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 were presented during three public meetings held from 6 p.m. to 8:30 p.m. on the following Thursdays:
Sept. 4, 2008 at the Ottawa National Wildlife Refuge, Oak Harbor (Ottawa County). Sept. 11, 2008 at the Painesville Township Park, Painesville (Lake County). Sept. 18, 2008 at the Don Umerley Civic Center, 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.
The timeline showing the rule development process 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. Comments on the most recent OAC draft rules (posted in August 2008) are also found here.
Objectives for new rules: 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
Submit your comments to the ODNR Office of Coastal Management at
coastal@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.
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