The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
|
S. B. No. 189 As IntroducedAs Introduced
127th General Assembly | Regular Session | 2007-2008 |
| |
Cosponsors:
Senators Spada, Gardner, Mumper, Cates, Schaffer
A BILL
To amend sections 317.08, 1501.01, 1504.02, 1506.01,
1506.02, 1506.06, 1506.08, 1506.10 to 1506.12,
1521.01, 1521.20, 1521.21, 1521.22, 1521.23,
1521.24, 1521.25, 1521.26, 1521.27, 1521.28,
1521.29, 1521.99, and 6121.04; to amend, for the
purpose of adopting new section numbers as
indicated in parentheses, sections 1521.20
(1506.38), 1521.21 (1506.39), 1521.22 (1506.40),
1521.23 (1506.41), 1521.24 (1506.42), 1521.25
(1506.43), 1521.26 (1506.44), 1521.27 (1506.45),
1521.28 (1506.46), 1521.29 (1506.47), and 1521.30
(1506.48); to enact section 1506.49; and to repeal
section 1506.37 of the Revised Code to revise the
law governing coastal management and the control
of erosion along Lake Erie.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 317.08, 1501.01, 1504.02, 1506.01,
1506.02, 1506.06, 1506.08, 1506.10, 1506.11, 1506.12, 1521.01,
1521.20, 1521.21, 1521.22, 1521.23, 1521.24, 1521.25, 1521.26,
1521.27, 1521.28, 1521.29, 1521.99, and 6121.04 be amended,
sections 1521.20 (1506.38), 1521.21 (1506.39), 1521.22 (1506.40),
1521.23 (1506.41), 1521.24 (1506.42), 1521.25 (1506.43), 1521.26
(1506.44), 1521.27 (1506.45), 1521.28 (1506.46), 1521.29
(1506.47), and 1521.30 (1506.48) be amended for the purpose of
adopting new section numbers as indicated in parentheses, and
section 1506.49 of the Revised Code be enacted to read as follows:
Sec. 317.08. (A) Except as provided in
divisions
(C) and (D)
of this
section, the county recorder shall keep
six
separate sets
of
records as follows:
(1) A record of deeds, in which shall be recorded all
deeds
and other instruments of writing for the absolute and
unconditional sale or conveyance of lands, tenements, and
hereditaments; all notices as provided in sections 5301.47 to
5301.56 of the Revised Code; all judgments or decrees in actions
brought under section 5303.01 of the Revised Code; all
declarations and bylaws, and all amendments to declarations and
bylaws, as provided in Chapter 5311. of the
Revised Code;
affidavits as provided
in sections 5301.252 and 5301.56 of
the
Revised
Code; all certificates as provided
in section
5311.17 of
the
Revised Code; all articles dedicating
archaeological preserves
accepted by the director of the Ohio
historical society under
section 149.52 of the Revised Code; all
articles dedicating nature
preserves accepted by the director of
natural resources under
section 1517.05 of the Revised Code; all
agreements for the
registration of lands as archaeological or
historic landmarks
under section 149.51 or 149.55 of the Revised
Code; all
conveyances of conservation easements and agricultural
easements
under section
5301.68 of the Revised Code; all
instruments
extinguishing agricultural
easements under section
901.21 or
5301.691 of the Revised Code or pursuant to
terms of
such an
easement granted to a charitable organization under
section
5301.68 of the Revised Code; all instruments or orders
described
in division (B)(2)(b) of section 5301.56 of the
Revised Code;
all
no further action letters issued under section
122.654 or
3746.11
of the
Revised Code;
all covenants not to sue
issued under
section
3746.12 of the
Revised Code, including all
covenants
not
to sue
issued pursuant to section 122.654 of the
Revised Code;
any
restrictions on the use of property contained in
a no further
action letter issued under section 122.654 of the
Revised Code,
any restrictions on the use of
property
identified
pursuant to
division (C)(3)(a) of section
3746.10 of the
Revised
Code, and any
restrictions on the use of property contained in a deed or other
instrument as provided in division (E) or (F) of section 3737.882
of the Revised Code; any easement executed or granted under
section 3734.22, 3734.24, 3734.25, or 3734.26 of the Revised Code;
any environmental covenant entered into in accordance with
sections 5301.80 to 5301.92 of the Revised Code; all
memoranda of
trust, as
described in division (A)
of
section
5301.255 of the
Revised
Code, that describe specific
real
property; and all
agreements
entered into under division (A)
of
section 1521.26
1506.44 of
the Revised Code;
(2) A record of mortgages, in which shall be recorded all
of
the following:
(a) All mortgages, including amendments, supplements,
modifications, and extensions of mortgages, or other instruments
of writing by which lands, tenements, or hereditaments are or may
be mortgaged or otherwise conditionally sold, conveyed, affected,
or encumbered;
(b) All executory installment contracts for the sale of
land
executed after September 29, 1961, that by their terms are
not
required to be fully performed by one or more of the parties
to
them within one year of the date of the contracts;
(c) All options to purchase real estate, including
supplements, modifications, and amendments of the options, but no
option of that nature shall be recorded if it does not state a
specific day and year of expiration of its validity;
(d) Any tax certificate sold under section 5721.33 of the
Revised Code,
or memorandum
of it, that is presented for
filing
of
record.
(3) A record of powers of attorney, including all
memoranda
of trust, as described in division (A) of section
5301.255 of the
Revised Code, that do not describe specific real
property;
(4) A record of plats, in which shall be recorded all
plats
and maps of town lots, of the subdivision of town lots, and
of
other divisions or surveys of lands, any center line survey of
a
highway located within the county, the plat of which shall be
furnished by the director of transportation or county engineer,
and all drawings
and amendments to drawings, as provided in
Chapter 5311. of the Revised
Code;
(5) A record of leases, in which shall be recorded all
leases, memoranda of leases, and supplements, modifications, and
amendments of leases and memoranda of leases;
(6) A record of declarations
executed pursuant to section
2133.02 of the
Revised Code
and durable powers of attorney for
health care executed pursuant to section
1337.12 of the Revised
Code.
(B) All instruments or memoranda of instruments entitled to
record shall be recorded in the proper record in the order in
which they are presented for record. The recorder may index,
keep,
and record in one volume unemployment compensation liens,
internal
revenue tax liens and other liens in favor of the United
States as
described in division (A) of section 317.09 of the
Revised Code,
personal tax liens, mechanic's liens, agricultural
product liens,
notices of liens, certificates of satisfaction or
partial release
of estate tax liens, discharges of recognizances,
excise and
franchise tax liens on corporations, broker's liens,
and liens
provided for in sections 1513.33, 1513.37, 3752.13,
5111.022, and
5311.18
of the Revised Code.
The recording of an option to purchase real estate,
including
any supplement, modification, and amendment of the
option, under
this section shall serve as notice to any purchaser
of an interest
in the real estate covered by the option only
during the period of
the validity of the option as stated in the
option.
(C) In lieu of keeping the six separate
sets of records
required in divisions (A)(1) to
(6) of this section and the
records
required in division
(D) of this section, a county
recorder may
record all the instruments required to be recorded by
this
section
in two separate sets of record books. One set shall
be
called the
"official records" and shall contain the instruments
listed in
divisions (A)(1),
(2),
(3),
(5),
and (6)
and
(D) of this
section. The
second set of records shall
contain the instruments
listed in
division
(A)(4) of this
section.
(D) Except as provided in division
(C)
of this
section, the
county recorder shall keep a separate set of records
containing
all corrupt activity lien notices filed with the
recorder pursuant
to section 2923.36 of the Revised Code and a
separate set of
records containing all medicaid fraud lien
notices
filed with the
recorder pursuant to section 2933.75 of
the Revised
Code.
Sec. 1501.01. Except where otherwise expressly provided,
the
director of natural resources shall formulate and institute
all
the policies and programs of the department of natural
resources.
The chief of any division of the department shall not
enter into
any contract, agreement, or understanding unless it is
approved by
the director. No appointee or employee of the director, other
than
the assistant director, may bind the director in a contract
except
when
given general or special authority to do so by the
director.
The director shall correlate and coordinate the work and
activities of the divisions in the department to eliminate
unnecessary duplications of effort and overlapping of functions.
The chiefs of the various divisions of the department shall meet
with the director at least once each month at a time and place
designated by the director.
The director may create advisory boards to any of those
divisions in conformity with section 121.13 of the Revised Code.
The director may accept and expend gifts, devises, and
bequests of money, lands, and other properties on behalf of the
department or any division thereof under the terms set forth in
section 9.20 of the Revised Code. Any political subdivision of
this state may make contributions to the department for the use
of
the department or any division therein according to the terms
of
the contribution.
In administering the coastal management program, the director
shall consult with and provide coordination among state agencies,
political subdivisions, the United States and its agencies, and
interstate, regional, and areawide agencies. Such coordination may
include the development of consolidated permit processes regarding
applicable permits with state agencies, political subdivisions,
and the United States and its agencies.
The director may publish and sell or otherwise distribute
data, reports, and information.
The director shall adopt rules in accordance with Chapter
119. of the Revised Code to permit the department to accept by
means of a credit card the payment of fees, charges, and rentals
at those facilities described in section 1501.07 of the Revised
Code that are operated by the department, for any data, reports,
or information sold by the department, and for any other goods or
services provided by the department.
Whenever authorized by the governor to do so, the director
may appropriate property for the uses and purposes authorized to
be performed by the department and on behalf of any division
within the department. This authority shall be exercised in the
manner provided in sections 163.01 to 163.22 of the Revised Code
for the appropriation of property by the director of
administrative services. This authority to appropriate property
is
in addition to the authority provided by law for the
appropriation
of property by divisions of the department. The
director of
natural resources also may acquire by purchase,
lease,
or
otherwise such real and personal property rights or
privileges
in
the name of the state as are necessary for the
purposes of the
department or any division therein. The
director, with the
approval of the governor and the attorney
general, may sell,
lease, or exchange portions of lands or
property, real or
personal, of any division of the department or
grant easements or
licenses for the use thereof, or enter into
agreements for the
sale of water from lands and waters under the
administration or
care of the department or any of its divisions,
when the sale,
lease, exchange, easement, agreement, or license
for use is
advantageous to the state, provided that such approval
is not
required for leases and contracts made under
section 1501.07,
1501.09, or 1520.03 or Chapter 1523. of
the Revised Code. Water
may be sold from a reservoir only to the
extent that the reservoir
was designed to yield a supply of water
for a purpose other than
recreation or wildlife, and the water
sold is in excess of that
needed to maintain the reservoir for
purposes of recreation or
wildlife.
Money received from such sales, leases, easements,
exchanges,
agreements, or licenses for use, except revenues
required to be
set aside or paid into depositories or trust funds
for the payment
of bonds issued under sections 1501.12 to 1501.15
of the Revised
Code, and to maintain the required reserves
therefor as provided
in the orders authorizing the issuance of
such bonds or the trust
agreements securing such bonds, revenues
required to be paid and
credited pursuant to the bond proceeding
applicable to obligations
issued pursuant to section 154.22, and
revenues generated under
section 1520.05 of the Revised Code,
shall be deposited in the
state treasury to the credit of the
fund of the division of the
department having prior jurisdiction
over the lands or property.
If no such fund exists, the money
shall be credited to the general
revenue fund. All such money
received from lands or properties
administered by the division of
wildlife shall be credited to the
wildlife fund.
The director shall provide for the custody, safekeeping,
and
deposit of all moneys, checks, and drafts received by the
department or its employees prior to paying them to the treasurer
of state under section 113.08 of the Revised Code.
The director shall cooperate with the nature conservancy,
other nonprofit organizations, and the United States fish and
wildlife service in order to secure protection of islands in the
Ohio river and the wildlife and wildlife habitat of those
islands.
Any instrument by which real property is acquired pursuant to
this section
shall identify the agency of the state that has the
use and benefit of the
real property as specified in section
5301.012 of the Revised Code.
Sec. 1504.02. (A) The division of real estate and land
management shall do all of the following:
(1) Except as otherwise provided in the Revised Code,
coordinate and conduct all real estate functions for the
department of natural resources, including at least acquisitions
by purchase, lease, gift, devise, bequest, appropriation, or
otherwise; grants through sales, leases, exchanges, easements,
and
licenses; inventories of land; and other related general
management duties;
(2) Assist the department and its divisions by providing
department-wide planning, including at least master planning,
comprehensive planning, capital improvements planning, and
special
purpose planning such as trails coordination and planning
under
section 1519.03 of the Revised Code;
(3) On behalf of the director of natural resources,
administer the coastal management program established under
sections 1506.01 to 1506.03 and 1506.05 to 1506.09 of the Revised
Code and consult with and provide coordination among state
agencies, political subdivisions, the United States and agencies
of it, and interstate, regional, and areawide agencies to assist
the director in executing the director's duties and
responsibilities under
that program and to assist the department
as the lead agency for
the development and implementation of the
program;
(4) On behalf of the director, administer sections 1506.10
and 1506.11 and sections 1506.31 to 1506.36 of the Revised Code;
(5) Cooperate with the United States and agencies of it
and
with political subdivisions in administering federal
recreation
moneys under the "Land and Water Conservation Fund Act
of 1965,"
78 Stat. 897, 16 U.S.C.A. 4601-8, as amended; prepare
and
distribute the statewide comprehensive outdoor recreation
plan;
and administer the state recreational vehicle fund created
in
section 4519.11 of the Revised Code;
(6)(4)(a) Support the geographic information system needs for
the department as requested by the director, which shall include,
but not be limited to, all of the following:
(i) Assisting in the training and education of department
resource managers, administrators, and other staff in the
application and use of geographic information system
technology;
(ii) Providing technical support to the department in the
design, preparation of data, and use of appropriate geographic
information system applications in order to help solve resource
related problems and to improve the effectiveness and efficiency
of department delivered services;
(iii) Creating, maintaining, and documenting spatial
digital
data bases for the division and for other divisions as
assigned by
the director.
(b) Provide information to and otherwise assist government
officials, planners, and resource managers in understanding land
use planning and resource management;
(c) Provide continuing assistance to local government
officials and others in natural resource digital data base
development and in applying and utilizing the geographic
information system for land use planning, current agricultural
use
value assessment, development reviews, coastal management,
and
other resource management activities;
(d) Coordinate and administer the remote sensing needs of
the
department, including the collection and analysis of aerial
photography, satellite data, and other data pertaining to land,
water, and other resources of the state;
(e) Prepare and publish maps and digital data relating to
the
state's land use and land cover over time on a local,
regional,
and statewide basis;
(f) Locate and distribute hard copy maps, digital data,
aerial photography, and other resource data and information to
government agencies and the public.
(7)(5) Prepare special studies and execute any other duties,
functions, and responsibilities requested by the director.
(B) The division may do any of the following:
(1) Coordinate such environmental matters concerning the
department and the state as are necessary to comply with the
"National Environmental Policy Act of 1969," 83 Stat. 852, 42
U.S.C.A. 4321, as amended, the "Intergovernmental Cooperation Act
of 1968," 82 Stat. 1098, 31 U.S.C.A. 6506, and the "Federal Water
Pollution Control Act," 91 Stat. 1566 (1977), 33 U.S.C.A. 1251,
as
amended, and regulations adopted under those acts;
(2) With the approval of the director, coordinate and
administer compensatory mitigation grant programs and other
programs for streams and wetlands as approved in accordance with
certifications and permits issued under sections 401 and 404 of
the "Federal Water Pollution Control Act", 91 Stat. 1566(1977), 33
U.S.C.A. 1251, as amended, by the environmental protection agency
and the United States army corps of engineers;
(3) Administer any state or federally funded grant program
that is related to natural resources and recreation as considered
necessary by the director.
Sec. 1506.01. As used in this chapter:
(A) "Coastal area" means the waters of Lake Erie, the
islands
in the lake, and the lands under and adjacent to the
lake,
including transitional areas, wetlands, and beaches. The
coastal
area extends in Lake Erie to the international boundary
line
between the United States and Canada and landward only to
the
extent necessary to include shorelands, the uses of which
have a
direct and significant impact on coastal waters as
determined by
the director of natural resources.
(B) "Coastal management program" means the comprehensive
action of the state and its political subdivisions cooperatively
to preserve, protect, develop, restore, or enhance the resources
of the coastal area, to prevent erosion, and to ensure wise use of
the land and water
resources of the coastal area, giving attention
to natural,
cultural, historic, and aesthetic values;
agricultural,
recreational, energy, and economic needs; the
interests and littoral rights of private property owners in the
coastal areas; and the national
interest. "Coastal management
program" includes the
establishment of objectives, policies,
standards, and criteria
concerning, without limitation, protection
of air, water,
wildlife, rare and endangered species, wetlands and
natural
areas, and other natural resources in the coastal area;
management of coastal development and redevelopment; preservation
and restoration of historic, cultural, and aesthetic coastal
features; and public access to the coastal area for recreation
purposes.
(C) "Coastal management program document" means a
comprehensive statement consisting of, without limitation, text,
maps, and illustrations that is adopted by the director in
accordance with this chapter, describes the objectives, policies,
standards, and criteria of the coastal management program for
guiding public and private uses of lands and waters in the
coastal
area, lists the governmental agencies, including, without
limitation, state agencies, involved in implementing the coastal
management program, describes their applicable policies and
programs, and cites the statutes and rules under which they may
adopt and implement those policies and programs.
(D) "Person" means any agency of this state, any political
subdivision of this state or of the United States, and any legal
entity defined as a person under section 1.59 of the Revised
Code.
(E) "Director" means the director of natural resources or
the
director's designee.
(F) "Permanent structure" means any residential,
commercial,
industrial, institutional, or agricultural building,
any mobile
home as defined in division
(O) of section 4501.01 of the
Revised
Code, any manufactured home as defined in division (C)(4)
of
section 3781.06 of the Revised Code, and any septic system that
receives
sewage from a single-family, two-family, or three-family
dwelling, but does
not
include any recreational vehicle as defined
in section 4501.01 of
the Revised Code.
(G) "State agency" or "agency of the state" has the same
meaning as "agency" as defined in section 111.15 of the Revised
Code.
(H) "Coastal flood hazard area" means any territory within
the coastal area that has been identified as a flood hazard area
under the "Flood Disaster Protection Act of 1973," 87 Stat. 975,
42 U.S.C.A. 4002, as amended.
(I) "Coastal erosion area" means any
territory included in
Lake Erie coastal erosion areas
identified by the director under
section 1506.06 of the Revised Code.
(J) "Southerly shore" and "natural shoreline" mean the line
at which the water usually stands when free from disturbing
causes.
(K) "Conservancy district" means a conservancy district that
is established under Chapter 6101. of the Revised Code.
(L) "Park board" means the board of park commissioners of a
park district that is created under Chapter 1545. of the Revised
Code.
(M) "Erosion control structure" means anything that is
designed primarily to reduce or control erosion of the shore along
or near Lake Erie, including, without limitation, revetments,
seawalls, bulkheads, groins or breakwaters, and similar
structures. "Erosion control structure" does not include wharves,
piers, docks, marinas, boat ramps, and other similar structures.
(N) "Littoral rights" means the rights of littoral owners to
make reasonable use of the waters of Lake Erie and to access the
submerged lands and waters of Lake Erie fronting their lands for
purposes of navigation, commerce, fishing, recreation, and other
reasonable purposes. "Littoral rights" includes the right to
construct such things as piers, fills, erosion control structures,
or wharves for the purpose of protecting property from erosion,
launching and storing watercraft, and wharfing out to navigable
waters. "Littoral rights" also includes the right to own
additional lands created by accretion or reliction and, with
respect to lands lost by avulsion or artificially induced erosion,
to restore the lands out to the natural shoreline as it existed at
the time of the loss.
(O) "Accretion" means the accumulation of land that results
from the deposition of soil, sand, or sediment through the
operation of natural causes.
(P) "Reliction" means the gradual exposure of land by the
recession of a body of water.
(Q) "Avulsion" means a sudden and perceptible loss of land by
the action of water or other natural causes.
Sec. 1506.02. (A) The department of natural resources is
hereby designated the lead agency for the development and
implementation of a coastal management program. The director of
natural resources:
(1) Shall develop and adopt the coastal management program
document. The director shall cooperate
and
coordinate with other
agencies of the state and its political
subdivisions in the
development of the document. Before adopting
the document, the
director shall hold four public
hearings on it in the coastal
area, and may hold additional
public meetings, to give the public
the opportunity to make
comments and recommendations concerning
its terms. The director
shall consider the public comments and
recommendations before
adopting the document. The director may
amend the coastal
management program document, provided that,
prior to making
changes in it, the director notifies by mail those
persons who
submitted
comments and recommendations concerning the
original document, the members of the Lake Erie coastal advisory
council created in section 1506.12 of the Revised Code, and the
appropriate
agencies of the state and its political subdivisions.
The
director
may
shall hold at least one public hearing on the
proposed
changes in a community that has Lake Erie shoreline
property within its geographical boundaries. In addition, the
director shall publish notice of the date, time, and location of
the hearing in newspapers of general circulation in the counties
having Lake Erie shoreline property within their geographical
boundaries.
(2) Shall administer the coastal management program in
accordance with the coastal management program document, this
chapter, and rules adopted under it;
(3) Shall adopt and may amend or rescind rules under
Chapter
119. of the Revised Code for the implementation,
administration,
and enforcement of the coastal management program
and the other
provisions of this chapter. The rules shall establish a fee
schedule for construction permits issued under section 1506.40 of
the Revised Code, provided that no fee on the schedule shall
exceed five hundred dollars. The fee schedule shall be based on
the total square footage of the structure, development, or
improvement for which a construction permit is to be issued under
that section. Before the adoption,
amendment, or
rescission of
rules under division (A)(3)
of this section, the
director shall do
all of the following:
(a) Maintain a list of interested public and private
organizations and mail notice to those organizations of any
proposed rule or amendment to or rescission of a rule at least
thirty days before any public hearing on the proposal;
(b) Mail a copy of each proposed rule, amendment, or
rescission to any person who requests a copy within five days
after receipt of the request;
(c) Consult with appropriate statewide organizations and
units of local
government that
would be affected by the proposed
rule, amendment, or rescission.
Although the director is expected to discharge these the
duties established in divisions (A)(3)(a) to (c) of this section
diligently, failure to mail any notice or copy or to so consult
with any person is not jurisdictional and shall not be construed
to invalidate any proceeding or action of the director.
In addition, the director shall consult with the Lake Erie
coastal advisory council before adopting, amending, or rescinding
rules under division (A)(3) of this section.
(4) Shall provide for consultation and coordination
between
and among state agencies, political subdivisions of the
state, and
interstate, regional, areawide, and federal agencies
in carrying
out the purposes of the coastal management program
and the other
provisions of this chapter;
(5) Shall, to the extent practicable and consistent with
the
protection of coastal area resources, coordinate the rules
and
policies of the department of natural resources with the
rules and
policies of other state and federal agencies to
simplify and
consolidate the regulation of activities along the
Lake Erie
shoreline;
(6) May, to accomplish the purposes of the coastal
management
program and the other provisions of this chapter,
contract with
any person and may accept and expend gifts,
bequests, and grants
of money or property from any person.
(B) Every agency of the state, upon request of the
director,
shall cooperate with the department of natural resources in
the
implementation of the coastal management program.
(C) The director shall establish a coastal management
assistance grant program. Grants may be awarded from federal
funds
received for that purpose and from such other funds as may
be
provided by law to any municipal corporation, county,
township,
park district created under section 511.18 or 1545.04
of the
Revised Code, conservancy district established under
Chapter 6101.
of the Revised Code, port authority, other
political subdivision,
state agency, educational institution, or
nonprofit corporation to
help implement, administer, or enforce any aspect
of the coastal
management program. Grants may be used for any of the
following
purposes:
(1) Feasibility studies and engineering reports for
projects
that are consistent with the policies in the coastal
management
program document;
(2) The protection and preservation of wetlands,
beaches,
fish and wildlife habitats, minerals, natural areas,
prime
agricultural land, endangered plant and animal species, or
other
significant natural coastal resources;
(3)
The management of shoreline development to prevent
loss
of life and property in coastal flood hazard areas and coastal
erosion areas, to set
prioities
priorities
for
water-dependent
energy, commercial, industrial, agricultural, and
recreational
uses, or to identify environmentally
acceptable sites for dredge
spoil disposal;
(4) Increasing public access to Lake Erie and other public
places in the coastal area, provided that the land acquired for
that purpose is purchased from a willing seller;
(5) The protection and preservation of historical,
cultural,
or aesthetic coastal resources;
(6) Improving the predictability and efficiency of
governmental decision making related to coastal area management;
(7)
Adopting Developing, adopting, administering, and
enforcing
zoning
ordinances or resolutions relating to coastal
flood hazard
areas
or coastal erosion areas;
(8) The redevelopment of deteriorating and underutilized
waterfronts and ports;
(9) Other purposes that are approved by the director and that
are consistent with the purposes specified in division (C) of this
section.
Sec. 1506.06. (A) The director of natural resources,
using
the best available scientific records, data, and analyses
of
shoreline recession, shall make a preliminary identification
of
Lake Erie coastal erosion areas,
which are the land areas
anticipated to be lost by Lake Erie-related erosion within a
thirty-year period if no additional approved erosion control
measures are completed within that time. The preliminary
identification shall state the bluff recession rates for the
coastal erosion areas and shall take
into account areas where
substantial
filling, protective measures, or naturally stable land
has significantly
reduced recession. Prior to making the
preliminary
identification, the director shall consult with the
appropriate
authority of each municipal corporation, county, and
township
having territory within an area that the director
proposes to
identify as a Lake Erie coastal erosion area. Upon
making the
preliminary identification, the director shall notify
by
certified mail the appropriate authority of each municipal
corporation, county, and township having territory within a
Lake
Erie coastal erosion area of the
preliminary identification. The
notice
shall delineate the portion of a Lake Erie coastal erosion
area within the jurisdiction of, and
shall be made
available for
public inspection by, the municipal corporation,
county, or
township. The director also shall publish a notice in
a newspaper
of general circulation in each affected locality
stating that the
preliminary identification has been made and
stating where
information delineating the Lake Erie coastal erosion
areas may be
inspected by the
public
and shall notify each
landowner of record
in a coastal erosion area of the
preliminary
identification. The
notification shall be sent by
certified
mail to the landowner at
the address indicated in the most recent
tax duplicate. Within
sixty days after the notifications
required by this division, the
director shall hold public
hearings in each of the shoreline
counties on the preliminary
identification of the Lake Erie
coastal erosion areas. Any
affected municipal corporation, county,
township, or private
landowner may file with the director a
written objection to the
preliminary identification at any of
those hearings or at any
other time within one hundred twenty days
from the date indicated in the
certified mail notice, which date
shall be one week following the date of the
notice. For any such
objection, verifiable evidence or documentation shall be submitted
indicating that some portion of a Lake Erie coastal erosion area
should not have been included in the areas defined by the
preliminary identification. A municipal corporation, county, or
township may object only with respect to territory within its
jurisdiction or other territory that it owns; a private landowner
may object only with respect to the landowner's land.
(B) The director shall review all objections filed under
division (A) of this section. The director may then modify the
preliminary
identification of Lake Erie coastal erosion areas.
Within
the
next ninety days, the director shall notify each
objecting person
of the director's decision regarding the
objection. The
director also shall notify,
within that ninety-day
period, any other owner for whom the
director's decision results
in a modification on that other owner's property.
(C) Whenever the preliminary identification of a Lake
Erie
coastal erosion area is modified as
a result of an objection,
the
director shall so notify the affected municipal corporation,
county, or township and shall publish a notice of the
modification
in a newspaper of general circulation in the
affected locality.
Objections to modifications may be filed within sixty days
of the
newspaper notification required by this division or within sixty
days
of the date of the property owner's notification required by
division (B) of
this section, whichever is later, and shall be
filed in
the same manner as objections to the original preliminary
identification. The director shall rule on each objection to a
modification within sixty days after receiving it.
(D) After the director has ruled on each objection filed
under division (B) or (C) of this section, the director shall make
a
final
identification of the Lake Erie coastal erosion areas and
shall
notify by certified mail the appropriate authority of each
affected municipal corporation, county, and township of the final
identification. The final identification may be appealed under
section 1506.08 of the Revised Code.
(E) At least once every ten years, the director shall
review
and may revise the identification of Lake Erie coastal
erosion
areas, taking into account any
recent natural or
artificially
induced changes affecting anticipated recession. The review and
revision shall be done in the same manner as that
provided for
original preliminary and final identification in
this section.
(F) Any person who has received written notice under this
section or section 5302.30 of the Revised Code that a parcel or
any portion of a parcel of real property that the person owns has
been
included in a Lake Erie coastal erosion area identified under
this section shall not sell or transfer any interest in that real
property unless the person first provides written notice to the
purchaser
or grantee that the real property is included in a Lake
Erie
coastal erosion area. The written notice
shall be provided in
accordance with
section 5302.30 of the Revised Code.
(G) No state agency, county, township, or municipal
corporation,
or any other political subdivision or special
district in this state
established by law shall use the fact that
property has been identified as a
Lake Erie coastal erosion area
as a basis for any of the
following:
(1) Failing to enter into or renew a lease under section
1506.11 of the Revised Code or to issue or renew a construction
permit
under section 1506.11 1506.40 of the Revised Code;
(2) Failing to issue or renew a permit required by law, other
than a
permit issued under section 1506.07 of the Revised Code;
(3) Taking private property for public use in the exercise of
the power of
eminent domain;
(4) Determining what constitutes just compensation for a
taking of the
property in the exercise of the power of eminent
domain.
Sec. 1506.08. Any person who is
adversely affected by the
final
identification of a Lake Erie coastal erosion
area under
division (D) of
section 1506.06 of the Revised Code or any other
final administrative act of
the director of natural resources
under this chapter or who receives denial of
a permit application
under rules adopted under division (A) of section 1506.07
of the
Revised Code, within thirty days after the identification,
act, or
denial, may appeal it in accordance with Chapter 119. of the
Revised
Code, except that, notwithstanding any provisions to the
contrary in
that chapter, both of the following apply:
(A) Any adjudication hearing shall be held in the county in
which the property that is the subject of the final administrative
act of the director is located.
(B) An appeal brought pursuant to section 119.12 of the
Revised Code shall be made to the court of common pleas of the
county in which the property that is the subject of the appeal is
located.
Sec. 1506.10. It is hereby declared that the waters of
Lake
Erie consisting of the territory within the boundaries of
the
state, extending from the southerly
shore of Lake Erie to the
international boundary line between the
United States and Canada,
together with the soil beneath and their
contents, do now belong
and have always, since the organization of
the state of Ohio,
belonged to the state as proprietor in trust
for the people of
the
state, for the public uses to which they may
be adapted,
subject
to the powers of the United States government,
to the
public
rights of navigation, water commerce, and fishery,
and to
the
property and littoral rights of littoral owners, including the
right
to
make reasonable use of the waters in front of or flowing
pass their lands. Any artificial
encroachments by public or
private
littoral owners, which that
interfere with the free flow
of
commerce
in navigable channels,
whether in the form of wharves,
piers,
fills, or otherwise, beyond the natural
shoreline of those
waters, not expressly authorized by
the general
assembly, acting
within its powers, or pursuant to
section 1506.11 of the Revised
Code, shall not be considered as
having prejudiced
the rights of
the public in such domain. This
section does not
limit the right
of the state to control, improve,
or place aids to
navigation in
the other navigable waters of the
state or the
territory
formerly
covered thereby.
The department of natural resources is hereby designated as
the state agency in all matters pertaining to the care,
protection, and enforcement of the state's rights designated in
this section. In any proceeding that involves littoral rights and
the determination of the location of the natural shoreline of Lake
Erie as it applies to a situation in which a littoral owner
restores lands that were lost to submersion, the department shall
bear the burden of proving that the lands became submerged as a
result of natural erosion rather than as a result of avulsion or
artificially induced erosion.
Any order of the director of natural resources in any
matter
pertaining to the care, protection, and enforcement of the
state's
rights in that territory is a rule or adjudication within
the
meaning of
sections 119.01 to 119.13
Chapter 119. of the Revised
Code.
Sec. 1506.11. (A) "Territory," as used in this section,
means the waters
and the lands
presently underlying
the waters of
Lake Erie
and the lands formerly underlying the
waters of Lake
Erie and now artificially filled,
other than lands that are
artificially filled pursuant to the exercise of littoral rights,
between
the natural shoreline and the
international boundary line
with Canada.
(B)
Whenever the state, acting through the director of
natural
resources,
upon
application of any person who wants to
develop or
improve part of
the territory primarily for purposes
other than the exercise of littoral rights, and after notice that
the director,
at the director's
discretion, may give as provided
in this
section,
determines that
any part of the territory can be
developed and
improved or the
waters thereof used as specified in
the
application without
impairment of the public right of
navigation,
water commerce, and
fishery, a lease of all or any
part of the
state's interest
therein may be entered into with the
applicant,
or a permit may be
issued for that purpose, subject to
the powers
of the United
States government and in accordance with
rules
adopted by the
director in accordance with Chapter 119. of
the
Revised Code, and
without prejudice to the littoral rights of
any
owner of land
fronting on Lake Erie, provided that the
legislative authority of
the municipal corporation within which
any such part of the
territory is located, if the municipal
corporation is not within
the jurisdiction of a port authority,
or
the county commissioners
of the county within which such part
of
the territory is located,
excluding any territory within a
municipal corporation or under
the jurisdiction of a port
authority, or the board of directors of
a port authority with
respect to such part of the territory
included in the
jurisdiction
of the port authority, has enacted an
ordinance or adopted a
resolution
finding and determining that such part of
the
territory, described
by metes and bounds or by an alternate
description
referenced to
the applicant's upland property
description that is considered
adequate by the director, is not
necessary or
required for the
construction, maintenance, or
operation by the
municipal
corporation, county, or port authority
of breakwaters,
piers,
docks, wharves, bulkheads, connecting ways,
water terminal
facilities, and improvements and marginal highways
in aid of
navigation and water commerce and that the land uses
specified in
the application comply with regulation of permissible
land use
under a waterfront plan of the local authority.
(C) Upon the filing of the application
with the director,
the
director may
hold a public hearing thereon and may cause
written
notice of
the filing to be given to any municipal
corporation,
county, or
port authority, as the case may be, in
which such part
of the
territory is located and also shall cause
public notice of
the
filing to be given by advertisement in a
newspaper of general
circulation within the locality where such
part of the territory
is located. If a hearing is to be held,
public notice of the
filing may be combined with public notice of
the hearing and
shall
be given once a week for four consecutive
weeks prior to
the date
of the initial hearing. All hearings
shall be before
the director
and shall be open to the public, and
a record shall
be made of the
proceeding. Parties thereto are
entitled to be
heard and to be
represented by counsel. The
findings and order of
the director
shall be in writing. All costs
of the hearings,
including
publication costs, shall be paid by the
applicant. The
director
also may hold public meetings on the
filing of an
application.
If the director finds that a lease may properly be entered
into with the applicant or a permit may properly be issued to the
applicant, the director shall determine the
consideration to be
paid by the applicant, which consideration
shall exclude the value
of the littoral rights of the owner of
land fronting on Lake Erie
and improvements made or paid for by
the owner of land fronting on
Lake Erie or that owner's
predecessors in
title. The lease or
permit may be for such periods of time
as the director determines
On and after the effective date of this amendment, a lease entered
into under this section shall be for a period of time that is
equal to the life of the development or improvement for purposes
other than the exercise of littoral rights that is the subject of
the lease.
The
The rentals received under the terms of such a
lease or
permit
shall
be paid into the state treasury to the credit of the
Lake
Erie
submerged lands fund, which is hereby created, and shall
be
distributed from that fund as follows:
(1) Fifty per cent of each rental shall be paid to the
department of natural resources for the administration of this
section and section 1506.10 of the Revised Code and for the
coastal management assistance grant program required to be
established under division (C) of section 1506.02 of the Revised
Code;
(2) Fifty per cent of each rental shall be paid to the
municipal corporation, county, or port authority making the
finding provided for in this section.
All leases and permits shall be executed in the manner
provided by section 5501.01 5301.01 of the Revised Code and shall
contain,
in addition to the provisions required in this section,
a
reservation to the state of all mineral rights and a provision
that the removal of any minerals shall be conducted in such
manner
as not to damage any improvements placed by the littoral
owner, or
lessee, or permit holder on the lands. No lease or permit
of the
lands defined in this section shall express or imply any
control
of fisheries or aquatic wildlife now vested in the
division of
wildlife of the department.
(D) Upland owners who, prior to October 13, 1955 January 1,
2008, have
erected, developed, or maintained structures,
facilities,
buildings, or improvements or made use of waters
primarily for purposes other than the exercise of littoral rights
in the part of
the territory in front of those uplands shall be
granted a lease
or permit under this section by the state upon the
presentation of a certification by
the
chief executive of a
municipal corporation, resolution of the
board of county
commissioners, or resolution of the board of
directors of the port
authority establishing that the structures,
facilities, buildings,
improvements, or uses do not constitute an
unlawful encroachment
on navigation and water commerce. The
lease
or permit shall
specifically enumerate the structures,
facilities,
buildings,
improvements, or uses so included.
(E) Persons having secured a lease or permit under this
section are entitled to just compensation for the taking, whether
for navigation, water commerce, or otherwise, by any governmental
authority having the power of eminent domain, of structures,
facilities, buildings, improvements, or uses erected or placed
upon the territory pursuant to the lease or permit or the
littoral
rights of the person and for the taking of the leasehold
and the
littoral rights of the person pursuant to the procedure
provided
in Chapter 163. of the Revised Code. The compensation
shall not
include any compensation for the site in the territory
except to
the extent of any interest in the site theretofore
acquired by the
person under this section or by prior acts of the
general assembly
or grants from the United States government.
The failure of any
person to apply for or obtain a lease or
permit under this section
does not prejudice any right the person
may have to compensation
for a taking of littoral rights or of
improvements made in
accordance with a lease, a permit, or
littoral rights.
(F) If any taxes or assessments are levied or assessed
upon
property a structure that is the subject of a lease or permit
under this
section, the taxes or assessments are the obligation of
the
lessee
or permit holder.
(G) If a lease or permit secured under this section
requires
the lessee or permit holder to obtain the approval of
the
department or any of its divisions for
any changes in structures,
facilities, or buildings, for any
improvements, or for any changes
or expansion in uses, no lessee
or permit holder shall change any
structures, facilities, or
buildings, make any improvements, or
expand or change any uses
unless the director first determines
that
the proposed action will not adversely affect any current or
prospective exercise of the public right of recreation in the
territory and in the state's reversionary interest in any
territory leased or permitted under this section.
Proposed changes or improvements shall be deemed to
"adversely affect" the public right of recreation if the changes
or improvements cause or will cause any significant demonstrable
negative impact upon any present or prospective recreational use
of the territory by the public during the term of the lease or
permit or any renewals of leases and of any public recreational
use of the
leased or permitted premises in which the state has a
reversionary
interest.
Sec. 1506.12. There is hereby created the Lake Erie coastal
resources advisory council, which shall consist of
nineteen the
director of natural resources or the director's designee and
nineteen members, who shall be appointed by the director of
natural resources, governor and who
represent a broad range of
interests, experience, and knowledge
relating to the management,
use, conservation, protection, preservation, and
development of
coastal area resources. The director governor shall
solicit names
of qualified persons to serve on the council from
the legislative
authorities of counties, townships, municipal
corporations, and
other political subdivisions and from interest
groups located in
the coastal area. The director governor shall appoint
to the
council at least one member from each shoreline county,
which
members shall be selected from the names submitted to the
director
governor as described above and at least one of which shall be a
public official of such a county; at least three individuals
who
own private shoreline property in a shoreline county; at least
one
public official of
a municipal corporation that is located in a
has shoreline county property within its geographical boundaries;
at
least two individuals who
are members of the Ohio association
of
realtors and whose places of business as specified in
section
4735.16 of the Revised Code are located in the shoreline
area; at
least three individuals who have an interest in or are
knowledgeable about the preservation of submerged resources, two
of whom shall be experienced in scuba diving; and
at least two
individuals with experience in
residential and
commercial land
development in the shoreline area. Not fewer than seven members
shall be individuals who are year-round residents who live
adjacent to the shoreline. No more than
ten members of the council
shall be from the same
political
party. The director may
participate in the deliberations of the
council, but shall not
vote.
The members of the council first appointed by the director
shall serve terms commencing no later than one hundred eighty
days
after March 15,
1989, and expiring on
February 1, 1990. On
February 2, 1990, the director shall
appoint six members to serve
for a term of one year and seven
members to serve for a term of
two years. The members first appointed by
the director after the
effective date of this amendment shall serve terms
commencing no
later than one hundred eighty days after that date. Three of
those
members shall serve terms expiring
on February 1, 1997, and three
of those members shall serve terms
expiring on February 1, 1998.
On February 2, 1997, the
director
shall appoint nine members to
serve for a term of three years to replace all
members
whose terms
of office expired on February 1, 1997. On
February 2, 1998, the
director shall appoint ten members to serve for
a term of four
years to replace all members whose terms of office expired on
February 1, 1998.
On the effective date of this amendment, the governor shall
begin the process of appointing members to the council. Not later
than three months following that date, all of the governor's
appointments shall be completed, and the terms of the initial
members of the council shall commence. Nine of the initial members
shall be appointed for terms ending on the first day of February
of the year that is two years following the year in which the
effective date of this amendment occurs. Ten of the initial
members shall be appointed for terms ending on the first day of
February of the year that is four years following the year in
which the effective date of this amendment occurs. Thereafter,
terms of
office for all appointed members shall be for four years
commencing on the second
day of
February and ending on the first
day of February. Members may
be reappointed to the council.
The director
governor may remove any appointed member at any
time for inefficiency, neglect of
duty, or malfeasance in office.
In the event of the death,
removal, resignation, or incapacity of
any appointed member, the director
governor shall appoint a
successor to hold office for the remainder of the
term for which
the member's predecessor was appointed. Any
appointed member shall
continue in office subsequent to the expiration date of the
member's term
until the member's successor takes office, or until
a period
of sixty days
has elapsed, whichever occurs first.
Membership on the council does not constitute holding a
public office or position of employment under state law and is
not
grounds for removal of public officers or employees from
their
offices or positions of employment.
The council annually shall select from its members a
chairperson and a
vice-chairperson. The council shall hold at
least
one meeting every three months and shall keep a record of
its
proceedings, which shall be open to the public for inspection.
Special meetings may be called by the chairperson and
shall be
called upon the written request of two or more members. A
majority
of the members constitutes a quorum. The department of
natural
resources shall furnish clerical, technical, legal, and
other
services required by the council in the performance of its
duties.
Members shall receive no compensation, but shall be
reimbursed from appropriations to the department for the actual
and necessary expenses incurred by them in the performance of
their official duties.
The council shall do all of the following:
(A) Advise the director on carrying out the director's
duties
under
this chapter, including, without limitation, implementation
of
the coastal management program;
(B) Recommend to the director such policies and
legislation
as are necessary to preserve, protect, develop, and
restore or
enhance the coastal resources of the state;
(C) Review and make recommendations to the director on the
development of policies, plans, and programs for long-term,
comprehensive coastal resource management, including, without
limitation, the coastal management program document adopted under
division (A)(1) of section 1506.02 of the Revised Code;
(D) Recommend to the director ways to enhance cooperation
among governmental agencies, including, without limitation, state
agencies, having an interest in coastal management and to
encourage wise use and protection of the state's coastal
resources. The council may request information and other
assistance from those governmental agencies for this purpose.
Sec. 1521.20 1506.38. The chief director of the
division of
water
natural resources shall act as the erosion agent
of the
state for the purpose of cooperating with the secretary
of the
army, acting through the chief of engineers of the United
States
army corps of engineers in the department of defense. The chief
director shall
cooperate with the secretary in carrying out, and
may conduct,
investigations and studies of conditions along the
shorelines of Lake Erie and of the bays and projections
therefrom,
and of the islands therein, within the territorial
waters of the
state, with a view to devising and perfecting
economical and
effective methods and works for preventing,
correcting, and
controlling shore erosion and damage
therefrom and
controlling the
inundation of improved property by
the waters of Lake Erie, its
bays, and associated inlets.
Sec. 1521.21 1506.39. The chief director of the
division of
water natural resources, in the discharge of the
chief's
director's duties under sections
1507.20 1506.38 to 1507.30
1506.49 of the
Revised Code, may call to
the chief's director's
assistance, temporarily, any engineers
or other employees in
any
state department, or in the Ohio state university or other
educational institutions financed wholly or in part by the state,
for the purpose of devising the most effective and economical
methods of controlling shore erosion
and damage from it and
controlling the inundation of improved
property by along the
waters shore of Lake Erie and
its bays and associated inlets.
Such engineers and employees shall not receive any
additional
compensation over that which they receive from the
departments or
institutions by which they are employed, but they shall be
reimbursed for their actual necessary expenses incurred while
working under the direction of the chief director on erosion and
inundation projects.
Sec. 1521.22 1506.40. (A) As used in this section, "ordinary
high water mark" means the ordinary high water mark of Lake Erie
that is established from time to time by the United States army
corp of engineers for regulatory purposes.
(B) The use of the ordinary high water mark shall be for the
administration of this section and shall not be construed to
determine any type of property boundary.
(C) No person shall construct a beach,
groin erosion control
structure, or other structure to control erosion, wave action, or
inundation improvement along or near the
Ohio shoreline of Lake
Erie, including related islands, bays, and inlets, lakeward of the
ordinary high water mark,
without
first obtaining a
shore
structure construction permit from
the chief of the division
director of water natural resources. The
The application for a shore structure
construction permit
shall include detailed
plans and specifications as prescribed by
the director. The detailed plans and specifications shall be
prepared by a professional engineer registered under
Chapter 4733.
of the Revised Code. An unless they pertain to a project that is
or solely involves any of the following:
(1) A project that is not an erosion control structure or the
rehabilitation of such a structure;
(2) The rehabilitation of a structure for which a permit
previously was issued under this section;
(3) A project or structure that does not require a
professional engineer to prepare the plans or specifications as
described in section 4733.18 of the Revised Code;
(4) Beach nourishment with natural sand.
An applicant for a construction permit under this section
shall provide
appropriate
evidence of compliance with any
applicable provisions of this chapter
and Chapters 1505. and 1506.
1521. of the Revised Code, as determined by
the chief director. A
temporary shore structure construction permit
may be issued by the
chief or an authorized representative of the chief director if it
is determined necessary to safeguard life, health, or property.
Each application or reapplication for a construction permit
under this section shall be
accompanied by a non-refundable fee as
the chief shall prescribe by rule in an amount determined by the
director using the fee schedule established in rules adopted under
section 1506.02 of the Revised Code.
If the application is approved,
the chief shall issue a
permit to the applicant authorizing
construction of
the project.
If
(D) Upon receipt of an application submitted under this
section, the director shall notify owners of littoral real
property that is adjacent to the proposed area of construction,
development, or improvement. The notice shall be in writing, state
that an application for a construction permit has been filed,
summarize the proposed construction, development, or improvement
that is the subject of the application, and state that the
recipient of the notice may submit comments to the director
concerning the application not later than thirty days following
receipt of the notice.
(E) Not later than fifteen days after the director receives
an application for a construction permit under this section, the
director shall determine whether the application is complete and
shall provide written notice to the applicant of the director's
determination. If the application is not complete, the director
shall include in the notice an itemized list of the information or
materials that are necessary to complete the application. If the
director notifies the applicant that information or materials are
necessary to complete the application, the applicant shall provide
the missing information or materials not later than thirty days
after receipt of the notice. The applicant may resubmit the
application with the necessary information or materials. If the
director fails to make a completeness determination and provide
notice to the applicant within fifteen days after receiving the
application, the application shall be deemed complete.
If the project solely involves the exercise of littoral
rights, the director shall issue or deny the construction permit
not later than ninety days after receipt of a complete
application. If the project is for a purpose other than the
exercise of littoral rights, the director shall issue or deny the
construction permit not later than one hundred twenty days after
receipt of a complete application. If the director fails to issue
or deny the construction permit within ninety or one hundred
twenty days, as applicable, after receiving the complete
application, the application shall be deemed approved, and the
director shall issue the permit.
If requested in writing by the applicant
within thirty days
of issuance of a notice of disapproval of the
application, the
chief director shall conduct an
adjudication hearing under Chapter
119. of the Revised Code,
except sections 119.12 and 119.121 of
the Revised Code. After
reviewing the record of the hearing, the
chief director shall
issue a final order approving the
application, disapproving it, or approving it conditioned on the
making of
specified revisions
in the plans and specifications.
(F) The chief director, by rule, shall limit the period
during which a
construction
permit issued under this section is
valid and shall establish reapplication
requirements governing a
construction permit that expires before construction, development,
or improvement
is completed.
In accordance with Chapter 119. of the Revised Code, the
chief
shall
adopt, and may amend or rescind, such rules as are
necessary for the
administration, implementation, and enforcement
of this section.
(G) A beach, erosion control structure, or other improvement
that exists on the effective date of this amendment, is located
lakeward of the ordinary high water mark, and exists primarily for
the purpose of enabling the exercise of littoral rights is not
subject to the requirements established in this section. However,
this exemption applies only to the portion of the beach, erosion
control structure, or other improvement that exists on the
effective date of this amendment and not to any substantial
alteration or expansion to it that subsequently is made by the
littoral owner.
(H) Nothing in this section shall be construed as determining
the boundary of the state's ownership of the waters of Lake Erie
as provided in section 1506.10 of the Revised Code.
Sec. 1521.23 1506.41. All moneys derived from the granting
of
permits
and leases under section 1505.07 of the Revised Code
for the
removal of sand, gravel, stone, gas, oil, and other
minerals and substances
from and under the bed of Lake Erie and
from applications
for shore structure construction permits
submitted under section
1521.22 1506.40 of
the Revised Code shall
be paid into the state treasury to the credit
of the permit and
lease fund, which is hereby created. Notwithstanding
any section
of the Revised Code relating to the distribution
or crediting of
fines for violations of the Revised Code,
all fines imposed under
division (A) of
section 1505.99 of the Revised Code and under
division (C)(A) of section
1521.99 1506.99 of
the Revised Code for
violations of section 1506.40 of the Revised Code shall be paid
into that fund. The fund
shall be administered by the department
of natural
resources for the protection of Lake Erie shores and
waters; investigation and control of erosion; the
planning,
development, and construction of facilities for recreational
use
of Lake Erie; implementation of section 1521.22
1506.40 of the
Revised Code; preparation of the state shore erosion plan
under
section 1521.29 1506.47 of the Revised Code; provision of
technical assistance to shoreline property owners under that
section; purchase of land for public access to Lake Erie; and
state administration of Lake Erie coastal erosion areas
under
sections 1506.06 and 1506.07 of the Revised Code. Money in the
fund also may be used for grants to a municipal corporation,
county, or port authority having Lake Erie shoreline property
within its geographical boundaries.
Sec. 1521.24 1506.42. The state, acting through the chief
director of the division of
water natural resources, subject to
section
1521.28 1506.46 of the Revised Code, may enter into
agreements
with
counties, townships, municipal corporations, park
boards, and
conservancy districts, other political subdivisions,
or any state
departments or divisions for the purpose of
constructing and
maintaining projects to control
erosion
along the
Ohio shoreline of Lake Erie and in any rivers and bays that are
connected with Lake Erie and any other watercourses that flow into
Lake Erie.
Such
projects also may be constructed on any Lake Erie
island that is situated within the boundaries of the state.
The cost of such shore erosion projects that are for the
benefit of public littoral property shall be prorated on the
basis
of two-thirds of the total cost to the state through
appropriations made to the division department of water natural
resources and
one-third of the cost to the counties, townships,
municipal
corporations, park boards, conservancy districts, or
other political
subdivisions.
If a shore erosion emergency is declared by the governor,
the
state, acting through the chief director, may spend whatever
state
funds are available to alleviate shore erosion, without
participation by any political subdivision, regardless of whether
the project will benefit public or private littoral property.
A board of county commissioners, acting for the county
over
which it has jurisdiction, may enter into and carry out
agreements
with the chief director for the construction and
maintenance of
projects to control
shore
erosion. In providing the funds for the
county's proportionate
share of the cost of constructing and
maintaining the projects
referred to in this section, the board
shall be governed by and
may issue and refund bonds in accordance
with Chapter 133. of the
Revised Code.
A municipal corporation or a township, acting through the
legislative authority or the board of township trustees, may
enter
into and carry out agreements with the chief director for
the
purpose of constructing and maintaining projects to control shore
erosion. In providing the funds
for
the municipal corporation's or
township's proportionate share of
the cost of constructing and
maintaining the projects referred to
in this section, a municipal
corporation or township may issue
and refund bonds in accordance
with Chapter 133. of the Revised
Code. The contract shall be
executed on behalf of the municipal
corporation or township by the
mayor, city manager, or other
chief executive officer who has the
authority to act for the
municipal corporation or township.
Conservancy districts may enter into and carry out
agreements
with the chief director, in accordance with the intent
of this
section, under the powers conferred upon conservancy
districts
under Chapter 6101. of the Revised Code.
Park boards may enter into and carry out agreements with
the
chief director, in accordance with the intent of this
section, and
issue bonds for that purpose under the powers
conferred upon park
districts under Chapter 1545. of the Revised Code.
The chief director shall approve and supervise all projects
that are to be constructed in accordance with this section. The
chief director shall not proceed with the construction of any
project until all funds that are to be paid by the county,
township,
municipal corporation, park board, or conservancy
district, in
accordance with the terms of the agreement entered
into between
the chief director and the county, township,
municipal corporation,
park board, or conservancy district, are in
the chief's
director's possession and
deposited in the shore
erosion fund, which is hereby created in
the state treasury. If
the chief director finds it to be in the
best interests of the
state to construct projects as set forth in
this section by the
state itself, without the financial
contribution of counties,
townships, municipal corporations, park boards, or
conservancy
districts, the chief director may construct the
projects.
In deciding whether to assist a county or municipal
corporation in constructing and maintaining a project under this
section, the state, acting through the chief, shall
consider,
among other factors, whether the county or municipal
corporation
has adopted or is in the process of adopting a Lake
Erie coastal
erosion area resolution or
ordinance under division
(D) of section
1506.07 of the Revised Code.
All projects constructed by the state in conformity with
sections 1521.20 1506.38 to 1521.28 1506.46 of
the Revised Code
shall be
constructed subject to sections 153.01 to 153.20 of the
Revised
Code, except that the state architect and engineer is not
required to prepare the plans and specifications for those
projects.
Sec. 1521.25 1506.43. The chief director of the
division of
water natural resources may
enter into a contract with any county,
township,
municipal corporation, conservancy
district, or park
board that has an agreement with the state in
accordance with
section 1521.24 1506.42 of the Revised Code
for the construction
of a shore erosion project. No contract shall be let
until all
money that is to be
paid by the political subdivision entering
into the agreement has been
deposited in the shore erosion fund
created in that section
1521.24 of the Revised
Code,
and no
contract shall be valid until approved by the director of natural
resources.
Sec. 1521.26 1506.44. (A) A board of county
commissioners
may use a loan obtained under division
(C) of this section to
provide
financial assistance to any person who owns real property
in a
coastal erosion area, as defined in section 1506.01 of the
Revised Code, and who has received a
construction permit under
section 1521.22 1506.40 of the
Revised Code to construct an
erosion
control structure in that coastal erosion area. The board
shall enter into an
agreement with
the person that complies with
all of the following
requirements:
(1) The agreement shall identify the person's real property
for which the
erosion control structure is being constructed and
shall include a legal
description of that property and a reference
to the volume and page of the
deed record in which the title of
that person to that property is recorded.
(2) In accordance with rules
adopted by the Ohio water
development authority under division
(V) of section 6121.04 of the
Revised
Code for the purposes of
division (C) of this section
and
pursuant to an agreement between the board and the authority
under
that division, the board shall agree to cause payments to
be made
by the authority to the contractor hired by the person
to
construct an erosion control structure in amounts not to
exceed
the total amount specified in the agreement between the
board and
the person.
(3) The person shall agree to pay to the board, or to the
authority as the
assignee pursuant to division (C) of this
section, the total amount
of the payments plus administrative or
other costs of the board or the
authority at times, in
installments, and bearing interest as specified in the
agreement.
The agreement may contain additional provisions that the
board determines
necessary to safeguard the interests of the
county or to comply with an
agreement entered into under division
(C) of this section.
(B) Upon entering into an agreement under division
(A) of
this section, the board
shall do all of the following:
(1) Cause the agreement to be recorded in the county deed
records in
the office of the county recorder of the county in
which the
real property is situated. Failure to record the
agreement
does not affect the validity of the agreement or the
collection
of any amounts due under the agreement.
(2) Establish by resolution an erosion
control repayment fund
into which shall be deposited all amounts
collected under division
(B)(3)
of this section. Moneys in that fund shall be used by the
board
for the repayment of the loan and for administrative or
other
costs of the board or the authority as specified in an
agreement
entered into under division (C)
of this section. If the
amount of money in the fund is inadequate to repay
the loan when
due, the board of county commissioners, by resolution, may
advance
money from any other fund in order to repay the loan if that use
of
the money from the other fund is not in conflict with law.
If
the board so advances money in order to repay the loan, the board
subsequently shall reimburse each fund from which the board
advances money
with moneys from the erosion control repayment
fund.
(3) Bill and collect all amounts when due
under the agreement
entered into under division
(A) of this section. The board shall
certify amounts
not paid when due to the county auditor, who shall
enter the amounts on the
real property tax list and duplicate
against the property identified under
division (A)(1) of this
section. The amounts not
paid when due shall be a lien on that
property from the date on which the
amounts are placed on the tax
list and duplicate and shall be collected in the
same manner as
other taxes.
(C) A board may apply to the authority for a loan for the
purpose
of entering into agreements under division (A) of this
section. The
loan shall be for an amount and on the terms
established in an agreement
between the board and the authority.
The board may assign any agreements
entered into under division
(A) of
this section to the authority in order to provide for the
repayment of the
loan and may pledge any lawfully available
revenues to the repayment of the
loan, provided that no moneys
raised by taxation shall be obligated or pledged
by the board for
the repayment of the loan. Any agreement with the authority
pursuant to this division is not subject to Chapter 133. of the
Revised Code or any
requirements or limitations established in
that chapter.
(D) The authority, as
assignee of any agreement pursuant to
division
(C) of this section, may
enforce and compel the board and
the county auditor by mandamus
pursuant to Chapter 2731. of
the
Revised Code to comply with division (B) of
this section in a
timely manner.
(E) The construction of an erosion control structure by a
contractor hired by an individual homeowner, group of individual
homeowners,
or homeowners association that enters into an
agreement with a board under
division (A) of this section is not a
public improvement, as defined
in section 4115.03 of the Revised
Code, and is not subject to competitive
bidding or public
bond
laws.
Sec. 1521.27 1506.45. The state, or any county, township,
municipal corporation,
conservancy district, or park board that
has entered into a contract under
section 1521.25 1506.43 of the
Revised Code, may acquire lands
by gift or devise,
purchase, or
appropriation. In case of appropriation, the proceedings shall
be
instituted in the name of the state or the political subdivision
and shall
be
conducted in the manner provided for the
appropriation of private property by
the state or the political
subdivision insofar as those proceedings are
applicable. Either
the fee or any lesser interest may be acquired as the
state or the
political subdivision considers advisable.
Sec. 1521.28 1506.46. Any action taken by the chief
director
of the division of
water natural resources under sections
1521.20
1506.38 to 1521.30 1506.49 of the Revised Code shall
not be deemed
in conflict with certain powers and duties conferred upon and
delegated to federal agencies and to municipal corporations under
Section 7 of
Article XVIII, Ohio Constitution, or as provided by
sections 721.04 to 721.11
of the Revised Code.
Sec. 1521.29 1506.47. The chief director of the
division of
water, in
cooperation with the division of geological survey,
natural resources may
prepare a plan for
the management of shore
erosion in the state along
Lake Erie, its bays, and associated
inlets, revise the plan
whenever it can be made more effective,
and make the plan available for public
inspection. In the
preparation of the plan, the chief
director may employ
such
existing plans as are available.
The chief director also may establish a program to
provide
technical
assistance on shore erosion control measures to
municipal corporations,
counties, townships, conservancy
districts, park boards, and shoreline
property
owners.
Sec. 1521.30 1506.48. Upon application of any owner of real
property damaged or
destroyed by shore erosion, the county auditor
of the county in which the
real property is situated shall cause a
reappraisal to be made and shall
place the property on the tax
list at its true value in money.
Whenever the county auditor finds that ninety per cent or
more of the
area of any littoral parcel of land appearing upon the
tax duplicate has been
eroded and lies within the natural
boundaries of Lake Erie and that the
remainder of the parcel, if
any, has no taxable value, the
auditor may certify that
finding to
the county board of revision. Upon consideration thereof, the
board
may authorize removal of the parcel from the tax duplicate
and cancellation
of all current and delinquent taxes, assessments,
interest, and penalties
charged against the parcel.
Sec. 1506.49. The director of natural resources or any
employee in the service of the department of natural resources,
after providing notice as required by this section, may enter on
lands to conduct surveys and inspections that are necessary or
appropriate for the purposes of reviewing an application for a
permit under this chapter and monitoring the construction of a
structure or project under such a permit. Not less than two nor
more than twelve business days prior to the date of entry, the
director or the employee shall provide, by means that are
reasonably available, notice of the impending entry to the owner
or person in possession of the property that is to be surveyed or
inspected. An entry that is made in accordance with this section
does not constitute a civil or criminal trespass.
Sec. 1521.01. As used in sections 1521.01 to 1521.05, and
1521.13 to 1521.18, and 1521.20 to 1521.30 of the
Revised Code:
(A) "Consumptive use," "diversion," "Lake Erie drainage
basin," "other great lakes states and provinces," "water
resources," and "waters of the state" have the same meanings as
in
section 1501.30 of the Revised Code.
(B) "Well" means any excavation, regardless of design or
method of construction, created for any of the following
purposes:
(1) Removing ground water from or recharging water into an
aquifer, excluding subsurface drainage systems installed to
enhance agricultural crop production or urban or suburban
landscape management or to control seepage in dams, dikes, and
levees;
(2) Determining the quantity, quality, level, or movement
of
ground water in or the stratigraphy of an aquifer, excluding
borings for instrumentation in dams, dikes, levees, or highway
embankments;
(3) Removing or exchanging heat from ground water,
excluding
horizontal trenches that are installed for water source
heat pump
systems.
(C) "Aquifer" means a consolidated or unconsolidated
geologic
formation or series of formations that are hydraulically
interconnected and that have the ability to receive, store, or
transmit water.
(D) "Ground water" means all water occurring in an
aquifer.
(E) "Ground water stress area" means a definable
geographic
area in which ground water quantity is being affected
by human
activity or natural forces to the extent that continuous
availability of supply is jeopardized by withdrawals.
(F) "Person" has the same meaning as in section 1.59 of
the
Revised Code and also includes the United States, the state,
any
political subdivision of the state, and any department,
division,
board, commission, agency, or instrumentality of the
United
States, the state, or a political subdivision of the
state.
(G) "State agency" or "agency of the state" has the same
meaning as "agency" in section 111.15 of the Revised Code.
(H) "Development" means any artificial change to
improved or
unimproved real estate, including the construction of buildings
and other structures, any substantial improvement of a structure,
mining, dredging, filling, grading, paving, excavating, and
drilling operations, and storage of equipment or materials.
(I) "Floodplain" means the area adjoining any river,
stream,
watercourse, or lake that has been or may be covered by
flood
water.
(J) "Floodplain management" means the implementation of an
overall program of corrective and preventive measures for
reducing
flood damage, including the collection and dissemination
of flood
information, construction of flood control works,
nonstructural
flood damage reduction techniques, and adoption of
rules,
ordinances, or resolutions governing development in
floodplains.
(K) "One-hundred-year flood" means a flood having a one
per
cent chance of being equaled or exceeded in any given year.
(L) "One-hundred-year floodplain" means that portion of a
floodplain inundated by a one-hundred-year flood.
(M) "Structure" means a walled and roofed building,
including, without limitation, gas or liquid storage tanks, mobile
homes, and
manufactured homes.
(N) "Substantial improvement" means any reconstruction,
rehabilitation, addition, or other improvement of a structure,
the
cost of which equals or exceeds fifty per cent of the market
value
of the structure before the start of construction of the
improvement. "Substantial improvement" includes repairs to
structures that have incurred substantial damage regardless of
the
actual repair work performed. "Substantial improvement" does
not
include either of the following:
(1) Any project for the improvement of a structure to
correct
existing violations of state or local health, sanitary,
or safety
code specifications that have been identified by the
state or
local code enforcement official having jurisdiction and
that are
the minimum necessary to ensure safe living conditions;
(2) Any alteration of an historic structure designated or
listed pursuant to federal or state law, provided that the
alteration will not preclude the structure's continued listing or
designation as an historic structure.
(O) "Shore structure" includes, but is not limited to:
beaches;
groins; revetments; bulkheads; seawalls; breakwaters;
certain dikes designated
by the chief of the division of water;
piers; docks; jetties; wharves;
marinas; boat ramps; any
associated fill or debris used as part of the
construction of
shore structures that may affect shore erosion, wave action,
or
inundation; and fill or debris placed along or near the shore,
including
bluffs, banks, or beach ridges, for the purpose of
stabilizing slopes.
(P) "Substantial damage" means damage of any origin that is
sustained by a structure if the cost of restoring the structure to
its condition prior to the damage would equal or exceed fifty per
cent of the market value of the structure before the damage
occurred.
(Q)(P) "National flood insurance program" means the national
flood insurance program established in the "National Flood
Insurance Act of 1968," 82 Stat. 572, 42 U.S.C. 4001, as amended,
and regulations adopted under it.
(R)(Q) "Conservancy district" means a conservancy district
established under Chapter 6101. of the Revised Code.
(S) "Park board" means the board of park commissioners of a
park
district created under Chapter 1545. of the Revised Code.
(T) "Erosion control structure" means anything that is
designed
primarily to reduce or control erosion of the shore along
or near lake erie,
including, but not limited to, revetments,
seawalls, bulkheads, certain
breakwaters designated by the chief,
and similar structures. "Erosion control
structure" does not
include wharves, piers, docks, marinas, boat ramps, and
other
similar structures.
Sec. 1521.99. (A) Whoever violates division (E)(1) of
section 1521.05 or
division (E)(1) of section 1521.16 of the
Revised Code is guilty of a
misdemeanor of the fourth degree.
(B) Whoever violates section 1521.06 or 1521.062 of the
Revised Code shall be
fined not less than one hundred dollars nor
more than one thousand dollars for
each offense. Each day of
violation constitutes a separate offense.
(C) Whoever violates sections 1521.20 to 1521.30 of the
Revised Code shall be fined not less than one hundred
dollars nor
more than one thousand dollars for each offense. Each day of
violation constitutes a separate offense.
Sec. 6121.04. The Ohio water development authority may do
any or all of the
following:
(A) Adopt bylaws for the regulation of its affairs and the
conduct of its
business;
(B) Adopt an official seal;
(C) Maintain a principal office and suboffices at places
within the state
that it designates;
(D) Sue and plead in its own name and be sued and impleaded
in its
own name
with respect to its contracts or torts of its
members, employees, or agents
acting within the scope of their
employment, or to enforce its obligations and
covenants made under
sections 6121.06, 6121.08, and 6121.13 of the Revised
Code. Any
such actions against the authority shall be brought in the court
of
common pleas of the county in which the principal office of the
authority is
located or in the court of common pleas of the county
in which the cause of
action arose, provided that the county is
located within this state, and all
summonses, exceptions, and
notices of every kind shall be served on the
authority by leaving
a copy thereof at the principal office with the person in
charge
thereof or with the secretary-treasurer of the authority.
(E) Make loans and grants to governmental agencies for the
acquisition or
construction of water development projects by any
such governmental agency and
adopt rules and procedures for making
such the loans and grants;
(F) Acquire, construct, reconstruct, enlarge, improve,
furnish, equip,
maintain, repair, operate, or lease or rent to, or
contract for operation by,
a governmental agency or person, water
development projects, and establish
rules for the use of those
projects;
(G) Make available the use or services of any water
development project to
one or more persons, one or more
governmental agencies, or any combination
thereof;
(H) Issue water development revenue bonds and notes and water
development
revenue refunding bonds of the state, payable solely
from revenues as provided
in section 6121.06 of the Revised Code,
unless the bonds are refunded by
refunding bonds, for the purpose
of paying any part of the cost of one or more
water development
projects or parts thereof;
(I) Acquire by gift or purchase, hold, and dispose of real
and personal
property in the exercise of its powers and the
performance of its duties under
this chapter;
(J) Acquire, in the name of the state, by purchase or
otherwise, on
terms and in the manner that it considers
proper, or
by the exercise of the
right of condemnation in the manner
provided by section 6121.18 of the Revised
Code, public or private
lands, including public parks,
playgrounds, or
reservations, or
parts thereof or rights therein, rights-of-way, property,
rights,
easements, and interests that it considers necessary
for carrying
out
this chapter, but excluding the acquisition by the exercise of
the right of
condemnation of any waste water facility or water
management facility owned by
any person or governmental agency,
and compensation shall be paid for public
or private lands so
taken, except that a government-owned waste water facility
may be
appropriated in accordance with section 6121.041 of the Revised
Code;
(K) Adopt rules to protect augmented flow in waters of the
state, to the
extent augmented by a water development project,
from depletion so it will be
available for beneficial use, and to
provide standards for the withdrawal from
waters of the state of
the augmented flow created by a water development
project that is
not returned to the waters of the state so augmented and to
establish reasonable charges therefor if considered necessary by
the
authority;
(L) Make and enter into all contracts and agreements and
execute all
instruments necessary or incidental to the performance
of its duties and the
execution of its powers under this chapter
in accordance with the following
requirements:
(1) When the cost under any such contract or agreement, other
than
compensation for personal services, involves an expenditure
of more than
twenty-five thousand dollars, the authority shall
make a written contract with the lowest
responsive and responsible
bidder, in accordance with section 9.312 of the
Revised Code,
after advertisement for not less than two consecutive weeks in a
newspaper of general circulation in Franklin county, and in other
publications that the authority determines, which shall state
the
general
character of the work and the general character of the
materials to be
furnished, the place where plans and
specifications therefor may be examined,
and the time and place of
receiving bids, provided that a contract or lease
for the
operation of a water development project constructed and owned by
the
authority or an agreement for cooperation in the acquisition
or construction
of a water development project pursuant to section
6121.13 of the Revised
Code or any contract for the construction
of a water development project that
is to be leased by the
authority to, and operated by, persons who are not
governmental
agencies and the cost of the project is to be amortized
exclusively from rentals or other charges paid to the authority by
persons who
are not governmental agencies is not subject to the
foregoing requirements and
the authority may enter into such a
contract or lease or such an agreement
pursuant to negotiation and
upon terms and conditions and for
the period
that it finds to be
reasonable and proper in the
circumstances and in the best
interests of proper operation or of efficient acquisition or
construction of
the project.
(2) Each bid for a contract for the construction, demolition,
alteration,
repair, or reconstruction of an improvement shall
contain the full name of
every person interested in it and shall
meet the requirements of section
153.54 of the Revised Code.
(3) Each bid for a contract except as provided in division
(L)(2) of this
section shall contain the full name of every person
or company interested in
it and shall be accompanied by a
sufficient bond or certified check on a
solvent bank that if the
bid is accepted, a contract will be entered into and
the
performance thereof secured.
(4) The authority may reject any and all bids.
(5) A bond with good and sufficient surety, approved by the
authority, shall
be required of every contractor awarded a
contract except as provided in
division (L)(2) of this section, in
an amount equal to at least fifty per
cent of the contract price,
conditioned upon the faithful performance of the
contract.
(M) Employ managers, superintendents, and other employees and
retain or
contract with consulting engineers, financial
consultants, accounting experts,
architects, attorneys, and other
consultants and independent contractors
that
are necessary in its
judgment to carry out this chapter, and fix the
compensation
thereof. All expenses thereof shall be payable solely from the
proceeds of water development revenue bonds or notes issued under
this
chapter, from revenues, or from funds appropriated for that
purpose by the
general assembly.
(N) Receive and accept from any federal agency, subject to
the approval of
the governor, grants for or in aid of the
construction of any water
development project or for research and
development with respect to waste
water or water management
facilities, and receive and accept aid or
contributions from any
source of money, property, labor, or other things of
value, to be
held, used, and applied only for the purposes for which the
grants
and contributions are made;
(O) Engage in research and development with respect to waste
water or water
management facilities;
(P) Purchase fire and extended coverage and liability
insurance for any water
development project and for the principal
office and suboffices of the
authority, insurance protecting the
authority and its officers and employees
against liability for
damage to property or injury to or death of persons
arising from
its operations, and any other insurance the authority may agree
to
provide under any resolution authorizing its water development
revenue
bonds or in any trust agreement securing the same;
(Q) Charge, alter, and collect rentals and other charges for
the use or
services of any water development project as provided
in section 6121.13 of
the Revised Code;
(R) Provide coverage for its employees under
Chapters 145.,
4123.,
and 4141. of the Revised Code;
(S) Assist in the implementation and administration of the
drinking water
assistance fund and program created in section
6109.22 of the Revised Code and
the water pollution control loan
fund and program created in section 6111.036
of the Revised Code,
including, without limitation, performing or providing
fiscal
management for the funds and investing and disbursing moneys in
the
funds, and enter into all necessary and appropriate agreements
with the
director of environmental protection for those purposes;
(T) Issue water development revenue bonds and notes of the
state in principal
amounts that are necessary for the purpose of
raising moneys for the sole
benefit of the water pollution control
loan fund created in section 6111.036
of the Revised Code,
including moneys to meet the requirement for providing
matching
moneys under division (D) of that section. The bonds and notes may
be secured by appropriate trust agreements and repaid from moneys
credited to
the fund from payments of principal and interest on
loans made from the fund,
as provided in division (F) of section
6111.036 of the Revised Code.
(U) Issue water development revenue bonds and notes of the
state in principal
amounts that are necessary for the purpose of
raising moneys for the sole
benefit of the drinking water
assistance fund created in section 6109.22 of
the Revised Code,
including moneys to meet the requirement for providing
matching
moneys under divisions (B) and (F) of that section. The bonds
and
notes may be secured by appropriate trust agreements and repaid
from
moneys credited to the fund from payments of principal and
interest on loans
made from the fund, as provided in division (F)
of section 6109.22 of the
Revised Code.
(V) Make loans to and enter into agreements with boards of
county
commissioners for the purposes of section 1521.26 1506.44
of the Revised Code and
adopt rules establishing requirements and
procedures for making the loans and
entering into the agreements;
(W) Do all acts necessary or proper to carry out the powers
expressly granted in this chapter.
Any instrument by which real property is acquired pursuant to
this section
shall identify the agency of the state that has the
use and benefit of the
real property as specified in section
5301.012 of the Revised Code.
Section 2. That existing sections 317.08, 1501.01, 1504.02,
1506.01, 1506.02, 1506.06, 1506.08, 1506.10, 1506.11, 1506.12,
1521.01, 1521.20, 1521.21, 1521.22, 1521.23, 1521.24, 1521.25,
1521.26, 1521.27, 1521.28, 1521.29, 1521.30, 1521.99, and 6121.04
and section 1506.37 of the Revised Code are hereby repealed.
Section 3. (A) As used in this section, "territory" has the
same meaning as in section 1506.11 of the Revised Code, as amended
by this act.
(B) Section 1506.11 of the Revised Code, as amended by this
act, requires a lease for the development or improvement of a part
of the territory primarily for purposes other than the exercise of
littoral rights. Not later than sixty days after the effective
date of this act, the Director of Natural Resources shall provide
notice by certified mail of the right to make a request to
terminate a lease to all persons who have entered into a lease
with the state under section 1506.11 of the Revised Code, as it
existed prior to its amendment by this act, if the development or
improvement for which the lease was entered into was primarily for
the exercise of littoral rights. Beginning one hundred twenty days
after receipt of the notification, a littoral owner may request
the state to terminate any such lease. On the date of the
termination request, the lease is terminated, and the lessee is
released from all obligations under it.
On and after the effective date of this act, a littoral owner
may request the state to amend a lease that was entered into with
the state under section 1506.11 of the Revised Code, as it existed
prior to its amendment by this act, and any associated fees to
include only territory that was developed or improved primarily
for purposes other than the exercise of littoral rights.
Upon receipt of a request to terminate or amend a lease under
this section, the
state, acting through the Director, promptly
shall comply with and
take all steps that are necessary to
implement the request in a
timely manner.
Section 4. On the effective date of this section, the Coastal
Resources Advisory Council created in section 1506.12 of the
Revised Code, as that section existed prior to its amendment by
this act, is abolished, and all of its assets, liabilities,
equipment, and records, irrespective of form or medium, are
transferred to the Lake Erie Coastal Advisory Council that is
created in section 1506.12 of the Revised Code as amended by this
act. Former members of the Coastal Resources Advisory Council may
be appointed to the Lake Erie Coastal Advisory Council if the
Governor so chooses.
|
|