Chapter 1517 | Division Of Natural Areas And Preserves

Section 1517.01 | Division of natural areas and preserves definitions.

• Effective: October 24, 2024
• Latest Legislation: Senate Bill 156 - 135th General Assembly

As used in this chapter:

(A) "Natural area" means an area of land or water which either retains to some degree or has re-established its natural character, although it need not be completely undisturbed, or has unusual flora, fauna, geological, archeological, scenic, or similar features of scientific or educational interest.

(B) "Nature preserve" means an area which is formally dedicated under section 1517.05 of the Revised Code.

(C) "Recreational river" means a watercourse declared a recreational river by the director of natural resources under section 1517.14 of the Revised Code and includes those watercourses or sections of watercourses that are readily accessible by road or railroad, that may have some development along their shorelines, and that may have undergone some impoundment or diversion in the past.

(D) "Scenic river" means a watercourse or a section of watercourse declared a scenic river by the director under section 1517.14 of the Revised Code to which both of the following apply:

(1) It is free of impoundments constructed by humans for at least seventy-five per cent of the length of the watercourse or section of the watercourse or it is combined with another section of a watercourse that has been designated a wild river.

(2) It has shorelines or watersheds that are largely primitive and undeveloped, but accessible in places by roads.

(E) "Scenic river lands" means any area of land or water within a wild, scenic, or recreational river watershed that is owned by the department of natural resources and administered by the division of natural areas and preserves for the purpose of protecting the natural character and water quality of a wild, scenic, or recreational river.

(F) "Watercourse" means a substantially natural channel that is at least five miles in length with recognized banks and a bottom in which the flow of water occurs.

(G) "Wild river" means a watercourse declared a wild river by the director under section 1517.14 of the Revised Code and includes those watercourses or sections of watercourses that are free of impoundments constructed by humans and generally inaccessible except by trail, with watersheds or shorelines essentially primitive and waters unpolluted, representing vestiges of primitive America.

Last updated August 16, 2024 at 9:52 AM

Section 1517.02 | Chief of division - powers and duties.

• Effective: October 24, 2024
• Latest Legislation: Senate Bill 156 - 135th General Assembly

(A) There is hereby created in the department of natural resources the division of natural areas and preserves, which shall be administered by the chief of the division of natural areas and preserves. The chief shall take an oath of office and shall file in the office of the secretary of state a bond signed by the chief and by a surety approved by the governor for a sum fixed pursuant to section 121.11 of the Revised Code.

(B) The chief shall administer a system of nature preserves. The chief shall establish a system of nature preserves through acquisition and dedication of natural areas of state or national significance, which shall include, but not be limited to, areas that represent characteristic examples of Ohio's natural landscape types and its natural vegetation and geological history. The chief shall encourage landowners to dedicate areas of unusual significance as nature preserves, and shall establish and maintain a registry of natural areas of unusual significance.

(C) The chief shall administer a system of wild, scenic, and recreational rivers. The chief shall supervise, operate, protect, and maintain wild, scenic, and recreational rivers, as designated by the director of natural resources; with the approval of the director of natural resources, cooperate with federal agencies administering any federal program concerning wild, scenic, or recreational river systems; and participate in watershed planning activities with other states, local or federal agencies, or other state agencies.

(D) The chief shall do the following:

(1) Formulate policies and plans for the acquisition, use, management, and protection of nature preserves;

(2) Formulate policies for the selection of natural areas of unusual significance suitable for registration;

(3) Formulate policies for the dedication of areas as nature preserves;

(4) Formulate policies for the declaration of wild, scenic, and recreational rivers;

(5) Prepare and maintain surveys and inventories of wild, scenic, and recreational rivers and natural areas and assist the division of wildlife in preparing and maintaining surveys and inventories of rare and endangered species of plants and animals, and other unique natural features. The information shall be entered in the Ohio natural heritage database, established under section 1531.04 of the Revised Code.

(6) Adopt rules in accordance with Chapter 119. of the Revised Code establishing all of the following:

(a) Requirements governing the use, visitation, and protection of nature preserves and natural areas owned or managed through easement, license, or lease by the department and administered by the division;

(b) Requirements governing the use, visitation, and protection of scenic river lands and of publicly owned lands that are administered by the division that are within the watersheds of wild, scenic, and recreational rivers;

(c) Fees and charges for conducting stream impact reviews of any planned or proposed construction, modification, renovation, or development project that is subject to approval under section 1517.15 of the Revised Code and may potentially impact a designated wild, scenic, or recreational river. Such fees and charges shall be credited to the natural areas and preserves fund created in section 1517.11 of the Revised Code.

(7) Provide facilities and improvements within the state system of nature preserves, wild, scenic, and recreational rivers, scenic river lands, and publicly owned lands that are administered by the division and are within the watersheds of those rivers that are necessary for their visitation, use, restoration, and protection and do not impair their natural character;

(8) Provide interpretive programs and publish and disseminate information pertaining to nature preserves and natural areas, scenic river lands, and publicly owned lands that are administered by the division and are within the watersheds of wild, scenic, and recreational rivers for their visitation and use;

(9) Conduct and grant permits to qualified persons for the conduct of scientific research and investigations within nature preserves, wild, scenic, and recreational rivers, scenic river lands, and publicly owned lands that are administered by the division and are within the watersheds of those rivers;

(10) Establish an appropriate system for marking nature preserves, wild, scenic, and recreational rivers, scenic river lands, and publicly owned lands that are administered by the division and are within the watersheds of those rivers;

(11) Provide wild, scenic, and recreational river conservation education;

(12) Provide for protection, restoration, habitat enhancement, and clean-up projects in wild, scenic, and recreational rivers, scenic river lands, and publicly owned lands that are administered by the division and are within the watersheds of those rivers;

(13) Publish and submit to the governor and the general assembly a biennial report of:

(a) The status and condition of each nature preserve, activities conducted within each preserve, and plans and recommendations for natural area preservation;

(b) The status and condition of each wild, scenic, and recreational river and activities conducted within each river corridor.

(E) The chief, in carrying out sections 1517.14 to 1517.19 of the Revised Code, may accept, receive, and expend donations, gifts, devises, or bequests of money, lands, or other properties as authorized under section 9.20 of the Revised Code. If the donations, gifts, devises, and bequests are monetary in nature, the money shall be credited to the scenic rivers protection fund created in section 4501.24 of the Revised Code.

Last updated August 16, 2024 at 9:53 AM

Section 1517.021 | Prohibition.

• Effective: October 24, 2024
• Latest Legislation: Senate Bill 156 - 135th General Assembly

No person shall violate any rule adopted pursuant to division (D)(6) of section 1517.02 of the Revised Code.

Last updated August 16, 2024 at 9:53 AM

Section 1517.05 | Nature preserves - uses and purposes.

• Effective: December 30, 2004
• Latest Legislation: House Bill 516 - 125th General Assembly

The department of natural resources, for and on behalf of the state, shall acquire a system of nature preserves for the following uses and purposes:

(A) For scientific research in such fields as ecology, taxonomy, genetics, forestry, pharmacology, agriculture, soil science, geology, paleontology, conservation, and similar fields;

(B) For the teaching of biology, natural history, ecology, geology, conservation, and other subjects;

(C) As habitats for plant and animal species and communities and other natural objects;

(D) As reservoirs of natural materials;

(E) As places of natural interest and beauty;

(F) For visitation whereby persons may observe and experience natural biotic and environmental systems of the earth and their processes;

(G) To promote understanding and appreciation of the aesthetic, cultural, scientific, and spiritual values of such areas by the people of the state;

(H) For the preservation and protection of nature preserves against modification or encroachment resulting from occupation, development, or other use that would destroy their natural or aesthetic conditions.

The director of natural resources shall accept natural areas by articles of dedication or gift, provided that funds and services are available for their preservation and protection.

A nature preserve is established when articles of dedication have been filed by or at the direction of the owner of land, or a governmental agency having ownership or control thereof, in the office of the county recorder of the county in which the land is located.

Articles of dedication shall be executed by the owner of the land in the same manner and with the same effect as a conveyance of an interest in land and shall be irrevocable except as provided in this section. The county recorder may not accept articles of dedication for recording unless they have been accepted by the director of natural resources. The director may not accept articles of dedication unless they contain terms restricting the use of the land that adequately provide for its preservation and protection against modification or encroachment resulting from occupation, development, or other use that would destroy its natural or aesthetic conditions for one or more of the uses and purposes set forth in this section. Wherever possible and consistent with such preservation and protection of the land, the articles shall provide for public access in order that the maximum benefit be obtained for the uses and purposes stated in this section.

Articles of dedication may contain provisions for the management, custody, and transfer of land, provisions defining the rights of the owner or operating agency, and the department, and other provisions necessary or advisable to carry out the uses and purposes for which the land is dedicated. They may contain conditions under which the owner and the director of natural resources may agree to rescind the articles.

The attorney general, upon request of the director of natural resources, may bring an action for injunction in any court of competent jurisdiction to enforce the terms of articles of dedication.

The department may make or accept amendments of any articles of dedication upon terms and conditions that will not destroy the natural or aesthetic conditions of a preserve. If the fee simple interest in the area or preserve is not held by the state, no amendments shall be made without the written consent of the owner. Each amendment shall be recorded in the same manner as the articles of dedication.

Section 1517.051 | Prohibited acts.

• Effective: March 23, 1973
• Latest Legislation: Senate Bill 463 - 109th General Assembly

No person shall violate any terms or conditions of the articles of dedication of a nature preserve accepted by the director and filed with the county recorder. The director may order any person to cease and desist from any such violation. No person shall violate any such order.

Section 1517.06 | Nature preserves to be held in trust.

• Effective: June 6, 2003
• Latest Legislation: House Bill 94 - 124th General Assembly

Nature preserves dedicated under section 1517.05 of the Revised Code are to be held in trust, for the uses and purposes set forth in that section, for the benefit of the people of the state of present and future generations. They shall be managed and protected in the manner approved by and subject to rules established by the chief of the division of natural areas and preserves. They shall not be taken for any other use except another public use after a finding by the department of natural resources of the existence of an imperative and unavoidable public necessity for such other public use and with the approval of the governor. Except as may otherwise be provided in the articles of dedication, the department may grant, upon such terms and conditions as it may determine, an estate, interest, or right in, or dispose of, a nature preserve, but only after a finding by the department of the existence of an imperative and unavoidable public necessity for the grant or disposition and with the approval of the governor.

Section 1517.07 | Notice of proposed action - public hearing.

• Effective: June 6, 2003
• Latest Legislation: House Bill 94 - 124th General Assembly

Before the department of natural resources makes any finding of the existence of an imperative and unavoidable public necessity, or grants any estate, interest, or right in a nature preserve or disposes of a nature preserve or of any estate, interest, or right therein as provided in section 1517.06 of the Revised Code, it shall give notice of the proposed action and an opportunity for any person to be heard at a public hearing in the county in which the preserve is located. In the event the preserve is located in more than one county, the public hearing shall be held in the most populous county. The notice shall be published at least once in a newspaper with a general circulation in the county in which the nature preserve is located. The notice shall set forth the substance of the proposed action and describe, with or without legal description, the nature preserve affected, and shall specify a place and time not less than thirty days after the publication for a public hearing before the department on the proposed action. All persons desiring to be heard shall have a reasonable opportunity to be heard prior to action by the department on the proposal.

Section 1517.08 | Dedication of natural areas.

• Effective: August 31, 1970
• Latest Legislation: Senate Bill 113 - 108th General Assembly

All departments, agencies, units, instrumentalities, and political subdivisions of the state, including, counties, townships, municipal corporations, park districts, conservancy districts, universities, colleges, and school districts, may dedicate natural areas under their jurisdiction in accordance with section 1517.05 of the Revised Code.

Section 1517.09 | Construction of chapter.

• Effective: September 1, 1976
• Latest Legislation: House Bill 972 - 111th General Assembly

Nothing contained in this chapter shall be construed as interfering with the purposes stated in the establishment of or pertaining to any state or local park, forest, preserve, wildlife refuge or other area or the proper management and development thereof, except that any agency administering an area dedicated as a nature preserve under section 1517.05 of the Revised Code shall be responsible for preserving the character of the area in accordance with the articles of dedication and the applicable rules with respect thereto established by the chief of the division of natural areas and preserves. Neither the dedication of an area as a nature preserve nor any action taken by the department under any of the provisions of this chapter shall void or replace any protective status under law which the area would have were it not a nature preserve and the protective provisions of this chapter shall be supplemental thereto.

Section 1517.11 | Natural areas and preserves fund - use of funds.

• Effective: October 24, 2024
• Latest Legislation: Senate Bill 156 - 135th General Assembly

There is hereby created in the state treasury the natural areas and preserves fund, which shall consist of moneys transferred into it under section 5747.113 of the Revised Code and of contributions made directly to it. Any person may contribute directly to the fund in addition to or independently of the income tax refund contribution system established in that section.

Moneys in the fund shall be disbursed pursuant to vouchers approved by the director of natural resources for use by the division of natural areas and preserves solely for the following purposes:

(A) The acquisition of new or expanded natural areas and nature preserves and scenic river lands;

(B) Facility development in natural areas and nature preserves and scenic river lands;

(C) Special projects, including, but not limited to, biological inventories, research grants, and the production of interpretive material related to natural areas and nature preserves and scenic river lands;

(D) Routine maintenance for health and safety purposes.

Money in the fund also may be used for the purposes of administering a system of wild, scenic, and recreational rivers, scenic river lands, and facilities or improvements associated with such rivers and lands.

Moneys appropriated from the fund shall not be used to fund salaries of permanent employees or administrative costs.

All investment earnings of the fund shall be credited to the fund.

Last updated August 16, 2024 at 9:54 AM

Section 1517.12 | Lake Katharine management trust fund.

• Effective: February 11, 1988
• Latest Legislation: House Bill 514 - 117th General Assembly

There is hereby created the lake Katharine management trust fund, which shall be administered by the division of natural areas and preserves in the department of natural resources for preservation, management, land acquisition, and educational programs at the lake Katharine nature preserve. The moneys in the fund shall be derived from gifts, donations, bequests, and other moneys for the purposes for which the fund is created. The treasurer of state shall be the custodian of the fund, which shall not be a part of the state treasury. The principal in the fund shall not be expended. Only earnings from investments shall be expended for the purposes for which the fund is created. All disbursements from the fund shall be paid by the treasurer of state upon requisitions signed by the director of natural resources or his designee.

Section 1517.13 | Lake Katharine management fund.

• Effective: February 11, 1988
• Latest Legislation: House Bill 514 - 117th General Assembly

There is hereby created in the state treasury the lake Katharine management fund. All investment earnings of the lake Katharine management trust fund created in section 1517.12 of the Revised Code shall be credited to the fund created in this section and disbursed pursuant to vouchers approved by the director of natural resources for use by the division of natural areas and preserves in the department of natural resources solely for preservation, management, land acquisition, and educational programs at the lake Katharine nature preserve.

Section 1517.14 | Creating wild, scenic, or recreational rivers.

• Effective: October 24, 2024
• Latest Legislation: Senate Bill 156 - 135th General Assembly

(A) The director of natural resources may create wild, scenic, and recreational rivers. The chief of the division of natural areas and preserves shall supervise, operate, protect, and maintain wild, scenic, and recreational rivers so created. In creating wild, scenic, and recreational rivers, the director shall classify each such watercourse as either a wild river, a scenic river, or a recreational river. The chief may prepare and maintain a plan for the establishment, development, use, and administration of those rivers as a part of the comprehensive state plans for water management and outdoor recreation. The chief, with the approval of the director, may cooperate with federal agencies administering any federal program concerning wild, scenic, or recreational river systems.

(B) The director may propose to create a wild, scenic, or recreational river that consists of a part or parts of any watercourse in this state that in the director's judgment possesses water conservation, scenic, fish, wildlife, historic, or outdoor recreation values that should be preserved.

(C)(1) The director shall publish the intention to declare a watercourse a wild, scenic, or recreational river at least once in a newspaper of general circulation in each county, any part through which the watercourse flows. The director also shall send written notice of the intention to the legislative authority of each county, township, and municipal corporation and to each conservancy district established under Chapter 6101. of the Revised Code, any part through which the watercourse flows, and to the director of transportation, the director of development, the director of administrative services, and the director of environmental protection. The notices shall include a copy of a map and description of the watercourse to be designated.

(2) The director of natural resources shall post the intention to declare a watercourse a wild, scenic, or recreational river on the division of natural areas and preserves' web site on the date of the initial publication under division (C)(1) of this section.

(3) Any person having an interest in the proposed declaration may file written comments to the proposal within sixty days of the last date of publication or dispatch of written notice as required under division (C)(1) of this section. The director shall post on the division's web site the last date by which written comments may be filed.

(4) After sixty days from the last date of publication or dispatch of written notice as required under division (C)(1) of this section, the director may enter a declaration in the director's journal that the watercourse is a wild river, scenic river, or recreational river. When so entered, the watercourse is a wild, scenic, or recreational river, as applicable. The director, after sixty days' notice as prescribed in this section, may terminate the status of a watercourse as a wild river, scenic river, or recreational river by an entry in the director's journal.

(D) Declaration of a watercourse as a wild, scenic, or recreational river does not do either of the following:

(1) Affect private property rights or authorize the director, chief of the division of natural areas and preserves, or any governmental agency or political subdivision to restrict the use of private land adjacent to the river or to enter upon private land;

(2) Expand or abridge the regulatory authority of any governmental agency or political subdivision over the river.

(E) The director may acquire real property or any estate, right, or interest therein in order to provide for the protection and public recreational use of a wild, scenic, or recreational river. The director may enter into a lease or other agreement with a political subdivision to administer all or part of any publicly owned land that is administered by the division and that is within the watershed of a wild, scenic, or recreational river.

(F) A wild, scenic, or recreational river that was declared as such by the director of natural resources under Chapter 1547. of the Revised Code prior to the effective date of this amendment retains its declaration as a wild, scenic, or recreational river for purposes of sections 1517.14 to 1517.19 of the Revised Code on and after that date.

Last updated September 20, 2024 at 3:03 PM

Section 1517.15 | Approving structures and channel modifications.

• Effective: October 24, 2024
• Latest Legislation: Senate Bill 156 - 135th General Assembly

No state department, state agency, or political subdivision shall build or enlarge any highway, road, or structure or modify or cause the modification of the channel of any watercourse within one thousand feet of a wild, scenic, or recreational river outside the limits of a municipal corporation without first having obtained approval of the plans for the highway, road, or structure or channel modification from the director of natural resources or the director's representative. The state department, state agency, or political subdivision, with the approval of the director or the director's representative, may so build, enlarge, or modify beyond one thousand feet on publicly owned land if necessary to preserve water conservation, scenic, fish, wildlife, historic, or outdoor recreation values. The court of common pleas having jurisdiction, upon petition by the director, shall enjoin work on any highway, road, or structure or channel modification for which such approval has not been obtained.

Last updated September 20, 2024 at 3:04 PM

Section 1517.16 | Expenditures for wild, scenic, and recreational rivers.

• Effective: October 24, 2024
• Latest Legislation: Senate Bill 156 - 135th General Assembly

(A) The chief of the division of natural areas and preserves may accept and administer state and federal financial assistance for the maintenance, protection, and administration of wild, scenic, and recreational rivers and scenic river lands and for construction of facilities on publicly owned lands that are administered by the division and are within the watersheds of those rivers.

The chief, with the approval of the director of natural resources, may expend for the purpose of administering the state programs for wild, scenic, and recreational rivers money that is:

(1) Appropriated by the general assembly for that purpose;

(2) In the scenic rivers protection fund created in section 4501.24 of the Revised Code;

(3) In the natural areas and preserves fund created in section 1517.11 of the Revised Code;

(4) In the waterways safety fund created in section 1547.75 of the Revised Code, including money generated by the waterways conservation assessment fee levied by sections 1547.54 and 1547.542 of the Revised Code, as determined to be necessary by the division of parks and watercraft and the division of natural areas and preserves not to exceed six hundred fifty thousand dollars per fiscal year.

(B) Any instrument by which real property is acquired pursuant to this section shall identify the agency of the state that has the use and benefit of the real property as specified in section 5301.012 of the Revised Code.

(C) Notwithstanding any provision of this section to the contrary, any expenditures made pursuant to this section shall be made only on lands, or portions thereof, owned by the department of natural resources and administered by the division of natural areas and preserves or on other lands when agreed to, in writing, by the owner of the lands within the watershed of the wild, scenic, or recreational river, or portion thereof.

Last updated September 20, 2024 at 3:05 PM

Section 1517.17 | Wild, scenic, and recreational river advisory councils.

• Effective: October 24, 2024
• Latest Legislation: Senate Bill 156 - 135th General Assembly

The chief of the division of natural areas and preserves, with the approval of the director of natural resources, shall appoint an advisory council for each wild, scenic, or recreational river. Each advisory council shall be composed of not more than ten persons who are representative of local government and local organizations and interests in the wild, scenic, or recreational river watershed. Each person shall serve without compensation. The chief or the chief's representative shall serve as an ex officio member of each council.

The initial members appointed to each council shall serve for terms of not more than three years, with the terms of not more than four members of any council ending in the same year. Thereafter, terms of office shall be for three years commencing on the first day of February and ending on the last day of January.

Each council shall advise the chief on the acquisition of land and easements and on the lands and waters that should be protected in a wild, scenic, or recreational river watershed or a proposed wild, scenic, or recreational river watershed, facilities therein, and other aspects of establishment and administration of the wild, scenic, or recreational river that may affect the local interest.

An advisory council for a wild, scenic, or recreational river that was created by the director under Chapter 1547. of the Revised Code prior to the effective date of this amendment continues to be the advisory council for the applicable wild, scenic, or recreational river for purposes of sections 1517.14 to 1517.19 of the Revised Code on and after that date.

Last updated September 20, 2024 at 3:05 PM

Section 1517.18 | Participation in federal protection program.

• Effective: October 24, 2024
• Latest Legislation: Senate Bill 156 - 135th General Assembly

The chief of the division of natural areas and preserves, with the approval of the director of natural resources, may participate in the federal program for the protection of certain selected rivers that are located within the boundaries of the state as provided in the "Wild and Scenic Rivers Act," 82 Stat. 906 (1968), 16 U.S.C. 1271 et seq., as amended. The director may authorize the chief to participate in any other federal program established for the purpose of protecting, conserving, or developing recreational access to waters in this state that possess outstanding scenic, recreational, geologic, fish and wildlife, historic, cultural, or other similar values.

Last updated September 20, 2024 at 3:06 PM

Section 1517.19 | Reconciliation of powers.

• Effective: October 24, 2024
• Latest Legislation: Senate Bill 156 - 135th General Assembly

Any action taken by the chief of the division of natural areas and preserves under sections 1517.14 to 1517.19 of the Revised Code shall not be deemed in conflict with certain powers and duties conferred on and delegated to federal agencies and to municipal corporations under Section 7 of Article XVIII, Ohio Constitution, or as provided by sections 721.04 to 721.11 of the Revised Code.

Last updated September 20, 2024 at 3:06 PM

Section 1517.21 | Cave definitions.

• Effective: March 22, 1989
• Latest Legislation: Senate Bill 177 - 117th General Assembly

As used in sections 1517.21 to 1517.26 of the Revised Code:

(A) "Cave" means a naturally occurring void, cavity, recess, or system of interconnecting passages beneath the surface of the earth or within a cliff or ledge, including, without limitation, a grotto, rock shelter, sinkhole, cavern, pit, natural well, pothole, or subsurface water and drainage system.

(B) "Cave life" means any organism that naturally occurs in, uses, visits, or inhabits any cave, except those animals that are permitted to be taken under Chapter 1533. of the Revised Code.

(C) "Material" includes:

(1) Any speleothem, whether attached or broken, found in a cave;

(2) Any clay or mud formation or concretion or sedimentary deposit found in a cave;

(3) Any scallop, rill, or other corrosional or corrasional feature of a cave;

(4) Any wall or ceiling of a cave or any other part of the speleogen.

(D) "Owner" means any person having title to land in which a cave is located.

(E) "Speleothem" means any stalactite, stalagmite, or other natural mineral formation or deposit occurring in a cave.

(F) "Speleogen" means the surrounding material or bedrock in which a cave is formed, including walls, floors, ceilings, and similar related structural and geological components.

(G) "Sinkhole" means a closed topographic depression or basin generally draining underground, including, without limitation, a blind valley, swallowhole, or sink.

(H) "Hazard" means a risk of serious physical harm to persons or property.

Section 1517.22 | Protection of cave resources.

• Effective: March 22, 1989
• Latest Legislation: Senate Bill 177 - 117th General Assembly

The general assembly hereby finds that caves are uncommon geologic phenomena and that the minerals deposited in them may be rare and occur in unique forms of great beauty that are irreplaceable if destroyed. Also irreplaceable are the archeological resources in caves, which are of great scientific and historic value. It is further found that species of cave life are unusual and of limited numbers; that many are rare, threatened, or endangered species; and that caves are a natural conduit for groundwater flow and are highly subject to water pollution, thus having far-reaching effects transcending man's property boundaries. It is therefore declared to be the policy of the general assembly to protect these unique and great natural, historical, scientific, and cultural resources.

Section 1517.23 | Chief of division - duties.

• Effective: December 19, 2016
• Latest Legislation: House Bill 471 - 131st General Assembly

The chief of the division of natural areas and preserves shall do both of the following:

(A) Formulate policies and plans and establish a program incorporating them for the identification and protection of the state's cave resources and adopt, amend, or rescind rules in accordance with Chapter 119. of the Revised Code to implement that program;

(B) Provide technical assistance and management advice to owners upon request concerning the protection of caves on their land.

Section 1517.24 | Prohibited acts.

• Effective: March 22, 1989
• Latest Legislation: Senate Bill 177 - 117th General Assembly

(A) Without the express written permission of the owner and, if the owner has leased the land, without the express written permission of the lessee, no person shall knowingly:

(1) Break, break off, crack, carve on, write on, mark on, burn, remove, or in any other manner destroy, deface, mark, or disturb the surfaces of any cave or any natural material found in any cave, whether attached or broken, including, without limitation, speleothems, speleogens, and sedimentary deposits;

(2) Break, force, tamper with, or otherwise disturb any lock, door, gate, or other device designed to limit control, or prevent access to or entry into a cave;

(3) Remove, deface, or tamper with any posted sign giving notice against unauthorized access to or presence in a cave or citing any of the provisions of sections 1517.21 to 1517.26 or division (B) of section 1517.99 of the Revised Code;

(4) Place refuse, garbage, dead animals, sewage, or toxic substances harmful to cave life or humans in a cave;

(5) Burn within a cave any substance other than acetylene gas burned in a carbide lamp that produces smoke or gas that is harmful to cave life;

(6) Use any door, gate, or other device designed to limit, control, or prevent access to or entry into a cave that does not allow free and unimpeded passage of air, water, and cave life;

(7) Excavate or remove historic or prehistoric ruins, burial grounds, or archaeological or paleontological sites found in a cave, including, without limitation, saltpeter workings, relics, inscriptions, fossilized footprints, and bones;

(8) Remove, kill, harm, or disturb any cave life found within a cave.

(B) Without the express written permission of the owner and, if the owner has leased the land, without the express written permission of the lessee, no person shall purposely destroy, injure, or deface historic or prehistoric ruins, burial grounds, or archaeological or paleontological sites found in a cave, including, without limitation, saltpeter workings, relics, inscriptions, fossilized footprints, and bones.

Section 1517.25 | Sale of speleothems collected from caves prohibited.

• Effective: March 22, 1989
• Latest Legislation: Senate Bill 177 - 117th General Assembly

No person shall sell or offer for sale speleothems collected from caves in this state.

Section 1517.26 | Immunity.

• Effective: March 22, 1989
• Latest Legislation: Senate Bill 177 - 117th General Assembly

(A) Owners and, if the owner has leased the land, the lessee, are not liable for injuries, death, or loss sustained by any permittee on their land if no charge has been made. By granting permission for entry, the owner or lessee does not:

(1) Extend to the permittee any assurance that the premises are safe for such purposes;

(2) Confer on the permittee the legal status of an invitee or licensee to whom a duty of care is owed;

(3) Assume responsibility for or incur liability for any injury, death, or loss to person or property caused by an act or omission of a permittee.

(B) This section does not limit the liability which otherwise exists for injury, death, or loss to persons or property caused by an act or omission of the owner or lessee as follows:

(1) Negligent failure to warn the permittee against a hazard of which the owner or lessee had actual knowledge prior to the permittee's entry on the land;

(2) Willful or wanton misconduct;

(3) Intentionally tortious conduct.

Section 1517.99 | Penalty.

• Effective: March 18, 1999
• Latest Legislation: Senate Bill 187 - 122nd General Assembly

(A)(1) Except as provided in division (A)(2) of this section, whoever violates section 1517.021 of the Revised Code is guilty of a minor misdemeanor.

(2) Whoever violates section 1517.021 of the Revised Code with regard to a species of plant identified in a rule adopted under or included on a list prepared under section 1518.01 of the Revised Code is guilty of a misdemeanor of the third degree for a first offense. For each subsequent offense, the person is guilty of a misdemeanor of the second degree.

(B) Whoever violates division (A) of section 1517.24 or section 1517.25 of the Revised Code is guilty of a misdemeanor of the third degree.

(C) Whoever violates division (B) of section 1517.24 of the Revised Code is guilty of a misdemeanor of the second degree.

(D) Whoever violates section 1517.051 of the Revised Code is guilty of a misdemeanor of the first degree.