Chapter 1501:41-1 General Provisions
Public notice of hearing to be conducted by the division of parks and recreation shall be advertised in the register of Ohio at least thirty days, but not more than forty days, prior to the hearing. 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. The notice shall include: a statement of the division's intention to consider adopting, amending, or rescinding a rule; a synopsis of the proposed rule, amendment, or rule to be rescinded, or a general statement of the subject matter to which the proposed rule, amendment, or rescission relates; a statement of the reason or purpose for adopting, amending, or rescinding the rule; and the date, time, and place of a hearing on said 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 The notice shall also state the place from which copies of the proposed rule, amendment, or rule to be rescinded may be obtained.
In the interpretation of these rules, their provisions shall be construed as follows:
(A) "Rules" shall mean "rules and regulations";
(B) Any terms in the singular shall include the plural;
(C) Any term in the masculine shall include the feminine and the neuter;
(D) No provision hereof shall make unlawful any act necessarily performed by any officer or employee of the Department of Natural Resources in line of duty or work as such, or by any person, his agents or employees, in the proper and necessary execution of the terms of any agreement with the Division or Department of Natural Resources;
(E) If any part, section, subdivision, paragraph or provision of these Rules shall be determined to be invalid, such determination shall apply to the particular part, section, subdivision, paragraph or provision, and all other provisions of these Rules shall remain valid and in effect.
(A) The rules of the division of parks and recreation, Ohio department of natural resources, shall be effective under, upon, and in the airspace above all lands and waters that are presently under the jurisdiction, supervision, custody or control and which are administered as state parks by the division of parks and recreation.
(B) The following areas are presently maintained, supervised, operated, protected and administered by the division as state parks and are delineated by deed, lease easement, contract, agreement or journalization by the director of natural resources.
(1) Adams lake, Adams;
(2) Alum creek, Delaware;
(3) A.W. Marion, Pickaway;
(4) Barkcamp, Belmont;
(5) Beaver creek, Columbiana;
(6) Blue Rock, Muskingum;
(7) Buck creek, Clark;
(8) Buckeye lake, Fairfield, Licking, and Perry;
(9) Burr Oak, Athens and Morgan;
(10) Caesar creek, Clinton and Warren;
(11) Catawba island, Ottawa;
(12) Cowan lake, Clinton;
(13) Delaware, Delaware and Marion;
(14) Deer creek, Fayette and Pickaway;
(15) Dillon, Muskingum;
(16) East Fork, Clermont;
(17) East Harbor, Ottawa;
(18) Findley, Lorain;
(19) Forked Run, Meigs;
(20) Geneva, Ashtabula;
(21) Grand lake St. Marys, Auglaize and Mercer;
(22) Guilford lake, Columbiana;
(23) Harrison lake, Fulton;
(24) Headlands beach, Lake;
(25) Hocking hills, Hocking;
(26) Ash cave, Hocking;
(27) Cantwell cliffs, Hocking;
(28) Cedar falls, Hocking;
(29) Conkle's hollow, Hocking;
(30) Old Man's cave, Hocking;
(31) Rock house, Hocking;
(32) Hueston woods, Butler and Preble;
(33) Independence dam, Defiance;
(34) Indian lake, Logan;
(35) Jackson lake, Jackson;
(36) Jefferson lake, Jefferson;
(37) John Bryan, Greene;
(38) Kellys island, Erie;
(39) Kiser lake, Champaign;
(40) Lake Alma, Vinton;
(41) Lake Hope, Vinton;
(42) Lake Logan, Hocking;
(43) Lake Loramie, Auglaize and Shelby;
(44) Lake Milton, Mahoning;
(45) Lake White, Pike;
(46) Little Miami Scenic, Hamilton, Clermont, Greene and Warren;
(47) Madison lake, Madison;
(48) Malabar farm, Richland;
(49) Mary Jane Thurston, Wood and Henry;
(50) Marblehead lighthouse, Ottawa;
(51) Maumee bay, Lucas;
(52) Middle Bass island, Ottawa;
(53) Mohican, Ashland;
(54) Mosquito, Trumbull;
(55) Mount Gilead, Morrow;
(56) Muskingum river Parkway Muskingum;
(57) Lock 2, Devola, Washington;
(58) Lock 3, Lowell, Washington;
(59) Lock 4, Beverly, Washington;
(60) Lick 5, Luke Chute, Washington;
(61) Lock 6, Stockport, Morgan;
(62) Lock 7, McConnelsville, Morgan;
(63) Lock 8, Rokeby lock, Morgan;
(64) Lock 9, Philo, Muskingum;
(65) Lock 10, Zanesville, Muskingum;
(66) Lock 11, Ellis, Muskingum;
(67) Nelson Kennedy ledges, Portage;
(68) North Bass island, Ottawa;
(69) Paint creek, Highland and Ross;
(70) Pike lake, Pike;
(71) Portage lakes, Summit;
(72) Nimisila reservoir, Summit;
(73) Punderson, Geauga;
(74) Pymatuning, Ashtabula;
(75) Quail Hollow, Stark;
(76) Rocky Fork, Highland;
(77) Salt Fork, Guernsey;
(78) Scioto trail, Ross;
(79) Shawnee, Scioto;
(80) South Bass island, Ottawa;
(81) Oak Point, Ottawa;
(82) Stonelick, Clermont;
(83) Strouds Run, Athens;
(84) Sycamore, Montgomery;
(85) Tar Hollow, Ross and Hocking;
(86) Tinkers creek, Portage and Summit;
(87) Van Buren, Hancock;
(88) West Branch, Portage;
(89) Wolf Run, Noble;
(90) Wingfoot lake, Portage;
(91) Great Seal, Ross;
Five Year Review (FYR) Dates: 09/29/2014 and 12/15/2019
Promulgated Under: 119.03
Statutory Authority: 1501.01
Rule Amplifies: 1541.01, 1501.03, 1541.09, 1541.19
Prior Effective Dates: 6/14/75, 5/15/78, 7/1/80, 4/14/89, 10/1/98, 7/1/01, 11/7/08, 6/11/10
Whenever used in any division of parks and recreation rules the following terms, unless otherwise therein expressly defined, shall mean and include the following:
(A) "Air propelled powercraft" means any powercraft propelled by machinery which produces a current of air for the purpose of locomotion and direction control on water or marsh areas.
(B) "Airfoil" means a device designed to provide lift. For the purposes of this division, an airfoil includes any device designed to be towed behind a vessel or vehicle that allows a person or persons to be lifted into the air.
(D) "Area manager" means a person designated by the chief of the division to be responsible for the supervision, operation, protection and maintenance of an area of land or water under the administration of the division.
(E) "Beach," "bathing beach," or "bathing area" means any area designated by the division as such, including the actual sand beach, if any, and the adjoining land area as well as the adjacent waters used for bathing, swimming and wading.
(F) "Bridle path" or "bridle trail" means any path or trail designated for persons riding on horseback.
(G) "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 for transient and temporary outdoor living.
(H) "Chief" or "chief of the division" means the chief of the division of parks and recreation, department of natural resources, state of Ohio.
(J) "Danger zone" means that water area wherein are located navigation hazards requiring reduced operating speeds.
(K) "Department" means the state of Ohio, department of natural resources.
(L) "Designated areas" means any location, place, site, region, facility, zone, or space identified by the chief. Information about these areas is on record and available to the public at the "Office of the Chief, Fountain Square, Building C, Columbus, Ohio 43229-6693," Monday through Friday, between the hours of eight a.m. and five p.m.
(M) "Director" means the director of the department of natural resources, state of Ohio.
(N) "Division" means the state of Ohio, department of natural resources, division of parks and recreation.
(O) "Dock" means any structure a part of which is over or on the water of the division which may be used for the moorage of watercraft.
(P) "Field trial" means the using or working of hunting dogs that are being tested or judged in their field performance by persons other than the owner.
(Q) "Guest dock" means dock space or tie-up space rented for a period of twenty-four hours or any part thereof. Any dock space or tie-up space not being rented on a seasonal basis may be designated by the chief of the division as a guest dock.
(R) "In season" means the period April first through October thirty-first annually.
(S) "Horsepower" means the horsepower rating published by the manufacturer for the power unit involved.
(T) "Ice boat" means any contrivance used or designed to skim over frozen bodies of water and which is driven along by sail, propeller, motor, or jet engine.
(U) "Lock" means the lock walls, chamber, gates and the adjoining areas in the immediate vicinity of any enclosed part of a canal, river, stream, or other waterway, equipped with gates so that the level of the water in the chamber can be changed to raise or lower boats from one level to another.
(V) "Nature trail" is any trail in any area administered by the division that is so designated and so marked at a point on the trail.
(W) "No motor zone" means any water area wherein the operation of powercraft is prohibited. No motor zone buoys shall be lettered "No Motors."
(X) "Open zone" means any water area whereon watercraft activities may take place which are not specifically restricted by either the Revised Code or Administrative Code of either the division of watercraft or the division of parks and recreation.
(Y) "Operator" means any person who operates or is in actual physical control of a vehicle which includes, but is not limited to, a snowmobile or all purpose vehicle, motor vehicle, bicycle, or watercraft.
(Z) "Organized group" includes the following defined groups:
(1) "Youth group" means an assemblage of juveniles occupying any area administered by the division as an organized group under the supervision of one or more adult leaders responsible for the conduct and activities of the juveniles.
(2) "Adult group" means an assemblage of adults occupying any area administered by the division as a club, organization, or fraternal association.
(AA) "Owner" includes any person, firm, association, partnership, or corporation, owning, leasing, operating, or having the exclusive use of a vehicle, watercraft, animal, or any other property under a lease or otherwise, or any of the above who claims lawful possession by virtue of legal title or equitable interest therein which entitles him to such possession.
(BB) "Parking area" means any designated part of any park road, drive, dock, metered dock space, or special area , set apart for the standing or stationing of any vehicles or watercraft and marked as such.
(CC) "Person" includes any individual, firm, partnership, corporation, company, association, or body politic, or any combination of individuals, except the United States and the state of Ohio, and includes any agent, trustee, executor, receiver, assignee, or other representative thereof.
(EE) "Primitive weapons" means weapons that are single-shot, muzzleloading rifles, thirty-eight caliber or larger; or muzzleloading shotguns using single ball; or longbow and arrow; or a crossbow having a working safety and a stock more than twenty-five inches in length.
(FF) "Shore zone" means that water area of a uniform width of three hundred feet lying parallel with and contiguous to the shoreline, except that as it pertains to and describes lake White, Salt Fork lake, lake Loramie, Dillon lake, and Delaware lake, "shore zone" shall mean that water of a uniform width of one hundred feet lying parallel with and contiguous to the shoreline.
(GG) "Ski zone" means any water area whereon water skiing or towed surfboard riding is permitted within the buoys so placed to designate the zone. Ski zone buoys shall be lettered "Ski Zone."
(II) "Special water ski zone" means a ski zone designated for public use and wherein equipment or facilities for trick skiing may be placed or acrobatic skiing by more than one person acting together may be performed.
(JJ) "Speed zone" means any water area wherein powercraft may be operated at such speed as is reasonable, having due regard to traffic, surface and any hazardous conditions then existing. Speed zone buoys shall be lettered "Speed Zone."
(KK) "State trail" means any trail acquired by the director under Chapter 1519. of the Revised Code and any other trail on lands or waters administered by the division that the director designates as a "state trail" by entry in his journal.
(LL) "Unzoned area" means any water area that has not been zoned.
(MM) "Water" and "water area" means any and all bodies of water in a liquid or frozen condition which are administered by the division.
(NN) "Watercraft" means any contrivance used or designed for navigation on water, including, but not limited to, any vessel, boat, sailboard, motor vessel, steam vessel, vessel operated by machinery either permanently or temporarily affixed, scow, tugboat or any marine equipment which is capable of carrying passengers, excepting ferries as referred to in Chapter 4583. of the Revised Code.
(OO) "Winter season" means the period from November first to March thirty-first annually.
Five Year Review (FYR) Dates: 09/29/2014 and 12/15/2019
Promulgated Under: 119.03
Statutory Authority: 1541.03
Rule Amplifies: 1541.01, 1541.03, 1541.09, 1541.19
Prior Effective Dates: 7/1/76, 5/15/78, 7/1/80, 5/16/82, 10/18/82, 8/2/83, 3/18/88