THE PROCESS:
Downloadable minutes are listed after each meeting date. Minutes include comments (written and oral) submitted by the public during the meeting. Written comments submitted at other times are found at the bottom of this section, listed by date.
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Sat. Sept. 29, 2007
Draft rules were presented to a subcommittee of the Ohio Coastal Management Program's Coastal Resources Advisory Council for consideration and review.
Original Draft Rules (PDF)
September 29 Meeting Minutes (PDF) |
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Tues. Oct. 9, 2007 (1:30 pm)
Cleveland Lakefront State Park Office
Draft rules were discussed at the Coastal Resources Advisory Council subcommittee meeting which was open to the public.
October 9 meeting minutes - Part 1(PDF) October 9 meeting minutes - Part 2 (PDF) |
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Fri. Oct. 19, 2007 (1:30 pm)
Cleveland Lakefront State Park Office
Revised draft rules from the Oct. 9, meeting were discussed at the Coastal Resources Advisory Council subcommittee meeting. The meeting was open to the public.
October 19 meeting minutes - Part 1(PDF) October 19 meeting minutes - Part 2 (PDF)October 19 meeting minutes - Part 3 (PDF) October 19 meeting minutes - Part 4 (PDF) |
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Thurs. Oct. 25, 2007 (1:30 pm)
Cleveland Lakefront State Park Office
Revised draft rules from the Oct. 19, meeting were discussed at the Coastal Resources Advisory Council subcommittee meeting. The meeting was open to the public.
October 25 meeting minutes - Part 1 (PDF) October 25 meeting minutes - Part 2 (PDF)October 25 meeting minutes - Part 3 (PDF) October 25 meeting minutes - Part 4 (PDF) |
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Thurs. Nov. 8, 2007 (10 am) Ashtabula Marine Museum
Draft rules and comments from the subcommittee meetings were presented to the full Coastal Resources Advisory Council.
Nov. 8, 2007 OAC Handout(PDF)
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If the full Council approves the proposed rules, ODNR will continue with soliciting public comments on the rules as approved by the Coastal Resources Advisory Council. Nov. 8, 2007 Council Meeting Minutes
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After receiving and considering public comments, the rules will be presented to Ohio's Joint Committee on Agency Rule Review.
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ODNR hopes to have the final rules in place in early 2008. We are working to ensure that the final rules package respects the rights of all shoreline property owners while protecting Ohio’s valuable Lake Erie resources.
Additional written comments submitted to the ODNR regarding the draft O.A.C. rules are as follows:
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If you have questions or comments about the rules 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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Lake Erie Coastal Land Management Policy
On July 13, 2007, Governor Ted Strickland announced policy changes regarding Submerged Land Leases within the state of Ohio.
Since that time the Ohio Department of Natural Resources has been working to draft Ohio Administrative Code ("OAC") rules that will support the governor’s policy.
Key Points of Changes To Ohio’s Coastal Land Management Policy
- Submerged Lands Leases will no longer be required within the limits described in a deed.
- Deeds are presumed to be valid unless declared otherwise invalid by a court.
- Permits will be used to manage the Lake Erie resource within the areas described in a deed.
Governor's Coastal Land Management Policy:
The Governor and ODNR recognize that they must develop the new (proposed) rules so that they are consistent with the department's historic duty to manage coastal lands. In that regard, ODNR has begun the planning and rule-creation process necessary to implement the following new regulatory policies:
- Property owners who wish to build structures along the shores of Lake Erie that could or would impact coastal lands will no longer be required to obtain leases for the lands within their deeds which are beneath such structures, but will be obligated to obtain appropriate permits from ODNR’s Office of Coastal Management before commencing any such construction.
Much like local zoning laws which require homeowners to obtain permits from local officials before building a fence or garage on their own property, this requirement, utilizing the State’s existing coastal management authority under Ohio law and the Ohio Administrative Code, will assure that coastal land management interests are not compromised by the construction of unauthorized break walls, docks or other structures.
- Consistent with the Governor’s view that deeds should be honored unless they are found to be limited and/or unenforceable by a court of law, ODNR has determined that it is inappropriate to require deed holders to lease land that they maintain that they own.
Still, because some land owners would prefer to voluntarily obtain a lease for the property on which they intend to build permitted structures, ODNR will continue to make leases voluntarily available. This will accommodate those landowners wishing to hold an unchallenged, leasehold property interest in the lands beneath their permitted structures.
Objectives for (New) Coastal Management Rules:
- Adjust the OAC rules for submerged lands leases (OAC 1501-6-01 through 1501-6-06) to reflect the governor’s policy that submerged land leases will not be required within the limits described in a deed.
- Allow ODNR to issue permits (instead of requiring a lease) for projects located in the limits described in a deed.
Overview of Draft Coastal Management Rules:
- Require a review for completeness and notification of deficiencies in an application within 15 days after receipt of an application.
- Require a decision on a permit within 120 days after receiving a complete application.
- Require notification of adjoining property owners about the receipt of an application, and provide a 30-day comment period.
- Provide clear information on what is required in an application.
- Provide a clear review process for temporary permits to be issued in emergency situations.
- Provide exemptions from the engineering (but not permitting) requirement for certain situations.
- Require a $500 non-refundable filing fee for a permit application.
- Establish procedures where applications that remain incomplete or inaccurate will be denied after 120 days.
- Allow for a coordinated review process with other state and federal agencies.
- Ensure that all natural resource protection criteria and local planning oversight of projects remains in place for permits (and leases).
- Establish fair procedures for notification on non-compliant activities, allowing for entities to obtain compliance prior to fines being sought.
Draft Rules:
Links:
Submit your comments to the ODNR Office of Coastal Management at
coastal@dnr.state.oh.us or send them to 105 West Shoreline Drive, Sandusky OH 44870.
Page last updated 03/31/2008 |