The Office of Costal Management

ODNR Office of Coastal Management - Regulatory


Lake Erie Coastal Land Management
Draft OAC Rules 1501-6-01 to 1501-6-40
In an effort to update and clarify policies regarding development along Ohio’s Lake Erie coast, the Ohio Department of Natural Resources is revising portions of and drafting new Ohio Administrative Code (OAC) rules for Section 1501-6.
The revised draft rules are being presented during a series of three public meetings at which time comments and questions will be entertained. The meetings are scheduled for 6 p.m. to 8:30 p.m. on the following Thursdays:
Sept. 4, 2008 Public meeting held at the Ottawa National Wildlife Refuge, 14000 State Route 2, Oak Harbor (Ottawa County).
Meeting Overview and Comments
Sept. 11, 2008 Public meeting to be held at the Painesville Township Park, 1025 Hardy Road, Painesville (Lake County).
Sept. 18, 2008 Public meeting to be held at the Don Umerley Civic Center, 21016 Hilliard Boulevard, Rocky River (Cuyahoga County).
Comments on the Draft OAC Rules should be received by the Office of Coastal Management by 5 pm Tuesday September 30, 2008.

The revised and new draft rules take into consideration Governor Ted Strickland’s July 13, 2007 policy announcement, applicable court rulings, and concerns voiced by littoral property owners, local decision makers, the general public, and others who have an interest in Lake Erie.
Ohio Revised Code Chapter 1506: Coastal Management
Download the latest Draft OAC Rules 1501-6-01 to 1501-6-40. Please note, the black text is existing rule, the blue text represents changes and the green text is intended to provide clarity on the reasons we ask for information.
The Process: The timeline showing the process of rule development has been moved from the right hand column of this page to its own WebPage. Previous meeting minutes, previous draft OAC rule iterations, and comments on previous versions of the rules are accessible here.

Objectives for new rules:
Adapt the OAC rules for submerged lands leases and submerged lands permits (OAC 1501-6-01 through 1501-6-09) to reflect Governor Strickland's policy and applicable court rulings.
Develop OAC rules for coastal structure permits (1501-6-31 to 1501-6-39) to provide clarification and guidance for Ohio Revised Code Section 1506.40.

Key Points of Draft Coastal Management Rules:
Submerged Land Leases/ Submerged Land Permits
Revises or creates definitions for various terms including fill, boathouse, floating home, littoral rights, littoral zone and submerged lands permit.
Requires a completeness review by ODNR and notification of missing information within 15 days after receipt of an application.
Requires a decision on a permit within 120 days after receiving a complete application, unless an extension is requested by the applicant.
Requires notification of adjoining property owners by certified mail of application for a lease/permit and requires listing each application on the internet; provides a 30-day comment period. (1501-6-04).
Requires each application be accompanied by a non-refundable $50 filing fee.
Provides distinction between a Submerged Lands Permit authorization and a Submerged Lands Lease and clarifies what needs to be included with each application.
Provides certain grandfathering of information to be submitted with an application for structures or fills placed prior to March 15, 1989.
Provides clarification to the “water dependency” review criteria.
Provides clarification on public recreation and eliminates requirements for public access on private structures or fills (1501-6-03).
Eliminates the requirement for lease/permit holders to obtain liability insurance (1501-6-05).
Establishes a two-year period for current Submerged Lands Leaseholders to submit written requests to replace existing leases with permits and/or modify existing leases to exclude areas determined to be outside of the territory of Lake Erie. Upon replacement/modification, establishes a refund option for rental amounts collected since July 2007 on areas determined to be outside of territory of Lake Erie (1501-6-05).
Defines a decision appeal process, with hearings held in the county where the project is located (1501-6-07).
Establishes penalties for noncompliance with OAC 1501-6, and a process for returning structures to compliance without penalties being assessed. (1501-6-08).
Coastal Structure Permits
Defines when a coastal structure permit is required, application requirements and processing procedures.
Requires a review by ODNR for completeness and notification of missing information within 15 days after receipt of an application .
Requires a decision on a permit within 120 days after receiving a complete application, unless an extension is requested by the applicant.
Establishes a $50 filing fee for each coastal structure permit application (1501-6-33).
Requires notification of adjoining property owners by certified mail of application for a permit and requires listing each application on the internet; provides a 30-day comment period (1501-6-34).
Formalizes application review criteria (1501-6-34).
Provides a clear process for temporary permits to be issued in emergency situations.
Defines permit compliance and prohibitions, including prohibiting construction of coastal structures prior to the issuance of a permit.
Prohibits placement or dumping of fill or debris without a coastal structure permit along or near the shore for the purpose of controlling erosion, wave action or inundation (1501-6-36).
Establishes inspection and compliance criteria.
Establishes procedures for gaining compliance and penalties for noncompliance.
Establishes an appeal process for coastal structure permit decisions (1501-6-37).

Links
Revised Draft OAC Rules: 1501-6-01 to 1501-6-40 posted August 11, 2008. Please note, the black text is existing rule, the blue text represents changes and the green text is intended to provide clarity on the reasons we ask for information.
Current Coastal Regulatory Authorizations and Guidance
Ohio Coastal Management Program
Ohio Revised Code Chapter 1506: Coastal Management
Ohio Adminstrative Code Chapter 1501-6
July 13, 2007 – Governor Ted Strickland's Policy Announcement (must scroll down on page)
December 10, 2007 – State ex rel. Merrill v. ODNR (Ruling in Lake County Common Pleas Court Case No. 04CV001080)
Submit your comments to the ODNR Office of Coastal Management atcoastal@dnr.state.oh.us or send them to 105 West Shoreline Drive, Sandusky OH 44870.
Comments on the Draft OAC Rules released 08/11/2008 should be received by the Office of Coastal Management by 5 pm Tuesday September 30.

Site last updated 09/05/2008