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As Introduced
136th
General Assembly
Regular
Session
H. B. No. 627
2025-2026
Representative Stephens
To
amend
section
1517.14
of the Revised Code
to
allow a board of county commissioners to disapprove of certain scenic
river designations.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
section
1517.14
of the Revised Code be amended to read as follows:
Sec.
1517.14.
(A)
The
Subject
to division (C)(4) of this section, the
director
of natural resources may create wild, scenic, and recreational
rivers. The chief of the division of natural areas and preserves
shall supervise, operate, protect, and maintain wild, scenic, and
recreational rivers so created. In creating wild, scenic, and
recreational rivers, the director shall classify each such
watercourse as either a wild river, a scenic river, or a recreational
river. The chief may prepare and maintain a plan for the
establishment, development, use, and administration of those rivers
as a part of the comprehensive state plans for water management and
outdoor recreation. The chief, with the approval of the director, may
cooperate with federal agencies administering any federal program
concerning wild, scenic, or recreational river systems.
(B)
The director may propose to create a wild, scenic, or recreational
river that consists of a part or parts of any watercourse in this
state that in the director's judgment possesses water conservation,
scenic, fish, wildlife, historic, or outdoor recreation values that
should be preserved.
(C)(1)
The director shall publish the intention to declare a watercourse a
wild, scenic, or recreational river at least once in a newspaper of
general circulation in each county, any part through which the
watercourse flows. The director also shall send written notice of the
intention to the legislative authority of each county, township, and
municipal corporation and to each conservancy district established
under Chapter 6101. of the Revised Code, any part through which the
watercourse flows, and to the director of transportation, the
director of development, the director of administrative services, and
the director of environmental protection. The notices shall include a
copy of a map and description of the watercourse to be designated.
(2)
The director of natural resources shall post the intention to declare
a watercourse a wild, scenic, or recreational river on the division
of natural areas and preserves' web site on the date of the initial
publication under division (C)(1) of this section.
(3)
Any person having an interest in the proposed declaration may file
written comments to the proposal within sixty days of the last date
of publication or dispatch of written notice as required under
division (C)(1) of this section. The director shall post on the
division's web site the last date by which written comments may be
filed.
(4)
Not
later than forty-five days after the last date of publication or
dispatch of written notice as required under division (C)(1) of this
section, each board of county commissioners having jurisdiction over
any part through which the watercourse flows may adopt a resolution
to disapprove of the designation of a scenic river. The board may
adopt such resolution at a regular meeting of the board or at a
special meeting called for the purpose of discussing such a
resolution. At least thirty days prior to the meeting at which a
resolution to disapprove a scenic river designation will be
discussed, the board shall provide public notice of the date and time
of the meeting by one publication in a newspaper of general
circulation within the county.
If
any board adopts such a resolution, the board, in writing, shall
notify the director of the resolution. Such notification shall be
submitted within sixty days of the last date of publication or
dispatch of written notice as required under division (C)(1) of this
section. If the director receives such notification, the director
shall not designate such watercourse as a scenic river.
(5)
After
sixty days from the last date of publication or dispatch of written
notice as required under division (C)(1) of this section
and subject to division (C)(4) of this section
,
the director may enter a declaration in the director's journal that
the watercourse is a wild river, scenic river, or recreational river.
When so entered, the watercourse is a wild, scenic, or recreational
river, as applicable. The director, after sixty days' notice as
prescribed in this section, may terminate the status of a watercourse
as a wild river, scenic river, or recreational river by an entry in
the director's journal.
(D)
Declaration of a watercourse as a wild, scenic, or recreational river
does not do either of the following:
(1)
Affect private property rights or authorize the director, chief of
the division of natural areas and preserves, or any governmental
agency or political subdivision to restrict the use of private land
adjacent to the river or to enter upon private land;
(2)
Expand or abridge the regulatory authority of any governmental agency
or political subdivision over the river.
(E)
The director may acquire real property or any estate, right, or
interest therein in order to provide for the protection and public
recreational use of a wild, scenic, or recreational river. The
director may enter into a lease or other agreement with a political
subdivision to administer all or part of any publicly owned land that
is administered by the division and that is within the watershed of a
wild, scenic, or recreational river.
(F)
A wild, scenic, or recreational river that was declared as such by
the director of natural resources under Chapter 1547. of the Revised
Code prior to
the effective date of this amendment
October
24, 2024,
retains its declaration as a wild, scenic, or recreational river for
purposes of sections 1517.14 to 1517.19 of the Revised Code on and
after that date.
Section
2.
That
existing
section
1517.14
of the Revised Code
is
hereby
repealed.
Section
3.
(A)
Not later than ninety days after the effective date of this section,
any board of county commissioners having jurisdiction over any part
of a watercourse that was designated as a scenic river on or after
November 1, 2024, may adopt a resolution to disapprove of such
designation. The board may adopt such resolution at a regular meeting
of the board or at a special meeting called for the purpose of
discussing such a resolution. At least thirty days prior to the
meeting at which a resolution to disapprove a scenic river
designation will be discussed, the board shall provide public notice
of the date and time of the meeting by one publication in a newspaper
of general circulation within the county.
(B)
If any board adopts such a resolution, the board shall so notify the
Director of Natural Resources. The Director shall, in accordance with
the procedures established in section 1517.14 of the Revised Code,
terminate the status of such watercourse as a scenic river.