Timeline for:
Draft OAC Rules 1501-6-01 to 1501-6-40
Merrill vs. State of Ohio | Ohio's Submerged Lands Leasing program
In an effort to update and clarify policies regarding development along Ohio’s Lake Erie coast, the Ohio Department of Natural Resources is proposing revisions to and drafting new Ohio Administrative Code (OAC) rules for Section 1501-6.
- The most recent rule development process began in 2007.
- The most recent draft rules were posted here on August 11, 2008.
(Black text is existing rules; blue text represents changes; green text is intended to provide clarity.)
- The rule development process was put on hold, awaiting clarification by the courts on various issues in the Merrill case which was before the Ohio Supreme Court.
- A decision was issued in the case on Wednesday September 14, 2011. Read the decision here: http://www.sconet.state.oh.us/rod/docs/pdf/0/2011/2011-Ohio-4612.pdf
Steps in the rule development process along with a general history of the state of Ohio's Submerged Lands Leasing program are listed in reverse chronological order below and are current as of September 14, 2011.
Select a link from below to jump to a timeframe in the rule development process, or scroll down.
2011
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February events below
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September
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2010
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February
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2009
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August
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2008
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January
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June
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July
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September events below |
2007
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July 13
Gov. Strickland issues new regulatory policy for Submerged Lands Leases
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August
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September
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October
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December 11
Ruling issued in Lake County Common Pleas Court
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2007
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June 21 - SB 189 is introduced to change ORC 1506.
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2005
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April 19 - HB 206 and SB 127 are introduced to change ORC 1506.
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2004
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November 30 - ODNR files draft rules to for OAC 1501-6 with JCARR. After a public hearing in January, ODNR pulls the draft rules. |
May 28 - Lawsuit is filed in Lake County Common Pleas Court against the state of Ohio and ODNR (Case No. 04cv001081)
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2003
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December 10 - Am HB 218 is passed by the Ohio House |
| September 16 - HB 276 is introduced to change ORC 1506. |
June 10 - HB 218 is introduced to change ORC 1506.
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2002
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May 16 - HB 583 is introduced to change ORC 1506. |
| May 15 - ODNR announces that it will create an Office of Coastal Management to administer the Ohio Coastal Management Program. The creation of the office marks the first time in state history that the administration of the permitting and leasing programs for shore structures built along Ohio's coast will be in the same office. The Office of Coastal Management is located in Sandusky, adjacent to Lake Erie, to further promote efficiencies in effectively serving coastal residents and communities. |
1998
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June 1 - Ohio's Coastal Erosion Area Program begins (see CEA Permits)
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1997
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May 16 - The Ohio Coastal Management Program is federally approved.
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1989
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March 15 - ODNR is given the responsibility for administering the Submerged Lands Lease program in accordance with Ohio Revised Code §1506 and Ohio Administrative Code §1501-6.
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1982
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The Ohio Department of Administrative Services assumes the responsibility for administering Submerged Lands Leases.
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1955
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The Ohio Department of Public Works assumed responsibility for administering all Submerged Lands Leases in the state.
The ODNR Division of Shore Erosion begins issuing Shore Structure Permits.
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| 1917 |
Submerged Lands Leases are first administered in Ohio. Originally, most leases were administered by communities along Ohio’s 312-mile coast. |
- September 14, 2011 The Ohio Supreme Court releases a decision in the Merrill case. Download a PDF copy.
- November 29, 2010 The Ohio Supreme Court issues a notice that oral arguments are scheduled for February 1, 2011. (read notice in case No. 2009-09-18060).
- March 3, 2010 The Ohio Supreme Court grants jurisdiction in the Merrill vs. State of Ohio cases and agrees to hear the appeal and cross-appeal. Each of these Ohio Supreme Court entries for this case can be viewed as a PDF files on the court's Webpage for this case No. 2009-09-1806.
- Feb. 1, 2010 Since the first appeals were filed on October 7, 2009, at least 35 additional entries have been filed for the case of Merrill vs. State of Ohio in the Ohio Supreme Court. Each of these entries can be viewed as a PDF file on the Ohio Supreme Court's Webpage for this case No. 2009-09-1806.
- Oct. 7, 2009 The Ohio Attorney General's Office and the ODNR file a joint notice of appeal in the Ohio Supreme Court to the District Appellate Court decision in the case of Merrill vs. State of Ohio (Case No. 2009-09-1806 ). The parties filed a joint notice of appeal but separate Memoranda in Support of Jurisdiction.
- Oct. 7, 2009 Second notice of appeal of National Wildlife Federation and Ohio Environmental Council (PDF)
- Memorandum in support of jurisdiction of National Wildlife Federation and Ohio Environmental Council (PDF)
- Aug. 24, 2009 Ruling issued by the 11th District Appellate Court in the case of Merrill vs. State of Ohio (Case No. 2008-L-007).
- Sept. 30, 2008 Comments on rules submitted by:
- Sept. 29, 2008 Comments on rules submitted by:
- Sept. 28, 2008 Comments on rules submitted by:
- Sept. 27, 2008 Comments on rules submitted by:
- Sept. 26, 2008 Comments on rules submitted by:
- Sept. 25, 2008 Comments on rules submitted by:
- Aug. 29, 2008 News release announcing public meetings from 6 p.m. to 8:30 p.m. on three consecutive Thursdays in September (4, 11, 18), is re-issued.
- Aug. 11, 2008 The latest version of Draft OAC Rules 1501-6-01 to 1501-06-40 was posted on the Office of Coastal Management website.
- Aug. 8, 2008 News release announcing public meetings from 6 p.m. to 8:30 p.m. on three consecutive Thursdays in September (4, 11, 18), is issued.
- Aug. 7, 2008 Members of the Ohio Lakefront Group meet with Office of Coastal Management staff in Sandusky to follow-up on and continue with discussions from the July 23 meeting in Columbus.
- July 23, 2008 Members of the Ohio Lakefront Group meet with ODNR administration and Office of Coastal Management staff in Columbus to discuss the revised draft rules.
- June 6, 2008 A letter is mailed to consultants providing general guidelines for the application and review of current requests under ORC 1506.11 for Submerged Land Authorizations within the territory of Lake Erie.
- January to August 2008 The original version of the proposed draft OAC rules is updated and reviewed to reflect applicable court rulings, and concerns voiced by littoral property owners, local decision makers, the general public, and others who have an interest in Lake Erie.
- Nov. 15, 2007 The National Oceanic and Atmospheric Administration Office of Ocean and Coastal Resource Management mails a letter to the Ohio Coastal Management Program (Office of Coastal Management) commenting on the draft revised rules. (Letter Part 1) (Letter Part 2).
- Nov. 8, 2007 Draft rules and comments from subcommittee meetings are presented to the full Coastal Resources Advisory Council.
- Oct. 25, 2007
Revised draft rules from the Oct. 19, meeting are discussed at the Coastal Resources Advisory Council subcommittee meeting. The meeting is open to the public and held at the Cleveland Lakefront State Park Office.
- Oct. 19, 2007
Revised draft rules from the Oct. 9, meeting are discussed at the Coastal Resources Advisory Council subcommittee meeting. The meeting is open to the public and held at Cleveland Lakefront State Park Office.
- Oct. 9, 2007 Draft rules are discussed at the Coastal Resources Advisory Council subcommittee meeting. The meeting is open to the public and held at the Cleveland Lakefront State Park Office.
- Sept. 29, 2007 Draft rules are presented to a subcommittee of the Coastal Resources Advisory Council for consideration and review.
If you have questions or comments about the proposed Draft OAC Rules 1501-6-01 to 1501-6-40 or the rule making processes, please contact the ODNR Office of Coastal Management at coastal@dnr.state.oh.us or 419-626-7980.
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