore structures that may affect shore erosion, wave action, or	1422
inundation; and fill or debris placed along or near the shore,	1423
including bluffs, banks, or beach ridges, for the purpose of	1424
stabilizing slopes.	1425

(P) "Substantial damage" means damage of any origin that is	1426
sustained by a structure if the cost of restoring the structure to	1427
its condition prior to the damage would equal or exceed fifty per	1428
cent of the market value of the structure before the damage	1429
occurred.	1430

(Q)(P) "National flood insurance program" means the national	1431
flood insurance program established in the "National Flood	1432
Insurance Act of 1968," 82 Stat. 572, 42 U.S.C. 4001, as amended,	1433
and regulations adopted under it.	1434

(R)(Q) "Conservancy district" means a conservancy district	1435
established under Chapter 6101. of the Revised Code.	1436

(S) "Park board" means the board of park commissioners of a	1437
park district created under Chapter 1545. of the Revised Code.	1438

(T) "Erosion control structure" means anything that is	1439
designed primarily to reduce or control erosion of the shore along	1440
or near lake erie, including, but not limited to, revetments,	1441
seawalls, bulkheads, certain breakwaters designated by the chief,	1442
and similar structures. "Erosion control structure" does not	1443
include wharves, piers, docks, marinas, boat ramps, and other	1444
similar structures.	1445

Sec. 1521.99.  (A) Whoever violates division (E)(1) of	1446
section 1521.05 or division (E)(1) of section 1521.16 of the	1447
Revised Code is guilty of a misdemeanor of the fourth degree.	1448

(B) Whoever violates section 1521.06 or 1521.062 of the	1449
Revised Code shall be fined not less than one hundred dollars nor	1450
more than one thousand dollars for each offense. Each day of	1451
violation constitutes a separate offense.	1452

(C) Whoever violates sections 1521.20 to 1521.30 of the	1453
Revised Code shall be fined not less than one hundred dollars nor	1454
more than one thousand dollars for each offense. Each day of	1455
violation constitutes a separate offense.	1456

Sec. 6121.04.  The Ohio water development authority may do	1457
any or all of the following:	1458

(A) Adopt bylaws for the regulation of its affairs and the	1459
conduct of its business;	1460

(B) Adopt an official seal;

1461

(C) Maintain a principal office and suboffices at places	1462
within the state that it designates;	1463

(D) Sue and plead in its own name and be sued and impleaded	1464
in its own name with respect to its contracts or torts of its	1465
members, employees, or agents acting within the scope of their	1466
employment, or to enforce its obligations and covenants made under	1467
sections 6121.06, 6121.08, and 6121.13 of the Revised Code. Any	1468
such actions against the authority shall be brought in the court	1469
of common pleas of the county in which the principal office of the	1470
authority is located or in the court of common pleas of the county	1471
in which the cause of action arose, provided that the county is	1472
located within this state, and all summonses, exceptions, and	1473
notices of every kind shall be served on the authority by leaving	1474
a copy thereof at the principal office with the person in charge	1475
thereof or with the secretary-treasurer of the authority.	1476

(E) Make loans and grants to governmental agencies for the	1477
acquisition or construction of water development projects by any	1478
such governmental agency and adopt rules and procedures for making	1479
suchthe loans and grants;	1480

(F) Acquire, construct, reconstruct, enlarge, improve,	1481
furnish, equip, maintain, repair, operate, or lease or rent to, or	1482
contract for operation by, a governmental agency or person, water	1483
development projects, and establish rules for the use of those	1484
projects;	1485

(G) Make available the use or services of any water	1486
development project to one or more persons, one or more	1487
governmental agencies, or any combination thereof;	1488

(H) Issue water development revenue bonds and notes and water	1489
development revenue refunding bonds of the state, payable solely	1490
from revenues as provided in section 6121.06 of the Revised Code,	1491
unless the bonds are refunded by refunding bonds, for the purpose	1492
of paying any part of the cost of one or more water development	1493
projects or parts thereof;	1494

(I) Acquire by gift or purchase, hold, and dispose of real	1495
and personal property in the exercise of its powers and the	1496
performance of its duties under this chapter;	1497

(J) Acquire, in the name of the state, by purchase or	1498
otherwise, on terms and in the manner that it considers proper, or	1499
by the exercise of the right of condemnation in the manner	1500
provided by section 6121.18 of the Revised Code, public or private	1501
lands, including public parks, playgrounds, or reservations, or	1502
parts thereof or rights therein, rights-of-way, property, rights,	1503
easements, and interests that it considers necessary for carrying	1504
out this chapter, but excluding the acquisition by the exercise of	1505
the right of condemnation of any waste water facility or water	1506
management facility owned by any person or governmental agency,	1507
and compensation shall be paid for public or private lands so	1508
taken, except that a government-owned waste water facility may be	1509
appropriated in accordance with section 6121.041 of the Revised	1510
Code;	1511

(K) Adopt rules to protect augmented flow in waters of the	1512
state, to the extent augmented by a water development project,	1513
from depletion so it will be available for beneficial use, and to	1514
provide standards for the withdrawal from waters of the state of	1515
the augmented flow created by a water development project that is	1516
not returned to the waters of the state so augmented and to	1517
establish reasonable charges therefor if considered necessary by	1518
the authority;	1519

(L) Make and enter into all contracts and agreements and	1520
execute all instruments necessary or incidental to the performance	1521
of its duties and the execution of its powers under this chapter	1522
in accordance with the following requirements:	1523

(1) When the cost under any such contract or agreement, other	1524
than compensation for personal services, involves an expenditure	1525
of more than twenty-five thousand dollars, the authority shall	1526
make a written contract with the lowest responsive and responsible	1527
bidder, in accordance with section 9.312 of the Revised Code,	1528
after advertisement for not less than two consecutive weeks in a	1529
newspaper of general circulation in Franklin county, and in other	1530
publications that the authority determines, which shall state the	1531
general character of the work and the general character of the	1532
materials to be furnished, the place where plans and	1533
specifications therefor may be examined, and the time and place of	1534
receiving bids, provided that a contract or lease for the	1535
operation of a water development project constructed and owned by	1536
the authority or an agreement for cooperation in the acquisition	1537
or construction of a water development project pursuant to section	1538
6121.13 of the Revised Code or any contract for the construction	1539
of a water development project that is to be leased by the	1540
authority to, and operated by, persons who are not governmental	1541
agencies and the cost of the project is to be amortized	1542
exclusively from rentals or other charges paid to the authority by	1543
persons who are not governmental agencies is not subject to the	1544
foregoing requirements and the authority may enter into such a	1545
contract or lease or such an agreement pursuant to negotiation and	1546
upon terms and conditions and for the period that it finds to be	1547
reasonable and proper in the circumstances and in the best	1548
interests of proper operation or of efficient acquisition or	1549
construction of the project.	1550

(2) Each bid for a contract for the construction, demolition,	1551
alteration, repair, or reconstruction of an improvement shall	1552
contain the full name of every person interested in it and shall	1553
meet the requirements of section 153.54 of the Revised Code.	1554

(3) Each bid for a contract except as provided in division	1555
(L)(2) of this section shall contain the full name of every person	1556
or company interested in it and shall be accompanied by a	1557
sufficient bond or certified check on a solvent bank that if the	1558
bid is accepted, a contract will be entered into and the	1559
performance thereof secured.	1560

(4) The authority may reject any and all bids.

1561

(5) A bond with good and sufficient surety, approved by the	1562
authority, shall be required of every contractor awarded a	1563
contract except as provided in division (L)(2) of this section, in	1564
an amount equal to at least fifty per cent of the contract price,	1565
conditioned upon the faithful performance of the contract.	1566

(M) Employ managers, superintendents, and other employees and	1567
retain or contract with consulting engineers, financial	1568
consultants, accounting experts, architects, attorneys, and other	1569
consultants and independent contractors that are necessary in its	1570
judgment to carry out this chapter, and fix the compensation	1571
thereof. All expenses thereof shall be payable solely from the	1572
proceeds of water development revenue bonds or notes issued under	1573
this chapter, from revenues, or from funds appropriated for that	1574
purpose by the general assembly.	1575

(N) Receive and accept from any federal agency, subject to	1576
the approval of the governor, grants for or in aid of the	1577
construction of any water development project or for research and	1578
development with respect to waste water or water management	1579
facilities, and receive and accept aid or contributions from any	1580
source of money, property, labor, or other things of value, to be	1581
held, used, and applied only for the purposes for which the grants	1582
and contributions are made;	1583

(O) Engage in research and development with respect to waste	1584
water or water management facilities;	1585

(P) Purchase fire and extended coverage and liability	1586
insurance for any water development project and for the principal	1587
office and suboffices of the authority, insurance protecting the	1588
authority and its officers and employees against liability for	1589
damage to property or injury to or death of persons arising from	1590
its operations, and any other insurance the authority may agree to	1591
provide under any resolution authorizing its water development	1592
revenue bonds or in any trust agreement securing the same;	1593

(Q) Charge, alter, and collect rentals and other charges for	1594
the use or services of any water development project as provided	1595
in section 6121.13 of the Revised Code;	1596

(R) Provide coverage for its employees under Chapters 145.,	1597
4123., and 4141. of the Revised Code;	1598

(S) Assist in the implementation and administration of the	1599
drinking water assistance fund and program created in section	1600
6109.22 of the Revised Code and the water pollution control loan	1601
fund and program created in section 6111.036 of the Revised Code,	1602
including, without limitation, performing or providing fiscal	1603
management for the funds and investing and disbursing moneys in	1604
the funds, and enter into all necessary and appropriate agreements	1605
with the director of environmental protection for those purposes;	1606

(T) Issue water development revenue bonds and notes of the	1607
state in principal amounts that are necessary for the purpose of	1608
raising moneys for the sole benefit of the water pollution control	1609
loan fund created in section 6111.036 of the Revised Code,	1610
including moneys to meet the requirement for providing matching	1611
moneys under division (D) of that section. The bonds and notes may	1612
be secured by appropriate trust agreements and repaid from moneys	1613
credited to the fund from payments of principal and interest on	1614
loans made from the fund, as provided in division (F) of section	1615
6111.036 of the Revised Code.	1616

(U) Issue water development revenue bonds and notes of the	1617
state in principal amounts that are necessary for the purpose of	1618
raising moneys for the sole benefit of the drinking water	1619
assistance fund created in section 6109.22 of the Revised Code,	1620
including moneys to meet the requirement for providing matching	1621
moneys under divisions (B) and (F) of that section. The bonds and	1622
notes may be secured by appropriate trust agreements and repaid	1623
from moneys credited to the fund from payments of principal and	1624
interest on loans made from the fund, as provided in division (F)	1625
of section 6109.22 of the Revised Code.	1626

(V) Make loans to and enter into agreements with boards of	1627
county commissioners for the purposes of section 1521.261506.44	1628
of the Revised Code and adopt rules establishing requirements and	1629
procedures for making the loans and entering into the agreements;	1630

(W) Do all acts necessary or proper to carry out the powers	1631
expressly granted in this chapter.	1632

Any instrument by which real property is acquired pursuant to	1633
this section shall identify the agency of the state that has the	1634
use and benefit of the real property as specified in section	1635
5301.012 of the Revised Code.	1636

Section 2. That existing sections 317.08, 1501.01, 1504.02,	1637
1506.01, 1506.02, 1506.06, 1506.08, 1506.10, 1506.11, 1506.12,	1638
1521.01, 1521.20, 1521.21, 1521.22, 1521.23, 1521.24, 1521.25,	1639
1521.26, 1521.27, 1521.28, 1521.29, 1521.30, 1521.99, and 6121.04	1640
and section 1506.37 of the Revised Code are hereby repealed.	1641

Section 3. (A) As used in this section, "territory" has the	1642
same meaning as in section 1506.11 of the Revised Code, as amended	1643
by this act.	1644

(B) Section 1506.11 of the Revised Code, as amended by this	1645
act, requires a lease for the development or improvement of a part	1646
of the territory primarily for purposes other than the exercise of	1647
littoral rights. Not later than sixty days after the effective	1648
date of this act, the Director of Natural Resources shall provide	1649
notice by certified mail of the right to make a request to	1650
terminate a lease to all persons who have entered into a lease	1651
with the state under section 1506.11 of the Revised Code, as it	1652
existed prior to its amendment by this act, if the development or	1653
improvement for which the lease was entered into was primarily for	1654
the exercise of littoral rights. Beginning one hundred twenty days	1655
after receipt of the notification, a littoral owner may request	1656
the state to terminate any such lease. On the date of the	1657
termination request, the lease is terminated, and the lessee is	1658
released from all obligations under it.	1659

On and after the effective date of this act, a littoral owner	1660
may request the state to amend a lease that was entered into with	1661
the state under section 1506.11 of the Revised Code, as it existed	1662
prior to its amendment by this act, and any associated fees to	1663
include only territory that was developed or improved primarily	1664
for purposes other than the exercise of littoral rights.	1665

Upon receipt of a request to terminate or amend a lease under	1666
this section, the state, acting through the Director, promptly	1667
shall comply with and take all steps that are necessary to	1668
implement the request in a timely manner.	1669

Section 4. On the effective date of this section, the Coastal	1670
Resources Advisory Council created in section 1506.12 of the	1671
Revised Code, as that section existed prior to its amendment by	1672
this act, is abolished, and all of its assets, liabilities,	1673
equipment, and records, irrespective of form or medium, are	1674
transferred to the Lake Erie Coastal Advisory Council that is	1675
created in section 1506.12 of the Revised Code as amended by this	1676
act. Former members of the Coastal Resources Advisory Council may	1677
be appointed to the Lake Erie Coastal Advisory Council if the	1678
Governor so chooses.	1679