Chapter 1501:21-1 General Provisions

1501:21-1-01 Notice of public hearing to adopt, amend, or rescind rules.

(A) Public notice of hearings to be conducted by the division of soil and water resources, department of natural resources, shall be advertised in the register of Ohio. In addition to public notice given in the register of Ohio, the division may give whatever other notice it reasonably considers necessary to ensure notice constructively is given to all persons who are subject to or affected by the proposed rule, amendment or rescission.

(B) Said notice shall be given at least thirty days, but not more than sixty days, prior to the hearing. The notice shall state the division's intention to consider adopting, amending, or rescinding a rule; shall include a synopsis or full text of the proposed rule, amendment, or rule to be rescinded or a general statement of the subject matter to which such proposed rule relates; and shall enumerate the date, time, and place of the hearing on the proposed action. The notice shall also state the place from which copies of the proposed rule, amendment, or rule to be rescinded may be obtained.

Effective: 05/23/2010
R.C. 119.032 review dates: 03/08/2010 and 05/15/2015
Promulgated Under: 119.03
Statutory Authority: 1521.06
Rule Amplifies: 1521.06
Prior Effective Dates: 8-9-71; 10-15-81; 1-16-05

1501:21-1-02 Authority for rules.

Division-level 1501:21 of the Administrative Code prescribed by the chief of the division of soil and water resources of the department of natural resources, state of Ohio, in accordance with Chapter 119. of the Revised Code and the authority vested in the chief by Chapter 1521. of the Revised Code to issue permits for construction of dams and levees, to make periodic inspections of existing dams and levees, to collect annual fees for dams, and to exempt certain dams and levees from the provisions of sections 1521.06 and 1521.062 of the Revised Code.

Effective: 05/23/2010
R.C. 119.032 review dates: 03/08/2010 and 05/15/2015
Promulgated Under: 119.03
Statutory Authority: 1521.06
Rule Amplifies: 1521.06 , 1521.061 , 1521.062 , 1521.063 , 1521.064
Prior Effective Dates: 4-15-72; 10-15-81; 12-9-99; 1-16-05

1501:21-1-03 Applicability of the construction permit requirements for dams and levees.

In accordance with the provisions of sections 1521.06 and 1521.061 of the Revised Code and the rules and regulations adopted pursuant thereto, a construction permit shall be required for the construction of a dam or levee unless the structure is specifically exempted from these requirements by section 1521.06 of the Revised Code or by rule 1501:21-19-01 of the Administrative Code.

R.C. 119.032 review dates: 03/08/2010 and 03/05/2015
Promulgated Under: 119.03
Statutory Authority: 1521.06
Rule Amplifies: 1521.06 , 1521.061
Prior Effective Dates: 10-15-81; 12-9-99; 1-16-05

1501:21-1-04 Severability.

The invalidation by a court of a rule adopted or amended pursuant to sections 1521.06 to 1521.064 of the Revised Code shall not affect the validity of any other rule or portion thereof adopted or amended thereunder by the chief.

R.C. 119.032 review dates: 03/08/2010 and 03/05/2015
Promulgated Under: 119.03
Statutory Authority: 1521.06
Rule Amplifies: 1521.06 , 1521.061 , 1521.062 , 1521.063 , 1521.064
Prior Effective Dates: 12-9-99