OHIO DEPARTMENT OF NATURAL RESOURCES
REAL ESTATE ACQUISITION BACKGROUND

Background

The Ohio Department of Natural Resources (ODNR) was created by the General Assembly in 1949. The general purpose of the creation of ODNR was defined as:

It is the intent of the General Assembly that the department of natural resources created by this act shall formulate and put into execution a long term comprehensive plan and program for the development and wise use of the natural resources of the state, to the end that the health, happiness and wholesome enjoyment of life of the people of Ohio may be further encouraged; that increased recreational opportunities and advantages be made available to the people of Ohio and her visitors; that industry, agriculture, employment, investment, and other economic interests may be assisted and encouraged.

This intent is clearly articulated in ODNR's Mission Statement:

To ensure a balance between wise use and protection of our natural resources for the benefit of all.

Land acquisition is an integral part of the department's mission and the purpose of this background is to define both the philosophy and guidelines that the department uses when acquiring lands.

Introduction

During the last thirty years a great deal has changed about how we value recreation and conservation pursuits and their importance to our quality of life. The potential benefits are enormous. Recreation and conservation program can:

• Contribute to the health and well being of individuals and communities.
• Create jobs and bring economic benefits to communities; provide opportunities for youth.
• Increase the amount of natural habitat, forest lands, wetlands, cultural sites, and recreation lands.
• Provide places for people to hunt, fish and enjoy wildlife.
• Build a system of parks and open space around the changing habits of Ohioans.
• Rebuild existing facilities that are outdated and in need of replacement.

The challenge of providing adequate and healthful outdoor recreation environments for the citizens of Ohio is a challenge confronting all levels of government, the private sector and special interest groups. It is only with the coordinated cooperative efforts of all these interested participants, that maximum benefits of Ohio's recreational land and water resources can be realized.

While Ohio ranks seventh in the nation in population, it only ranks 47th in state and Federal recreation acreage per capita (i.e., state and Federal parks, forests, wildlife lands, and natural areas). This is even more significant when one considers the extensive use existing state recreational facilities annually experience.

For example:

• Ohio's state parks accommodate up to 70 million visitor occasions annually. Recent national surveys show that Ohio's state parks are considered one of the top three state park systems in the nation, ranking third only to New York and California in visitations.
• The economic activity per visitor occasion is estimated to be $7.00 per occasion based upon similar studies conducted by National Park Service, North Carolina University, and Penn State University.
• The Division of Wildlife's most recent survey (1996) indicated that sport fishing had an overall impact on Ohio's economy of $1.88 billion and hunting had an impact of $1.23 billion. Combined, these activities support 39,100 jobs, $74 million in sales taxes, $17 million in state income tax, and $87 million in federal income tax. On Ohio's Wildlife Areas economic analysis found that expenditures per day averaged $28 per person.
• The 1996 Division of Wildlife statewide attitude survey indicated that 85% of the respondents felt that acquiring land was important or very important.
• The increase in outdoor recreation land acquisition and the expansion of recreational opportunities are growing at a slower proportional rate than the population and its demand for leisure activities.
• A large percentage of Ohio's available outdoor recreation acreage is located in the sparsely populated southeastern portion of Ohio.

Authority

When the state legislature created the Ohio Department of Natural Resources, it directed the Department to manage the natural resources of the state for the benefit and enjoyment of its citizenry. As a result, the Ohio Revised Code created several land management divisions within the Department and granted them certain authorities to fulfill their mandated responsibilities. These divisions are empowered to acquire property and to establish and administer these public lands as follows:

Parks

Chapter 1541. mandates that the Chief of the Division of Parks and Recreation shall create, supervise, operate, protect and maintain a system of state parks and promote the use of those parks by the public and authorizes the chief to designate areas of lands and waters which the chief intends to designate as state park purchase areas. The chief is statutorily empowered to control, protect, manage, and maintain all lands and waters dedicated as state parks.

Natural Areas

Chapter 1517. mandates that the Chief of Natural Areas and Preserves shall establish a system of nature preserves and wild, scenic, and recreational river areas. The chief is statutorily directed to establish a system of nature preserves through acquisition and dedication of natural areas of state or national significance which are to include areas which represent characteristic examples of Ohio's natural landscape types and its natural vegetation and geologic history. In conjunction with the director, the chief is authorized to supervise, operate, protect and maintain wild, scenic, and recreational river areas which may be administered as part of the comprehensive state plans for water management and outdoor recreation and which possess water conservation, scenic, fish, wildlife, or historic values.

Wildlife

Chapter 1531. authorizes the Chief of the Division of Wildlife to acquire lands and waters for wild animals, fish or game management, preservation, propagation and protection, outdoor and nature activities, public fishing and hunting grounds, and flora and fauna preservation. The chief is statutorily directed to ensure the protection of such lands and waters under the division's control and is empowered to develop special facilities and activities including hunting or fishing on special designated public lands and waters intensively managed or stocked with artificially propagated game birds or fish, field trial facilities, wildlife nature centers, firearm ranges, boat mooring facilities, camping sites and other similar special facilities and activities.

In all cases, the use of divisional acquisition authorities is subject to the approval of the Director of Natural Resources. Park and forest purchase areas are also subject to approval by ODNR's Recreation and Resources Commission. The Division of Natural Areas and Preserves needs the review and recommendations of the Ohio Natural Areas Council on acquisition plans as governed by the Revised Code.

In addition to approval powers, Section 1501.01 of the Ohio Revised Code, grants the Director the authority to "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 Division of Real Estate and Land Management is authorized by law to coordinate all land acquisition for the Department of Natural Resources and works closely with the land holding divisions in determining and resolving sensitive issues.

Division Guidelines

Common Land Acquisition Guidelines

There are several general land acquisition guidelines that are common to each of the division's individual mandates and responsibilities. These include:

• Land that improves operational efficiency:
  • Land surrounded by department owned land
  • Land which provides access to existing department owned land
  • Land which resolves boundary conflicts
  • Land within existing approved purchase units
• Acquisition of unique natural features.
• Acquisition, protection, and/or restoration of high quality wetlands and other wildlife habitat.
• Land which meets a need identified by the public (e.g. access to Lake Erie and the Ohio River).
• Acquisition of opportune purchases where sale or donation of land was not anticipated in current plans but does fulfill planned future purchases or provides a great opportunity for a new or existing division program.
• Purchase of property from willing sellers only (all eminent domain purchases to be approved by the Governor).
• Use of less than fee simple acquisition methods where applicable, including the use of land donations or bargain sales which meet program objectives.
• Communication with local neighbors, community leaders, and local elected officials before moving ahead with a purchase.
• The Department will inform the Governor's Regional Representative of any single purchase of land 100 acres or larger.
• The Department will carefully evaluate acquisitions that negatively impact designated prime farmland.

The Division of Forestry's land acquisition guidelines include:

• Land surrounded by state-owned forest land.
• Land that provides access to existing state forest land.
• Land which improves the management of existing forest lands.
• Land within an approved state forest purchase unit.
• Land contiguous to state-owned forest land which meets a need identified by the public.
• Land which serves the following public purposes:

• Timber management
• Wildlife
• Watershed protection
• Recreation and aesthetics

The Division of Parks and Recreation's land acquisition guidelines include:

• Land surrounded by state-owned land.
• Land that provides access to existing state park land.
• Land which, under private ownership, is a threat to the enjoyment of or integrity of an existing state park area.
• Land which improves the management of existing state park areas.
• Land within an approved park purchase unit.
• Land contiguous to state-owned park land which:
  • Meets a need identified by the public
  • Improves recreational access to Lake Erie
  • Contains unique natural resources that should be preserved and protected
  • Is necessary for perceived or planned future development

The Division of Wildlife's land acquisition guidelines include:

• Land surrounded by state-owned wildlife land.
• Land that provides access to existing state wildlife land.
• Land which improves the management of existing wildlife areas.
• Land within an approved state wildlife area purchase unit.
• Land contiguous to state-owned wildlife land which meets a need identified by the public.
• Land which provides:
  • Unique habitats upon which wildlife, including endangered species, depend.
  • Public areas for wildlife recreation purposes, including hunting and fishing.
  • Sites for educational or wildlife viewing opportunities.
  • Wildlife habitat in areas where it is lacking.
• Bargain sale purchases or gifts of lands which have been previously disturbed and damaged by commercial use such as strip mining or quarrying and can easily be converted to wildlife habitat.
• Land which, under private ownership, is a threat to the enjoyment of or integrity of an existing wildlife area.

The Division of Natural Areas and Preserve's land acquisition guidelines include:

• Land which protects the best remaining natural areas based on the Division of Natural Areas's Heritage Data Base and perceived vulnerability. The Division will focus its efforts on the top 25 sites identified, over the next four years.
• Land crucial to protecting the habitat and water quality of Ohio's ten designated scenic rivers.
• In-holdings and adjacent land necessary for the management and protection of a designated state nature preserve.
• Lands which serve the following public purposes:
  • Education/Research
  • Recreation

Funding Sources

The following are the primary funding sources that may be used for land acquisition by the Ohio Department of Natural Resources:

• Wildlife Fund (Fund 015) can be used for Wildlife lands only. These monies come from hunting, trapping, and fishing license fees.
• NatureWorks Fund (Fund 031) can be used for Parks, Forestry, Natural Areas and Wildlife land.
• Parks and Recreation Improvement Fund (Fund 035) can be used for Park lands only.
• Natural Areas Tax Check Off Program can be used for Natural Areas lands only.
• Wildlife Diversity and Endangered Species Fund (Wildlife Tax Check Off Fund 817) can be used for Wildlife land only.
• Wetlands Habitat Stamp Fund (Fund 816) can be used for wetland acquisition for the Division of Wildlife only.
• Wildlife Education Fund (Fund 81-A) can be used for Wildlife land only.
• Wildlife Habitat Fund (Fund 81-B) can be used for Wildlife land only.
• Ohio River Management Fund (Fund 819) can be used for acquisition of land along the Ohio River for the Division of Wildlife only.
• Pittman/Robertson & Dingle/Johnson Funds from the U.S. Fish and Wildlife Service can be used for Wildlife land only.
• Federal Land and Water Conservation Fund can be used for public outdoor recreation lands only.
• Donations and land exchanges can be used to acquire land by ODNR as specified by agreement.
• Scenic River License Fund can be used for scenic rivers lands only.
• General Revenue Fund (Fund 011) can be used for acquisition of any ODNR lands.

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