1501-6-01 Definition of terms.

(A) "Applicant" means any person who applies to the department to develop or improve any part of the territory as defined in division (A) of section 1506.11 of the Revised Code.

(B) "Application" means the signed and completed form(s) and any supplemental information which may be required by the director in accordance with these rules and submitted to the director as provided in divisions (B) and (G) of section 1506.11 of the Revised Code.

(C) "Department" means the department of natural resources.

(D) "Development" or "improvement" means, but shall not be limited to, wharfs, breakwaters, piers, docks, bulkheads, marinas, groins, jetties, revetments, fill for the purpose of creating new lands or any structure of any kind which encroaches upon the territory.

(E) "Director" means the director of the department of natural resources.

(F) "Erosion control structure" means a structure solely and specifically designed to reduce or control lake Erie-related erosion of the shore. Examples include, but are not limited to, revetments, seawalls, bulkheads, and certain breakwaters and similar structures.

(G) "Fill" means any material used for the primary purpose of replacing lake Erie aquatic areas with dry land or changing the bottom elevation of lake Erie.

(H) "Governmental income producing facility" means any facility built in the territory managed by a governmental agency or by a contracted private management company which by the nature of the facility produces income above and beyond normal charges associated to cover operating costs. Said governmental agency shall include, but not be limited to, a county, township, village, municipality, port authority, park district or conservancy district.

(I) "Governmental non-income producing facility" means any facility built in the territory including, but not limited to, municipal water intake pipes, sewer outfall pipes, storm sewer outfall pipes, submerged cables or any other facility which is managed, owned, operated, occupied or utilized by a governmental agency for a governmental use or purpose at no charge or a nominal charge to cover operating cost. Said governmental agency shall include, but not be limited to, a county, township, village, municipality, port authority, park district, sewer district or conservancy district.

(J) "Large facility" means any semi-private or commercial facility built in the territory which exceeds four acres in total area and shall include, but not be limited to, an industrial facility such as a loading and off loading facility, an industrial water intake and an industrial water outfall, or fill to expand an upland or support facility for such use.

(K) "Lease" means a document prepared by the department containing terms and conditions for development or improvement of the territory of the state in lake Erie for a specified time, approved by the governor, and executed by the director in the manner prescribed by sections 1501.01 , 1506.11 and 5301.13 of the Revised Code.

(L) "Littoral rights" means the right of an upland property owner to make reasonable use of the waters fronting the upland property and the right to wharf out to navigable waters within the projected boundaries of the upland property, said rights being subject to the rights of the state of Ohio and the United States.

(M) "Littoral zone" means the indefinite zone between the shoreline extending lakeward to the furthermost line where waves begin to break.

(N) "Ohio coastal management program" means the comprehensive action of the state and its political subdivisions to preserve, protect, develop, restore or enhance the resources of the coastal area in accordance with established objectives, policies, standards and criteria concerning protection of the natural resources in the coastal area; management of coastal development and redevelopment; preservation and restoration of historic, cultural and aesthetic coastal features; public access to the coastal area for recreational purposes; and as otherwise described in divisions (B) and (C) of section 1506.01 of the Revised Code and the Ohio coastal management program document.

(O) "Nonpoint source management program" means the management program for controlling pollution added from nonpoint sources to the waters of the state and improving the quality of such waters submitted by the governor to the U.S. environmental protection agency and approved November 21, 1989, in accordance with section 319 of the federal water quality act of 1987 and any federally approved amendments to the program adopted in accordance with section 6217 of the coastal zone act reauthorization amendments of 1990.

(P) "Private floating dock or structure" means a dock or structure placed in the territory of lake Erie for the sole use of the upland owner for upland owner's personal benefit. Said structure or dock shall not be used for any monetary gain such as, but not limited to, dock space for rent, lease or sale.

(Q) "Public hearing" means a formal hearing conducted by the director, or designee, in which evidence may be presented and testimony given. These proceedings are recorded and an official transcript is made a part of the administrative record maintained by the department for the subject submerged lands lease application as provided for in division (C) of section 1506.11 of the Revised Code.

(R) "Public meeting" means an assembly conducted by the department, the purpose of which is to provide an opportunity for a lease applicant to explain the developments, improvements and/or activities upon lake Erie submerged lands to concerned agencies and the general public and afford an opportunity for interested parties to express any relevant issues or concerns as provided for in division (C) of section 1506.11 of the Revised Code.

(S) "Semi-private facility" means any facility built in the territory in conjunction with, but not limited to, condominiums, trailer parks, cooperatives, residential associations, campgrounds, or apartments.

(T) "Small commercial facility" means any facility built in the territory in connection with the providing of commercial services and does not occupy more than four acres of total area. A small commercial facility shall include, but not be limited to, a commercial marina, private club, yacht club, sailing club, transit ferry boat facility, or breakwalls constructed to protect inland marina channels and/or boat basin for access to lake Erie.

(U) "State resource waters" means surface waters of the state that lie within national, state and metropolitan park systems, wetlands, wildlife refuges, waters of exceptional recreational or ecological significance, and as otherwise described in state water quality standards, rule 3745-1-05 of the Administrative Code.

(V) "Structure" means any facility which requires fill being placed upon the submerged land of lake Erie, including, but not limited to, a rubble mound dock, rubble mound walk, rock filled timber crib dock, rock filled timber crib wall, pilings, steel sheet pile wall, revetment, unattached breakwall, precast concrete modular structure and riprap shore protection.

(W) "Territory" as used in these rules shall be as it is described in section 1506.10 and as it is defined in division (A) of section 1506.11 of the Revised Code. Where the territory has been artificially filled, the director shall determine the natural shoreline as accurately as possible, using the best practicable measures including, but not limited to, an analysis of the earliest known charts, maps or photographs.

(X) "Utility" shall mean any utility company regulated by; within the jurisdiction of; registered with, or licensed to do business in the state of Ohio by the public utilities commission of Ohio, that is engaged in an activity in the territory including, but not limited to, the placement of submerged cables, water intake pipes, water outfall pipes, sewer outfall pipes, storm sewer outfall pipes, and the related structures necessary for protection. This definition shall not include any existing fill or any proposed new fill used or proposed to be used for existing buildings, expansion of existing buildings, or any facilities related to the operation of the utility, including, but not limited to, electric power plants, coal storage facilities, coal loading and off loading facilities, or disposal sites for fly ash, bottom ash, dredged materials or other products.

Eff 4-30-92; 7-4-99
Rule promulgated under: RC Chapter 119.
Rule authorized by: RC 1506.02
Rule amplifies: RC 1506.10 , 1506.11
R.C. 119.032 review dates: 6/30/99, 12/30/03