Chapter 1501:3-1 General Provisions

1501:3-1-01 Definitions.

As used in Chapters 1501:3-1 to 1501:3-9 of the Administrative Code:

(A) "Authorized agent" means any individual employed by the chief of the division of forestry and designated to be responsible for the supervision of the operation, protection, maintenance and management of land(s) or program(s) under administration of the division.

(B) "Camping" means utilization of any piece of equipment for sleeping in or upon including but not limited to a sleeping bag, hammock, station wagon, car, van, motor home, bus, trailer, tent, tarp, truck, house vehicle, pickup camper, or watercraft, for the purpose of occupying a portion of state land or water during the hours of darkness for transient and temporary outdoor living.

(C) "Campground" means an area designated and provided with facilities for camping. It may or may not have designated campsites.

(D) "Campsite" means:

(1) An area within a campground which has been designated for occupancy by a camper;

(2) Or in a campground not having designated campsites, the area occupied by a camper.

(E) "State forests" means any area established and administered pursuant to section 1503.03 of the Revised Code or any other area administered by the division of forestry.

(F) "Person" means any individual, firm, partnership, corporation, company, association, or any combination of individuals, and includes any agent, trustee, executor, receiver, assignee, or any other representative thereof.

(G) "Snowmobile" as used in these rules shall have the same meaning as set forth in section 4519.01 of the Revised Code.

(H) "All-purpose vehicle" as used in these rules shall have the same meaning as set forth in section 4519.01 of the Revised Code.

(I) "Special area" means any area, other than roads or trails, whereon snowmobiles or all-purpose vehicles may be operated pursuant to the provisions of Chapter 4519. of the Revised Code and the rules adopted thereunder.

(J) "Designated area" means any location, place, site, facility, zone or space identified by rule by the chief or by an official map made available at the office of the chief or by on-site signs.

(K) "Meeting" or "Event" means an assembly, gathering, contest or competition involving a number of participants and/or spectators which significantly affects public use and protection of lands or facilities of the division.

(L) "Primitive camping" means any of the following camping activities at a state forest: backpack trail, hunter, park and pack, roadside and horse camps with no potable water.

(M) "Special use permit" means written authorization containing terms and conditions that is issued by the chief or authorized agent, pursuant to an application and fee payment in the manner and form specified.

(N) "Special activity" means any action requiring waiver of rules, special provisions, or other consideration in order to be conducted.

(O) "Threatened species" and "endangered species" have the same meaning as established in 1501:18-1-01 of the Administrative Code.

Eff 9-16-74; 9-28-77; 9-25-86; 1-9-04
Rule promulgated under: RC 119.03
Rule authorized by: RC 1503.01
Rule amplifies: RC 1503.01
R.C. 119.032 review dates: 02/17/2009 and 02/01/2014

1501:3-1-02 Notice of public hearing to adopt, amend or rescind rules.

(A) Public notice of hearings to be conducted by the division of forestry 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 rules; shall include a synopsis or full text of the proposed rules, amendments or rules to be rescinded or a general statement of the subject matter to which such proposed rules relate; 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 rules, amendments or rules to be rescinded may be obtained.

Eff (Amended) 9-16-74; 9-28-77; 1-9-04
Rule promulgated under: RC 119.03
Rule authorized by: RC 1503.01
Rule Amplifies: 1503.01
R.C. 119.032 review dates: 02/17/2009 and 02/01/2014

1501:3-1-03 Severability.

The validity of any rule or portion thereof adopted or amended by the chief of the division of forestry pursuant to Chapter 1503 of the Revised Code shall not be affected by the invalidity of any other rule or portion thereof adopted or amended thereunder by the chief.

R.C. 119.032 review dates: 02/17/2009 and 02/01/2014

Promulgated Under: 119.03

Statutory Authority: 1503.01

Rule Amplifies: 1503.01

Prior Effective Dates: 9/16/74, 9/28/77

1501:3-1-04 Successor division.

Unless expressly provided to the contrary by any rule of the Administrative Code or any section of the Revised Code, the rules contained in Chapters 1501:3-1 to 1501:3-9 of the Administrative Code shall apply to, and be the rules of, any division or other unit of the department of natural resources which, by virtue of a consolidation or reorganization pursuant to section 121.07 of the Revised Code, or by legislative action, shall succeed to the responsibility of the division of forestry to administer and enforce Chapter 1503 of the Revised Code.

R.C. 119.032 review dates: 02/17/2009 and 02/01/2014

Promulgated Under: 119.03

Statutory Authority: 1503.01

Rule Amplifies: 1503.01

Prior Effective Dates: 9/28/77