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The Legislative Service Commission staff updates the Revised Code on an ongoing basis, as it completes its act review of enacted legislation. Updates may be slower during some times of the year, depending on the volume of enacted legislation.

Ohio Revised Code Search

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Section 940.28 | Petition and information to be submitted to county commissioners.

...After a board of supervisors of a soil and water conservation district completes the schedule of estimated assessments, the board shall submit the petition, preliminary report, surveys, plans, specifications, schedule of damages, cost estimates, estimated assessments, and any other information obtained or prepared for the petition to the board of county commissioners of the county in which the proposed improvement is...

Section 940.29 | Scheduling and notice of hearing on proposed improvement.

...(A) Upon receiving the information submitted by a board of supervisors of a soil and water conservation district under section 940.28 of the Revised Code, the board of county commissioners shall establish the date, time, and location of a hearing regarding the proposed improvement. (B) At least twenty-one days prior to the date established for the hearing, the clerk of the board of county commissioners shall send a...

Section 940.30 | County commissioners hearing on proposed improvement.

...(A) On the date established for the hearing, the board of county commissioners shall conduct the hearing by doing both of the following: (1) Presenting the project design, construction plans, schedule of damages, cost estimates, and estimated assessments for the proposed improvement as submitted by the board of supervisors of the applicable soil and water conservation district; (2) Hear any comments offered by an...

Section 940.31 | [Former R.C. 940.29, amended and renumbered by H.B. 340, 133rd General Assembly, effective 3/24/2021] Approval or disapproval of construction of improvement.

...(A) At the conclusion of the hearing conducted under section 940.30 of the Revised Code, the board of county commissioners shall vote to approve or dismiss the petition. (B) The board may approve the petition if the board is reasonably certain that: (1) The benefits of the proposed improvement outweigh the costs. (2) The proposed improvement is necessary. (3) The proposed improvement will be conducive to the ...

Section 940.32 | [Former R.C. 940.33, amended and renumbered by H.B. 340, 133rd General Assembly, effective 3/24/2021] Procedure for assessments.

...(A) If the board of county commissioners approves a petition under section 940.31 of the Revised Code, the board shall adopt a resolution levying upon the property within the area to be benefited by an improvement a uniform or varied assessment rate as necessary to pay the cost of construction of the improvement not otherwise funded and to repay advances made for purposes of the improvement from the fund created by s...

Section 940.33 | [Former R.C. 940.34, amended and renumbered by H.B. 340, 133rd General Assembly, effective 3/24/2021] Tax levy resolution.

...(A) A board of county commissioners may declare by resolution that it is necessary to levy a tax upon the property within the area to be benefited by an improvement in order to pay the costs of the improvement not otherwise funded. The resolution shall specify all of the following: (1) The rate that it is necessary to levy; (2) The purpose of the tax levy; (3) The number of years during which the increase is ...

Section 940.34 | Joint board of supervisors.

...(A) Upon receiving a petition pursuant to section 940.19 of the Revised Code for a proposed improvement that would be located in two or more adjoining soil and water conservation districts, the board of supervisors of the adjoining districts shall, with approval of the Ohio soil and water conservation commission, create a joint board of supervisors. Each district shall have the same number of supervisors on the joint...

Section 940.35 | [Former R.C. 940.31, amended and renumbered by H.B. 340, 133rd General Assembly, effective 3/24/2021] Joint board of county commissioners.

...(A) If a proposed improvement would affect more than one county, the board of county commissioners from each of the counties that would be affected by the proposed improvement shall meet on a date fixed by the clerk of the board of county commissioners of the lead county. The boards shall meet in the lead county to organize a joint board of county commissioners and elect a president, which shall be the first order of...

Section 940.36 | [Former R.C. 940.32, amended and renumbered by H.B. 340, 133rd General Assembly, effective 3/24/2021] Lead county responsibilities.

...(A) The auditor of the lead county shall certify to the auditor of the other counties a schedule of any taxes or assessments to be levied for the improvement, and the auditor of such other county immediately shall place such tax or assessment upon the duplicates. Taxes or assessments so certified for collection to an auditor of another county are a lien on the land within such county from the date such certificate is...

Section 940.37 | [Former R.C. 940.35, amended and renumbered by H.B. 340, 133rd General Assembly, effective 3/24/2021] Maintenance of improvements.

...The board of county commissioners, or, if a joint board of county commissioners has been created under section 940.35 of the Revised Code, the joint board, shall maintain the improvements constructed under this chapter. For that purpose, the board of county commissioners or joint board may use procedures and requirements established in Chapter 6137. of the Revised Code and may contract with or authorize the board of ...

Section 940.38 | Appeals.

...Any affected landowner may appeal to the appropriate court of common pleas any action or determination of a board of supervisors, joint board of supervisors, board of county commissioners, or joint board of county commissioners under this chapter. The affected landowner shall make the appeal within thirty days of the date of the action or determination. The appeal may be based on, but is not limited to, any of the fo...

Section 940.39 | Videoconferencing and teleconferencing of meetings.

...(A) For purposes of this section, references to a "board of supervisors of a soil and water conservation district" or a "board" includes a joint board of supervisors of a soil and water conservation district. (B) Notwithstanding any other provision of law to the contrary, a board of supervisors of a soil and water conservation district, when practicable, may conduct meetings by video conference or, if video confere...

Section 940.41 | Statewide watershed planning and management program; watershed regions.

...(A) As used in this section: (1) "Nine-element plan" means a strategic implementation plan that a political subdivision, organization, or individual engaged in water quality improvements may utilize to obtain funding through the federal "Clean Water Act," 33 U.S.C. 1251 et seq., or the great lakes restoration initiative for projects to address nonpoint source pollution. (2) "Organization" means a public or privat...

Section 940.42 | Data and records.

...(A) Data or records of a person's agricultural operations, conservation or water quality improvement practices, or proposed utilization of such practices collected or maintained by the department of agriculture, a soil or water conservation district, an institution of higher education, as defined in section 3345.12 of the Revised Code, or any other state agency are not a public record subject to disclosure under sect...

Section 940.43 | Intent of General Assembly.

...It is the intent of the general assembly to collaborate with organizations representing agriculture, conservation, and the environment and institutions of higher education engaged in water quality research to establish a certification program for farmers that utilize practices designed to minimize impacts to water quality. The director of agriculture shall undertake all actions necessary to ensure that assistance and...