Lake Erie Coastal Land Management
Draft OAC Rules 1501-6-01 to 1501-6-40
In an effort to update and clarify policies regarding development along Ohio’s Lake Erie coast, in 2007 the Ohio Department of Natural Resources began drafting revisions to portions of and drafting new Ohio Administrative Code (OAC) rules for Section 1501-6.
Objectives for new rules:
- Adapt the OAC rules for submerged lands leases and submerged lands permits (OAC 1501-6-01 through 1501-6-09) to reflect Governor Strickland's policy and applicable court rulings.
- Develop OAC rules for coastal structure permits (1501-6-31 to 1501-6-39) to provide clarification and guidance for Ohio Revised Code Section 1506.40.
The revised draft rules take into consideration the policy statement issued by Governor Ted Strickland on July 13, 2007, 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.
In September 2008, the revised draft rules were presented during three public meetings:
These meetings are included in a TIMELINE, with the most recent activities listed first, to show the step-by-step rule-development process. This process has included numerous meetings and various draft OAC rule iterations- all open and available to the public.
As of January 1, 2011, the ODNR is administering the Submerged Lands Lease program in accordance with the Governor's July 13, 2007, policy as we await clarification by the courts on a number of issues. At that time, ODNR plans on continuing the rule development process.
Key Points of Draft Rules:
Submerged Land Leases/ Submerged Land Permits
- Revises or creates definitions for various terms including fill, boathouse, floating home, littoral rights, littoral zone and submerged lands permit.
- Requires a completeness review by ODNR and notification of missing information within 15 days after receipt of an application.
- Requires a decision on a permit within 120 days after receiving a complete application, unless an extension is requested by the applicant.
- Requires notification of adjoining property owners by certified mail of application for a lease/permit and requires listing each application on the internet; provides a 30-day comment period. (1501-6-04).
- Requires each application be accompanied by a non-refundable $50 filing fee.
- Provides distinction between a Submerged Lands Permit authorization and a Submerged Lands Lease and clarifies what needs to be included with each application.
- Provides certain grandfathering of information to be submitted with an application for structures or fills placed prior to March 15, 1989.
- Provides clarification to the “water dependency” review criteria.
- Provides clarification on public recreation and eliminates requirements for public access on private structures or fills (1501-6-03).
- Eliminates the requirement for lease/permit holders to obtain liability insurance (1501-6-05).
- Establishes a two-year period for current Submerged Lands Leaseholders to submit written requests to replace existing leases with permits and/or modify existing leases to exclude areas determined to be outside of the territory of Lake Erie. Upon replacement/modification, establishes a refund option for rental amounts collected since July 2007 on areas determined to be outside of territory of Lake Erie (1501-6-05).
- Defines a decision appeal process, with hearings held in the county where the project is located (1501-6-07).
- Establishes penalties for noncompliance with OAC 1501-6, and a process for returning structures to compliance without penalties being assessed. (1501-6-08).
Coastal Structure Permits
- Defines when a coastal structure permit is required, application requirements and processing procedures.
- Requires a review by ODNR for completeness and notification of missing information within 15 days after receipt of an application.
- Requires a decision on a permit within 120 days after receiving a complete application, unless an extension is requested by the applicant.
- Establishes a $50 filing fee for each coastal structure permit application (1501-6-33).
- Requires notification of adjoining property owners by certified mail of application for a permit and requires listing each application on the internet; provides a 30-day comment period (1501-6-34).
- Formalizes application review criteria (1501-6-34).
- Provides a clear process for temporary permits to be issued in emergency situations.
- Defines permit compliance and prohibitions, including prohibiting construction of coastal structures prior to the issuance of a permit.
- Prohibits placement or dumping of fill or debris without a coastal structure permit along or near the shore for the purpose of controlling erosion, wave action or inundation (1501-6-36).
- Establishes inspection and compliance criteria.
- Establishes procedures for gaining compliance and penalties for noncompliance.
- Establishes an appeal process for coastal structure permit decisions (1501-6-37).
Links
- July 13, 2007 – Governor Ted Strickland's Policy Announcement (must scroll down on page)
- December 10, 2007 – State ex rel. Merrill v. State of Ohio, ODNR (Ruling in Lake County Common Pleas Court (Case No. 04CV001080)
- August 24, 2009 - State ex rel Merrill v. State of Ohio ruling issued by the 11th District Appellate Court in Lake County Ohio (Case No. 2008-L-007)
- October 7, 2009 - The case of State ex rel Merrill v. State of Ohio is appealed to the Ohio Supreme Court by the Ohio Attorney General's Office and the ODNR. Since the first joint notice of appeal was filed, more than 35 entries have been filed with the Ohio Supreme Court pertaining to this case. As of February 2, 2010, all filings can be downloaded from the Ohio Supreme Court Webpage for this case No. 2009-09-1806.
Comments on the Draft OAC Rules released 08/11/2008 can be submitted to the ODNR Office of Coastal Management at coastal@dnr.state.oh.us or send them to 105 West Shoreline Drive, Sandusky OH 44870. |