COLUMBUS, OH - Seeking to improve its coastal management program, the Ohio Department of Natural Resources (ODNR) has proposed elimination of the Submerged Lands Lease requirement for docks and other improvements to residential property along the state’s Lake Erie coast.
New rules filed by the department this week with the legislature’s Joint Committee on Agency Rule Review (JCARR) are designed to streamline existing ODNR regulations that require an owner of residential property on the Lake Erie coast to obtain a Submerged Lands Lease for structures that extend onto publicly held portions of the lake and its coastline.
Among changes proposed by ODNR in the new rules:
- Eliminate the Submerged Lands Lease requirement for private residential structures, creating a new, simplified permit system. Submerged Lands Leases would still be required for commercial properties and would be available to residential owners on request.
- Remove provisions requiring landowners to secure liability insurance covering the State of Ohio against damages related to coastal structures covered by the new permits.
- Allow permits to be easily renewed after a residential property is bought or sold.
“These new rules are a direct result of concerns we have heard from homeowners along the Lake Erie shore and reflect ideas supported by most parties involved in discussions regarding coastal management legislation in this past session of the General Assembly,” said ODNR Director Sam Speck. “At that time, we committed to making these improvements, simplifying regulations for those who own homes along our coast while ensuring continued strong protections for our lake and coastal resources.”
ODNR will hold a public meeting at 10 a.m. on Tuesday, January 4, in the third floor Commission Chambers of the Erie County Office Building, 247 Columbus Ave. in downtown Sandusky, to accept public comments on the proposed changes. JCARR will have 90 days from the date of filing to review the proposed rules.
If the rule changes are approved by JCARR, the ODNR Office of Coastal Management will provide written notice to all residential owners who hold existing submerged lands leases, giving them the opportunity to replace those leases with permits. No refunds of previously made lease payments will be granted.
The department has also proposed setting the new permit fee at a one-time, $50 rate to ensure that fees are kept reasonable for landowners wanting to construct a private erosion control structure, floating dock or other private structure to occupy the shore of Lake Erie.
Similar to all other states with Great Lakes or ocean coastlines, Ohio administers a Coastal Management Program to protect and preserve its coastal resources and ensure that the necessary protections are fairly and effectively in place. In 1988, the Ohio General Assembly unanimously passed a Coastal Management Act, designating the Ohio Department of Natural Resources (ODNR) as the lead agency for implementing that law. ODNR was given responsibility to ensure that any project or activity along Ohio’s Lake Erie coast would not negatively impact lake and coastal resources, including neighboring properties.