1501:47-4-02 Visitation, use, and general prohibitions.

(A) Scenic river lands are generally available to the public for the purpose of engaging in fishing, boating, hiking, wildlife observation, or any other legitimate recreational activities not otherwise prohibited by the laws of this state.

(B) The division of watercraft shall post in a conspicuous location any special instructions, orders, and notices pertaining to the use of state scenic river lands by the public. Such instructions, orders or notices shall pertain to, but are not limited to, special hours of operation, area closure, temporary access restrictions, emergency situations, or other situations not otherwise covered in the rules. Declaration of such postings shall originate with the chief of the division.

(C) No person shall enter upon scenic river lands or utilize any facilities therein that have been temporarily closed or evacuated by the chief of the division or the chief's appointed agent if it has been determined to be hazardous for public use as the result of inclement weather, water, fire, construction, or any other situation with the potential to impact public health, safety, or welfare.

(D) No person shall be present on scenic river lands in violation of any special instructions, orders or notices issued under divisions (B) or (C) of this section unless exempted in writing by the chief or an appointed agent.

(E) On scenic river lands that are open to the general public by access permit only, persons must receive written permission from the chief of the division of watercraft or appointed agent prior to entry into such areas, must carry proof of written permission while within the area, and present it upon request.

(F) When a designated trail or trail system is present, no person shall leave the designated trail or trail system, except to gain access to the waters of the wild, scenic, or recreational river for the purposes of engaging in legitimate recreational activities or with written permission from the chief of the division of watercraft or the chief's appointed agent. Any person who leaves a designated trail to access the waters for legitimate recreational purposes must attempt to take the shortest, most direct path possible to avoid injury or damage to the plants, animals, or geologic features of the area.

(G) It shall be unlawful to throw, toss, drop, propel or cause, directly or indirectly, the throwing, tossing, dropping or propelling of any object over or off any precipice, bridge, observation tower or other similar structure or natural formation within the boundaries of any scenic river lands.

No person shall collect, remove, injure, deface, destroy or otherwise disturb ice, soil, sand, gravel, rocks, fossils, minerals, plants, plant materials, animals or any other substance within the boundaries of any scenic river lands.

It shall be unlawful to hunt, pursue, trap or attempt to hunt, pursue, trap or catch wild animals on scenic river lands except in areas designated for such activities or with prior approval from the chief, and such is done in accordance with the provisions of the Revised Code and wildlife orders then in effect.

(1) Exceptions:

(a) Collecting of materials for conservation efforts or research purposes may be conducted with written permission from the chief of the division. Such permit shall be valid for a period not to exceed one year, but may be renewed at the discretion of the chief. Proof of written permission must be provided to any appointed agent, department of natural resources official or law enforcement officer upon request.

(b) For the sole purposes of ensuring public safety and furthering conservation efforts, department staff, volunteers, and contracted persons may remove, burn, extract, or otherwise dispose of materials such as firewood, invasive species, storm debris and geologic or human made structures that pose imminent danger to the public welfare in accordance with special orders issued by the chief as provided for in division (B) of this section.

(c) It shall be lawful to take or catch fish, unless otherwise posted provided such is done in accordance with the provisions of the Revised Code and wildlife orders then in effect.

(H) The introduction of any plant or animal or their reproductive bodies to any scenic river or scenic river lands is prohibited without first receiving written permission from the chief of the division.

(I) It shall be unlawful to engage in any rappelling or climbing activity either with or without specialized gear for such activity upon scenic river lands without first obtaining written permission from the chief of the division of watercraft.

(J) Camping or otherwise staying overnight is prohibited upon scenic river lands except in areas designated for such use or with prior approval from the chief of the division or the chief's appointed agent.

(K) It shall be unlawful to kindle or ignite a fire without express permission of the chief of the division or the chief's appointed agent upon scenic river lands.

The possession or use of fireworks or other explosive devices is prohibited.

(L) No person, regardless of intent, shall deposit litter or cause litter to be deposited within the boundaries of any scenic river land or into the waters of a scenic river.

(M) Alcoholic beverages are prohibited:

No person shall bring into, possess, carry, serve or consume any alcoholic beverages upon scenic river lands.

(N) No person shall conduct any meeting or event upon scenic river lands without first obtaining written permission from the chief of the division of watercraft or the chief's appointed agent.

(1) Application for any organized meeting or event to be conducted upon scenic river lands must be made to the chief not less than thirty days prior to the date of the proposed event.

(2) A permit may be denied if it is determined that the specified meeting or event has a reasonable probability of having any of the following effects:

(a) The meeting or event would interfere with normal area usage, or

(b) The meeting or event poses a threat to the environment, or

(c) The meeting or event creates a concern for public safety and welfare.

(3) The chief may require a performance bond from the applicant as a condition of the issuance of the permit.

(O) No person shall erect or post any placard, sign, notice, poster, or billboard within the boundaries of any scenic river lands without written permission from the chief of the division or the chief's appointed agent.

(P) It shall be unlawful to solicit alms or contributions for any purpose, whether public or private upon state scenic river lands. No person shall rent, sell, solicit, or offer for sale, have in his possession with the intent to rent or sell, or expose for rent or sale any item or service within the boundaries of a state scenic river land without the express permission of the chief.

(Q) Open dumping of waste material on scenic river lands or into the waters of a scenic river is prohibited.

Effective: 4/30/2015
Five Year Review (FYR) Dates: 9/20/2015
Promulgated Under: 119.03
Statutory Authority: 1547.52
Rule Amplifies: 1547.52, 1547.83
Prior Effective Dates: 9/20/10