1501-6-23 Permit application procedure.

(A) A person seeking to obtain a permit to erect, construct, or redevelop a permanent structure which lies or will lie, in whole or in part, on any land within a lake Erie coastal erosion area is required to file an application, accompanied by necessary supporting information, in accordance with rules 1501-6-21 to 1501-6-28 of the Administrative Code. The application shall be on a form as specified by the director, copies of which may be obtained from the department. In addition to the information to be supplied on the application form, the applicant shall also submit the supporting information described in paragraph (B) or (C) of this rule.

(B) For a proposed permanent structure protected or to be protected by an erosion control measure, the application shall include the following:

(1) A general description of the proposed permanent structure identifying its purpose; and

(2) A map of the project site that clearly shows the location of the proposed permanent structure with respect to the lake Erie shoreline; property lines; county, township, and municipal corporation boundary lines; and state, county and local roads. A United States geological survey (USGS) seven and one-half minute topographic map or portion thereof will generally meet this requirement; and

(3) A proposed schedule of construction. The schedule shall demonstrate that the erosion control measures will be constructed prior to or concurrent with the erection, construction, or redevelopment of the permanent structure; and

(4) Other pertinent information as may reasonably be determined necessary by the department to fully evaluate the application.

(C) For a proposed permanent structure when the applicant requests a permit due to exceptional hardship as described in paragraph (C)(2) of rule 1501-6-24 of the Administrative Code, the application shall include the following supporting information:

(1) The information described in paragraphs (B)(1) and (B)(2) of this rule; and

(2) Documentation that the permanent structure will be movable or will be situated as far landward as applicable zoning resolutions or ordinances permit; and

(3) Explanation of the exceptional hardship that the person seeking the authorization will suffer, if the authorization is not given.

(D) The thirty-day review period specified in paragraph (B) of rule 1501-6-24 of the Administrative Code will begin on the date the department receives a completed application and all required supporting information. Within seven working days of receipt of the application, the department shall notify the applicant, in writing, indicating the starting date for the thirty-day review period(which date shall be, as stated above, the date of receipt of the application) if the application is complete. If the application is incomplete, the department shall identify deficiencies in the application which must be corrected before the application will be considered complete. If additional information is requested, the thirty-day review period will begin on the date it is received by the department.

(E) If, during the thirty-day review period specified in paragraph (B) rule 1501-6-24 of the Administrative Code, the application is found to be inaccurate or additional information from the applicant is necessary to adequately evaluate the project, the applicant shall be notified, in writing, of the inaccuracy or additional information required. Review of the application will cease pending receipt of the necessary changes or additional information from the applicant. Upon receipt of the requested changes or additional information from the applicant, a new thirty-day review period will commence. If either the necessary changes or additional information is not provided within sixty days of the date the department requested it, review of the application will be terminated, the department shall return the application, and a new application shall be required for renewed consideration.

R.C. 119.032 review dates: 07/29/2009 and 07/25/2014

Eff 8-1-97
Rule promulgated under: RC Chapter 119.
Rule authorized by: RC 1506.07
Rule amplifies: RC 1506.07