In addition to the exemptions noted in section 1521.06 of the Revised Code, the following classes of dams and levees are hereby exempt from the construction permit requirements of sections 1521.06 and 1521.061 of the Revised Code unless otherwise stated and the rules and regulations adopted pursuant thereto:
(A) Dams and levees designed and constructed by the United States army corps of engineers.
(B) Dams and levees constructed by the state of Ohio, department of natural resources are exempt from the requirements of section 1521.061 of the Revised Code, provided that copies of the final design report, plans, and specifications required in rules 1501:21-5-04 to 1501:21-5-06 of the Administrative Code, and prepared by registered professional engineers in accordance with rule 1501:21-3-02 of the Administrative Code are filed with and approved by the chief. These dams and levees are not exempt form the requirements of section 1521.06 of the Revised Code.
(C) Dams placed by the chief in class IV under rule 1501:21-13-01 of the Administrative Code, provided that the structure is built in general conformance with the design proposed in the preliminary design report prescribed by rule 1501:21-5-02 of the Administrative Code.
(D) Levees placed by the chief in class III under rule 1501:21-13-09 of the Administrative Code, provided that the structure is built in general conformance with the design proposed in the preliminary design report prescribed by rule 1501:21-5-02 of the Administrative Code.
(E) Modifications or repairs to existing dams or levees, provided that the modifications or repairs do not constitute an enlargement of the structure as defined by rule 1501:21-3-01 of the Administrative Code or a reconstruction of the structure as determined by the chief.
Five Year Review (FYR) Dates: 3/7/2018 and 05/24/2023
Promulgated Under: 119.03
Statutory Authority: 1521.06
Rule Amplifies: 1521.06 , 1521.061
Prior Effective Dates: 04/15/1972, 10/15/1981, 12/09/1999, 01/16/2005