Laws and Regulations
To help achieve the goal of attaining and sustaining a healthy coast and lake by balancing use and conservation, working guidelines have been established to manage coastal areas. These guidelines include laws, regulations and program documents. Links on this page are a list of existing, draft and/or proposed laws, regulations and programs that guide coastal management in Ohio.
ODNR Responsibilities assigned to the Office of Coastal Management
Other state of Ohio laws, regulations and programs that may be applicable to ODNR's coastal development responsibilities:
Federal laws, regulations and programs that may be applicable to ODNR's coastal development responsibilities:
- Section 404 of the Clean Water Act of 1972, as amended, governs the disposal of dredged or fill material into the waters of the United States. Section 404 permits are needed for projects in the coastal zone such as beach nourishment or filling wetlands. The U.S. Army Corps of Engineers is responsible for issuing Section 404 permits while the U.S. Environmental Protection Agency is responsible for many other Clean Water Act laws. Additionally, any permit application must also comply with the requirements of NEPA.
The U.S. Army Corps of Engineers (USACE) role extends back to the River and Harbor Act of 1899, which authorized the secretary of the army to grant permits to prevent the unauthorized obstruction or alteration of any navigable waterway in the United States. Today, amongst other items, the USACE issues Section 404 Permits.
The United States Environmental Protection Agency (EPA) enforces federal clean water and safe drinking water laws, provides support for municipal wastewater treatment plants, and takes part in pollution prevention efforts aimed at protecting watersheds and sources of drinking water.
- National Environmental Powers Act (NEPA) of 1970 mandates environmental reviews of major construction projects. The building of shoreline structures or the implementation of beach nourishment efforts are examples of projects affected by this legislation. NEPA requires detailed environmental impact statements regarding potential projects. Public participation must also be included in the planning process before a recommended plan is set forth for a construction project. Compliance with NEPA is part of the requirements for Section 404 of the Clean Water Act.
- The Coastal Barriers Improvement Act (CBIA) of 1990 is the reauthorization of the Coastal Barriers Resources Act of 1982. The original legislation established the Coastal Barriers Resources System to protect undeveloped barrier islands by limiting Federal expenditures for development. Federal funding limitations apply to road construction, flood insurance, and erosion prevention and stabilization projects. Privately funded activities are not regulated by law, and some exemptions exist for Federal projects (see also USFWS page; USFWS Ohio Map page; FEMA page; FloodSmart.gov page).