130th Ohio General Assembly
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Am. Sub. H. B. No. 218As Passed by the House
As Passed by the House

125th General Assembly
Regular Session
2003-2004
Am. Sub. H. B. No. 218


REPRESENTATIVES Grendell, Martin, Young, Callender, Kilbane, Redfern, Jerse, Hollister, Setzer, Buehrer, Carmichael, Cates, Collier, Daniels, DeBose, Distel, Fessler, Flowers, Gibbs, Gilb, Hartnett, Husted, Jolivette, Kearns, Key, Koziura, Latta, Olman, T. Patton, Schaffer, Schmidt, Schneider, Seitz, Sferra, Trakas, Walcher, Willamowski



A BILL
To amend sections 149.56, 317.08, 721.11, 1501.01, 1504.02, 1506.01, 1506.02, 1506.06, 1506.08, 1506.10 to 1506.12, 1506.30, 1506.34, 1506.35, 1521.01, 1521.20, 1521.21, 1521.22, 1521.23, 1521.24, 1521.25, 1521.26, 1521.27, 1521.28, 1521.29, 1521.99, and 6121.04; to amend, for the purpose of adopting new section numbers as indicated in parentheses, sections 1521.20 (1506.38), 1521.21 (1506.39), 1521.22 (1506.40), 1521.23 (1506.41), 1521.24 (1506.42), 1521.25 (1506.43), 1521.26 (1506.44), 1521.27 (1506.45), 1521.28 (1506.46), 1521.29 (1506.47), and 1521.30 (1506.48); to enact section 1506.49; and to repeal section 1506.37 of the Revised Code to revise the law governing coastal management and the control of erosion along Lake Erie.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 149.56, 317.08, 721.11, 1501.01, 1504.02, 1506.01, 1506.02, 1506.06, 1506.08, 1506.10, 1506.11, 1506.12, 1506.30, 1506.34, 1506.35, 1521.01, 1521.20, 1521.21, 1521.22, 1521.23, 1521.24, 1521.25, 1521.26, 1521.27, 1521.28, 1521.29, 1521.99, and 6121.04 be amended, sections 1521.20 (1506.38), 1521.21 (1506.39), 1521.22 (1506.40), 1521.23 (1506.41), 1521.24 (1506.42), 1521.25 (1506.43), 1521.26 (1506.44), 1521.27 (1506.45), 1521.28 (1506.46), 1521.29 (1506.47), and 1521.30 (1506.48) be amended for the purpose of adopting new section numbers as indicated in parentheses, and section 1506.49 of the Revised Code be enacted to read as follows:
Sec. 149.56.  (A) As used in this section, "abandoned property" has the same meaning as in section 1506.30 of the Revised Code.
(B) The Ohio historical society shall establish a program to locate, identify, and evaluate abandoned property and other resources in Lake Erie. The society, in accordance with the authority granted under section 149.30 of the Revised Code, may list any abandoned property it finds to have historical significance on its Ohio archaeological inventory or Ohio historical inventory as the director of the society considers appropriate. In determining whether an item has historical significance, the director shall follow the criteria of the national register of historic places established in 36 C.F.R. 60. The director shall notify the director of natural resources of any abandoned property found to have historical significance. The society may use the services of volunteers to locate, identify, and evaluate abandoned property in Lake Erie. The director shall approve any volunteer programs and may recruit, train, and supervise the services of volunteers.
(C) The moneys credited to the Ohio historical society under division (C) of section 1506.35 of the Revised Code and any appropriations, contributions, gifts, and federal grants made to the Ohio historical society for the purposes of this section and the applicable provisions of sections 1506.30 to 1506.37 1506.36 of the Revised Code shall be placed in a separate fund within the accounts of the Ohio historical society, together with moneys credited to that fund under divisions (D)(2) and (3) of section 1506.33 of the Revised Code, to be used solely to implement and administer this section and the duties assigned the society under sections 1506.30 to 1506.37 1506.36 of the Revised Code.
Sec. 317.08.  Except as provided in division (F) of this section, the county recorder shall keep six separate sets of records as follows:
(A) A record of deeds, in which shall be recorded all deeds and other instruments of writing for the absolute and unconditional sale or conveyance of lands, tenements, and hereditaments; all notices as provided for in sections 5301.47 to 5301.56 of the Revised Code; all judgments or decrees in actions brought under section 5303.01 of the Revised Code; all declarations and bylaws as provided for in Chapter 5311. of the Revised Code; affidavits as provided for in section 5301.252 of the Revised Code; all certificates as provided for in section 5311.17 of the Revised Code; all articles dedicating archaeological preserves accepted by the director of the Ohio historical society under section 149.52 of the Revised Code; all articles dedicating nature preserves accepted by the director of natural resources under section 1517.05 of the Revised Code; all agreements for the registration of lands as archaeological or historic landmarks under section 149.51 or 149.55 of the Revised Code; all conveyances of conservation easements and agricultural easements under section 5301.68 of the Revised Code; all instruments extinguishing agricultural easements under section 901.21 or 5301.691 of the Revised Code or pursuant to terms of such an easement granted to a charitable organization under section 5301.68 of the Revised Code; all instruments or orders described in division (B)(1)(c)(ii) of section 5301.56 of the Revised Code; all no further action letters issued under section 122.654 or 3746.11 of the Revised Code; all covenants not to sue issued under section 3746.12 of the Revised Code, including all covenants not to sue issued pursuant to section 122.654 of the Revised Code; any restrictions on the use of property contained in a no further action letter issued under section 122.654 of the Revised Code, any restrictions on the use of property identified pursuant to division (C)(3) of section 3746.10 of the Revised Code, and any restrictions on the use of property contained in a deed or other instrument as provided in division (E) of section 3737.882 of the Revised Code; all memoranda of trust, as described in division (A) of section 5301.255 of the Revised Code, that describe specific real property; and all agreements entered into under division (A) of section 1521.26 1506.44 of the Revised Code;
(B) A record of mortgages, in which shall be recorded all of the following:
(1) All mortgages, including amendments, supplements, modifications, and extensions of mortgages, or other instruments of writing by which lands, tenements, or hereditaments are or may be mortgaged or otherwise conditionally sold, conveyed, affected, or encumbered;
(2) All executory installment contracts for the sale of land executed after September 29, 1961, that by their terms are not required to be fully performed by one or more of the parties to them within one year of the date of the contracts;
(3) All options to purchase real estate, including supplements, modifications, and amendments of the options, but no option of that nature shall be recorded if it does not state a specific day and year of expiration of its validity;
(4) Any tax certificate sold under section 5721.33 of the Revised Code, or memorandum thereof, that is presented for filing of record.
(C) A record of powers of attorney, including all memoranda of trust, as described in division (A) of section 5301.255 of the Revised Code, that do not describe specific real property;
(D) A record of plats, in which shall be recorded all plats and maps of town lots, of the subdivision of town lots, and of other divisions or surveys of lands, any center line survey of a highway located within the county, the plat of which shall be furnished by the director of transportation or county engineer, and all drawings as provided for in Chapter 5311. of the Revised Code;
(E) A record of leases, in which shall be recorded all leases, memoranda of leases, and supplements, modifications, and amendments of leases and memoranda of leases;
(F) A record of declarations executed pursuant to section 2133.02 of the Revised Code and durable powers of attorney for health care executed pursuant to section 1337.12 of the Revised Code.
All instruments or memoranda of instruments entitled to record shall be recorded in the proper record in the order in which they are presented for record. The recorder may index, keep, and record in one volume unemployment compensation liens, internal revenue tax liens and other liens in favor of the United States as described in division (A) of section 317.09 of the Revised Code, personal tax liens, mechanic's liens, agricultural product liens, notices of liens, certificates of satisfaction or partial release of estate tax liens, discharges of recognizances, excise and franchise tax liens on corporations, broker's liens, and liens provided for in sections 1513.33, 1513.37, 3752.13, 5111.021, and 5311.18 of the Revised Code.
The recording of an option to purchase real estate, including any supplement, modification, and amendment of the option, under this section shall serve as notice to any purchaser of an interest in the real estate covered by the option only during the period of the validity of the option as stated in the option.
(G) In lieu of keeping the six separate sets of records required in divisions (A) to (F) of this section and the records required in division (H) of this section, a county recorder may record all the instruments required to be recorded by this section in two separate sets of record books. One set shall be called the "official records" and shall contain the instruments listed in divisions (A), (B), (C), (E), (F), and (H) of this section. The second set of records shall contain the instruments listed in division (D) of this section.
(H) Except as provided in division (G) of this section, the county recorder shall keep a separate set of records containing all corrupt activity lien notices filed with the recorder pursuant to section 2923.36 of the Revised Code and a separate set of records containing all medicaid fraud lien notices filed with the recorder pursuant to section 2933.75 of the Revised Code.
Sec. 721.11.  Any municipal corporation having jurisdiction over any part of the territory mentioned in section 721.04 of the Revised Code, whether in front of privately owned upland or otherwise, as provided in that section, may, in aid of navigation and water commerce, adopt plans for the development of that waterfront, construct bulkheads at such locations as it approves between the shoreline and the harbor line as fixed by the United States government, make fills with earth or other suitable materials out to those bulkheads, and construct public highways on the filled portions.
Leases made pursuant to section 1506.11 of the Revised Code and permits issued under that section are subject to the right of the municipal corporation to maintain a highway, a marginal railroad, and other agreed reasonable means of access to the waters of Lake Erie in conformity with the waterfront plan of that municipal corporation, in aid of navigation and water commerce, provided that an adequate means of access to those waters shall be provided to the lessees and permittees.
The municipal corporation may assess, in any one of the three methods authorized by section 727.01 of the Revised Code, against the littoral land and other specially benefited property, such part or all of the cost of constructing the bulkheads, filling, highway, and other improvements, in aid of navigation and water commerce, as is agreed upon by the owners of the littoral lands and the legislative authority of the municipal corporation. The municipal corporation may issue bonds in anticipation of the collection of the assessments and use the proceeds thereof in paying the cost of constructing the improvements of the waterfront.
Sec. 1501.01.  Except where otherwise expressly provided, the director of natural resources shall formulate and institute all the policies and programs of the department of natural resources. The chief of any division of the department shall not enter into any contract, agreement, or understanding unless it is approved by the director. No appointee or employee of the director, other than the assistant director, may bind the director in a contract except when given general or special authority to do so by the director.
The director shall correlate and coordinate the work and activities of the divisions in the department to eliminate unnecessary duplications of effort and overlapping of functions. The chiefs of the various divisions of the department shall meet with the director at least once each month at a time and place designated by the director.
The director may create advisory boards to any of those divisions in conformity with section 121.13 of the Revised Code.
The director may accept and expend gifts, devises, and bequests of money, lands, and other properties on behalf of the department or any division thereof under the terms set forth in section 9.20 of the Revised Code. Any political subdivision of this state may make contributions to the department for the use of the department or any division therein according to the terms of the contribution.
In administering the provisions governing the coastal management program that are established in sections 1506.01 to 1506.03 and 1506.05 to 1506.09 of the Revised Code, the director may consult with and provide coordination among state agencies, political subdivisions, the United States and its agencies, and interstate, regional, and areawide agencies.
The director may publish and sell or otherwise distribute data, reports, and information.
The director shall adopt rules in accordance with Chapter 119. of the Revised Code to permit the department to accept by means of a credit card the payment of fees, charges, and rentals at those facilities described in section 1501.07 of the Revised Code that are operated by the department, for any data, reports, or information sold by the department, and for any other goods or services provided by the department.
Whenever authorized by the governor to do so, the director may appropriate property for the uses and purposes authorized to be performed by the department and on behalf of any division within the department. This authority shall be exercised in the manner provided in sections 163.01 to 163.22 of the Revised Code for the appropriation of property by the director of administrative services. This authority to appropriate property is in addition to the authority provided by law for the appropriation of property by divisions of the department. The director of natural resources also may 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 director, with the approval of the governor and the attorney general, may sell, lease, or exchange portions of lands or property, real or personal, of any division of the department or grant easements or licenses for the use thereof, or enter into agreements for the sale of water from lands and waters under the administration or care of the department or any of its divisions, when the sale, lease, exchange, easement, agreement, or license for use is advantageous to the state, provided that such approval is not required for leases and contracts made under section 1501.07, 1501.09, or 1520.03 or Chapter 1523. of the Revised Code. Water may be sold from a reservoir only to the extent that the reservoir was designed to yield a supply of water for a purpose other than recreation or wildlife, and the water sold is in excess of that needed to maintain the reservoir for purposes of recreation or wildlife.
Money received from such sales, leases, easements, exchanges, agreements, or licenses for use, except revenues required to be set aside or paid into depositories or trust funds for the payment of bonds issued under sections 1501.12 to 1501.15 of the Revised Code, and to maintain the required reserves therefor as provided in the orders authorizing the issuance of such bonds or the trust agreements securing such bonds, revenues required to be paid and credited pursuant to the bond proceeding applicable to obligations issued pursuant to section 154.22, and revenues generated under section 1520.05 of the Revised Code, shall be deposited in the state treasury to the credit of the fund of the division of the department having prior jurisdiction over the lands or property. If no such fund exists, the money shall be credited to the general revenue fund. All such money received from lands or properties administered by the division of wildlife shall be credited to the wildlife fund.
The director shall provide for the custody, safekeeping, and deposit of all moneys, checks, and drafts received by the department or its employees prior to paying them to the treasurer of state under section 113.08 of the Revised Code.
The director shall cooperate with the nature conservancy, other nonprofit organizations, and the United States fish and wildlife service in order to secure protection of islands in the Ohio river and the wildlife and wildlife habitat of those islands.
Any instrument by which real property is acquired pursuant to this section shall identify the agency of the state that has the use and benefit of the real property as specified in section 5301.012 of the Revised Code.
Sec. 1504.02.  (A) The division of real estate and land management shall do all of the following:
(1) Except as otherwise provided in the Revised Code, coordinate and conduct all real estate functions for the department of natural resources, including at least acquisitions by purchase, lease, gift, devise, bequest, appropriation, or otherwise; grants through sales, leases, exchanges, easements, and licenses; inventories of land; and other related general management duties;
(2) Assist the department and its divisions by providing department-wide planning, including at least master planning, comprehensive planning, capital improvements planning, and special purpose planning such as trails coordination and planning under section 1519.03 of the Revised Code;
(3) On behalf of the director of natural resources, administer the coastal management program established under sections 1506.01 to 1506.03 and 1506.05 to 1506.09 of the Revised Code and consult with and provide coordination among state agencies, political subdivisions, the United States and agencies of it, and interstate, regional, and areawide agencies to assist the director in executing the director's duties and responsibilities under that program and to assist the department as the lead agency for the development and implementation of the program;
(4) On behalf of the director, administer sections 1506.10 and 1506.11 and sections 1506.31 to 1506.36 of the Revised Code;
(5) Cooperate with the United States and agencies of it and with political subdivisions in administering federal recreation moneys under the "Land and Water Conservation Fund Act of 1965," 78 Stat. 897, 16 U.S.C.A. 4601-8, as amended; prepare and distribute the statewide comprehensive outdoor recreation plan; and administer the state recreational vehicle fund created in section 4519.11 of the Revised Code;
(6)(4)(a) Support the geographic information system needs for the department as requested by the director, which shall include, but not be limited to, all of the following:
(i) Assisting in the training and education of department resource managers, administrators, and other staff in the application and use of geographic information system technology;
(ii) Providing technical support to the department in the design, preparation of data, and use of appropriate geographic information system applications in order to help solve resource related problems and to improve the effectiveness and efficiency of department delivered services;
(iii) Creating, maintaining, and documenting spatial digital data bases for the division and for other divisions as assigned by the director.
(b) Provide information to and otherwise assist government officials, planners, and resource managers in understanding land use planning and resource management;
(c) Provide continuing assistance to local government officials and others in natural resource digital data base development and in applying and utilizing the geographic information system for land use planning, current agricultural use value assessment, development reviews, coastal management, and other resource management activities;
(d) Coordinate and administer the remote sensing needs of the department, including the collection and analysis of aerial photography, satellite data, and other data pertaining to land, water, and other resources of the state;
(e) Prepare and publish maps and digital data relating to the state's land use and land cover over time on a local, regional, and statewide basis;
(f) Locate and distribute hard copy maps, digital data, aerial photography, and other resource data and information to government agencies and the public.
(7)(5) Prepare special studies and execute any other duties, functions, and responsibilities requested by the director.
(B) The division may do any of the following:
(1) Coordinate such environmental matters concerning the department and the state as are necessary to comply with the "National Environmental Policy Act of 1969," 83 Stat. 852, 42 U.S.C.A. 4321, as amended, the "Intergovernmental Cooperation Act of 1968," 82 Stat. 1098, 31 U.S.C.A. 6506, and the "Federal Water Pollution Control Act," 91 Stat. 1566 (1977), 33 U.S.C.A. 1251, as amended, and regulations adopted under those acts;
(2) On behalf of the director, administer Chapter 1520. of the Revised Code, except divisions (B) to (F) of section 1520.03 of the Revised Code, division (A) of section 1520.04 of the Revised Code as it pertains to those divisions, and section 1520.05 of the Revised Code;
(3) Administer any state or federally funded grant program that is related to natural resources and recreation as considered necessary by the director.
Sec. 1506.01.  As used in this chapter:
(A) "Coastal area" means the waters of Lake Erie, the islands in the lake, and the lands under and adjacent to the lake, including transitional areas, wetlands, and beaches. The coastal area extends in Lake Erie to the international boundary line between the United States and Canada and landward only to the extent necessary to include shorelands, the uses of which have a direct and significant impact on coastal waters as determined by the director of natural resources.
(B) "Coastal management program" means the comprehensive action of the state and its political subdivisions cooperatively to preserve, protect, develop, restore, or enhance the resources of the coastal area and to ensure wise use of the land and water resources of the coastal area, giving attention to natural, cultural, historic, and aesthetic values; agricultural, recreational, energy, environmental, and economic needs; the interests of private property owners in the coastal areas; and the national interest. "Coastal management program" includes the establishment of objectives, policies, standards, and criteria concerning, without limitation, protection of air, water, wildlife, rare and endangered species, wetlands and natural areas, and other natural resources in the coastal area; management of coastal development and redevelopment; preservation and restoration of historic, cultural, and aesthetic coastal features; and public access to the coastal area for recreation purposes.
(C) "Coastal management program document" means a comprehensive statement consisting of, without limitation, text, maps, and illustrations that is adopted by the director in accordance with this chapter, describes the objectives, policies, standards, and criteria of the coastal management program for guiding public and private uses of lands and waters in the coastal area, lists the governmental agencies, including, without limitation, state agencies, involved in implementing the coastal management program, describes their applicable policies and programs, and cites the statutes and rules under which they may adopt and implement those policies and programs.
(D) "Person" means any agency of this state, any political subdivision of this state or of the United States, and any legal entity defined as a person under section 1.59 of the Revised Code.
(E) "Director" means the director of natural resources or the director's designee.
(F) "Permanent structure" means any residential, commercial, industrial, institutional, or agricultural building, any mobile home as defined in division (O) of section 4501.01 of the Revised Code, any manufactured home as defined in division (C)(4) of section 3781.06 of the Revised Code, and any septic system that receives sewage from a single-family, two-family, or three-family dwelling, but does not include any recreational vehicle as defined in section 4501.01 of the Revised Code.
(G) "State agency" or "agency of the state" has the same meaning as "agency" as defined in section 111.15 of the Revised Code.
(H) "Coastal flood hazard area" means any territory within the coastal area that has been identified as a flood hazard area under the "Flood Disaster Protection Act of 1973," 87 Stat. 975, 42 U.S.C.A. 4002, as amended.
(I) "Coastal erosion area" means any territory included in Lake Erie coastal erosion areas identified by the director under section 1506.06 of the Revised Code.
(J) "Ordinary high water mark" means the ordinary high water mark of Lake Erie that is established by the United States army corp of engineers.
(K) "Conservancy district" means a conservancy district that is established under Chapter 6101. of the Revised Code.
(L) "Park board" means the board of park commissioners of a park district that is created under Chapter 1545. of the Revised Code.
(M) "Erosion control structure" means anything that is designed primarily to reduce or control erosion of the shore along or near Lake Erie, including, without limitation, revetments, seawalls, bulkheads, groins or breakwaters, and similar structures. "Erosion control structure" does not include wharves, piers, docks, marinas, boat ramps, and other similar structures.
(N) "Commercial" means profit-seeking production, buying, or selling of any good, service, or other product.
Sec. 1506.02.  (A) The department of natural resources is hereby designated the lead agency for the development and implementation of a coastal management program. The director of natural resources:
(1) Shall develop and adopt the coastal management program document. The director shall cooperate and coordinate with other agencies of the state and its political subdivisions in the development of the document. Before adopting the document, the director shall hold four public hearings on it in the coastal area, and may hold additional public meetings, to give the public the opportunity to make comments and recommendations concerning its terms. The director shall consider the public comments and recommendations before adopting the document. The director may amend the coastal management program document, provided that, prior to making changes in it, the director notifies by mail those persons who submitted comments and recommendations concerning the original document, the members of the Lake Erie coastal advisory council created in section 1506.12 of the Revised Code, and the appropriate agencies of the state and its political subdivisions. The director may shall hold at least one public hearing on the proposed changes.
(2) Shall administer the coastal management program in accordance with the coastal management program document, this chapter, and rules adopted under it;
(3) Shall adopt and may amend or rescind rules under Chapter 119. of the Revised Code for the implementation, administration, and enforcement of the coastal management program and the other provisions of this chapter. The rules shall establish a procedure for determining the amount of the fee to be paid for a permit issued under section 1506.11 of the Revised Code, provided that any such fee shall not exceed five hundred dollars. The rules also shall establish a fee schedule for permits issued under section 1506.40 of the Revised Code, provided that no fee on the schedule shall exceed five hundred dollars. The fee schedule shall be based on the total square footage of the structure, development, or improvement for which a permit is to be issued under that section. Before the adoption, amendment, or rescission of rules under division (A)(3) of this section, the director shall do all of the following:
(a) Maintain a list of interested public and private organizations and mail notice to those organizations of any proposed rule or amendment to or rescission of a rule at least thirty days before any public hearing on the proposal;
(b) Mail a copy of each proposed rule, amendment, or rescission to any person who requests a copy within five days after receipt of the request;
(c) Consult with appropriate statewide organizations and units of local government that would be affected by the proposed rule, amendment, or rescission.
Although the director is expected to discharge these the duties established in divisions (A)(3)(a) to (c) of this section diligently, failure to mail any notice or copy or to so consult with any person is not jurisdictional and shall not be construed to invalidate any proceeding or action of the director.
In addition, the director shall consult with the Lake Erie coastal advisory council before adopting, amending, or rescinding rules under division (A)(3) of this section.
(4) Shall provide for consultation and coordination between and among state agencies, political subdivisions of the state, and interstate, regional, areawide, and federal agencies in carrying out the purposes of the coastal management program and the other provisions of this chapter;
(5) Shall, to the extent practicable and consistent with the protection of coastal area resources, coordinate the rules and policies of the department of natural resources with the rules and policies of other state and federal agencies to simplify and consolidate the regulation of activities along the Lake Erie shoreline;
(6) May, to accomplish the purposes of the coastal management program and the other provisions of this chapter, contract with any person and may accept and expend gifts, bequests, and grants of money or property from any person.
(B) Every agency of the state, upon request of the director, shall cooperate with the department of natural resources in the implementation of the coastal management program.
(C) The director shall establish a coastal management assistance grant program. Grants may be awarded from federal funds received for that purpose and from such other funds as may be provided by law to any municipal corporation, county, township, park district created under section 511.18 or 1545.04 of the Revised Code, conservancy district established under Chapter 6101. of the Revised Code, port authority, other political subdivision, state agency, educational institution, or nonprofit corporation to help implement, administer, or enforce any aspect of the coastal management program. Grants may be used for any of the following purposes:
(1) Feasibility studies and engineering reports for projects that are consistent with the policies in the coastal management program document;
(2) The protection and preservation of wetlands, beaches, fish and wildlife habitats, minerals, natural areas, prime agricultural land, endangered plant and animal species, or other significant natural coastal resources;
(3) The management of shoreline development to prevent loss of life and property in coastal flood hazard areas and coastal erosion areas, to set prioities priorities for water-dependent energy, commercial, industrial, agricultural, and recreational uses, or to identify environmentally acceptable sites for dredge spoil disposal;
(4) Increasing public access to Lake Erie and other public places in the coastal area;
(5) The protection and preservation of historical, cultural, or aesthetic coastal resources;
(6) Improving the predictability and efficiency of governmental decision making related to coastal area management;
(7) Adopting Developing, adopting, administering, and enforcing zoning ordinances or resolutions relating to coastal flood hazard areas or coastal erosion areas;
(8) The redevelopment of deteriorating and underutilized waterfronts and ports;
(9) Other purposes approved by the director.
Sec. 1506.06.  (A) The director of natural resources, using the best available scientific records, data, and analyses of shoreline recession, shall make a preliminary identification of Lake Erie coastal erosion areas, which are the land areas anticipated to be lost by Lake Erie-related erosion within a thirty-year period if no additional approved erosion control measures are completed within that time. The preliminary identification shall state the bluff recession rates for the coastal erosion areas and shall take into account areas where substantial filling, protective measures, or naturally stable land has significantly reduced recession. Prior to making the preliminary identification, the director shall consult with the appropriate authority of each municipal corporation, county, and township having territory within an area that the director proposes to identify as a Lake Erie coastal erosion area. Upon making the preliminary identification, the director shall notify by certified mail the appropriate authority of each municipal corporation, county, and township having territory within a Lake Erie coastal erosion area of the preliminary identification. The notice shall delineate the portion of a Lake Erie coastal erosion area within the jurisdiction of, and shall be made available for public inspection by, the municipal corporation, county, or township. The director also shall publish a notice in a newspaper of general circulation in each affected locality stating that the preliminary identification has been made and stating where information delineating the Lake Erie coastal erosion areas may be inspected by the public and shall notify each landowner of record in a coastal erosion area of the preliminary identification. The notification shall be sent by certified mail to the landowner at the address indicated in the most recent tax duplicate. Within sixty days after the notifications required by this division, the director shall hold public hearings in each of the shoreline counties on the preliminary identification of the Lake Erie coastal erosion areas. Any affected municipal corporation, county, township, or private landowner may file with the director a written objection to the preliminary identification at any of those hearings or at any other time within one hundred twenty days from the date indicated in the certified mail notice, which date shall be one week following the date of the notice. For any such objection, verifiable evidence or documentation shall be submitted indicating that some portion of a Lake Erie coastal erosion area should not have been included in the areas defined by the preliminary identification. A municipal corporation, county, or township may object only with respect to territory within its jurisdiction or other territory that it owns; a private landowner may object only with respect to the landowner's land.
(B) The director shall review all objections filed under division (A) of this section. The director may then modify the preliminary identification of Lake Erie coastal erosion areas. Within the next ninety days, the director shall notify each objecting person of the director's decision regarding the objection. The director also shall notify, within that ninety-day period, any other owner for whom the director's decision results in a modification on that other owner's property.
(C) Whenever the preliminary identification of a Lake Erie coastal erosion area is modified as a result of an objection, the director shall so notify the affected municipal corporation, county, or township and shall publish a notice of the modification in a newspaper of general circulation in the affected locality. Objections to modifications may be filed within sixty days of the newspaper notification required by this division or within sixty days of the date of the property owner's notification required by division (B) of this section, whichever is later, and shall be filed in the same manner as objections to the original preliminary identification. The director shall rule on each objection to a modification within sixty days after receiving it.
(D) After the director has ruled on each objection filed under division (B) or (C) of this section, the director shall make a final identification of the Lake Erie coastal erosion areas and shall notify by certified mail the appropriate authority of each affected municipal corporation, county, and township of the final identification. The final identification may be appealed under section 1506.08 of the Revised Code.
(E) At least once every ten years, the director shall review and may revise the identification of Lake Erie coastal erosion areas, taking into account any recent natural or artificially induced changes affecting anticipated recession. The review and revision shall be done in the same manner as that provided for original preliminary and final identification in this section.
(F) Any person who has received written notice under this section or section 5302.30 of the Revised Code that a parcel or any portion of a parcel of real property that the person owns has been included in a Lake Erie coastal erosion area identified under this section shall not sell or transfer any interest in that real property unless the person first provides written notice to the purchaser or grantee that the real property is included in a Lake Erie coastal erosion area. The written notice shall be provided in accordance with section 5302.30 of the Revised Code.
(G) No state agency, county, township, or municipal corporation, or any other political subdivision or special district in this state established by law shall use the fact that property has been identified as a Lake Erie coastal erosion area as a basis for any of the following:
(1) Failing to enter into or renew a lease under section 1506.11 of the Revised Code or to issue or renew a permit under that section or section 1506.11 1506.40 of the Revised Code;
(2) Failing to issue or renew a permit required by law, other than a permit issued under section 1506.07 of the Revised Code;
(3) Taking private property for public use in the exercise of the power of eminent domain;
(4) Determining what constitutes just compensation for a taking of the property in the exercise of the power of eminent domain.
Sec. 1506.08.  Any person who is adversely affected by the final identification of a Lake Erie coastal erosion area under division (D) of section 1506.06 of the Revised Code or any other final administrative act of the director of natural resources under this chapter or who receives denial of a permit application under rules adopted under division (A) of section 1506.07 of the Revised Code, within thirty days after the identification, act, or denial, may appeal it in accordance with Chapter 119. of the Revised Code, except that, notwithstanding any provisions to the contrary in that chapter, both of the following apply:
(A) Any adjudication hearing shall be held in the county in which the property that is the subject of the final administrative act of the director is located.
(B) An appeal brought pursuant to section 119.12 of the Revised Code shall be made to the court of common pleas of the county in which the property that is the subject of the appeal is located.
Sec. 1506.10.  It (A) As used in this section and section 1506.11 of the Revised Code, "littoral rights" means the rights of littoral owners to make reasonable use of the submerged lands and waters fronting their lands, including the construction of such things as piers, fills, breakwalls, or wharves, for the purpose of accessing and using the waters of Lake Erie for navigation, fishing, recreation, or other purposes, including, but not limited to, protecting property from erosion, launching and storing watercraft, and wharfing out to navigable waters.
(B)(1) It is hereby declared that the waters of Lake Erie consisting of the territory within the boundaries of the state, extending from where the southerly shore waters of Lake Erie make contact with land to the international boundary line between the United States and Canada, together with the soil beneath and their contents, do now belong and have always, since the organization of the state of Ohio, belonged to the state as proprietor in trust for the people of the state, for the public uses to which they may be adapted, subject to the powers of the United States government, to the public rights of navigation, water commerce, and fishery, and to the property littoral rights of littoral owners, including the right to make reasonable use of the waters in front of or flowing pass their lands. Any artificial encroachments by public or private littoral owners, which that interfere with the free flow of commerce in navigable channels, whether in the form of wharves, piers, fills, or otherwise, beyond where the natural shoreline of those waters of Lake Erie make contact with land, not expressly authorized by the general assembly, acting within its powers, or pursuant to section 1506.11 or 1506.40 of the Revised Code, shall not be considered as having prejudiced the rights of the public in such domain. This section does not limit the right of the state to control, improve, or place aids to navigation in the other navigable waters of the state or the territory formerly covered thereby.
(2) The general assembly hereby declares that property owners on Lake Erie have the right to exercise littoral rights. However, the exercise of those rights is subject to all applicable provisions of the Revised Code.
(C) The department of natural resources is hereby designated as the state agency in all matters pertaining to the care, protection, and enforcement of the state's rights designated in this section.
Any order of the director of natural resources in any matter pertaining to the care, protection, and enforcement of the state's rights in that territory is a rule or adjudication within the meaning of sections 119.01 to 119.13 Chapter 119. of the Revised Code.
Sec. 1506.11.  (A)(1) "Territory," as used in this section, means the waters and the lands presently underlying the waters of Lake Erie and the lands formerly underlying the waters of Lake Erie and now artificially filled, between the natural shoreline ordinary high water mark and the international boundary line with Canada.
(2) The use of the ordinary high water mark shall be for the administration of this section and shall not be construed to determine any type of property boundary.
(B) Whenever the state, acting through the director of natural resources, upon application of any person who wants to develop or improve part of the territory for commercial use, and after notice that the director, at the director's discretion, may give as provided in this section, determines that any part of the territory can be developed and improved or the waters thereof used as specified in the application without impairment of the public right of navigation, water commerce, recreation, and fishery, a lease of all or any part of the state's interest therein may be entered into with the applicant, or a permit may be issued for that purpose, subject to the powers of the United States government and in accordance with rules adopted by the director in accordance with Chapter 119. of the Revised Code, and without prejudice to the littoral rights of any owner of land fronting on Lake Erie, provided that the legislative authority of the municipal corporation within which any such part of the territory is located, if the municipal corporation is not within the jurisdiction of a port authority, or the county commissioners of the county within which such part of the territory is located, excluding any territory within a municipal corporation or under the jurisdiction of a port authority, or the board of directors of a port authority with respect to such part of the territory included in the jurisdiction of the port authority, has enacted an ordinance or adopted a resolution finding and determining that such part of the territory, described by metes and bounds or by an alternate description referenced to the applicant's upland property description that is considered adequate by the director, is not necessary or required for the construction, maintenance, or operation by the municipal corporation, county, or port authority of breakwaters, piers, docks, wharves, bulkheads, connecting ways, water terminal facilities, and improvements and marginal highways in aid of navigation and water commerce and that the land uses specified in the application comply with regulation of permissible land use under a waterfront plan of the local authority.
(C) Upon the filing of the application with the director, the director may hold a public hearing thereon and may cause written notice of the filing to be given to any municipal corporation, county, or port authority, as the case may be, in which such part of the territory is located and also shall cause public notice of the filing to be given by advertisement in a newspaper of general circulation within the locality where such part of the territory is located. If a hearing is to be held, public notice of the filing may be combined with public notice of the hearing and shall be given once a week for four consecutive weeks prior to the date of the initial hearing. All hearings shall be before the director and shall be open to the public, and a record shall be made of the proceeding. Parties thereto are entitled to be heard and to be represented by counsel. The findings and order of the director shall be in writing. All costs of the hearings, including publication costs, shall be paid by the applicant. The director also may hold public meetings on the filing of an application.
(D) Not later than fifteen days after the director receives an application for a permit under this section, the director shall determine whether the application is complete and shall provide written notice to the applicant of the director's determination. If the application is not complete, the director shall include in the notice an itemized list of the information or materials that are necessary to complete the application. If the director notifies the applicant that information or materials are necessary to complete the application, the applicant shall provide the missing information or materials not later than thirty days after receipt of the notice. The applicant may resubmit the application with the necessary information or materials. If the director fails to make a completeness determination and provide notice to the applicant within fifteen days after receiving the application, the application shall be deemed complete.
Not later than one hundred twenty days after receipt of a complete application, the director shall issue or deny the permit. If the director fails to issue or deny the permit within one hundred twenty days after receiving the complete application, the application shall be deemed approved, and the director shall issue the permit.
(E) If the director finds that a lease may properly be entered into with the applicant or a permit may properly be issued to the applicant, the director shall determine the consideration to be paid by the applicant, which consideration shall exclude the value of the littoral rights of the owner of land fronting on Lake Erie and improvements made or paid for by the owner of land fronting on Lake Erie or that owner's predecessors in title. The lease or permit may be for such periods of time as the director determines. On and after the effective date of this amendment, a lease entered into under this section shall be for a period of time that is equal to the life of the development or improvement for commercial use that is the subject of the lease. The
If the director finds that a permit may properly be issued to the applicant, the director shall determine the fee to be paid for the permit in accordance with the procedure established in rules adopted under section 1506.02 of the Revised Code. The applicant shall pay that fee. A permit issued under this section need not be renewed. On and after the effective date of this amendment, a permit issued under this section shall be for a period of time that is equal to the life of the development or improvement for commercial use for which the permit was issued.
The rentals or fee received under the terms of such a lease or permit shall be paid into the state treasury to the credit of the Lake Erie submerged lands fund, which is hereby created, and. Money in the fund shall be distributed from that fund as follows:
(1) Fifty per cent of each rental shall be paid to the department of natural resources for the administration of this section and section 1506.10 of the Revised Code and for the coastal management assistance grant program required to be established under division (C) of section 1506.02 of the Revised Code;
(2) Fifty per cent of each rental shall be paid to the municipal corporation, county, or port authority making the finding provided for in this section in sections 1506.01 to 1506.03 and 1506.05 to 1506.09 of the Revised Code. In addition, money in the fund also may be used for either or both of the following purposes:
(1) Grants to a municipal corporation, county, or port authority having shoreline property within its geographical boundaries;
(2) Purchase of land for public access to Lake Erie.
All leases and permits shall be executed in the manner provided by section 5501.01 5301.01 of the Revised Code and shall contain, in addition to the provisions required in this section, a reservation to the state of all mineral rights and a provision that the removal of any minerals shall be conducted in such manner as not to damage any improvements placed by the littoral owner, lessee, or permit holder on the lands. No lease or permit of the lands defined in this section shall express or imply any control of fisheries or aquatic wildlife now vested in the division of wildlife of the department.
(D)(F) Upland owners who, prior to October 13, 1955, have erected, developed, or maintained structures, facilities, buildings, or improvements or made use of waters for commercial purposes in the part of the territory in front of those uplands shall be granted a lease or permit under this section by the state upon the presentation of a certification by the chief executive of a municipal corporation, resolution of the board of county commissioners, or resolution of the board of directors of the port authority establishing that the structures, facilities, buildings, improvements, or uses do not constitute an unlawful encroachment on navigation and water commerce. The lease or permit shall specifically enumerate the structures, facilities, buildings, improvements, or uses so included.
(E)(G) Persons having secured a lease or permit under this section are entitled to just compensation for the taking, whether for navigation, water commerce, or otherwise, by any governmental authority having the power of eminent domain, of structures, facilities, buildings, improvements, or uses erected or placed upon the territory pursuant to the lease or permit or the littoral rights of the person and for the taking of the leasehold and the littoral rights of the person pursuant to the procedure provided in Chapter 163. of the Revised Code. The compensation shall not include any compensation for the site in the territory except to the extent of any interest in the site theretofore acquired by the person under this section or by prior acts of the general assembly or grants from the United States government. The failure of any person to apply for or obtain a lease or permit under this section does not prejudice any right the person may have to compensation for a taking of littoral rights or of improvements made in accordance with a lease, a permit, or littoral rights.
(F)(H) If any taxes or assessments are levied or assessed upon property a structure that is the subject of a lease or permit under this section, the taxes or assessments are the obligation of the lessee or permit holder.
(G)(I) If a lease or permit secured under this section requires the lessee or permit holder to obtain the approval of the department or any of its divisions for any changes in structures, facilities, or buildings, for any improvements, or for any changes or expansion in uses, no lessee or permit holder shall change any structures, facilities, or buildings, make any improvements, or expand or change any uses unless the director first determines that the proposed action will not adversely affect any current or prospective exercise of the public right of recreation in the territory and in the state's reversionary interest in any territory leased or permitted under this section and the lessee or permit holder receives an additional permit under this section for any changes in structures, facilities, or buildings, for any improvements, or for any changes or expansion in uses. However, the director shall not require a permit for the rehabilitation of a structure, facility, or building for which a permit previously was issued under this section.
Proposed changes or improvements shall be deemed to "adversely affect" the public right of recreation if the changes or improvements cause or will cause any significant demonstrable negative impact upon any present or prospective recreational use of the territory by the public during the term of the lease or permit or any renewals of leases and of any public recreational use of the leased or permitted premises in which the state has a reversionary interest.
Sec. 1506.12.  There is hereby created the Lake Erie coastal resources advisory council, which shall consist of nineteen the director of natural resources or the director's designee and fifteen members, who shall be appointed by the director of natural resources, governor and who represent a broad range of interests, experience, and knowledge relating to the management, use, conservation, protection, preservation, and development of coastal area resources. The director governor shall solicit names of qualified persons to serve on the council from the legislative authorities of counties, townships, municipal corporations, and other political subdivisions and from interest groups located in the coastal area. The director governor shall appoint to the council at least one member from each shoreline county, which members shall be selected from the names submitted to the director governor as described above and at least one of which shall be a public official of such a county; at least three individuals who own private shoreline property in a shoreline county; at least one public official of a municipal corporation that is located in a has shoreline county property within its geographical boundaries; at least two individuals who are members of the Ohio association of realtors and whose places of business as specified in section 4735.16 of the Revised Code are located in the shoreline area; at least three individuals who have an interest in or are knowledgeable about the preservation of submerged resources, two of whom shall be experienced in scuba diving; and at least two individuals with experience in residential and commercial land development in the shoreline area. Not fewer than seven members shall be individuals who permanently reside in close proximity to shoreline property. No more than ten eight members of the council shall be from the same political party. The director may participate in the deliberations of the council, but shall not vote.
The members of the council first appointed by the director shall serve terms commencing no later than one hundred eighty days after March 15, 1989, and expiring on February 1, 1990. On February 2, 1990, the director shall appoint six members to serve for a term of one year and seven members to serve for a term of two years. The members first appointed by the director after the effective date of this amendment shall serve terms commencing no later than one hundred eighty days after that date. Three of those members shall serve terms expiring on February 1, 1997, and three of those members shall serve terms expiring on February 1, 1998. On February 2, 1997, the director shall appoint nine members to serve for a term of three years to replace all members whose terms of office expired on February 1, 1997. On February 2, 1998, the director shall appoint ten members to serve for a term of four years to replace all members whose terms of office expired on February 1, 1998.
On the effective date of this amendment, the governor shall begin the process of appointing members to the council. Not later than three months following that date, all of the governor's appointments shall be completed, and the terms of the initial members of the council shall commence. Seven of the initial members shall be appointed for terms ending on the first day of February of the year that is two years following the year in which the effective date of this amendment occurs. Eight of the initial members shall be appointed for terms ending on the first day of February of the year that is four years following the year in which the effective date of this amendment occurs. Thereafter, terms of office for all appointed members shall be for four years commencing on the second day of February and ending on the first day of February. Members may be reappointed to the council.
The director governor may remove any appointed member at any time for inefficiency, neglect of duty, or malfeasance in office. In the event of the death, removal, resignation, or incapacity of any appointed member, the director governor shall appoint a successor to hold office for the remainder of the term for which the member's predecessor was appointed. Any appointed member shall continue in office subsequent to the expiration date of the member's term until the member's successor takes office, or until a period of sixty days has elapsed, whichever occurs first.
Membership on the council does not constitute holding a public office or position of employment under state law and is not grounds for removal of public officers or employees from their offices or positions of employment.
The council annually shall select from its members a chairperson and a vice-chairperson. The council shall hold at least one meeting every three months and shall keep a record of its proceedings, which shall be open to the public for inspection. Special meetings may be called by the chairperson and shall be called upon the written request of two or more members. A majority of the members constitutes a quorum. The department of natural resources shall furnish clerical, technical, legal, and other services required by the council in the performance of its duties.
Members shall receive no compensation, but shall be reimbursed from appropriations to the department for the actual and necessary expenses incurred by them in the performance of their official duties.
The council shall do all of the following:
(A) Advise the director on carrying out the director's duties under this chapter, including, without limitation, implementation of the coastal management program;
(B) Recommend to the director such policies and legislation as are necessary to preserve, protect, develop, and restore or enhance the coastal resources of the state;
(C) Review and make recommendations to the director on the development of policies, plans, and programs for long-term, comprehensive coastal resource management, including, without limitation, the coastal management program document adopted under division (A)(1) of section 1506.02 of the Revised Code;
(D) Recommend to the director ways to enhance cooperation among governmental agencies, including, without limitation, state agencies, having an interest in coastal management and to encourage wise use and protection of the state's coastal resources. The council may request information and other assistance from those governmental agencies for this purpose.
Sec. 1506.30.  As used in sections 1506.30 to 1506.37 1506.36 of the Revised Code:
(A) "Abandoned property" means a submerged aircraft; a submerged watercraft, including a ship, boat, canoe, skiff, raft, or barge; the rigging, gear, fittings, trappings, and equipment of a submerged aircraft or watercraft; the personal property of the officers, crew, and passengers of a submerged aircraft or watercraft; the cargo of a submerged aircraft or watercraft that has been deserted, relinquished, cast away, or left behind and for which attempts at reclamation have been abandoned by the owners and insurers; and submerged materials resulting from activities of prehistoric and historic native Americans.
(B) "Lake Erie" means that portion of the waters and lands of Lake Erie belonging to the state as provided in section 1506.10 of the Revised Code.
(C) "Historical value" means the quality of significance exemplified by an object, structure, site, or district that is included in or eligible for inclusion in the state registry of archaeological landmarks authorized under section 149.51 of the Revised Code, the state registry of historic landmarks authorized under section 149.55 of the Revised Code, or the national register of historic places.
(D) "Marine surveyor" means a person engaged in the business of mapping or surveying submerged lands and abandoned property.
(E) "Mechanical or other assistance" means all manmade artificial devices used to raise or remove artifacts from abandoned property, including pry bars, wrenches and other hand or power tools, cutting torches, explosives, winches, flotation bags, lines to surface, extra divers buoyancy devices, and other buoyancy devices.
(F) "Recreational value" means value relating to an activity in which the public engages or may engage for recreation or sport, including scuba diving and fishing, as determined by the director of natural resources.
Sec. 1506.34.  (A) The director of natural resources, with the approval of the director of the Ohio historical society, shall establish policies and may adopt rules necessary to implement and administer sections 1506.30 to 1506.37 1506.36 of the Revised Code. Not less than forty-five days prior to adopting a rule under this section or section 1506.31 of the Revised Code, the director of natural resources shall send a copy of the proposed rule to the director of the Ohio historical society, who shall promptly review it. Not more than thirty days after receiving the proposed rule, the director of the Ohio historical society shall return the rule to the director of natural resources together with his the former director's written approval or disapproval of the proposed rule. If he the director of the Ohio historical society disapproves the rule, he the director shall explain the reasons for his the disapproval and any amendments to the rule he the director considers necessary to obtain his the director's approval. The director of natural resources shall not adopt a rule under those sections that has not been approved by the director of the Ohio historical society. If the director of the Ohio historical society does not respond within thirty days as prescribed in this section, the rule is deemed approved by him the director.
(B) The director of natural resources shall inform the public of the requirements of sections 1506.30 to 1506.37 1506.36 of the Revised Code and any policies established and rules adopted under them. In complying with this section, the director may establish or conduct educational programs or seminars, print and distribute informational pamphlets, and provide detailed information to organizations that conduct scuba diving training programs.
(C) The director of natural resources may hire or contract with a marine archaeologist, a marine historian, a marine surveyor, or any combination thereof for the purposes of implementing and administering sections 1506.30 to 1506.37 1506.36 of the Revised Code and any rules adopted under them.
Sec. 1506.35.  (A) The director of natural resources may suspend or revoke, in accordance with Chapter 119. of the Revised Code, a permit issued under section 1506.32 of the Revised Code if the permit holder has done either of the following:
(1) Failed to comply with sections 1506.30 to 1506.37 1506.36 of the Revised Code, any rules adopted under those sections, or any provision or condition of his the permit;
(2) Damaged abandoned property other than in accordance with the provisions or conditions of the permit.
(B) Any motor vehicle, as defined in section 4501.01 of the Revised Code, watercraft, as defined in section 1547.01 of the Revised Code, mechanical or other assistance, scuba gear, sonar equipment, or other equipment used by any person in the course of committing a third or subsequent violation of division (K) of section 1506.32 of the Revised Code shall be considered contraband for the purposes of sections 2933.42 and 2933.43 of the Revised Code, except that proceeds from the sale of such contraband shall be disposed of in the following order:
(1) To the payment of the costs incurred in the forfeiture proceedings under section 2933.43 of the Revised Code;
(2) To the payment of the balance due on any security interest preserved under division (C) of section 2933.43 of the Revised Code;
(3) To the payment of any costs incurred by the seizing agency under section 2933.43 of the Revised Code in connection with the storage, maintenance, security, and forfeiture of the contraband;
(4) Fifty per cent of the remaining money to the credit of the Lake Erie submerged lands preserves fund created in division (C) of this section and fifty per cent of the remaining money to the Ohio historical society for deposit into the fund created pursuant to division (C) of section 149.56 of the Revised Code.
(C) There is hereby created in the state treasury the Lake Erie submerged lands preserves fund. The fund shall be composed of moneys credited to it under division (B)(4) of this section and division (D)(2) of section 1506.33 of the Revised Code, all appropriations, contributions, and gifts made to it, and any federal grants received by the department of natural resources for the purposes of sections 1506.30 to 1506.37 1506.36 of the Revised Code. The director shall use the moneys in the Lake Erie submerged lands preserves fund solely to implement and administer sections 1506.30 to 1506.37 1506.36 of the Revised Code.
(D) The director may request the attorney general to, and the attorney general shall, bring a civil action in any court of competent jurisdiction for any of the following purposes:
(1) To enforce compliance with or restrain violation of sections 1506.30 to 1506.37 1506.36 of the Revised Code, any rules adopted under those sections, or any permit issued under section 1506.32 of the Revised Code;
(2) To enjoin the further removal of abandoned property or archaeological material from Lake Erie;
(3) To order the restoration of an area affected by a violation of sections 1506.30 to 1506.37 1506.36 of the Revised Code or of a permit issued under section 1506.32 of the Revised Code to its prior condition.
Any action under this division is a civil action, governed by the Rules of Civil Procedure.
(E) A peace officer of a county, township, or municipal corporation, and a preserve officer, wildlife officer, park officer, or watercraft officer designated under section 1517.10, 1531.13, 1541.10, or 1547.521 of the Revised Code, as applicable, may enforce compliance with sections 1506.30 to 1506.37 1506.36 of the Revised Code, any rules adopted under those sections, and any permit issued under section 1506.32 of the Revised Code and may make arrests for violation of those laws, rules, and permits.
Sec. 1521.20 1506.38 The chief director of the division of water natural resources shall act as the erosion agent of the state for the purpose of cooperating with the secretary of the army, acting through the chief of engineers of the United States army corps of engineers in the department of defense. The chief director shall cooperate with the secretary in carrying out, and may conduct, investigations and studies of conditions along the shorelines of Lake Erie and of the bays and projections therefrom, and of the islands therein, within the territorial waters of the state, with a view to devising and perfecting economical and effective methods and works for preventing, correcting, and controlling shore erosion and damage therefrom and controlling the inundation of improved property by the waters of Lake Erie, its bays, and associated inlets.
Sec. 1521.21 1506.39 The chief director of the division of water natural resources, in the discharge of the chief's director's duties under sections 1507.20 1506.38 to 1507.30 1506.49 of the Revised Code, may call to the chief's director's assistance, temporarily, any engineers or other employees in any state department, or in the Ohio state university or other educational institutions financed wholly or in part by the state, for the purpose of devising the most effective and economical methods of controlling shore erosion and damage from it and controlling the inundation of improved property by along the waters shore of Lake Erie and its bays and associated inlets.
Such engineers and employees shall not receive any additional compensation over that which they receive from the departments or institutions by which they are employed, but they shall be reimbursed for their actual necessary expenses incurred while working under the direction of the chief director on erosion and inundation projects.
Sec. 1521.22 1506.40 (A)(1) As used in this section, "territory" has the same meaning as in section 1506.11 of the Revised Code.
(2) The use of the ordinary high water mark shall be for the administration of this section and shall not be construed to determine any type of property boundary.
(B) No person shall construct a beach, groin, or other structure to arrest or control erosion, wave action, or inundation along or near the Ohio shoreline of Lake Erie, including related islands, bays, and inlets, or develop or improve part of the territory for other than commercial use, without first obtaining a shore structure permit from the chief of the division director of water natural resources. The
The application for a shore structure permit shall include detailed plans and specifications as prescribed by the director. The detailed plans and specifications shall be prepared by a professional engineer registered under Chapter 4733. of the Revised Code. An unless they pertain to a project that is or solely involves any of the following:
(1) A project that is not an erosion control structure or the rehabilitation of such a structure;
(2) The rehabilitation of a structure for which a permit previously was issued under this section;
(3) The rehabilitation of a structure that was constructed prior to October 5, 1955, provided that the purpose of the rehabilitation is to return the structure to its condition prior to that date;
(4) Beach nourishment with natural sand.
An applicant for a permit under this section shall provide appropriate evidence of compliance with any applicable provisions of this chapter and Chapters 1505. and 1506. 1521. of the Revised Code, as determined by the chief director. A temporary shore structure permit may be issued by the chief or an authorized representative of the chief director if it is determined necessary to safeguard life, health, or property.
Each application or reapplication for a permit under this section shall be accompanied by a non-refundable fee as the chief shall prescribe by rule in an amount determined by the director using the fee schedule established in rules adopted under section 1506.02 of the Revised Code.
If the application is approved, the chief shall issue a permit to the applicant authorizing construction of the project. If
(C) Upon receipt of an application submitted under this section, the director shall notify owners of littoral real property that is adjacent to the proposed area of construction, development, or improvement. The notice shall be in writing, state that an application for a permit has been filed, summarize the proposed construction, development, or improvement that is the subject of the application, and state that the recipient of the notice may submit comments to the director concerning the application not later than thirty days following receipt of the notice.
(D) Not later than fifteen days after the director receives an application for a permit under this section, the director shall determine whether the application is complete and shall provide written notice to the applicant of the director's determination. If the application is not complete, the director shall include in the notice an itemized list of the information or materials that are necessary to complete the application. If the director notifies the applicant that information or materials are necessary to complete the application, the applicant shall provide the missing information or materials not later than thirty days after receipt of the notice. The applicant may resubmit the application with the necessary information or materials. If the director fails to make a completeness determination and provide notice to the applicant within fifteen days after receiving the application, the application shall be deemed complete.
If the project is not for commercial use, the director shall issue or deny the permit not later than ninety days after receipt of a complete application. If the project is for commercial use, the director shall issue or deny the permit not later than one hundred twenty days after receipt of a complete application. If the director fails to issue or deny the permit within ninety or one hundred twenty days, as applicable, after receiving the complete application, the application shall be deemed approved, and the director shall issue the permit.
If requested in writing by the applicant within thirty days of issuance of a notice of disapproval of the application, the chief director shall conduct an adjudication hearing under Chapter 119. of the Revised Code, except sections 119.12 and 119.121 of the Revised Code. After reviewing the record of the hearing, the chief director shall issue a final order approving the application, disapproving it, or approving it conditioned on the making of specified revisions in the plans and specifications.
(E) The chief director, by rule, shall limit the period during which a construction permit issued under this section is valid and shall establish reapplication requirements governing a construction permit that expires before construction, development, or improvement is completed.
In accordance with Chapter 119. of the Revised Code, the chief shall adopt, and may amend or rescind, such rules as are necessary for the administration, implementation, and enforcement of this section.
(F) Nothing in this section shall be construed as determining the boundary of the state's ownership of the waters of Lake Erie as provided in section 1506.10 of the Revised Code.
Sec. 1521.23 1506.41 All moneys derived from the granting of permits and leases under section 1505.07 of the Revised Code for the removal of sand, gravel, stone, gas, oil, and other minerals and substances from and under the bed of Lake Erie and from applications for shore structure permits submitted under section 1521.22 1506.40 of the Revised Code shall be paid into the state treasury to the credit of the permit and lease fund, which is hereby created. Notwithstanding any section of the Revised Code relating to the distribution or crediting of fines for violations of the Revised Code, all fines imposed under division (A) of section 1505.99 of the Revised Code and under division (C)(A) of section 1521.99 1506.99 of the Revised Code for violations of section 1506.40 of the Revised Code shall be paid into that fund. The fund shall be administered by the department of natural resources for the protection of Lake Erie shores and waters; investigation and control of erosion; the planning, development, and construction of facilities for recreational use of Lake Erie; implementation of section 1521.22 1506.40 of the Revised Code; preparation of the state shore erosion plan under section 1521.29 1506.47 of the Revised Code; provision of technical assistance to shoreline property owners under that section; purchase of land for public access to Lake Erie; and state administration of Lake Erie coastal erosion areas under sections 1506.06 and 1506.07 of the Revised Code. Money in the fund also may be used for grants to a municipal corporation, county, or port authority having Lake Erie shoreline property within its geographical boundaries.
Sec. 1521.24 1506.42 The state, acting through the chief director of the division of water natural resources, subject to section 1521.28 1506.46 of the Revised Code, may enter into agreements with counties, townships, municipal corporations, park boards, and conservancy districts, other political subdivisions, or any state departments or divisions for the purpose of constructing and maintaining projects to control erosion along the Ohio shoreline of Lake Erie and in any rivers and bays that are connected with Lake Erie and any other watercourses that flow into Lake Erie. Such projects also may be constructed on any Lake Erie island that is situated within the boundaries of the state.
The cost of such shore erosion projects that are for the benefit of public littoral property shall be prorated on the basis of two-thirds of the total cost to the state through appropriations made to the division department of water natural resources and one-third of the cost to the counties, townships, municipal corporations, park boards, conservancy districts, or other political subdivisions.
If a shore erosion emergency is declared by the governor, the state, acting through the chief director, may spend whatever state funds are available to alleviate shore erosion, without participation by any political subdivision, regardless of whether the project will benefit public or private littoral property.
A board of county commissioners, acting for the county over which it has jurisdiction, may enter into and carry out agreements with the chief director for the construction and maintenance of projects to control shore erosion. In providing the funds for the county's proportionate share of the cost of constructing and maintaining the projects referred to in this section, the board shall be governed by and may issue and refund bonds in accordance with Chapter 133. of the Revised Code.
A municipal corporation or a township, acting through the legislative authority or the board of township trustees, may enter into and carry out agreements with the chief director for the purpose of constructing and maintaining projects to control shore erosion. In providing the funds for the municipal corporation's or township's proportionate share of the cost of constructing and maintaining the projects referred to in this section, a municipal corporation or township may issue and refund bonds in accordance with Chapter 133. of the Revised Code. The contract shall be executed on behalf of the municipal corporation or township by the mayor, city manager, or other chief executive officer who has the authority to act for the municipal corporation or township.
Conservancy districts may enter into and carry out agreements with the chief director, in accordance with the intent of this section, under the powers conferred upon conservancy districts under Chapter 6101. of the Revised Code.
Park boards may enter into and carry out agreements with the chief director, in accordance with the intent of this section, and issue bonds for that purpose under the powers conferred upon park districts under Chapter 1545. of the Revised Code.
The chief director shall approve and supervise all projects that are to be constructed in accordance with this section. The chief director shall not proceed with the construction of any project until all funds that are to be paid by the county, township, municipal corporation, park board, or conservancy district, in accordance with the terms of the agreement entered into between the chief director and the county, township, municipal corporation, park board, or conservancy district, are in the chief's director's possession and deposited in the shore erosion fund, which is hereby created in the state treasury. If the chief director finds it to be in the best interests of the state to construct projects as set forth in this section by the state itself, without the financial contribution of counties, townships, municipal corporations, park boards, or conservancy districts, the chief director may construct the projects.
In deciding whether to assist a county or municipal corporation in constructing and maintaining a project under this section, the state, acting through the chief, shall consider, among other factors, whether the county or municipal corporation has adopted or is in the process of adopting a Lake Erie coastal erosion area resolution or ordinance under division (D) of section 1506.07 of the Revised Code.
All projects constructed by the state in conformity with sections 1521.20 1506.38 to 1521.28 1506.46 of the Revised Code shall be constructed subject to sections 153.01 to 153.20 of the Revised Code, except that the state architect and engineer is not required to prepare the plans and specifications for those projects.
Sec. 1521.25 1506.43 The chief director of the division of water natural resources may enter into a contract with any county, township, municipal corporation, conservancy district, or park board that has an agreement with the state in accordance with section 1521.24 1506.42 of the Revised Code for the construction of a shore erosion project. No contract shall be let until all money that is to be paid by the political subdivision entering into the agreement has been deposited in the shore erosion fund created in that section 1521.24 of the Revised Code, and no contract shall be valid until approved by the director of natural resources.
Sec. 1521.26 1506.44 (A) A board of county commissioners may use a loan obtained under division (C) of this section to provide financial assistance to any person who owns real property in a coastal erosion area, as defined in section 1506.01 of the Revised Code, and who has received a permit under section 1521.22 1506.40 of the Revised Code to construct an erosion control structure in that coastal erosion area. The board shall enter into an agreement with the person that complies with all of the following requirements:
(1) The agreement shall identify the person's real property for which the erosion control structure is being constructed and shall include a legal description of that property and a reference to the volume and page of the deed record in which the title of that person to that property is recorded.
(2) In accordance with rules adopted by the Ohio water development authority under division (V) of section 6121.04 of the Revised Code for the purposes of division (C) of this section and pursuant to an agreement between the board and the authority under that division, the board shall agree to cause payments to be made by the authority to the contractor hired by the person to construct an erosion control structure in amounts not to exceed the total amount specified in the agreement between the board and the person.
(3) The person shall agree to pay to the board, or to the authority as the assignee pursuant to division (C) of this section, the total amount of the payments plus administrative or other costs of the board or the authority at times, in installments, and bearing interest as specified in the agreement.
The agreement may contain additional provisions that the board determines necessary to safeguard the interests of the county or to comply with an agreement entered into under division (C) of this section.
(B) Upon entering into an agreement under division (A) of this section, the board shall do all of the following:
(1) Cause the agreement to be recorded in the county deed records in the office of the county recorder of the county in which the real property is situated. Failure to record the agreement does not affect the validity of the agreement or the collection of any amounts due under the agreement.
(2) Establish by resolution an erosion control repayment fund into which shall be deposited all amounts collected under division (B)(3) of this section. Moneys in that fund shall be used by the board for the repayment of the loan and for administrative or other costs of the board or the authority as specified in an agreement entered into under division (C) of this section. If the amount of money in the fund is inadequate to repay the loan when due, the board of county commissioners, by resolution, may advance money from any other fund in order to repay the loan if that use of the money from the other fund is not in conflict with law. If the board so advances money in order to repay the loan, the board subsequently shall reimburse each fund from which the board advances money with moneys from the erosion control repayment fund.
(3) Bill and collect all amounts when due under the agreement entered into under division (A) of this section. The board shall certify amounts not paid when due to the county auditor, who shall enter the amounts on the real property tax list and duplicate against the property identified under division (A)(1) of this section. The amounts not paid when due shall be a lien on that property from the date on which the amounts are placed on the tax list and duplicate and shall be collected in the same manner as other taxes.
(C) A board may apply to the authority for a loan for the purpose of entering into agreements under division (A) of this section. The loan shall be for an amount and on the terms established in an agreement between the board and the authority. The board may assign any agreements entered into under division (A) of this section to the authority in order to provide for the repayment of the loan and may pledge any lawfully available revenues to the repayment of the loan, provided that no moneys raised by taxation shall be obligated or pledged by the board for the repayment of the loan. Any agreement with the authority pursuant to this division is not subject to Chapter 133. of the Revised Code or any requirements or limitations established in that chapter.
(D) The authority, as assignee of any agreement pursuant to division (C) of this section, may enforce and compel the board and the county auditor by mandamus pursuant to Chapter 2731. of the Revised Code to comply with division (B) of this section in a timely manner.
(E) The construction of an erosion control structure by a contractor hired by an individual homeowner, group of individual homeowners, or homeowners association that enters into an agreement with a board under division (A) of this section is not a public improvement, as defined in section 4115.03 of the Revised Code, and is not subject to competitive bidding or public bond laws.
Sec. 1521.27 1506.45 The state, or any county, township, municipal corporation, conservancy district, or park board that has entered into a contract under section 1521.25 1506.43 of the Revised Code, may acquire lands by gift or devise, purchase, or appropriation. In case of appropriation, the proceedings shall be instituted in the name of the state or the political subdivision and shall be conducted in the manner provided for the appropriation of private property by the state or the political subdivision insofar as those proceedings are applicable. Either the fee or any lesser interest may be acquired as the state or the political subdivision considers advisable.
Sec. 1521.28 1506.46 Any action taken by the chief director of the division of water natural resources under sections 1521.20 1506.38 to 1521.30 1506.49 of the Revised Code shall not be deemed in conflict with certain powers and duties conferred upon and delegated to federal agencies and to municipal corporations under Section 7 of Article XVIII, Ohio Constitution, or as provided by sections 721.04 to 721.11 of the Revised Code.
Sec. 1521.29 1506.47 The chief director of the division of water, in cooperation with the division of geological survey, natural resources may prepare a plan for the management of shore erosion in the state along Lake Erie, its bays, and associated inlets, revise the plan whenever it can be made more effective, and make the plan available for public inspection. In the preparation of the plan, the chief director may employ such existing plans as are available.
The chief director also may establish a program to provide technical assistance on shore erosion control measures to municipal corporations, counties, townships, conservancy districts, park boards, and shoreline property owners.
Sec. 1521.30 1506.48 Upon application of any owner of real property damaged or destroyed by shore erosion, the county auditor of the county in which the real property is situated shall cause a reappraisal to be made and shall place the property on the tax list at its true value in money.
Whenever the county auditor finds that ninety per cent or more of the area of any littoral parcel of land appearing upon the tax duplicate has been eroded and lies within the natural boundaries of Lake Erie and that the remainder of the parcel, if any, has no taxable value, the auditor may certify that finding to the county board of revision. Upon consideration thereof, the board may authorize removal of the parcel from the tax duplicate and cancellation of all current and delinquent taxes, assessments, interest, and penalties charged against the parcel.
Sec. 1506.49.  The director of natural resources or any employee in the service of the department of natural resources may enter on lands to conduct surveys and inspections for the purposes of this chapter, provided that at least five business days prior to entry, the director or the employee sends notice by certified mail to the owner of the property that is to be surveyed or inspected. The director or an employee may enter on the land during the period starting on the sixth business day following the mailing of the notice and ending on the fifteenth business day following the mailing of the notice. Such an entry does not constitute a civil or criminal trespass when necessary in the discharge of the duties specified in this chapter.
Sec. 1521.01.  As used in sections 1521.01 to 1521.05, and 1521.13 to 1521.18, and 1521.20 to 1521.30 of the Revised Code:
(A) "Consumptive use," "diversion," "Lake Erie drainage basin," "other great lakes states and provinces," "water resources," and "waters of the state" have the same meanings as in section 1501.30 of the Revised Code.
(B) "Well" means any excavation, regardless of design or method of construction, created for any of the following purposes:
(1) Removing ground water from or recharging water into an aquifer, excluding subsurface drainage systems installed to enhance agricultural crop production or urban or suburban landscape management or to control seepage in dams, dikes, and levees;
(2) Determining the quantity, quality, level, or movement of ground water in or the stratigraphy of an aquifer, excluding borings for instrumentation in dams, dikes, levees, or highway embankments;
(3) Removing or exchanging heat from ground water, excluding horizontal trenches that are installed for water source heat pump systems.
(C) "Aquifer" means a consolidated or unconsolidated geologic formation or series of formations that are hydraulically interconnected and that have the ability to receive, store, or transmit water.
(D) "Ground water" means all water occurring in an aquifer.
(E) "Ground water stress area" means a definable geographic area in which ground water quantity is being affected by human activity or natural forces to the extent that continuous availability of supply is jeopardized by withdrawals.
(F) "Person" has the same meaning as in section 1.59 of the Revised Code and also includes the United States, the state, any political subdivision of the state, and any department, division, board, commission, agency, or instrumentality of the United States, the state, or a political subdivision of the state.
(G) "State agency" or "agency of the state" has the same meaning as "agency" in section 111.15 of the Revised Code.
(H) "Development" means any artificial change to improved or unimproved real estate, including the construction of buildings and other structures, any substantial improvement of a structure, and mining, dredging, filling, grading, paving, excavating, and drilling operations.
(I) "Floodplain" means the area adjoining any river, stream, watercourse, or lake that has been or may be covered by flood water.
(J) "Floodplain management" means the implementation of an overall program of corrective and preventive measures for reducing flood damage, including the collection and dissemination of flood information, construction of flood control works, nonstructural flood damage reduction techniques, and adoption of rules, ordinances, or resolutions governing development in floodplains.
(K) "One-hundred-year flood" means a flood having a one per cent chance of being equaled or exceeded in any given year.
(L) "One-hundred-year floodplain" means that portion of a floodplain inundated by a one-hundred-year flood.
(M) "Structure" means a walled and roofed building, including, without limitation, gas or liquid storage tanks, mobile homes, and manufactured homes.
(N) "Substantial improvement" means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds fifty per cent of the market value of the structure before the start of construction of the improvement. "Substantial improvement" includes repairs to structures that have incurred substantial damage regardless of the actual repair work performed. "Substantial improvement" does not include either of the following:
(1) Any project for the improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications that have been identified by the state or local code enforcement official having jurisdiction and that are the minimum necessary to ensure safe living conditions;
(2) Any alteration of an historic structure designated or listed pursuant to federal or state law, provided that the alteration will not preclude the structure's continued listing or designation as an historic structure.
(O) "Shore structure" includes, but is not limited to: beaches; groins; revetments; bulkheads; seawalls; breakwaters; certain dikes designated by the chief of the division of water; piers; docks; jetties; wharves; marinas; boat ramps; any associated fill or debris used as part of the construction of shore structures that may affect shore erosion, wave action, or inundation; and fill or debris placed along or near the shore, including bluffs, banks, or beach ridges, for the purpose of stabilizing slopes.
(P) "Conservancy district" means a conservancy district established under Chapter 6101. of the Revised Code.
(Q) "Park board" means the board of park commissioners of a park district created under Chapter 1545. of the Revised Code.
(R) "Erosion control structure" means anything that is designed primarily to reduce or control erosion of the shore along or near lake erie, including, but not limited to, revetments, seawalls, bulkheads, certain breakwaters designated by the chief, and similar structures. "Erosion control structure" does not include wharves, piers, docks, marinas, boat ramps, and other similar structures.
Sec. 1521.99.  (A) Whoever violates division (C)(1) of section 1521.05 or division (E)(1) of section 1521.16 of the Revised Code is guilty of a misdemeanor of the fourth degree.
(B) Whoever violates section 1521.06 or 1521.062 of the Revised Code shall be fined not less than one hundred dollars nor more than one thousand dollars for each offense. Each day of violation constitutes a separate offense.
(C) Whoever violates sections 1521.20 to 1521.30 of the Revised Code shall be fined not less than one hundred dollars nor more than one thousand dollars for each offense. Each day of violation constitutes a separate offense.
Sec. 6121.04.  The Ohio water development authority may do any or all of the following:
(A) Adopt bylaws for the regulation of its affairs and the conduct of its business;
(B) Adopt an official seal;
(C) Maintain a principal office and suboffices at places within the state that it designates;
(D) Sue and plead in its own name and be sued and impleaded in its own name with respect to its contracts or torts of its members, employees, or agents acting within the scope of their employment, or to enforce its obligations and covenants made under sections 6121.06, 6121.08, and 6121.13 of the Revised Code. Any such actions against the authority shall be brought in the court of common pleas of the county in which the principal office of the authority is located or in the court of common pleas of the county in which the cause of action arose, provided that the county is located within this state, and all summonses, exceptions, and notices of every kind shall be served on the authority by leaving a copy thereof at the principal office with the person in charge thereof or with the secretary-treasurer of the authority.
(E) Make loans and grants to governmental agencies for the acquisition or construction of water development projects by any such governmental agency and adopt rules and procedures for making such the loans and grants;
(F) Acquire, construct, reconstruct, enlarge, improve, furnish, equip, maintain, repair, operate, or lease or rent to, or contract for operation by, a governmental agency or person, water development projects, and establish rules for the use of those projects;
(G) Make available the use or services of any water development project to one or more persons, one or more governmental agencies, or any combination thereof;
(H) Issue water development revenue bonds and notes and water development revenue refunding bonds of the state, payable solely from revenues as provided in section 6121.06 of the Revised Code, unless the bonds are refunded by refunding bonds, for the purpose of paying any part of the cost of one or more water development projects or parts thereof;
(I) Acquire by gift or purchase, hold, and dispose of real and personal property in the exercise of its powers and the performance of its duties under this chapter;
(J) Acquire, in the name of the state, by purchase or otherwise, on terms and in the manner that it considers proper, or by the exercise of the right of condemnation in the manner provided by section 6121.18 of the Revised Code, public or private lands, including public parks, playgrounds, or reservations, or parts thereof or rights therein, rights-of-way, property, rights, easements, and interests that it considers necessary for carrying out this chapter, but excluding the acquisition by the exercise of the right of condemnation of any waste water facility or water management facility owned by any person or governmental agency, and compensation shall be paid for public or private lands so taken, except that a government-owned waste water facility may be appropriated in accordance with section 6121.041 of the Revised Code;
(K) Adopt rules to protect augmented flow in waters of the state, to the extent augmented by a water development project, from depletion so it will be available for beneficial use, and to provide standards for the withdrawal from waters of the state of the augmented flow created by a water development project that is not returned to the waters of the state so augmented and to establish reasonable charges therefor if considered necessary by the authority;
(L) Make and enter into all contracts and agreements and execute all instruments necessary or incidental to the performance of its duties and the execution of its powers under this chapter in accordance with the following requirements:
(1) When the cost under any such contract or agreement, other than compensation for personal services, involves an expenditure of more than ten thousand dollars, the authority shall make a written contract with the lowest responsive and responsible bidder, in accordance with section 9.312 of the Revised Code, after advertisement for not less than two consecutive weeks in a newspaper of general circulation in Franklin county, and in other publications that the authority determines, which shall state the general character of the work and the general character of the materials to be furnished, the place where plans and specifications therefor may be examined, and the time and place of receiving bids, provided that a contract or lease for the operation of a water development project constructed and owned by the authority or an agreement for cooperation in the acquisition or construction of a water development project pursuant to section 6121.13 of the Revised Code or any contract for the construction of a water development project that is to be leased by the authority to, and operated by, persons who are not governmental agencies and the cost of the project is to be amortized exclusively from rentals or other charges paid to the authority by persons who are not governmental agencies is not subject to the foregoing requirements and the authority may enter into such a contract or lease or such an agreement pursuant to negotiation and upon terms and conditions and for the period that it finds to be reasonable and proper in the circumstances and in the best interests of proper operation or of efficient acquisition or construction of the project.
(2) Each bid for a contract for the construction, demolition, alteration, repair, or reconstruction of an improvement shall contain the full name of every person interested in it and shall meet the requirements of section 153.54 of the Revised Code.
(3) Each bid for a contract except as provided in division (L)(2) of this section shall contain the full name of every person or company interested in it and shall be accompanied by a sufficient bond or certified check on a solvent bank that if the bid is accepted, a contract will be entered into and the performance thereof secured.
(4) The authority may reject any and all bids.
(5) A bond with good and sufficient surety, approved by the authority, shall be required of every contractor awarded a contract except as provided in division (L)(2) of this section, in an amount equal to at least fifty per cent of the contract price, conditioned upon the faithful performance of the contract.
(M) Employ managers, superintendents, and other employees and retain or contract with consulting engineers, financial consultants, accounting experts, architects, attorneys, and other consultants and independent contractors that are necessary in its judgment to carry out this chapter, and fix the compensation thereof. All expenses thereof shall be payable solely from the proceeds of water development revenue bonds or notes issued under this chapter, from revenues, or from funds appropriated for that purpose by the general assembly.
(N) Receive and accept from any federal agency, subject to the approval of the governor, grants for or in aid of the construction of any water development project or for research and development with respect to waste water or water management facilities, and receive and accept aid or contributions from any source of money, property, labor, or other things of value, to be held, used, and applied only for the purposes for which the grants and contributions are made;
(O) Engage in research and development with respect to waste water or water management facilities;
(P) Purchase fire and extended coverage and liability insurance for any water development project and for the principal office and suboffices of the authority, insurance protecting the authority and its officers and employees against liability for damage to property or injury to or death of persons arising from its operations, and any other insurance the authority may agree to provide under any resolution authorizing its water development revenue bonds or in any trust agreement securing the same;
(Q) Charge, alter, and collect rentals and other charges for the use or services of any water development project as provided in section 6121.13 of the Revised Code;
(R) Provide coverage for its employees under Chapters 145., 4123., and 4141. of the Revised Code;
(S) Assist in the implementation and administration of the drinking water assistance fund and program created in section 6109.22 of the Revised Code and the water pollution control loan fund and program created in section 6111.036 of the Revised Code, including, without limitation, performing or providing fiscal management for the funds and investing and disbursing moneys in the funds, and enter into all necessary and appropriate agreements with the director of environmental protection for those purposes;
(T) Issue water development revenue bonds and notes of the state in principal amounts that are necessary for the purpose of raising moneys for the sole benefit of the water pollution control loan fund created in section 6111.036 of the Revised Code, including moneys to meet the requirement for providing matching moneys under division (D) of that section. The bonds and notes may be secured by appropriate trust agreements and repaid from moneys credited to the fund from payments of principal and interest on loans made from the fund, as provided in division (F) of section 6111.036 of the Revised Code.
(U) Issue water development revenue bonds and notes of the state in principal amounts that are necessary for the purpose of raising moneys for the sole benefit of the drinking water assistance fund created in section 6109.22 of the Revised Code, including moneys to meet the requirement for providing matching moneys under divisions (B) and (F) of that section. The bonds and notes may be secured by appropriate trust agreements and repaid from moneys credited to the fund from payments of principal and interest on loans made from the fund, as provided in division (F) of section 6109.22 of the Revised Code.
(V) Make loans to and enter into agreements with boards of county commissioners for the purposes of section 1521.26 1506.44 of the Revised Code and adopt rules establishing requirements and procedures for making the loans and entering into the agreements;
(W) Do all acts necessary or proper to carry out the powers expressly granted in this chapter.
Any instrument by which real property is acquired pursuant to this section shall identify the agency of the state that has the use and benefit of the real property as specified in section 5301.012 of the Revised Code.
Section 2. That existing sections 149.56, 317.08, 721.11, 1501.01, 1504.02, 1506.01, 1506.02, 1506.06, 1506.08, 1506.10, 1506.11, 1506.12, 1506.30, 1506.34, 1506.35, 1521.01, 1521.20, 1521.21, 1521.22, 1521.23, 1521.24, 1521.25, 1521.26, 1521.27, 1521.28, 1521.29, 1521.30, 1521.99, and 6121.04 and section 1506.37 of the Revised Code are hereby repealed.
Section 3. (A) As used in this section:
(1) "Territory" has the same meaning as in section 1506.11 of the Revised Code, as amended by this act.
(2) "Commercial" has the same meaning as in section 1506.01 of the Revised Code, as amended by this act.
(B) Section 1506.11 of the Revised Code, as amended by this act, requires a lease or a permit for the development or improvement of a part of the territory only for commercial use. Not later than sixty days after the effective date of this act, the Director of Natural Resources shall provide notice by certified mail of the right to make a request to terminate a lease to all persons who have entered into a lease with the state under section 1506.11 of the Revised Code, as it existed prior to its amendment by this act, if the development or improvement for which the lease was entered into was for other than commercial use. Beginning one hundred twenty days after receipt of the notification, a littoral owner may request the state to terminate any such lease. On the date of the termination request, the lease is terminated, and the lessee is released from all obligations under it. However, any permit that was issued in conjunction with the lease continues in effect.
If a lease is terminated or expires, the littoral owner shall pay an administrative fee in an amount determined by the Director, provided that the fee shall not exceed two hundred dollars. The Director shall deposit the fee in the state treasury to the credit of the Lake Erie Submerged Lands Fund created in section 1506.11 of the Revised Code, as amended by this act.
On and after the effective date of this act, a littoral owner may request the state to amend a lease that was entered into with the state under section 1506.11 of the Revised Code, as it existed prior to its amendment by this act, and any associated fees to include only territory that was developed or improved for commercial use.
Upon receipt of a request to terminate or amend a lease under this section, the state, acting through the Director, promptly shall comply with and take all steps that are necessary to implement the request in a timely manner.
Section 4. On the effective date of this section, the Coastal Resources Advisory Council created in section 1506.12 of the Revised Code, as that section existed prior to its amendment by this act, is abolished, and all of its assets, liabilities, equipment, and records, irrespective of form or medium, are transferred to the Lake Erie Coastal Advisory Council that is created in section 1506.12 of the Revised Code as amended by this act. Former members of the Coastal Resources Advisory Council may be appointed to the Lake Erie Coastal Advisory Council if the Governor so chooses.
Section 5. On the effective date of this section, the Submerged Lands Advisory Council created in former section 1506.37 of the Revised Code is abolished, and all of its assets, liabilities, equipment, and records, irrespective of form or medium, are transferred to the Lake Erie Coastal Advisory Council that is created in section 1506.12 of the Revised Code, as amended by this act. Former members of the Submerged Lands Advisory Council who satisfy the appointment criteria established in section 1506.12 of the Revised Code as amended by this act for members of the Lake Erie Coastal Advisory Council may be appointed to the Lake Erie Coastal Advisory Council if the Governor so chooses.
Section 6.  Section 6121.04 of the Revised Code is presented in this act as a composite of the section as amended by both Sub. H.B. 601 and Am. Sub. H.B. 628 of the 123rd General Assembly. The General Assembly, applying the principle stated in division (B) of section 1.52 of the Revised Code that amendments are to be harmonized if reasonably capable of simultaneous operation, finds that the composite is the resulting version of the section in effect prior to the effective date of the section as presented in this act.
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