Chapter 901:10-6 | Public Notice and Information

Rule 901:10-6-01 | Notice.

• Effective: November 1, 2026
• Promulgated Under: 119.03

(A) Notice by publication.

(1) Notices in general. All notices required or authorized by section 903.09 of the Revised Code shall be published once in a newspaper having general circulation in the county in which the concentrated animal feeding facility is located or proposed to be located. Publication shall be done at least thirty days prior to a public meeting. Public notice is complete upon publication.

Public notice will be given for any draft general permit to operate to be issued by the director. Since general permits to operate are written to cover one or more categories of concentrated animal feeding facilities within a geographic area, political area, or any other appropriate combination of boundaries, the director may give one or more notices in newspapers of general circulation for those geographic areas, political areas, or other appropriate combination of boundaries identified in the general permit to operate.

(2) The director shall publish notice and provide at least thirty days for public comment of the issuance of a draft permit to install or draft permit to operate once in a newspaper of general circulation in the county in which the facility is located or proposed to be located.

(3) The director shall publish notice of the issuance of a final permit once in a newspaper of general circulation in the county in which the facility is located or proposed to be located.

(4) The director shall give public notice and provide at least thirty days for public comment of the proposed action to deny, modify, revoke and reissue, or terminate a permit to install or permit to operate.

(B) Notice by mail.

(1) The director shall mail notice of the issuance of a draft permit to install or draft permit to operate, a copy of the draft permit to install or draft permit to operate, and applicable fact sheet to the following:

(a) The owner or operator;

(b) The board of county commissioners of the county, the board of township trustees of the township, the local board of health, and the local soil and water conservation district in which the facility is located or proposed to be located;

(c) The owners or operators of public water systems, as that term is defined in section 6109.01 of the Revised Code, that have a surface water intake structure located within ten miles downstream of the facility or proposed facility described in the draft permit to install or draft permit to operate; and,

(d) To any person on the state or county interested parties list described in rule 901:10-6-06 of the Administrative Code.

(2) The director shall mail notice of the proposed action to deny, modify, revoke and reissue, or terminate a permit to install or permit to operate and a copy of the proposed action to the following:

(a) The owner and operator;

(b) The board of county commissioners of the county, the board of township trustees of the township, the local board of health, and the local soil and water conservation district in which the facility is located or proposed to be located;

(c) The owners or operators of public water systems, as that term is defined in section 6109.01 of the Revised Code, that have a surface water intake structure located within ten miles downstream of the facility or proposed facility described in the draft permit to install or draft permit to operate; and,

(d) To any person on the state or county interested parties list described in rule 901:10-6-06 of the Administrative Code.

(3) The director shall mail notice of any public meeting required under division (C) of section 903.09 of the Revised Code to the following:

(a) The owner and operator;

(b) The board of county commissioners of the county, the board of township trustees of the township, the local board of health, and the local soil and water conservation district in which the facility is located or proposed to be located;

(c) The owners or operators of public water systems, as that term is defined in section 6109.01 of the Revised Code, that have a surface water intake structure located within ten miles downstream of the facility or proposed facility described in the draft permit to install or draft permit to operate; and

(d) To any person on the state or county interested parties list described in rule 901:10-6-06 of the Administrative Code.

(4) Notices shall be mailed by certified mail, return receipt requested, to the person subject thereto. Notices shall state the time and method by which the applicant or permit holder may request public meeting.

(a) If a draft permit or proposed action is issued with an effective date and the permit is later signed by the director without being changed further, the department need not, at the time of entry, provide notice or a copy of the permit to the person subject thereto.

(b) If a draft permit or proposed action is issued without an effective date, and the department later assigns an effective date without changing the action further, the department shall mail notice to the person subject thereto informing the person of the effective date.

(5) If the applicable law grants a right to appeal the final permit or order of the director to the environmental review appeals commission, mailings required by this paragraph shall be accompanied by a notice stating the time and method by which the appeal must be filed.

(C) Notice of a public meeting is not required for the modification of a permit made with the consent of the permittee for the correction of typographical errors.

(D) The director may also hold a public meeting at the director's discretion, whenever, for example, such a public meeting might clarify one or more issues involved in the permit decision.

Last updated November 3, 2026 at 8:48 AM

Supplemental Information

Authorized By: 903.10
Amplifies: 903.01, 903.02, 903.03, 903.04, 903.07, 903.082, 903.09, 903.10, 903.17
Five Year Review Date: 11/1/2031
Prior Effective Dates: 1/23/2009, 6/8/2014

Rule 901:10-6-02 | Contents of public notices.

• Effective: November 1, 2026
• Promulgated Under: 119.03

(A) Applicability. This rule applies to public notices for the issuance of or proposed actions to deny, modify, revoke and reissue, or terminate permits to install and permits to operate. This rule also applies to the issuance of final orders. Public notices shall include the following information:

(1) The name, address, telephone number, and electronic mail address of the office of the Ohio department of agriculture where department files and records pertaining to the proposed action or issuance are located and may be inspected and copied and instructions for persons desiring to obtain additional information, including the mailing lists provided for in rule 901:10-6-06 of the Administrative Code.

(2) The name and address of the owner and operator.

(3) A brief description of the concentrated animal feeding facility.

(4) The location of the facility.

(5) A concise statement of the draft permit or the proposed action.

(6) A statement:

(a) That any interested person may submit a written comment on the draft permit or proposed action and may request a public meeting within thirty days of appearance of public notice in a newspaper in the affected county. A request for a public meeting shall be in writing and state the nature of the issues proposed to be raised in the public meeting;

(b) That any person has a right to provide a written or oral statement for the record at the public meeting if a meeting is scheduled; and

(c) That one public meeting shall be held prior to issuance of any final permit decision when required by paragraph (C) of rule 901:10-6-04 and may be held where authorized by paragraph (B) of rule 901:10-6-04 of the Administrative Code.

Last updated November 1, 2026 at 12:00 AM

Supplemental Information

Authorized By: 903.10
Amplifies: 903.01, 903.02, 903.03, 903.07, 903.082, 903.09, 903.10, 903.17
Five Year Review Date: 11/1/2031
Prior Effective Dates: 9/15/2005

Rule 901:10-6-04 | Public meetings; close of the public comment period.

• Effective: November 1, 2026
• Promulgated Under: 119.03

(A) Not later than thirty days after public notice of a draft permit to install or draft permit to operate, or a proposed action to deny, modify, revoke and reissue, or terminate a permit to install or permit to operate, any person may file a request for a public meeting. This paragraph does not apply to amended draft actions.

(B) If the director determines that there is significant public interest as described in paragraph (C) of this rule in a draft permit to install, draft permit to operate, or in any proposed action to deny, modify, revoke and reissue, or terminate a permit, or where required to do so by statute or rule, the director shall hold one public meeting in the county where the facility is located or proposed to be located or in a contiguous county. In consideration of an application for issuance of a permit, the director may hold one public meeting prior to issuance of a permit.

The director may take other, reasonable steps to inform the public about draft permits, including fact sheets, brochures or other informal sessions with the public and the permittee.

The director may include representatives from other government departments, offices and agencies to participate in public meetings and otherwise invite these persons to provide pertinent information to the public.

(C) Significant public interest means statements made in writing by twenty or more persons expressing interest in the draft permit or proposed action before the director review and requesting a public meeting. Significant public interest may also include expressed interest by one or more public officials.

(D) Public notice of the public meeting shall be published at least thirty days prior to the public meeting in a newspaper of general circulation and shall include:

(1) The address, telephone number, and electronic mail address of the office at the Ohio department of agriculture where department files and records pertaining to the proposed action or issuance are located and may be inspected and copied and instructions for persons desiring to obtain additional information, including the mailing list.

(2) The name and address of the owner and operator.

(3) A brief description of the concentrated animal feeding facility.

(4) The location of the facility.

(5) The date of any previous public notices related to the draft permit or proposed action, if applicable.

(6) The time, date, and location of the public meeting if applicable.

(7) A concise statement of the issues raised by those requesting a public meeting.

(8) A statement:

(a) That any interested person may appear and present written and/or oral statements, in person or by a representative.

(b) That the purpose of the meeting is to obtain additional information that will be limited to the criteria that are applicable to the permit application or proposed action that is the subject of the public meeting and will be considered by the director prior to the director's taking final action on the draft permit or proposed action under consideration.

(c) That a transcript, recording or other complete record will be made of the public meeting.

(E) In any public meeting, the director may appoint a presiding officer to conduct the meeting. The officer shall state at the beginning of the meeting the manner in which the meeting will be conducted, time limits for testifying, and any other procedures for conducting the meeting. Procedures and time limits may vary according to the number of people wishing to testify, the time the meeting starts, weather conditions and other situations affecting the length of the meeting. On the date and at the time and place specified in the notice, the public meeting shall be held at which any person:

(1) May appear and be heard in person or by a representative, or both;

(2) May present statements orally or in writing, or both. All comments whether written or oral shall be considered equally in making a final decision, provided that comments are submitted with the name and address of the person presenting the statements for the record.

(F) Any person requesting time to make an oral comment at the meeting must register their name and address or electronic mail address prior to the beginning of the meeting. Persons shall be called to provide a statement for the record in the order of registration, unless the presiding officer determines otherwise.

(G) Information presented by any person shall be limited to the criteria and information that are applicable to the draft permit application or proposed action that is the subject of the public meeting. The officer may rule out of order any person who does not address comments on the matter that is the subject of the public meeting.

(H) Persons attending the public meeting are authorized to tape or videotape the proceedings provided the following requirements are met:

(1) The presiding officer is notified at least twenty-four hours prior to the start of the public meeting unless prior notice is waived by the hearing officer; and

(2) The public meeting is not interrupted or disturbed.

(I) Close of public comment period.

(1) Persons, including applicants, who believe any condition of a draft permit is inappropriate or that the director's tentative decision to deny, issue, modify, revoke and reissue, or terminate a permit is inappropriate, must raise all reasonably ascertainable issues and submit all reasonably available arguments supporting their position by the close of the public comment period (including any public meeting). Any supporting materials which are submitted shall be included in full and may not be incorporated by reference, unless they are already part of the record in the same action, or consist of state or federal statutes and regulations, or other generally available reference materials. Commenters shall make supporting materials not already included in the record available to the director.

(2) At the time that any final permit action is issued the director shall issue a response to comments, known as a "responsiveness summary."

(3) No final action shall be issued until after the director has considered the responsiveness summary. The responsiveness summary shall briefly describe and respond to all significant comments raised during the public comment period or during the public meeting on the draft permit action. The responsiveness summary shall specify which provisions, if any, of the draft permit or proposed action have been changed in the final permit decision or action and the reasons for the change.

Last updated November 1, 2026 at 12:00 AM

Supplemental Information

Authorized By: 903.10
Amplifies: 903.01, 903.02, 903.03, 903.07, 903.082, 903.09, 903.10
Five Year Review Date: 11/1/2031
Prior Effective Dates: 1/23/2009

Rule 901:10-6-05 | Fact sheets.

• Effective: January 1, 2025
• Promulgated Under: 119.03

(A) A fact sheet will be prepared prior to the issuance of a draft permit to install, draft permit to operate and draft permit to operate renewal and draft permit modification. The fact sheet shall include such information as may be required by Ohio statute or rule and may also include such additional information as the department deems desirable.

(B) The department will maintain a mailing list of persons or groups requesting fact sheets and of persons or organizations who have expressed an interest in or may, by the nature of their purposes, their activities or their members, be affected by or have an interest in obtaining fact sheets for any of the following:

(1) Any specified permits issued under section 903.02, 903.03 or 903.082 of the Revised Code;

(2) Any action taken by the director relating to the specified draft permits to install, draft permits to operate and draft permit to operate renewals or draft permit modifications.

(C) All public notices required or authorized for actions taken by the director on draft permits to install, draft permits to operate and draft permit to operate renewals or draft permit modifications will be electronically mailed to all persons subscribed on the mailing list maintained by the department.

Last updated August 26, 2025 at 4:09 PM

Supplemental Information

Authorized By: 903.08, 903.10
Amplifies: 903.02, 903.03, 903.05, 903.08, 903.082, 903.09
Five Year Review Date: 1/1/2030
Prior Effective Dates: 7/2/2002, 9/15/2005

Rule 901:10-6-06 | Public information.

• Effective: January 1, 2025
• Promulgated Under: 119.03

(A) The department shall maintain a mailing list of persons or groups interested in receiving copies of fact sheets as described in paragraph (B) of rule 901:10-6-05 of the Administrative Code, and public meeting notices issued or renewed in accordance with rules 901:10-6-01 and 901:10-6-02 of the Administrative Code. Persons interested in subscribing to the mailing list may notify the director in writing and the director may assess fees to reflect the costs of copying and mailing to subscribers. In the alternative, the department may develop electronic methods to distribute the information described in this paragraph. The director may update the mailing list from time to time by requesting written indication of continued interest from those listed. The director may delete from the list the name of any person who fails to respond to such a request.

(B) The department shall develop a mailing list by:

(1) Including those persons who request in writing to be on the list;

(2) Soliciting persons for "area lists" from participants in past permit proceedings in that area; and

(3) Notifying the public of the opportunity to be put on the mailing list through periodic publication in the public press and in such publications as regional and state funded newsletters, environmental and agricultural bulletins or state law journals.

Last updated June 25, 2025 at 6:06 PM

Supplemental Information

Authorized By: 903.08, 903.10
Amplifies: 903.09, 903.20
Five Year Review Date: 1/1/2030