Coastal Regulations

As a lakefront property owner, you may be interested in improving your property through construction or development along the shore of Lake Erie. However, such construction and development activities can impact fishing, swimming, boating, beaches, property values, animal habitat, and other aspects of Lake Erie that make its coast a prized natural resource. For this reason, various federal, state, and local regulations require you to obtain authorization before construction activities may take place along the Lake Erie shore. This guidance sheet summarizes the most common coastal regulations to help you understand how they apply to construction activities and lakefront property.

Federal Regulations

Under Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act of 1899, a permit from the U.S. Army Corps of Engineers may be required. A permit from the U.S. Army Corps of Engineers is required for the construction, excavation, or deposition of materials in, over, or under navigable waters of the United States and for the discharge of dredged or fill material into the waters of the United States, including certain wetlands. For further directions, information, or an application contact:

State of Ohio Regulations

Under Section 401 of the federal Clean Water Act, a Water Quality Certification may be required from the Ohio Environmental Protection Agency (OEPA). A Water Quality Certification is required to obtain a federal Clean Water Act Section 404 Permit from the U.S. Army Corps of Engineers, or any other federal permits or licenses for projects that will result in a discharge of dredged or fill materials into any waters of the State.

For further directions, information, or an application contact:

Ohio Environmental Protection Agency
Division of Surface Water - 401/Wetlands Unit
P.O. Box 1049
Columbus, OH 43216-1049
(614) 644-2001

A Shore Structure Permit (Section 1506.40 Ohio Revised Code) may be required from the Ohio Department of Natural Resources (ODNR). A Shore Structure Permit is required to construct a beach, groin, revetment, seawall, breakwater, pier, jetty or other structure to arrest or control erosion, wave action, or inundation along or near the Ohio shoreline of Lake Erie (including the islands, bays, and inlets) or to construct a shore structure that will have an effect on the littoral system.

For further directions, information, or an application contact:

Ohio Department of Natural Resources
Office of Coastal Management
105 West Shoreline Drive
Sandusky, OH 44870
(419) 626-7980 or 1-888-644-6267 (toll free)

A Coastal Erosion Area (CEA) Permit (Section 1506.07 ORC) may be required from the Director of the Ohio Department of Natural Resources. A CEA permit is required to erect, construct, or redevelop a permanent structure if the structure, or portion thereof, is located within the Lake Erie Coastal Erosion Area. A permanent structure is further defined as a residential, commercial, industrial, institutional or agricultural building, or a septic system, or an addition greater than 500 square feet at ground level to an existing permanent structure. For instructions, further information, or an application, contact the ODNR Office of Coastal Management at 1-888-OhioCMP.

Under Ohio law (Section 1506.10 and Section 1506.11 ORC) a Submerged Land Lease must be entered into with the State of Ohio to place private improvements on Lake Erie submerged lands. A Submerged Land Lease is required for an improvement, or portion thereof, that occupies land lakeward of where Ordinary High Water Mark (573.4 feet International Great Lakes Datum, 1985) intersects the natural shore prior to placement of any fill or structures. Areas lakeward of the OHWM which are included in a valid deed may be excluded from the leased area.

To enter into a Submerged Land Lease, the local authority must first pass a resolution declaring that the submerged lands specified in the application are not needed for any public improvements and that their use complies with any local waterfront plans. For further directions, information, or an application contact the ODNR Office of Coastal Management

A Coastal Consistency Certification is also needed.

Local Regulations

Floodplain regulations may be included in local zoning or building codes, in subdivision regulations, or as special purpose regulations. Before developing in a flood hazard area, contact your local Designated Floodplain Administrator. ODNR may provide assistance in locating or contacting your Designated Floodplain Administrator. Contact the ODNR Floodplain Management Program at (614) 265-6750

County or municipal ordinances may require a building permit be obtained or may place limitations on the construction. The local building authorities should be consulted before beginning any construction activities. If you are planning a construction or development project for your lakefront property, contacting each of the previously listed authorities ahead of time may facilitate the permitting process.

If you have already begun construction, please cease all work and contact each of the previously listed authorities to receive further instructions. The following worksheet may serve as a guide when you contact these authorities and when you schedule construction. Use it to ensure that you have contacted all of the necessary authorities and obtained their approval.

Likewise, if you have an agent or a consultant obtain the permits for you, be sure they keep you informed of each application's status. Keep in mind that you, the property owner, are ultimately responsible for obtaining these authorizations.