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| Rule |
Rule 1501-6-01 | Definition of terms.
Promulgated Under:
Ch 119.
(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.
Supplemental Information
Authorized By:
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Amplifies:
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Five Year Review Date:
Prior Effective Dates:
4/30/1992
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Rule 1501-6-02 | Application.
Effective:
April 30, 1992
Promulgated Under:
Ch 119.
An application shall be deemed unacceptable by the director if it is found to have incomplete or insufficient information for proper evaluation of the development, improvement or activity upon lake Erie submerged lands. The applicant shall be notified by the director if the application is unacceptable within sixty days of its receipt by the director. Upon receipt of said notification, the applicant may resubmit a new application for evaluation. The director must, within a reasonable period of time, process the application. When the director finds that the effort to supplement the information on the application will be unavailing and that the application is not in accordance with the requirements of section 1506.10 and 1506.11 of the Revised Code and applicable rules, or that the applicant failed to respond to request for information within sixty days of notice, the director shall issue an order denying the application for a submerged lands lease, and shall notify the applicant of the opportunity for a hearing pursuant to section 119.06 to 119.13 of the Revised Code.
Supplemental Information
Authorized By:
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Amplifies:
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Five Year Review Date:
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Rule 1501-6-03 | Director's recommendations.
Effective:
April 30, 1992
Promulgated Under:
Ch 119.
(A) The director's recommendation to the governor as to whether to approve an application for a lease of submerged land shall be based upon an evaluation of whether the development, improvement or activity is consistent with the policies of the Ohio coastal management program document, in accordance with section 1506.03 of the Revised Code and does not otherwise contravene the general public's interest in lake Erie submerged lands, waters of the state, fish and wildlife, or cultural or other public trust resources. Notwithstanding the policies of the Ohio coastal management program document, the director, in said evaluation, shall give due consideration to any artificially filled area or filled portion of any area of the territory or any development, improvement or activity thereon existing on March 15, 1989, as set forth in this rule. (B) Consistent with the protection of coastal area resources, the department will coordinate policies and decision-making with the rules and policies of other state and federal resource and regulatory agencies. In considering an application for a submerged lands lease, the department may solicit comments and relevant information from adjacent property owners, port authorities, local jurisdictions and planning agencies, the Ohio environmental protection agency, the Ohio historic preservation office, the general public and other agencies or individuals as deemed appropriate by the director. (C) The department in determining whether the development, improvement or activity as set forth in an application for a lease will be compatible with the rights of the public and the public trust uses of the affected area will consider the following: (1) Whether the project prejudices the littoral rights of any owner of land fronting on lake Erie without permission of that owner. (2) Whether the project conforms to the permitted uses as regulated by the local government, where applicable. (3) Whether public uses such as, navigation, water commerce, and fishing in the affected area would be destroyed or greatly impaired. (4) Whether the diminution of the area of original use would be small compared to the use of the entire area. (5) Whether the area has a history of use including, but not limited to, services rendered to the general public. (D) In addition to any other laws or rules administered by any other state, local or federal agency, these are the criteria, if applicable, against which each application for a lease of submerged lands will be evaluated: (1) WATER DEPENDENCY Generally, an application for a lease to place fill and/or to construct facilities in the territory for a non-water dependent development or activity (i.e. an improvement which by its nature does not depend on being located in or upon the water) will not be approved. An exception to this water dependency criterion would be an improvement in the territory which is beneficial and important to the general public's health, safety or welfare as determined by the director. Under this exception, there shall be no practicable alternative to the improvement including an alternative upland site, and all reasonable measures shall be undertaken by the applicant to minimize any adverse impacts upon the waters and underlying lands of lake Erie and the beneficial functions these resources perform. This criterion shall not apply to a lease application for development of the territory where the territory has been artificially filled prior to March 15, 1989. (2) PROTECTION OF ENVIRONMENTAL QUALITY The director may require an environmental impact assessment or other information in order to determine the probable direct, secondary and cumulative impacts of the development, improvement or activity upon the natural and human environment. With regard to any artificially filled area or filled portion of any area of the territory existing on March 15, 1989, the requirement for an environmental impact assessment shall be limited to any new development, improvement or activity or any change in an existing development, improvement or activity on said area of the territory. The environment impact assessment shall include, but not be limited to, the following issues: (a) Potential impact upon air and water quality; (b) The likelihood that the development, improvement or activity may affect historic, cultural and aesthetic resources; (c) Open space or recreational uses of the shoreline where increased access to the shorefront is a particularly important concern; (d) Floral and faunal communities where loss of biological resources or threats to endangered or threatened species are of particularly important concern. (e) Potential impact upon wetlands, or other state resource waters. (f) Potential impact upon the littoral zone including sand transport. (g) The potential individual and cumulative impacts of the lease activity in conjunction with other similar activities in the project area or geographic region will be considered. To the maximum extent practicable the department's review of a lease application will utilize information and findings which may be developed in the public review process conducted by the U.S. department of the army, corps of engineers for authorization of activities in navigable waters, the section 401 water quality certification by the director of the Ohio environmental protection agency, and the consistency reviews of the state under the Ohio coastal management and nonpoint source management programs. (3) PUBLIC RECREATION. The potential impact of any development, improvement or activity upon the public right of recreation, including present or prospective recreational uses by the public during the term of the lease, will be evaluated. Provision for public access may be required as a condition of a lease or permit depending upon historic use patterns and suitability of the lease site for existing or prospective recreational uses. (4) RELATIONSHIP TO PLANS FOR PORT DEVELOPMENTS, COMMERCIAL NAVIGATION AND URBAN WATERFRONT DEVELOPMENT. The department in determining the compatibility of the development, improvement or activity with existing waterfront master plans, local land use plans and regulations and any other relevant plans or programs adopted by local or regional authorities, will consider the following: (a) Whether the development, improvement or activity assists in the redevelopment of deteriorating urban waterfronts and ports, and is sensitive to the preservation and restoration of historic, cultural and aesthetic coastal features. (b) Whether the development, improvement or activity allows for public access to the waterfront for recreational purposes consistent with orderly coastal-dependent uses. The potential for a development, improvement or activity in the territory to directly or indirectly, preempt future public access to the coast or waters of lake Erie will be examined. (c) To the maximum extent practicable, priority consideration will be given to new commercial and port-related developments, improvements or activities in or adjacent to areas where such development, improvement or activity already exists. (d) The importance of the development, improvement or activity to the local and regional economy. Interstate commerce and any other identified national, state or great lakes region interest which would be affected by the development, improvement or activity will be considered. To this end, documentation of relevant intergovernmental consultation may be supplied by the applicant. (e) The history of pre-existing uses including, but not limited to, services to the general public. To the maximum extent practicable, consideration shall be given to such uses on any artificially filled area or filled portion of any area of the territory existing on March 15, 1989.
Supplemental Information
Authorized By:
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Amplifies:
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Five Year Review Date:
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Rule 1501-6-04 | Public hearing/public meeting.
Effective:
April 30, 1992
Promulgated Under:
Ch 119.
At any time during the lease application review period or upon completion of the department's evaluation, if the director finds that there is insufficient information upon which to base a decision, or if there are significant unresolved issues, the director may request the applicant to supply additional information and may declare that a public hearing or a public meeting be held to obtain the necessary information. (A) If a public hearing is scheduled, said hearing shall be held at a time and place designated by the director. The hearing shall be of a formal nature. A court reporter shall be present and all parties shall have an opportunity to present evidence and/or provide testimony. Notice of said hearing shall be advertised in accordance with division (C) of section 1506.11 of the Revised Code. All costs pertaining to the hearing, including but not limited to the court reporter and advertisement, shall be paid by the applicant. (B) If the director determines that a public meeting would serve to provide sufficient information to supplement the administrative record and support a decision whether or not a lease may properly be entered into, the director shall order a public meeting to be held in the geographic locality of the applicant's lease request. Notice of said public meeting shall be advertised in a manner to be determined by the director. All costs of the meeting shall be paid by the applicant. (C) The public hearing or public meeting shall be limited to the gathering of information which directly pertains to the application in question and to the evaluation of the development, improvement or activity in accordance with section 1506.11 of the Revised Code and rules contained herein.
Supplemental Information
Authorized By:
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Amplifies:
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Five Year Review Date:
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Rule 1501-6-05 | Lease.
Promulgated Under:
Ch 119.
A lease for lake Erie submerged land shall be prepared by the department of natural resources and shall contain, but not be limited to, language which reflects the following: (A) A metes and bounds description of the submerged land to be occupied or an alternate description referenced to the applicant's upland property description that is considered adequate by the director as provided by the applicant. (B) The director shall set the period of time (term) of the lease. The term of the lease shall be fifty years unless the director recommends a longer or shorter term. Should the director recommend a lease term less than or greater than fifty years, the director shall state in writing the specific findings, rationale and justification for the differential in setting the term. Applicant shall have the right of appeal in accordance with sections 119.06 to 119.13 of the Revised Code. (C) A complete description of the development, improvement or activity upon the submerged lands. Said clause shall contain the following "any change in use approved by the director, Ohio department of natural resources, may also result in a re-evaluation of the rent. Said lease shall be amended to reflect the proper rent as assigned by the director, based upon the new use," or words of similar import. (D) There shall be no assignment, sublease or mortgage of the leasehold without the expressed written consent of the director, which consent shall not be unreasonably withheld or unreasonably conditioned. (1) A written request to assign, sublet, or mortgage shall be delivered by the lessee to the director not less than ninety days prior to the proposed effective date thereof, and the director shall respond within thirty days of the director's receipt of such request. Any assignment shall be held in escrow by the closing officer of the title company, bank, or attorney until the sale of the uplands has been completed. Should the sale not be consummated then the assignment shall automatically be null and void. If the director fails to act in any manner within ninety days of the receipt of the written request, then the request shall be deemed approved by the director. (2) Rent and other lease terms shall be subject to revision at time of assignment. (3) Applicants for the director's consent to sublease, assign or mortgage shall be entitled to an administrative review of and appeal from any decision of the director pursuant to section 119.06 of the Revised Code. (E) Each lease area shall be subject to the public's right to navigation in and around any structures covered in the lease. However, the public's right of navigation is limited to the extent that it does not interfere with lessee's safe use of lessee's structure. (F) No lessee shall refuse, during storms or other adverse conditions, safe harbor refuge to any vessel seeking such refuge, provided that the harbor can safely accommodate such vessel. (G) Each lease shall require adequate liability insurance or self insurance documentation for lessee, municipal corporations or political subdivisions of the state for lessee's development, improvement or activity in the territory and lessee's occupation of the territory. Minimum limits of liability insurance shall be established by the department and shall contain a clause naming the state of Ohio as additional insured. (H) Each lease shall be subject to any and all local, state or federal laws or regulations. The issuance of the lease does not release the lessee from obtaining any and all other permits or documents from any local, state or federal agency as required for the use of the territory. Failure to obtain any required permits or documents shall be a violation of the lease and subject to cancellation under the default provisions therein.
Supplemental Information
Authorized By:
–
Amplifies:
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Five Year Review Date:
Prior Effective Dates:
4/30/1992
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Rule 1501-6-06 | Rental.
Promulgated Under:
Ch 119.
The rent rates herein determined shall be applied equally throughout the entire lake Erie shoreline, including Sandusky bay, Maumee bay and the islands. Rates will be determined by the director using the description of the development, improvement or activity provided by the applicant according to the following schedule: (A) Existing fill - any artificially filled area or filled portion of any area of the territory existing on March 15, 1989, shall be charged $0.01 per square foot per year for the term of the lease or renewals. This rental rate shall apply only to the use of the filled area as it existed on March 15, 1989. If the lessee or its assigns change the use of the filled area, the rent may be modified to reflect the rent rate in effect for the new use at the time of the change of use. The rental rate for any artificially filled area of the territory existing on March 15, 1989, which qualifies as a governmental non-income producing facility as determined by the director, shall be $1.00 per year. (B) Private floating dock - $50 per year. (C) Private structure - $50 plus $0.02 per square foot of leased area per year. (D) Private erosion control structure - $50 plus $0.01 per square foot of leased area for the first year, and $0.01 per square foot of leased area per year thereafter. This rental rate shall be applied to all qualifying leases, or qualifying portion of the leased area for leases executed on or after the effective date of this rule. For existing leases executed after the April 30, 1992 effective date of the original rules, this lease rate will apply upon the rent renewal date for the lease, unless the lease is modified prior to such date. This rate shall not apply to leases executed prior to April 30, 1992 unless the lease is modified on or after the effective date of this rule. (E) Semi-private and small commercial facility occupying no more than four acres - $0.03 per square foot of leased area per year. (F) Large facility and an industrial facility - $0.04 per square foot of the leased area per year. (G) Utility - $500 per year. (H) Governmental income producing facility shall pay the rent for the category of the facility. (I) Governmental non-income producing facility shall pay $1.00 per year. Where practicable, a lease for all such governmental uses or purposes shall be covered in one instrument for each political subdivision. (J) "Escalator clause" - the rental rates as provided for in paragraphs (B) to (H) of this rule, shall be recalculated every five years beginning on the fifth anniversary of the effective date of this rule and any increase shall be at the same rate of increase as the "National Consumers Price Index" (C.P.I.). The annual base rate for calculation purposes shall be the rate established by the U.S. department of labor for the city of Cleveland, Ohio, urban, all categories (C.P.I.U.) for February, 1992. That annual base rate is 136.2. The new rate shall be most recent C.P.I.U. annual rate established to the nearest month prior to the date of recalculation by the U.S department of labor. Once the new annual rate has been determined and the amount of increase has been calculated, then the new annual rate shall become the base annual rate for calculation purposes for the next five year period of time. This change in rates shall continue until such time as the C.P.I.U. is no longer used or the director determines that another method may be more accurate. The rental rate percentage increase shall be the lesser of the following: (1) The base annual rate shall be subtracted from the new annual rate, the base rate shall be divided into the difference between the base rate and the new rate and the answer will be the percentage of increase or decrease over that five year period of time: | example: | new rate (nr) | 140.2 | | - base rate (br) | 136.2 | | ___________ | _____ | | difference (df) | 4.0 | | | | | df 4.0 | | | ___________ | = .0293 or 2.93% increase | | br 136.2 | |
current rent: $10,000.00 .0293 increase = $293.00 new rent: $10,293.00 (2) At no time shall the increases of the rental rate exceed 20 percent in any given five year period of time, nor shall the aggregate increase of the rental rate exceed 150 percent over the term of the lease. Also at no time shall the rental rate charged in any lease written by the state of Ohio pursuant to sections 1506.10 and 1506.11 of the Revised Code or by these rules be lowered. Should the United States department of labor discontinue the use of C.P.I. the director shall select as nearly compatible a statistical formula on the purchasing power of the consumer dollar as is then available and published in some responsible governmental publication. This escalator method shall not affect the rent charged under paragraph (A) of this rule existing fill or paragraph (H) of this rule governmental non-income producing facility.
Supplemental Information
Authorized By:
–
Amplifies:
–
Five Year Review Date:
Prior Effective Dates:
4/30/1992
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Rule 1501-6-10 | Definitions.
Promulgated Under:
Ch 119.
(A) "Annual recession rate" means the average rate, expressed in feet per year, at which the recession line moves landward. The annual recession rate shall be based on a time period not less than ten years nor greater than thirty years prior to the year that the base-map imagery was acquired. In no case shall the annual recession rate used to calculate the anticipated recession distance be less than zero. (B) "Anticipated recession distance" means the center-weighted moving average of distances, equal to thirty times the annual recession rate, as determined at five consecutive transects. Anticipated recession distances less than thirty times the "calculated accuracy limit" (refer to paragraph (H) of this rule) shall be equal to zero. (C) "Barrier beach" means a narrow, elongate sand ridge rising above lake level and extending generally parallel with the mainland shore, but separated from it by a body of water or a wetland. (D) "Base recession line" means the recession line mapped from synoptic aerial photography, remote sensing imagery, digital data, or maps used to create the recession-line base map upon which coastal erosion areas are designated. The coastal erosion area shall be designated by measuring anticipated recession distances from the base recession line. (E) "Beach" means a zone of unconsolidated material that extends landward from the shoreline to the toe of the bluff or dune. Where no bluff or dune exists, the landward limit of the beach is either the line of permanent vegetation or the place where there is a marked change in material or physiographic form. (F) "Bluff" means a bank or cliff with a precipitous, steeply sloped face adjoining a beach or a body of water. (G) "Bluff line" means the point of inflection where the slope of the upland surface changes to begin its descent to the beach or shoreline. (H) "Calculated accuracy limit" means the potential error in recession rate resulting from the limit of image resolution and measurement inaccuracies and shall be calculated by dividing a fixed error of five feet by the time period in years over which the annual recession rate is calculated. (I) "Coastal erosion area" means those land areas along lake Erie anticipated to be lost due to lake Erie-related erosion within a thirty-year period if no additional approved erosion control measures are completed within that time. These areas include land lakeward of the base recession line where anticipated recession distances are greater than zero and extend landward from the base recession line for a distance equal to the anticipated recession distance. Where anticipated recession distances are equal to zero, coastal erosion areas shall not be designated either lakeward or landward of the base recession line. (J) "Dike" means any artificial barrier together with appurtenant works that shall be used either to: (1) Divert or restrain the flow of a stream or other body of water for the purpose of protecting an area from inundation by flood waters; or (2) Maintain water levels in the diked area for the purposes of managing a wetland. (K) "Dune" means a ridge or hill of loose, windblown sand, the crest of which typically trends parallel to the shoreline. (L) "Erosion" means the loss or displacement of land along the lakeshore due to wave attack, ice scour, mass wasting, or other related erosion processes. (M) "Erosion control measure" means a structure or actions specifically designed to reduce or control lake Erie-related erosion of the shore. Examples include, but are not limited to, groins, jetties, dikes, seawalls, revetments, bulkheads, breakwaters and artificially nourished sand and/or gravel beaches. (N) "Fill land" means artificial land made by placing substantial fill and associated erosion control measures in lake Erie. (O) "Mass wasting" means the downslope movement of material due to gravity. Examples of mass wasting include but are not limited to rotational slumps, debris flows, block falls, and rock falls. (P) "Recession" means the landward retreat of the shore due to erosion. (Q) "Recession distance" means the distance between two recession lines. The recession distance shows how far the "recession line" (refer to paragraph (R) of this rule) receded during a given time period. (R) "Recession line" means the landform used for mapping recession of the shore, which shall include but is not limited to: (1) Where the shore is a bluff, the recession line shall be the bluff line. Examples are shown in figure 1 of this rule. (2) Where the shore is a sand spit with a dune or a barrier beach with a dune, the recession line shall be the top of the wave-cut face in the dune or the crest of the dune. (3) Where the shore is a low-lying sand spit lacking a dune or a barrier beach lacking a dune, the recession line shall be the crest of the spit or barrier. (4) Where the shore is a wetland, the recession line shall be the lakeward line of persistent emergent vegetation. (5) Where the shore is diked, the recession line shall be the top of the lakeward-facing slope of the dike. (6) Where low-lying waterfront areas are protected by a seawall, bulkhead, or revetment, the recession line shall be the top of the lakeward-facing slope of the structure. (S) "Sand spit" means a narrow embankment of land composed of sand and gravel deposited by littoral processes which has one end attached to the shore and the other terminating in open water. (T) "Shore" means the land bordering the lake. (U) "Shoreline" means the line of intersection of lake Erie with the beach or shore. (V) "Wetland" means an area that is inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, vegetation typically adapted for life in saturated soil conditions. Wetland includes without limitation swamps, marshes, bogs, and fens.
Supplemental Information
Authorized By:
–
Amplifies:
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Five Year Review Date:
Prior Effective Dates:
9/8/1991
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Rule 1501-6-11 | Determination of annual recession rates.
Promulgated Under:
Ch 119.
The process of determining annual recession rates shall include preparation of recession-line base maps, measurement of recession distances on the recession-line maps, and calculation of annual recession rates. (A) Recession-line maps shall be prepared using the following procedure. (1) Base maps shall be constructed using the most currently available imagery. Types of base-map imagery may include, but are not limited to, aerial photographs, remote sensing imagery, digital data, or some combination thereof. Criteria used to select base-map imagery shall include, but are not limited to, complete synoptic coverage of the Ohio shore where the shore is centrally located on the images, adequate geographic reference points, and resolution that is adequate to map a base recession line and identify cultural and physiographic features on the imagery. (2) The resulting base maps shall be produced at a nominal scale of one inch equal to two hundred feet; the scale of the base maps shall be verified with field measurements not less than five hundred feet in length, and the true scale in feet shall be noted on each individual base map. (3) A base recession line shall be mapped on the recession-line base maps as described in paragraph (R) of rule 1501-6-10 of the Administrative Code. (4) Historical imagery used to prepare recession-line maps shall be selected from charts, aerial photographs, or other imagery of the shore which are on file at the department of natural resources, division of geological survey. Criteria used to select this imagery for recession-line mapping shall include but are not limited to those criteria listed in paragraph (A)(1) of this rule. Imagery shall be acquired within a time period of not less than ten years nor greater than thirty years prior to the year that the base-map imagery was acquired. (5) Recession lines from charts, aerial photographs, or other imagery shall be projected or digitally transferred onto the base maps. (B) Recession distances shall be measured at points uniformly spaced along the base recession line. The recession distance at each point shall be measured from the base recession line along a transect oriented at a right angle to the general trend of the base recession line (figure 1). Each transect shall be uniquely identified and the measured recession distance shall be recorded and used to calculate the annual recession rate. (C) For each transect, the annual recession rate in feet per year shall be calculated by dividing the measured recession distance by the time period in years between the recession lines. The minimum annual recession rate shall be zero feet per year.
Supplemental Information
Authorized By:
–
Amplifies:
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Five Year Review Date:
Prior Effective Dates:
9/8/1991
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Rule 1501-6-12 | Determination of anticipated recession distances.
Promulgated Under:
Ch 119.
The anticipated recession distance in feet for each transect shall be the center-weighted moving average of distances equal to thirty times the annual recession rate in feet per year as determined at five consecutive transects where: (1) the distances for the two outer transects shall be weighted by a factor of one; (2) the distances for the two inner transects shall be weighted by a factor of three; and (3) the distance for the center transect shall be weighted by a factor of five (figure 1). Anticipated recession distances less than thirty times the calculated accuracy limit shall be equal to zero. In no case shall the anticipated recession distance be less than zero.
Supplemental Information
Authorized By:
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Rule 1501-6-13 | Preparation of coastal erosion area maps.
Promulgated Under:
Ch 119.
Coastal erosion areas shall be delineated on coastal erosion area maps. (A) Where coastal erosion areas are identified, such areas shall include land lakeward of the base recession line and all land that extends landward of the base recession line for a distance equal to the anticipated recession distance. Where anticipated recession distances are equal to zero, a coastal erosion area shall not be designated, either lakeward or landward of the base recession line. (1) The landward boundary of a coastal erosion area shall be delineated by plotting on each transect a point landward from the base recession line equal to the anticipated recession distance as determined in rule 1501-6-12 of the Administrative Code and then drawing straight lines between these points (figure 1). (2) Where one transect has a positive anticipated recession distance and an adjacent transect has a zero anticipated recession distance, the coastal erosion area boundary shall be delineated as follows. A boundary line shall be drawn between the positive anticipated recession distance on the one transect to the base recession line position on the adjacent transect (figure 2). At the point where the distance between the boundary line and the base recession line equals the calculated accuracy limit, the boundary line shall turn lakeward. The lakeward extension of the boundary line shall extend to the shoreline and shall be spaced proportionately between the transects (figure 2). (B) The preliminary identification of coastal erosion areas shall be shown on recession-line base maps described in paragraph (A) of rule 1501-6-11 of the Administrative Code as areas bounded on the lakeward side by the shoreline and on the landward side by a line (coastal erosion area line) drawn pursuant to paragraphs (A)(1) and (A)(2) of this rule. The base recession line and the recession line used to determine annual recession rates and anticipated recession distances as prescribed in paragraph (A)(4) of rule 1501-6-11 of the Administrative Code shall also be shown on the recession-line base maps (figure 3). (C) Final identification of coastal erosion areas shall be shown on the recession-line base maps described in paragraph (A) of rule 1501-6-11 of the Administrative Code as areas bounded on the lakeward side by the shoreline and on the landward side by a line drawn pursuant to paragraphs (A)(1), (A)(2), and (B) of this rule. This final identification shall show the boundaries of coastal erosion areas as they existed at the time the base-map imagery was acquired. Subsequent to the final identification, the landward extent of a coastal erosion area shall be determined by measuring the anticipated recession distance from the current base recession line defined in paragraph (R) of rule 1501-6-10 of the Administrative Code. Recession rates and anticipated recession distances shall be provided by the department of natural resources with coastal erosion area maps.
Supplemental Information
Authorized By:
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Amplifies:
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Five Year Review Date:
Prior Effective Dates:
9/8/1991
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Rule 1501-6-21 | Definitions.
Effective:
August 1, 1997
Promulgated Under:
Ch 119.
The following definitions shall apply to the terms used in rules 1501-6-21 to 1501-6-28 of the Administrative Code. (A) "Applicant" means the owner of the property to be improved or an authorized agent for said property owner. (B) "Application" means the signed and completed application form and all supporting information required to be submitted to apply for a permit to erect, construct, or redevelop a permanent structure in a lake Erie coastal erosion area pursuant to section 1506.07 of the Revised Code. (C) "Coastal erosion area" means those land areas along lake Erie anticipated to be lost due to lake Erie-related erosion within a thirty-year period if no additional approved erosion control measures are completed within that time, as defined in rule 1501-6-10 of the Administrative Code. (D) "Construct" means to build, form, or assemble a new permanent structure. (E) "Department" means the department of natural resources. (F) "Director" means the director of the department of natural resources, or the director's designee. (G) "Erect" means construct. (H) "Erosion control measure" means a structure or actions specifically designed to reduce or control lake Erie-related erosion of the shore. Examples include, but are not limited to, groins, jetties, dikes, seawalls, revetments, bulkheads, breakwaters and artificially nourished sand and/or gravel beaches. (I) "Existing structure" means a permanent structure which existed or upon which construction had begun prior to the effective date of enforcement of these rules as described in paragraph (C) of rule 1501-6-22 of the Administrative Code. (J) "Movable structure" means a permanent structure designed, sited, and constructed to be readily relocated at minimum cost and with minimum disruption of its intended use. Access to and from the site shall be of sufficient width and acceptable grade to permit the structure to be relocated. Mobile homes and structures built of above-ground stud wall construction on skids or on piling, or on basement or crawl space foundations are examples of movable structures. Septic systems and structures with above-ground walls of masonry, concrete, or related materials are not movable structures. (K) "Permanent structure" means any residential, commercial, industrial, institutional, or agricultural building, any manufactured home as defined in section 4501.01 of the Revised Code, and any septic system that receives sewage from a single-family, two-family, or three-family dwelling, but does not include any recreational vehicle as defined in section 4501.01 of the Revised Code. An addition to any existing residential, commercial, industrial, institutional, or agricultural building, or any manufactured home, will be considered a permanent structure if the ground level area of the addition is greater than or equal to 500 square feet. An appurtenant structure to any residential, commercial, industrial, institutional, or agricultural building, or any manufactured home, that is not integral to the building's structure, such as a patio or deck, will not be considered a permanent structure. Stand-alone, uninhabitable, structures such as gazebos, picnic shelters, garages and storage or tool sheds will not be considered permanent structures. (L) "Permit" means a form signed by the director authorizing a person to erect, construct, or redevelop a permanent structure which lies or will lie, in whole or in part, on land within a lake Erie coastal erosion area. (M) "Person" means any agency of this state, any political subdivision of this state or of the United States, and any legal entity defined as a person under section 1.59 of the Revised Code. (N) "Redevelop" means to remove and replace an entire existing permanent structure, or to build a new permanent structure on an existing foundation.
Supplemental Information
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Rule 1501-6-22 | Applicability of the permit requirements for construction of a permanent structure.
Effective:
August 1, 1997
Promulgated Under:
Ch 119.
(A) In accordance with the provisions of division (B) of section 1506.07 of the Revised Code and the administrative rules adopted pursuant to division (A) of section 1506.07 of the Revised Code, a permit shall be required for the erection, construction, or redevelopment of a permanent structure which lies or will lie, in whole or in part, on any land within a lake Erie coastal erosion area as defined in section 1506.06 of the Revised Code and rules 1501-6-10 to 1501-6-13 of the Administrative Code. (B) A permit is not required under division (B) of section 1506.07 of the Revised Code for erection, construction, or redevelopment of a permanent structure which is or will be located within any county or municipal corporation that has adopted and is enforcing a lake Erie coastal erosion area resolution or ordinance within its zoning or building regulations, provided that the resolution or ordinance has been determined to be acceptable by the director under division (D) of section 1506.07 of the Revised Code. (C) A permit is not required under division (B) of section 1506.07 of the Revised Code for erection, construction or redevelopment of a permanent structure if any other required permit was issued or plan was approved for that erection, construction or redevelopment by any state agency, political subdivision of this state, or federal agency prior to any of the following: (1) The effective date of these rules; (2) The date the director notifies each municipal corporation, county, and township of the final identification of the coastal erosion areas pursuant to section 1506.06 of the Revised Code; (3) The date the director adopts the coastal management program document pursuant to section 1506.02 of the Revised Code. (D) A permit is not required under division (B) of section 1506.07 of the Revised Code for erection, construction, or redevelopment of a permanent structure on any parcel of land that is not adjacent to lake Erie.
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Rule 1501-6-23 | Permit application procedure.
Effective:
August 1, 1997
Promulgated Under:
Ch 119.
(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.
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Rule 1501-6-24 | Review of permit application.
Effective:
August 1, 1997
Promulgated Under:
Ch 119.
(A) Pursuant to the requirements of division (B) of section 1506.07 of the Revised Code, the department shall review each application for a permit as described in paragraph (B) of rule 1506-6-23 of the Administrative Code to evaluate the existing or proposed erosion control measures. Factors to be considered in the evaluation of an erosion control measure shall include, but not be limited to, the following: (1) The potential individual or cumulative impact, including any adverse effects on sand resources and coastal processes; and (2) The potential for accelerating erosion along the adjacent shoreline; and (3) The stability of the existing or proposed slope; and (4) The effectiveness of existing erosion control measures at the proposed site and along the adjacent shoreline; and (5) The integrity of the existing or proposed erosion control measure, its appurtenances and component materials; and (6) The effectiveness of proposed structural and/or nonstructural measures to protect the permanent structure. (B) Within thirty days after receipt of a complete application, the director shall notify the applicant that the application is either approved or denied. If an application is approved, the director shall issue a permit, as specified in rule 1501-6-25 of the Administrative Code, to erect, construct, or redevelop the permanent structure. If an application is denied, the director shall notify the applicant of the reason for denial and of the applicant's appeal rights under section 1506.08 of the Revised Code. (C) The director shall issue a permit to an applicant if: (1) The proposed site is or will be protected by effective erosion control measures as determined according to criteria in paragraphs (A)(1) through (A)(6) of this rule, or (2) Both of the following criteria are met: (a) The permanent structure will be a movable structure or will be situated as far landward as applicable zoning resolutions or ordinances permit; and (b) The applicant will suffer exceptional hardship if the permit is not granted. (D) Issuance by the director of a permit to erect, construct or redevelop a permanent structure pursuant to division (B) of section 1506.07 of the Revised Code does not release the applicant from obtaining any and all other permits, leases or documents from any local, state or federal agency for the permanent structure or for the erosion control measures.
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Rule 1501-6-25 | The permit to erect, construct, or redevelop a permanent structure.
Effective:
August 1, 1997
Promulgated Under:
Ch 119.
(A) A permit to erect, construct, or redevelop a permanent structure which lies or will lie, in whole or in part, in a lake Erie coastal erosion area shall be issued by the director after approval of the application required by rule 1501-6-23 of the Administrative Code. The permit shall be valid for a period of two years from the date of issue unless specified otherwise pursuant to provisions of this rule. No construction shall be performed until the permit is issued by the director. (B) The permit shall include conditions, as necessary, to assure that construction of the permanent structure and any erosion control measure is in compliance with the approved application. (C) If the proposed construction schedule required by rule 1501-6-23 of the Administrative Code exceeds a period of two years, the director may issue, on written request of the applicant, a permit which is valid for a longer period. (D) If the permit expires before construction has begun, no construction shall be performed, and a new application with supporting information, as prescribed by rule 1501-6-23 of the Administrative Code, shall be submitted for renewed consideration. (E) If, after construction has begun, a revised construction schedule shows that the permit will expire before construction is completed, the director, on written request of the applicant, may extend the life of the permit. No extension shall be granted unless the applicant has demonstrated to the satisfaction of the director that substantial effort has been made to complete the construction. (F) A single permit may be issued to an applicant for the purpose of authorizing the erection, construction, or redevelopment of more than one permanent structure on a single parcel or on contiguous parcels of property owned by the applicant.
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Rule 1501-6-26 | Inspection procedures.
Effective:
August 1, 1997
Promulgated Under:
Ch 119.
(A) The director or the director's authorized representative may make inspections during construction to ensure that the permanent structure and any erosion protection measures are being built or undertaken in compliance with the permit issued pursuant to division (B) of section 1506.07 of the Revised Code. The applicant shall be given reasonable prior notice of an inspection by the department, and all inspections shall be performed at reasonable times for conducting business. (B) If an inspection reveals that any erection, construction, or redevelopment of a permanent structure is being conducted without a permit or in violation of the permit or that a required erosion protection measure is not in compliance with the permit, the director or the director's authorized representative may order that all work shall cease until the violation has been corrected to the satisfaction of the director. The director's order shall be in writing and shall indicate the specific nature of the violation. The order shall remain in effect until the violation has been corrected to the satisfaction of the director or the director's authorized representative. The person to whom an order is issued shall be afforded an adjudication hearing pursuant to Chapter 119. of the Revised Code. The director shall sustain the order if deemed appropriate after each person allegedly liable has had a hearing or has waived the right to a hearing.
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Rule 1501-6-27 | Review of administrative and enforcement activities of counties or municipal corporations which have adopted lake Erie coastal erosion area resolutions or ordinances.
Effective:
August 1, 1997
Promulgated Under:
Ch 119.
(A) Beginning on the thirty-first day of January following the director's notice that the lake Erie coastal erosion area resolution or ordinance of a county or municipal corporation meets or exceeds the standards of division (B) of section 1506.07 of the Revised Code, and every two years thereafter, the legislative authority of the county or municipal corporation shall submit to the director, on a form provided by the department, a report of the county's or municipal corporation's relevant administrative and enforcement activities during the previous two years. (B) The department shall review the reports to assure compliance with section 1506.07 of the Revised Code including, but not limited to, verification of the locations of permitted permanent structures relative to coastal erosion areas. (C) If, at any time, the director determines that a lake Erie coastal erosion area resolution or ordinance adopted by a county or municipal corporation is being inadequately administered or enforced, the director shall so notify the legislative authority of the county or municipal corporation, identifying the scope of the administrative or enforcement deficiencies and the procedure established in paragraph (D) of this rule for the legislative authority's response. (D) After the director notifies the affected legislative authority of the deficiency, the following procedure shall apply: (1) Within thirty days of the date of mailing of the director's notice that the resolution or ordinance is being inadequately administered or enforced, the legislative authority of the county or municipal corporation shall respond, in writing, to the director, addressing the identified deficiencies and describing with specificity any proposed remedies thereto. (2) Within thirty days of the date of mailing of the written response from the legislative authority of the county or municipal corporation, the director shall make a final determination as to whether or not the legislative authority's response adequately addresses the identified deficiencies and provides for their correction. (3) If the director makes a final determination that a lake Erie coastal erosion area resolution or ordinance is being inadequately administered or enforced by a county or municipal corporation, the permit requirements of division (B) of section 1506.07 of the Revised Code shall be reinstated within the territory of the affected county or municipal corporation. (4) During any period in which the director has determined that a lake Erie coastal erosion area resolution or ordinance adopted by a county or municipal corporation is being inadequately administered or enforced, all applications to erect, construct, or redevelop a permanent structure in a lake Erie coastal erosion area shall be subject to joint review by the director and the county or municipal corporation. During this period, the county or municipal corporation shall not issue any permit for construction, erection, or redevelopment of a permanent structure which lies or will lie, in whole or in part, in a lake Erie coastal erosion area without the specific written approval of the director. The period of joint review shall commence on the fifth day after the date of mailing of the director's notice of deficiency and shall be effective until such time as the director is satisfied that any identified deficiencies have been adequately addressed by the legislative authority of the county or municipal corporation.
Supplemental Information
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Rule 1501-6-28 | Severability.
Effective:
August 1, 1997
Promulgated Under:
Ch 119.
The invalidation by a court of a rule adopted or amended pursuant to section 1506.07 of the Revised Code shall not affect the validity of any other rule or portion thereof adopted or amended thereunder by the director.
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