STATE RESERVOIR LANDS REAL ESTATE POLICY AND FEES

Definitions:

Reservoir Lands - those lands which are the property of the State and includes any part of the bed, berm, bank or slope of any State Reservoir Lands.

State Reservoir Lakes - Buckeye Lake, Indian Lake, Lake St. Mary's, Portage Lakes, Lake Loramie and Guilford Lake.

County Market Value - the appraised value of the property adjacent to the State Reservoir Lands used by the individual counties for tax purposes adjusted for time and also for an assemblage factor/stand alone values, utilizing a valuation factor as provided by the County Auditor's Office.

An Easement is the right of use over the property of another. An easement is an interest inland in and over which it is to be enjoyed, and is distinguishable from a ÏlicenseÓ which merely confers personal property or permission to some act on the land.

A Lease is an agreement under which a property owner gives up possession and use of the property for valuable consideration and for definite term. At the end of the term, the owner has absolute right to retake, control and the property.

A License is a personal or revocable privilege to perform an act or series of acts on the land of another.

Public Use or Public Purposes is a use that would be for the convenience, safety or welfare of the entire community or the public in general and not the welfare of a specific individual or class of persons.

A Transfer is any movement of property rights, which could entail all or part of the rights of the grantor to the grantee.

The Criteria:

The following historical, economic development, environmental, recreational and general consideration criteria shall serve as guidelines to administer conveyance practices with the intent of carrying out the mission of the excess lands around the State Reservoir Lands.

Historical

Ohio began construction of its canal system including the State Reservoir Lands in 1825 and had been essentially completed by 1845. Today, remnants of excess lands around each of the State Reservoir Lands can be found through out the state. The size of the excess lands varies widely between each of the State Reservoir Lands.

• Will the proposed action remove protection of significant historical canal and reservoir features and potentially become detrimental to the preservation of Ohio's canal and reservoir history?

Economic Development Criteria

1. Regional/Local Planning:

• Will proposed action conflict with the established regional and or community planning activities? Planning activities include but are not limited to comprehensive plans, master plans, and zoning regulations.

2. Site Conditions:

• Will the proposed action be consistent with the existing site conditions of the area including the natural resources base and existing or proposed infrastructure?

3. Local Capability and Support:

• Does the local entity support and have the capability to oversee and or manage the proposed economic development activity?

Environmental Criteria

State Reservoir lands may provide valuable environmental functions. They may have wetlands, forests, riparian lands, floodplains, wet meadows and prairies. These features can provide habitat for rare, threatened and endangered species. They can provide significant habitat that is indicative of the historic Ohio landscape but have become regionally scarce. Also, these features can protect water quality, recharge ground water resources, enhance water supply, increase drainage, and reduce pollution from storm water run-off. These features offer protection to Ohio's high quality streams and restoration potential to streams that do not meet aquatic standards. Where these features exist on State Reservoir lands, they should be preserved for quality of life, habitat preservation, water supply safeguard, storm water alleviation, and water quality enhancement. Where possible these features should be held in perpetuity.

1. Wetlands

• Do wetlands exist on the site? Does the proposal preserve the values and function of the wetlands?
• Do these State Reservoir lands buffer adjacent wetlands?Does the proposal maintain the buffer values?

2. Habitat

• Do these State Reservoir lands contain any state or federally listed threatened or endangered species?
• Do these lands have the potential to provide significant critical habitat for introduced threatened or endangered species?
• Do they represent significant habitats, like prairies and wet meadows?
• Do these lands provide habitat in regions where wildlife habitat is limited, like in urban areas or densely populated suburban areas?
• Does the proposal preserve the habitat values of the lands?

3. Water Quality

• Do these State Reservoir lands play a role in recharging ground water aquifers?
• Are the State Reservoir lands within the riparian corridor of a stream?
• Do the State Reservoir lands have streamside forests?
• Do the State Reservoir lands impact streams that are designated as:
  • Exceptional warm water habitat by Ohio EPA?
  • Cold water habitat by Ohio EPA?
  • State or Federal scenic or wild-river or exceptional recreation designations?
• Does the proposal preserve the water quality elements and functions listed above?

4. Industrial, Commercial and Agricultural Water Supply

• Do these State Reservoir lands play a meaningful role in protecting or contributing to a water supply for residential wells, municipal drinking water, industrial water supply or agricultural supply?
• Does the State Reservoir land provide a supply of water for watered canal sections, water for lease/purchase by industrial or municipal customers?
• Does the proposal protect the water supply functions of the lands?

5. Floodplains

• Are these State Reservoir lands considered to be floodplain?
• Does the proposal protect the values and functions of existing or potential floodplains?

6. Storm water

• Do these State Reservoir lands perform a meaningful drainage function relating to surface water run-off, emergency storage or flow for high water events?
• Do these State Reservoir lands provide drainage for roads or highways?
• Do these lands provide agricultural drainage use?
• Does the proposal protect the existing and potential storm water values of the site?

Recreational Criteria

State-owned canal lands (about 20% of the original property) were transferred to ODNR from the Ohio Department of Administrative Services in 1989. The State Reservoir Lakes were a part of the canal lands. Using historic canals for hiking, canoeing, fishing and other forms of outdoor recreation can present a number of challenges. Long, intact sections are somewhat limited, and many other segments are fragmented. Making connections can be difficult. Also problematic is finding viable public agencies or trail groups to develop and/or manage the remnants. Numerous encroachments and political realities also threaten the integrity of the excess Reservoir Lake lands.

When opportunities exist to provide viable recreation opportunities, these historic resources should be preserved by ODNR in partnership with other government agencies and trail groups.

1. Connectivity/Linkages

• Will proposed action conflict with existing, proposed or potential trails as identified in statewide, regional, county or local plans?
• Will proposed action adversely impact water access points to existing, proposed or potential water trails?
• Will proposed action divest the state of a stand-alone recreational resource?

2. Recreation Opportunities

• Will proposed action eliminate significant recreational possibilities/activities including the promotion of health benefits?
• Will proposed action eliminate benefits of diverse recreation possibilities?
• Will proposed action adversely impact scenic values at the site and nearby?
• Will proposed action adversely impact site accessibility for public recreation activities/development?

3. Local Recreation Support

• Is a local agency/partner capable to operate or manage the subject Reservoir Lake lands?
• Is there local support for the recreational project?
• Is there organized opposition to the recreation project?

General Considerations

The purpose of these criteria is to give fair consideration to every request while maintaining the mission of ODNR. As such, in addition to the above listed specific criteria, it is important to also include the following general criteria when evaluating a request.

A. Public and/or attractive nuisance:

• Does the property present a public and/or attractive nuisance?
• Can the nuisance be defined and documented?
• Is there a viable plan to address the nuisance?

B. Encroachment(s) including delinquent leases:

• Does the encroachment impact the conveyance?
• Is there a viable plan to address the encroachment(s)?

1. State Reservoir Lands Real Estate Policy and Fees

1. Renewal Licenses
   1. As the current long term licenses approach expiration and renewal of said licenses are requested on State Reservoir Lands the license may be renewed for an additional twenty-five (25) year period if they do not conflict with existing guidelines or interfere with the need for public use. The cost of said license shall be a minimum of $1,000.00 with a $200.00 writing fee ($1,200.00), or 85% of the county market value whichever is greater. ODNR reserves the right to appraise if deemed necessary.
   2. The Chief of the Division of Parks and Recreation shall have the right to waive all or part of the fees as determined as mutual benefit.
2. New Licenses
   1. The cost of a twenty-five (25) year license on property not having historical value, economic development, environmental impact or recreational value, or as needed for public use or public purposes shall be three (3) time the County market value or a minimum of $2,500.00 with a $200.00 writing fee ($2,700.00), whichever is greater. ODNR reserves the right to appraise if deemed necessary.
   2. The Chief of the Division of Parks and Recreation shall have the right to waive all or part of the fees as determined as mutual benefit.
   3. All licenses shall be presented by the Chief of the Division of Parks and Recreation and the Chief of the Division of Real Estate and Land Management for the Director's approval pursuant to Section 1501.01 of the Ohio Revised Code.
3. Leases
   1. The rental rate of the lease shall be a minimum of $150.00 for private residential use and $250.00 minimum for commercial business use, with a $200.00 writing fee ($350.00 for private or $450.00 for commercial) or 10% of the county market value annually, whichever is greater. ODNR reserves the right to appraise if deemed necessary.
   2. The $150.00 and $250.00 minimum annual rent plus a $200.00 writing fee shall be charged for new leases and as the expired leases are renewed.
   3. All leases shall be presented by the Chief of the Division of Parks and Recreation and the Chief of the Division of Real Estate and Land Management for the Director's approval pursuant to Section 1501.01 of the Ohio Revised Code.
4. Sales
   1. All sales shall be presented by the Chief of the Division of Parks and Recreation and the Chief of the Division of Real Estate and Land Management for the Director's approval pursuant to Section 1501.01 of the Ohio Revised Code. Sale actions shall consider the criteria set forth in this document for historical, economic development, environmental impact, recreational and general consideration.
   2. The sale price will be based on the county market value or a minimum of $500.00 with a $200.00 writing fee ($700.00) whichever is greater. ODNR reserves the right to appraise if deemed necessary. With the approval of the Director, ODNR may negotiate the land sale price with a potential purchaser using the county market value and/or appraisal as the basis of the negotiations.
5. Permanent Easements
   1. All permanent easements shall be presented by the Chief of the Division of Parks and Recreation and the Chief of Real Estate and Land Management for the Director's approval.
   2. The cost of a permanent easement shall be a minimum of $1,000.00 with a $200.00 writing fee ($1,200.00), or 85% of the county market value which ever is greater. ODNR reserves the right to appraise if deemed necessary.
   3. The Chief of the Division of Parks and Recreation shall have the right to waive all or part of the fees as determined as mutual benefit.

2. Effective Date of Provisions and Charges

1. The State Reservoir Lands provisions and charges herein described shall be effective as of August 1, 2005.
2. All actions currently in process and being worked on by the Division of Parks and Recreation and /or Division of Real Estate and Land Management shall be completed under the existing procedures and that all new requests received after the effective date will be processed under the new policy.
3. Funds received from licenses, leases, sales and easements shall be distributed in the following manner, Division of Real Estate and Land Management retains the writing fee and the balance of funds shall be distributed to the Division of Parks and Recreation.

3. Director's Authority

In all cases, exceptions to the State Reservoir Lands policy may be granted by the Director.

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