Alter the law governing coastal management

sb433_00_IN

As Introduced

136th
General Assembly

Regular
Session
S. B. No. 433

2025-2026

Senator Gavarone

To
amend sections 1506.01, 1506.02, 1506.06, 1506.10, 1506.11, 1506.40,
1506.41, and 1506.44 and to enact sections 1506.401, 1506.402, and
1506.403 of the Revised Code
to
alter the law governing coastal management.

BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section
1.
That
sections 1506.01, 1506.02, 1506.06, 1506.10, 1506.11, 1506.40,
1506.41, and 1506.44 be amended and sections 1506.401, 1506.402, and
1506.403 of the Revised Code be enacted to read as follows:

Sec.
1506.01.
As
used in this chapter:

(A)
"Coastal area" means the waters of Lake Erie, the islands
in the lake, and the lands under and adjacent to the lake, including
transitional areas, wetlands, and beaches. The coastal area extends
in Lake Erie to the international boundary line between the United
States and Canada and landward only to the extent necessary to
include shorelands, the uses of which have a direct and significant
impact on coastal waters as determined by the director of natural
resources.

(B)
"Coastal management program" means the comprehensive action
of the state and its political subdivisions cooperatively to
preserve, protect, develop, restore, or enhance the resources of the
coastal area and to ensure wise use of the land and water resources
of the coastal area, giving attention to natural, cultural, historic,
and aesthetic values; agricultural, recreational, energy, and
economic needs; and the national interest. "Coastal management
program" includes the establishment of objectives, policies,
standards, and criteria concerning, without limitation, protection of
air, water, wildlife, rare and endangered species, wetlands and
natural areas, and other natural resources in the coastal area;
management of coastal development and redevelopment; preservation and
restoration of historic, cultural, and aesthetic coastal features;
and public access to the coastal area for recreation purposes.

(C)
"Coastal management program document" means a comprehensive
statement consisting of, without limitation, text, maps, and
illustrations that is adopted by the director in accordance with this
chapter, describes the objectives, policies, standards, and criteria
of the coastal management program for guiding public and private uses
of lands and waters in the coastal area, lists the governmental
agencies, including, without limitation, state agencies, involved in
implementing the coastal management program, describes their
applicable policies and programs, and cites the statutes and rules
under which they may adopt and implement those policies and programs.

(D)
"Person" means any agency of this state, any political
subdivision of this state or of the United States, and any legal
entity defined as a person under section 1.59 of the Revised Code.

(E)
"Director" means the director of natural resources or the
director's designee.

(F)
"Permanent structure" means any residential, commercial,
industrial, institutional, or agricultural building, any mobile home
as defined in division (O) of section 4501.01 of the Revised Code,
any manufactured home as defined in division (C)(4) of section
3781.06 of the Revised Code, and any septic system that receives
sewage from a single-family, two-family, or three-family dwelling,
but does not include any recreational vehicle as defined in section
4501.01 of the Revised Code.

(G)
"State agency" or "agency of the state" has the
same meaning as "agency" as defined in section 111.15 of
the Revised Code.

(H)
"Coastal flood hazard area" means any territory within the
coastal area that has been identified as a flood hazard area under
the "Flood Disaster Protection Act of 1973," 87 Stat. 975,
42 U.S.C.A. 4002, as amended.

(I)
"Coastal erosion area" means any territory included in Lake
Erie coastal erosion areas identified by the director under section
1506.06 of the Revised Code.

(J)
"Conservancy district" means a conservancy district that is
established under Chapter 6101. of the Revised Code.

(K)
"Park board" means the board of park commissioners of a
park district that is created under Chapter 1545. of the Revised
Code.

(L)
"Erosion control
structure
measure
"
means a
coastal

structure

or coastal restoration

that is designed
solely
and specifically
primarily

to
reduce or control
avulsion
or
erosion
of the shore along or near Lake Erie, including, without limitation,

beaches,

revetments,
seawalls, bulkheads, certain breakwaters, and similar

structures
measures
.

(M)
"
Shore

Coastal

structure"

includes, but is not limited to, beaches;

means
any structure constructed along or near the Ohio shoreline of Lake
Erie, or within the waters of Lake Erie, that may affect shore
erosion, wave action, or inundation including retaining walls;

groins;
revetments; bulkheads; seawalls; breakwaters;
certain
dikes designated by the chief of the division of water resources;

piers;
docks; jetties; wharves; marinas; boat ramps;
and
boathouses; and
any
associated fill
or
debris
used
as part of the construction of
shore

such

structures

that may affect shore erosion, wave action, or inundation; and fill
or debris that is placedalong or near the shore, including bluffs,
banks, or beach ridges, for the purpose of stabilizing slopes
.

(N)
"Coastal restoration" means restoration or enhancement of
lost natural coastal features along the shoreline of Lake Erie such
as beaches, dunes, wetlands, and associated uplands, or creation or
enhancement of beneficial natural coastal features such as beaches,
nature-based shorelines, wetlands, and other coastal habitats.

(O)
"Accretion" means the gradual and imperceptible enlargement
of the shore or other upland through the natural deposit of sediment,
sand, or other materials along the shore.

(P)
"Avulsion" means the sudden and perceptible loss of the
shore or other upland due to natural forces such as, without
limitation, floods, storms, or wave action.

(Q)
"Governmental" means any agency of the state or any
political subdivision of the state, including a county or municipal
corporation.

(R)
"Natural shoreline" means the line, which moves over time
under the natural processes of accretion, reliction, erosion, and
submergence, at which the water usually stands when free from
disturbing causes.

(S)
"Disturbing causes" means sudden, extraordinary, dramatic
or relatively short term actions or processes that are perceptible
when occurring, such as storms, storm surge, wind, waves, seiche,
harbor resonance, avulsion, or flooding. "Disturbing causes"
does not include the gradual and imperceptible processes of
accretion, reliction, erosion, or submergence.

(T)
"Erosion" means the process by which the action of water
gradually and imperceptibly causes the shore or other upland to be
worn, lost, or carried away from natural causes.

(U)
"Facility" means any development or improvement constructed
in Lake Erie, including existing fills, that is owned or operated by
a utility or governmental entity.

(V)
"Utility" means any utility company regulated by, within
the jurisdiction of, registered with, or licensed to do business in
the state of Ohio by the public utilities commission.

(W)
"Reliction" means the gradual and imperceptible retreat or
recession of the water from natural causes.

(X)
"Submergence" means the gradual and imperceptible
inundation of land by adjoining waters.

Sec.
1506.02.
(A)
The department of natural resources is hereby designated the lead
agency for the development and implementation of a coastal management
program. The director of natural resources:

(1)
Shall develop and adopt the coastal management program document. The
director shall cooperate and coordinate with other agencies of the
state and its political subdivisions in the development of the
document. Before adopting the document, the director shall hold four
public hearings on it in the coastal area, and may hold additional
public meetings, to give the public the opportunity to make comments
and recommendations concerning its terms. The director shall consider
the public comments and recommendations before adopting the document.
The director may amend the coastal management program document,
provided that, prior to making changes in it, the director notifies

by
mail
those
persons

who submitted comments and recommendations concerning the original
document and appropriate agencies of the state and its political
subdivisions

and organizations on the list maintained by the director under
division (A)(3)(a) of this section and also causes public notice of
any changes to be given by posting on the official public notice web
site established under section 125.182 of the Revised Code and on the
web site of the department of natural resources
.
The director
may

shall

hold
at least one public hearing on the proposed changes.

(2)
Shall administer the coastal management program in accordance with
the coastal management program document, this chapter, and rules
adopted under it;

(3)
Shall adopt and may amend or rescind rules under Chapter 119. of the
Revised Code for the implementation, administration, and enforcement
of the coastal management program and the other provisions of this
chapter. Before the adoption, amendment, or rescission of rules under
division (A)(3) of this section, the director shall do all of the
following:

(a)
Maintain a list of interested
public

persons

and

private

organizations
and
mail

send

notice
to those
persons
and
organizations
of any proposed rule or amendment to or rescission of a rule at least
thirty days before any public hearing on the proposal;

(b)

Mail

Send

a
copy of each proposed rule, amendment, or rescission to any person
who requests a copy within five days after receipt of the request;

(c)
Consult with appropriate statewide organizations and units of local
government that would be affected by the proposed rule, amendment, or
rescission.

Although
the director is expected to discharge these duties diligently,
failure to mail any notice or copy or to so consult with any person
is not jurisdictional and shall not be construed to invalidate any
proceeding or action of the director.

(4)
Shall provide for consultation and coordination between and among
state agencies, political subdivisions of the state, and interstate,
regional, areawide, and federal agencies in carrying out the purposes
of the coastal management program and the other provisions of this
chapter;

(5)
Shall, to the extent practicable and consistent with the protection
of coastal area resources, coordinate the rules and policies of the
department of natural resources with the rules and policies of other
state and federal agencies to simplify and consolidate the regulation
of activities along the Lake Erie shoreline;

(6)
May, to accomplish the purposes of the coastal management program and
the other provisions of this chapter, contract with any person and
may accept and expend gifts, bequests, and grants of money or
property from any person.

(B)
Every agency of the state, upon request of the director, shall
cooperate with the department of natural resources in the
implementation of the coastal management program.

(C)
The director shall establish a coastal management assistance grant
program. Grants may be awarded from federal funds received for that
purpose and from such other funds as may be provided by law to any
municipal corporation, county, township, park district created under
section 511.18 or 1545.04 of the Revised Code, conservancy district
established under Chapter 6101. of the Revised Code, port authority,
other political subdivision, state agency, educational institution,
or nonprofit corporation to help implement, administer, or enforce
any aspect of the coastal management program. Grants may be used for
any of the following purposes:

(1)
Feasibility studies and engineering reports for projects that are
consistent with the policies in the coastal management program
document;

(2)
The protection and preservation of wetlands, beaches, fish and
wildlife habitats, minerals, natural areas, prime agricultural land,
endangered plant and animal species, or other significant natural
coastal resources;

(3)
The management of shoreline development to prevent loss of life and
property in coastal flood hazard areas and coastal erosion areas, to
set
prioities
priorities

for water-dependent energy, commercial, industrial, agricultural, and
recreational uses, or to identify environmentally acceptable sites
for dredge spoil disposal;

(4)
Increasing public access to Lake Erie and other public places in the
coastal area;

(5)
The protection and preservation of historical, cultural, or aesthetic
coastal resources;

(6)
Improving the predictability and efficiency of governmental decision
making related to coastal area management;

(7)
Adopting, administering, and enforcing zoning ordinances or
resolutions relating to coastal flood hazard areas or coastal erosion
areas;

(8)
The redevelopment of deteriorating and underutilized waterfronts and
ports;

(9)

Providing
financial assistance to any owner of littoral property abutting Lake
Erie to protect the owner's private property rights;

(10)

Other
purposes approved by the director.

Sec.
1506.06.
(A)
The director of natural resources, using the best available
scientific records, data, and analyses of shoreline recession, shall
make a preliminary identification of Lake Erie coastal erosion areas,
which are the land areas anticipated to be lost by

recession of the

Lake
Erie-related
erosion
Erie
shoreline
within
a thirty-year period if no additional approved erosion control
measures are completed within that time. The preliminary
identification shall state the bluff recession rates for the coastal
erosion areas and shall take into account areas where substantial
filling, protective measures, or naturally stable land has
significantly reduced recession. Prior to making the preliminary
identification, the director shall consult with the appropriate
authority of each municipal corporation, county, and township having
territory within an area that the director proposes to identify as a
Lake Erie coastal erosion area.
Upon

Upon

making
the preliminary identification, the director shall notify by
certified mail the appropriate authority of each municipal
corporation, county, and township having territory within a Lake Erie
coastal erosion area of the preliminary identification. The notice
shall delineate the portion of a Lake Erie coastal erosion area
within the jurisdiction of, and shall be made available for public
inspection by, the municipal corporation, county, or township. The
director also shall
publish
a notice in a newspaper of general circulation in each affected
locality stating that the preliminary identification has been made
and stating where information delineating the Lake Erie coastal
erosion areas may be inspected by the public and shall
notify
each landowner of record in a coastal erosion area of the preliminary
identification. The notification shall be sent by certified mail to
the
affected

landowner
at the address indicated in the most recent tax duplicate. Within

sixty

thirty

days
after the notifications required by this division, the director shall
hold public
hearings

meetings

in
each of the shoreline counties on the preliminary identification of
the Lake Erie coastal erosion areas.
Any

Any

affected
municipal corporation, county, township, or private landowner may
file with the director a written objection to the preliminary
identification at any
of
those hearings
such
public meeting
or
at any other time within
one
hundred twenty
ninety

days
from the date
indicated
in
of

the
certified mail notice
,
which date shall be one week following the date of the notice
.
For any such objection, verifiable evidence or documentation shall be
submitted indicating that some portion of a Lake Erie coastal erosion
area should not have been included in the areas defined by the
preliminary identification. A municipal corporation, county, or
township may object only with respect to territory within its
jurisdiction or other territory that it owns; a private landowner may
object only with respect to the landowner's land.

(B)
The director shall review all objections filed under division (A) of
this section. The director may then modify the preliminary
identification of Lake Erie coastal erosion areas. Within the next
ninety days, the director shall notify each objecting person of the
director's decision regarding the objection. The director also shall
notify, within that ninety-day period, any other owner for whom the
director's decision results in a modification on that other owner's
property.

(C)
Whenever the preliminary identification of a Lake Erie coastal
erosion area is modified as a result of an objection, the director
shall so notify the affected municipal corporation, county, or
township and shall publish a notice of the modification in a
newspaper of general circulation in the affected locality. Objections
to modifications may be filed within sixty days of the newspaper
notification required by this division or within sixty days of the
date of the property owner's notification required by division (B) of
this section, whichever is later, and shall be filed in the same
manner as objections to the original preliminary identification. The
director shall rule on each objection to a modification within sixty
days after receiving it.

(D)
After the director has ruled on each objection filed under division
(B) or (C) of this section, the director shall make a final
identification of the Lake Erie coastal erosion areas
andshall
and
shall

notify by certified mail the appropriate authority of each affected
municipal corporation, county, and township of the final
identification. The final identification may be appealed under
section 1506.08 of the Revised Code.

(E)
At least once every ten years, the director shall review and may
revise the identification of Lake Erie coastal erosion areas, taking
into account any recent natural or artificially induced changes
affecting anticipated recession. The review and revision shall be
done in the same manner as that provided for original preliminary and
final identification in this section.

(F)
Any person who has received written notice under this section or
section 5302.30 of the Revised Code that a parcel or any portion of a
parcel of real property that the person owns has been included in a
Lake Erie coastal erosion area identified under this section shall
not sell or transfer any interest in that real property unless the
person first provides written notice to the purchaser or grantee that
the real property is included in a Lake Erie coastal erosion area.
The written notice shall be provided in accordance with section
5302.30 of the Revised Code.

(G)
No state agency, county, township, or municipal corporation, or any
other political subdivision or special district in this state
established by law shall use the fact that property has been
identified as a Lake Erie coastal erosion area as a basis for any of
the following:

(1)
Failing to enter into or renew a lease
or

under
section 1506.11 of the Revised Code or failing
to
issue or renew a permit under section
1506.11

1506.40

of
the Revised Code;

(2)
Failing to issue or renew a permit required by law, other than a
permit issued under section 1506.07 of the Revised Code;

(3)
Taking private property for public use in the exercise of the power
of eminent domain;

(4)
Determining what constitutes just compensation for a taking of the
property in the exercise of the power of eminent domain.

Sec.
1506.10.
(A)
As used in this section and sections 1506.11 and 1506.40 of the
Revised Code, "territory" means the waters and the lands
presently underlying the waters of Lake Erie and the lands formerly
underlying the waters of Lake Erie and now artificially filled,
between the natural shoreline and the international boundary line
with Canada. "Territory" does not include any of the
following:

(1)
Deeded lands that become submerged due to avulsion. Any land
presently underlying the waters of Lake Erie within the boundary of a
valid and recorded deed are presumed to have become submerged by
avulsion. The presumption may be overcome by the state only with
clear and convincing evidence that such loss of land was the result
of erosion or submergence.

(2)
Land formerly underlying the waters of Lake Erie and now artificially
filled if the artificial fill was placed landward of a natural
shoreline that existed prior to an avulsive event;

(3)
Land formed by accretion. The state shall not claim ownership of
accreted lands unless clear and convincing evidence establishes that
such land was created by artificial means under the control of the
littoral property owner.

(B)

It
is hereby declared that the waters of Lake Erie consisting of the
territory within the boundaries of the state, extending from the

southerly
shore
natural
shoreline
of
Lake Erie to the international boundary line between the United
States and Canada, together with the soil beneath and their contents,
do now belong and have always, since the organization of the state of
Ohio, belonged to the state as proprietor in trust for the people of
the state, for the public uses to which they may be adapted, subject
to the powers of the United States government, to the public rights
of navigation, water commerce, and fishery, and to the property
rights of littoral owners, including the right
to
wharf out to navigable waters and
to

access
and
make
reasonable use of the waters in front of or flowing past their lands.
Any artificial encroachments by public or private littoral owners,
which interfere with the free flow of commerce in navigable channels,
whether in the form of wharves, piers, fills, or otherwise, beyond
the natural shoreline of those waters, not expressly authorized by
the general assembly, acting within its powers, or pursuant to
section 1506.11 of the Revised Code, shall not be considered as
having prejudiced the rights of the public in such domain. This
section does not limit the right of the state to control, improve, or
place aids to navigation in the other navigable waters of the state
or the territory formerly covered thereby.

(C)
Littoral property owners adjacent to Lake Erie retain all private
property rights to their deeded lands landward of the natural
shoreline, including the right to exclude others and the right to
protect their deeded property from erosion and avulsion. The state
shall not claim, regulate, or lease any deeded lands lying landward
of the natural shoreline under the public trust doctrine.

(D)

The
department of natural resources is hereby designated as the state
agency in all matters pertaining to the care, protection, and
enforcement of the state's rights designated in this section.

(E)

Any
order of the director of natural resources in any matter pertaining
to the care, protection, and enforcement of the state's rights in
that territory is a rule or adjudication within the meaning of
sections 119.01 to 119.13 of the Revised Code.

Sec.
1506.11.
(A)

"Territory,"
as
As

used
in this section,

"local
authority"
means

the waters and the lands presently underlying the waters of Lake Erie
and the lands formerly underlying the waters of Lake Erie and now
artificially filled, between the natural shoreline and the
international boundary line with Canada.

(B)
Whenever the state, acting through the director of natural resources,
upon application of any
any
of the following:

(1)
A board of county commissioners with jurisdiction over territory
sought to be leased, unless a municipal corporation or port authority
has such jurisdiction;

(2)
The legislative authority of a municipal corporation with
jurisdiction over territory sought to be leased, unless a port
authority has such jurisdiction;

(3)
A board of directors of a port authority with jurisdiction over
territory sought to be leased.

(B)
No
person

who
wants to develop or improve
shall
construct a facility upon
part
of the territory

for utility or governmental use
,
and after notice that the

without applying for and obtaining a lease from the director of
natural resources under this section.

(C)
In describing the territory for purposes of an application to
construct a facility, the applicant shall estimate the natural
shoreline as accurately as possible using the best practicable
measures. However, the estimation of the natural shoreline is solely
for the purposes of the administration of this section and does not
constitute a legally binding determination or declaration of the
natural shoreline or the respective rights of the public, the state,
the applicant, or any owner of upland property.

(D)
The
director
,
at the director's discretion, may give as provided in this section,

may
enter into a lease with an applicant under this section if both of
the following apply:

(1)
The director
determines
that any part of the territory can be developed and improved
,

or the waters thereof used
,

as specified in the application without impairment of the public
right of navigation, water commerce, and fishery,
a
lease of all or any part of the state's interest therein may be
entered into with the applicant, or a permit may be issued for that
purpose,
subject
to the powers of the United States government
and
in accordance with rules adopted by the director in accordance with
Chapter 119. of the Revised Code,
and
without prejudice to the littoral rights of any owner of land
fronting on Lake Erie
,
provided that the legislative authority of the municipal corporation
within which any such part of the territory is located, if the
municipal corporation is not within the jurisdiction of a port
authority, or the county commissioners of the county within which
such part of the territory is located, excluding any territory within
a municipal corporation or under the jurisdiction of a port
authority, or the board of directors of a port authority with respect
to such part of the territory included in the jurisdiction of the
port authority,
;

(2)
The appropriate local authority
has
enacted an ordinance or resolution finding and determining
that
such
both
of the following:

(a)
The
part
of the territory, described by
metes
and bounds or by an alternate description referenced to the
applicant's upland property description that is considered adequate
by the director,
plat
of survey,
is
not necessary or required for the construction, maintenance, or
operation by the
municipal
corporation, county, or port
local

authority
of breakwaters, piers, docks, wharves, bulkheads, connecting ways,
water terminal facilities, and improvements and marginal highways in
aid of navigation and water commerce

and that the
.

(b)
The
land
uses specified in the application comply with regulation of
permissible land use under a waterfront plan of the local authority.

(C)

(E)

Upon
the filing of
the

a complete
application
with the director, the director
may

shall

hold
a public hearing thereon and
may

shall

cause
written notice of the filing to be given to any municipal
corporation, county, or port authority, as the case may be, in which
such part of the territory is located and also shall cause public
notice of the filing to be given by advertisement in a newspaper of
general circulation within the locality where such part of the
territory is located.
If
a hearing is to be held, public
Public

notice
of the filing may be combined with public notice of the hearing and
shall be given once a week for four consecutive weeks prior to the
date of the initial hearing. All hearings shall be before the
director and shall be open to the public, and a record shall be made
of the proceeding. Parties thereto are entitled to be heard and to be
represented by counsel. The findings and order of the director shall
be in writing. All costs of the hearings, including publication
costs, shall be paid by the applicant.
The
director also may hold public meetings on the filing of an
application.

(F)
The director may approve, deny, or conditionally approve an
application for a lease. If an application is denied or conditionally
approved, the applicant may request an adjudication hearing under
Chapter 119. of the Revised Code. If requested in writing by the
applicant within thirty days of issuance of a notice of denial or
conditional approval of the application, the director shall conduct
an adjudication hearing under Chapter 119. of the Revised Code. After
reviewing the record of any hearing and adjudication hearing, as
applicable, the director shall issue a final order approving,
denying, or conditionally approving the lease application.

(G)

If
the director finds that a lease may properly be entered into with
the

an
applicant, the director shall proceed as follows:

(1)
For a utility
applicant

or a permit may properly be issued to the applicant
,
the director shall determine the consideration to be paid by the
applicant
,
which
.
The
consideration
shall exclude the value of the littoral rights of the owner of land
fronting on Lake Erie and improvements made or paid for by the owner
of land fronting on Lake Erie or that owner's predecessors in title
.

(2)
For a governmental applicant, the consideration to be paid shall be
one dollar per calendar year
.

The

(3)
For all applicants, the
lease

or
permit
may
be for such periods of time as the director determines
,
with an initial term of not less than fifty years
.
The rentals received under the terms of such a lease
or
permit
shall
be paid into the state treasury to the credit of the Lake Erie
submerged lands fund, which is hereby created, and shall be
distributed from that fund as follows:

(1)
(a)

Fifty per cent of each rental shall be paid to the department of
natural resources for the administration of this section and
section

sections
1506.02 and
1506.10
of the Revised Code

and for the coastal management assistance grant program required to
be established under division (C) of section 1506.02 of the Revised
Code
;

(2)
(b)

Fifty per cent of each rental shall be paid to the municipal
corporation, county, or port authority making the finding provided
for in this section.

All
leases and permits
(H)
A lease
shall
be executed in the manner provided by section
5501.01

1501.01

of
the Revised Code

and
.
The lease
shall
contain, in addition to the provisions required in this section, a
reservation to the state of all mineral rights and a provision that
the removal of any minerals shall be conducted in such manner as not
to damage any improvements placed by the littoral owner
,

or

lessee
,
or permit holder on the lands
.
No lease
or
permit
of
the lands defined in this section shall express or imply any control
of fisheries or aquatic wildlife now vested in the division of
wildlife of the department.

(D)
Upland owners

(I)
Any person
who
,

owns a facility constructed

prior to October 13, 1955,
have
erected, developed, or maintained structures, facilities, buildings,
or improvements or made use of waters in the part of the territory in
front of those uplands
shall
be granted a lease
or
permit
by
the state upon the presentation of a certification by the chief
executive of a municipal corporation, resolution of the board of
county commissioners, or resolution of the board of directors of the
port authority establishing that the
structures,
facilities, buildings, improvements, or uses do
facility
does
not
constitute an unlawful encroachment on navigation and water commerce.
The lease
or
permit
shall
specifically
enumerate

describe

the

structures,
facilities, buildings, improvements, or uses so included
facility
.

(E)

(J)

Persons
having secured a lease
or
permit
under
this section are entitled to just compensation for the taking,
whether for navigation, water commerce, or otherwise, by any
governmental authority having the power of eminent domain, of

structures,

facilities
,
buildings, improvements, or uses

erected or placed upon
part
of
the
territory pursuant to the lease
or
permit
or
the littoral rights of the person and for the taking of the leasehold
and the littoral rights of the person pursuant to the procedure
provided in Chapter 163. of the Revised Code. The compensation shall
not include any compensation for the site in the territory except to
the extent of any interest in the site theretofore acquired by the
person under this section or by prior acts of the general assembly or
grants from the United States government. The failure of any person
to apply for or obtain a lease
or
permit
under
this section does not prejudice any right the person may have to
compensation for a taking of littoral rights or of improvements made
in accordance with a lease
,
a permit,

or littoral rights.

(F)

(K)

If
any taxes or assessments are levied or assessed upon property that is
the subject of a lease
or
permit
under
this section, the taxes or assessments are the obligation of the
lessee

or permit holder
.

(G)

(L)

If
a lease
or
permit
secured
under this section requires the lessee
or
permit holder
to
obtain the approval of the department or any of its divisions for any
changes
in
structures, facilities, or buildings, for any improvements, or for
any changes or expansion in uses
to
the facility
,

no

the

lessee

or
permit holder
shall

change

not
make
any

structures,
facilities, or buildings, make any improvements, or expand or change
any uses
changes
to the facility
unless
the director first determines that the proposed action will not
adversely affect
any
current or prospective exercise of the public right of recreation in

the
territory and
in

the
state's reversionary interest in any territory leased
or
permitted
under
this section.

Proposed
changes or improvements shall be deemed to "adversely affect"
the public right of recreation if the changes or improvements cause
or will cause any significant demonstrable negative impact upon any
present or prospective recreational use of the territory by the
public during the term of the lease or permit or any renewals and of
any public recreational use of the leased or permitted premises in
which the state has a reversionary interest.

(M)
The director or the director's duly authorized representative may
enter at reasonable times upon any property to inspect any facility
in order to determine if it complies with this section, a lease
issued under it, or any rule adopted under it. If entry is prevented
or hindered, the director or the director's authorized representative
may apply for, and the court of common pleas having appropriate
jurisdiction may issue, an appropriate inspection warrant necessary
to achieve the purposes of this section and rules adopted under it.

(N)
Within ninety days after effective date of this amendment, the
director shall adopt rules in accordance with Chapter 119. of the
Revised Code governing the leasing process provided for in this
section and any rules necessary for the administration,
implementation, and enforcement of this section.

Sec.
1506.40.
No

Beginning
on the effective date of this amendment, no
person
shall construct a
beach,
groin, or other
coastal

structure

to
control erosion, wave action, or inundation
or
perform coastal restoration
along
or near the Ohio shoreline of Lake Erie

or within the waters of Lake Erie
,
including related islands, bays, and inlets, without first obtaining
a
shore
structure
permit
from the director of natural resources

under section 1506.401 or 1506.402 of the Revised Code
.

The
application for a permit shall include detailed plans and
specifications prepared by a professional engineer registered under
Chapter 4733. of the Revised Code. An applicant shall provide
appropriate evidence of compliance with any applicable provisions of
this chapter and Chapters 1505. and 1521. of the Revised Code, as
determined by the director. A temporary shore structure permit may be
issued by the director if it is determined necessary to safeguard
life, health, or property.

Each
application or reapplication for a permit under this section shall be
accompanied by a non-refundable fee as the director shall prescribe
by rule.

If
the application is approved, the director shall issue a permit to the
applicant authorizing construction of the project. If requested in
writing by the applicant within thirty days of issuance of a notice
of disapproval of the application, the director shall conduct an
adjudication hearing under Chapter 119. of the Revised Code, except
sections 119.12 and 119.121 of the Revised Code. After reviewing the
record of the hearing, the director shall issue a final order
approving the application, disapproving it, or approving it
conditioned on the making of specified revisions in the plans and
specifications.

The
director, by rule, shall limit the period during which a construction
permit issued under this section is valid and shall establish
reapplication requirements governing a construction permit that
expires before construction is completed.

In
accordance with Chapter 119. of the Revised Code, the director shall
adopt, and may amend or rescind, such rules as are necessary for the
administration, implementation, and enforcement of this section.

Sec.
1506.401.
(A)
As used in this section and section 1506.402 of the Revised Code:

(1)
"Ohio Coastal Design Manual" means chapter four of the Ohio
Coastal Design Manual, first edition, 2011, published by the
department of natural resources' office of coastal management.

(2)
"Within the boundaries of the property owner's property"
may include the minimum amount of territory in Lake Erie required to
achieve a 3/1 slope for revetment stabilization.

(B)
Upon applying for and obtaining a permit under this section, an owner
of littoral property abutting Lake Erie may construct, maintain, or
repair a coastal structure or perform coastal restoration, for
purposes of reducing or controlling erosion or avulsion of the
littoral property, exclusively within the boundaries of the property
owner's property, as determined by the property owner's deed.

(C)
Prior to commencing construction of a coastal structure or performing
coastal restoration under this section, the littoral property owner
shall do all of the following:

(1)
Obtain a boundary survey to confirm that the coastal structure's
construction will occur exclusively within the boundaries of the
property owner's property;

(2)
Employ a licensed contractor, a professional engineer, or both, as
determined reasonable in the property owner's sole discretion, to
prepare plans that are consistent with the design guidelines and
examples in the Ohio Coastal Design Manual. The director shall not
require the property owner to obtain plans prepared by a professional
engineer, or to obtain a topographical survey. For revetments, the
use of two to four ton armor stone shall be presumed reasonable.

(3)
Submit an application with the plans and a boundary survey to the
director of natural resources on a form prescribed by rule of the
director for the director's review and approval. The application form
shall state that such submitted plans are not required to include
detailed engineering specifications and calculations.

(4)
At the time of submitting the plans and survey, provide written
notice of the application for the construction to any adjacent
property owners;

(5)
Pay a nonrefundable fee, as prescribed by the director in rules, not
to exceed twenty-five dollars.

(D)(1)
The director shall approve, approve with modifications, or deny a
permit under this section not later than thirty days following
submission of the completed application.

(2)
The director shall approve a permit without modification if the
proposed construction of the coastal structure or the coastal
restoration is consistent with the design guidelines and examples in
the Ohio Coastal Design Manual.

(E)
The director may deny an application if the proposed coastal
structure or coastal restoration will do either of the following:

(1)
Endanger life, health, or property;

(2)
Prejudice the littoral rights of any owner of land fronting on Lake
Erie without permission of that owner.

(F)
An application is deemed approved if the director takes no action
within thirty days following a littoral property owner's submission
of a complete application.

(G)
If the director requires an "as built" drawing following
completion of the coastal structure or coastal restoration, a drawing
prepared by the licensed contractor who constructed the coastal
structure or performed the coastal restoration shall fully satisfy
such requirement. The director shall not require any additional work
on, or revisions to, the coastal structure or coastal restoration if
the coastal structure or coastal restoration, as shown by the "as
built" drawing, is consistent with the design guidelines and
examples in the Ohio Coastal Design Manual and the provisions of this
division. Any additional work on, or revisions to, the coastal
structure or coastal restoration required by the director for
substantial noncompliance shall be the least-cost remedy available to
the littoral property owner.

(H)(1)
If requested in writing by the applicant within thirty days of the
denial or conditional approval of an application, the director shall
conduct an adjudication hearing under Chapter 119. of the Revised
Code. Sections 119.12 and 119.121 of the Revised Code do not apply to
the adjudication hearing.

(2)
After reviewing the record of the hearing, the director shall issue a
final order approving the application, denying it, or approving it
conditioned on the making of specified revisions in the plans and
specifications, as applicable.

(I)
The director may issue a temporary emergency permit under this
section if the director determines it is necessary to safeguard life,
health, or property. Following completion of the approved project,
the director shall issue a permit to the property owner if the
director determines that the completed project does not cause one of
the harms in division (E) of this section.

(J)
Within ninety days after the effective date of this section, the
director shall adopt rules in accordance with Chapter 119. of the
Revised Code, governing the permit applications and permit processes
provided for in this section, and may amend such rules when necessary
for the administration, implementation, and enforcement of this
section.

Sec.
1506.402.
(A)
Any person intending to commence construction of a coastal structure
or perform coastal restoration not addressed in section 1506.401 of
the Revised Code shall apply for a permit from the director of
natural resources as provided in this section.

(B)
An applicant for such a permit shall include all of the following in
the application, as applicable:

(1)
Detailed plans and specifications. The director may require such
plans and specifications to be prepared by a professional engineer
registered under Chapter 4733. of the Revised Code. However, the
director shall not require such plans and specifications to be
prepared by a professional engineer if the plans and specifications
are for one of the following projects: floating or pile-supported
docks for seasonal use, nature-based shorelines, beaches, dunes,
wetlands, and associated uplands, and certain revetments as shall be
defined by rules adopted by the director.

(2)
Appropriate evidence that the proposed project will not present a
risk of one or more of any of the following:

(a)
Endangering life, health, or property;

(b)
Prejudicing the littoral rights of any owner of land fronting on Lake
Erie without permission of that owner;

(c)
Destroying or greatly impairing public uses of navigation, water
commerce, and fishing.

(3)
Appropriate evidence of upland interest or littoral rights in the
area where the coastal structure or coastal restoration is proposed;

(4)
For a permit application for a coastal structure that will
significantly impact littoral transport of sand and sediment, a
sediment impact analysis and a long-term sand monitoring and
bypassing plan, as prescribed by the director in rules;

(5)
A nonrefundable application fee, as prescribed by the director in
rules, which shall not exceed one hundred dollars.

(C)
Upon the receipt of a complete application for a permit under this
section, the director may provide public notice of the application by
advertisement in a newspaper of general circulation within the
locality where the project is proposed to be located.

(D)
Within sixty days of receipt of a complete application under this
division, the director shall approve a permit for the proposed
construction of a coastal structure or performance of coastal
restoration under this section if the director finds both of the
following:

(1)
The proposed project does not present a risk of one or more of the
harms described in division (B)(2) of this section.

(2)
The project design is consistent with the design guidelines and
examples in the Ohio Coastal Design Manual.

(E)
The director may hold public meetings or a public hearing on the
application if either of the following applies:

(1)
The director determines that the proposed project will cause one or
more of the harms described in division (B)(2) of this section.

(2)
An owner of littoral property adjacent to the applicant's property
submits a written objection to the director asserting that the
proposed project will cause one or more of the harms described in
division (B)(2) of this section.

(F)
If a public hearing is to be held, the director shall provide public
notice of the hearing once a week for four consecutive weeks prior to
the date of the hearing in a manner determined appropriate by the
director.

(G)
All hearings shall be before the director and shall be open to the
public. The director shall make a record of the hearing and shall pay
the costs of the hearing, including any publication costs. Parties to
the hearing are entitled to be heard and represented by counsel.

(H)
Not later than fourteen days after the completion of the last
hearing, the director shall make all findings and issue any order
resulting from the hearing. Those findings and any order shall be in
writing.

(I)
If the director elects not to hold a public hearing, the director
shall issue the director's findings and issue a written order
approving, approving with conditions, or denying the application
within sixty days after receipt of a complete application under this
division.

(J)
If an application for a permit is approved, the director shall issue
a permit to the applicant authorizing construction of the coastal
structure or performance of the coastal restoration.

(K)(1)
Following approval of a permit application and the commencement of
construction of a coastal structure or performance of a coastal
restoration under this section, the director shall not require
amendments or revisions to, or reconstruction or removal of, a
project unless the director shows, by clear and convincing evidence,
either of the following:

(a)
That such action is essential to prevent one or more of the harms
described in division (B)(2) of this section;

(b)
The "as built" project substantially deviates from the
proposed design in a manner that is likely to endanger life, health,
or property.

(2)
Any remedial action required under division (K)(1) of this section
shall be the least-cost remedy available to the littoral property
owner.

(L)(1)
If requested in writing by the applicant, within thirty days of
issuance of a notice of disapproval or conditional approval of an
application, the director shall conduct an adjudication hearing under
Chapter 119. of the Revised Code. Sections 119.12 and 119.121 of the
Revised Code do not apply to the adjudication hearing.

(2)
After reviewing the record of the hearing, the director shall issue a
final order approving the application, denying it, or approving it
with conditions, as applicable.

(M)
The director may issue a temporary emergency permit under this
section if the director determines it is necessary to safeguard life,
health, or property. Following completion of the approved project,
the director shall issue a permit to the property owner if the
director determines that the completed project does not cause one of
the harms in division (B)(2) of this section.

(N)
Within ninety days after the effective date of this section, the
director shall adopt rules in accordance with Chapter 119. of the
Revised Code, governing the permit applications and permit processes
provided for in this section, and may amend such rules when necessary
for the administration, implementation, and enforcement of this
section.

Sec.
1506.403.
(A)
For any permit issued under section 1506.401 or 1506.402 of the
Revised Code, the director of natural resources, by rule, may limit
the period during which construction may be completed before the
permit expires and may establish reapplication requirements governing
a permit that expires before construction is completed. Once
construction under a permit issued under section 1506.401 or 1506.402
of the Revised Code is completed, the permit is valid for the life of
the coastal structure or coastal restoration. If there is a change in
ownership of the coastal structure or coastal restoration, the permit
automatically transfers to the new owner.

(B)
A person, other than a utility or government, who owns a coastal
structure or coastal restoration that was constructed subject to a
submerged lands lease issued under section 1506.11 of the Revised
Code, as it was in effect prior to the effective date of this
section, may do either of the following:

(1)
Maintain the person's submerged lands lease and, if applicable, shore
structure permit;

(2)
Apply for a permit under section 1506.401 or 1506.402 of the Revised
Code, and, upon issuance thereof, surrender the submerged lands lease
and, if applicable, shore structure permit.

(C)
A permit holder may maintain or repair a coastal structure or coastal
restoration without issuance of a new permit. However, a permit
holder shall obtain a new or amended permit prior to commencing any
new construction or expansion of a coastal structure or coastal
restoration. A littoral property owner that constructed a coastal
structure or coastal restoration prior to the effective date of this
section may apply to the director for issuance of a permit under
section 1506.401 or 1506.402 of the Revised Code.

(D)
The director may order work to cease on any coastal structure or
coastal restoration that commenced after the effective date of this
section without or in violation of a permit. The director may order
the removal or correction of any coastal structure or coastal
restoration that was constructed after the effective date of this
section without or in violation of a permit. Such an order may be
appealed in accordance with Chapter 119. of the Revised Code. The
property owner affected by such an order also may apply for a permit
under section 1506.401 or 1506.402 of the Revised Code, and the
issuance of a permit by the director shall result in withdrawal of
the order.

(E)
The director may order the immediate correction or removal of any
coastal structure, coastal restoration, or unconsolidated rubble or
debris along or near the shore of Lake Erie or within the waters of
Lake Erie that the director determines is endangering life, health,
or property. An order of the director issued under this division is
subject to appeal in accordance with Chapter 119. of the Revised
Code. If the director determines that the coastal structure, coastal
restoration, or unconsolidated rubble or debris is so threatening to
life, health, or property as to not allow time for the issuance and
enforcement of such an order, the director may immediately correct or
remove that coastal structure, coastal restoration, or unconsolidated
rubble or debris.

(F)
The director or the director's duly authorized representative may,
upon the notice prescribed in this section, enter at reasonable times
during daylight hours upon any property to inspect any coastal
structure or coastal restoration in order to determine if it complies
with a permit issued under section 1506.401 or 1506.402 of the
Revised Code and rules adopted under either section. If entry is
prevented or hindered, the director or the director's authorized
representative may apply for, and the court of common pleas having
appropriate jurisdiction may issue, an appropriate inspection warrant
necessary to achieve the purposes of section 1506.401 or 1506.402 of
the Revised Code.

Notice
of the date and time of such proposed entry shall be given to the
owner or the person in possession by such means as are reasonably
available not less than forty-eight hours nor more than five days
prior to the date of such entry. The director shall make restitution
or reimbursement for any actual damage resulting to such lands,
waters, and premises and to improvements or personal property located
in, on, along, over, or under such lands, waters, and premises, as a
result of such activities. If the parties are unable to agree upon
restitution or other settlement, damages are recoverable by civil
action to which the state hereby consents.

Sec.
1506.41.
All
moneys derived from the granting of permits and leases under section
1505.07 of the Revised Code for the removal of sand, gravel, stone,
gas, oil, and other minerals and substances from and under the bed of
Lake Erie and from applications for
shore
structure
permits
submitted under section
1506.40

1506.401
or 1506.402
of
the Revised Code shall be paid into the state treasury to the credit
of the permit and lease fund, which is hereby created.
Notwithstanding any section of the Revised Code relating to the
distribution or crediting of fines for violations of the Revised
Code, all fines imposed under division (A) of section 1505.99 of the
Revised Code and under division (C) of section 1506.99 of the Revised
Code shall be paid into that fund. The fund shall be administered by
the department of natural resources for the protection of Lake Erie
shores and waters; investigation and control of erosion; the
planning, development, and construction of facilities for
recreational use of Lake Erie; implementation of
section
1506.40
sections
1506.401 and 1506.402
of
the Revised Code; preparation of the state shore erosion plan under
section 1506.47 of the Revised Code; and state administration of Lake
Erie coastal erosion areas under sections 1506.06 and 1506.07 of the
Revised Code.

Sec.
1506.44.
(A)
A board of county commissioners may use a loan obtained under
division (C) of this section to provide financial assistance to any
person who owns real property in a coastal erosion area and who has
received a permit under section
1506.40

1506.401
or 1506.402
of
the Revised Code to construct an erosion control
structure

measure

in
that coastal erosion area. The board shall enter into an agreement
with the person that complies with all of the following requirements:

(1)
The agreement shall identify the person's real property for which the
erosion control
structure

measure

is
being constructed and shall include a legal description of that
property and a reference to the volume and page of the deed record in
which the title of that person to that property is recorded.

(2)
In accordance with rules adopted by the Ohio water development
authority under division (V) of section 6121.04 of the Revised Code
for the purposes of division (C) of this section and pursuant to an
agreement between the board and the authority under that division,
the board shall agree to cause payments to be made by the authority
to the contractor hired by the person to construct an erosion control

structure

measure

in
amounts not to exceed the total amount specified in the agreement
between the board and the person.

(3)
The person shall agree to pay to the board, or to the authority as
the assignee pursuant to division (C) of this section, the total
amount of the payments plus administrative or other costs of the
board or the authority at times, in installments, and bearing
interest as specified in the agreement.

The
agreement may contain additional provisions that the board determines
necessary to safeguard the interests of the county or to comply with
an agreement entered into under division (C) of this section.

(B)
Upon entering into an agreement under division (A) of this section,
the board shall do all of the following:

(1)
Cause the agreement to be recorded in the county deed records in the
office of the county recorder of the county in which the real
property is situated. Failure to record the agreement does not affect
the validity of the agreement or the collection of any amounts due
under the agreement.

(2)
Establish by resolution an erosion control repayment fund into which
shall be deposited all amounts collected under division (B)(3) of
this section. Moneys in that fund shall be used by the board for the
repayment of the loan and for administrative or other costs of the
board or the authority as specified in an agreement entered into
under division (C) of this section. If the amount of money in the
fund is inadequate to repay the loan when due, the board of county
commissioners, by resolution, may advance money from any other fund
in order to repay the loan if that use of the money from the other
fund is not in conflict with law. If the board so advances money in
order to repay the loan, the board subsequently shall reimburse each
fund from which the board advances money with moneys from the erosion
control repayment fund.

(3)
Bill and collect all amounts when due under the agreement entered
into under division (A) of this section. The board shall certify
amounts not paid when due to the county auditor, who shall enter the
amounts on the real property tax list and duplicate against the
property identified under division (A)(1) of this section. The
amounts not paid when due shall be a lien on that property from the
date on which the amounts are placed on the tax list and duplicate
and shall be collected in the same manner as other taxes.

(C)
A board may apply to the authority for a loan for the purpose of
entering into agreements under division (A) of this section. The loan
shall be for an amount and on the terms established in an agreement
between the board and the authority. The board may assign any
agreements entered into under division (A) of this section to the
authority in order to provide for the repayment of the loan and may
pledge any lawfully available revenues to the repayment of the loan,
provided that no moneys raised by taxation shall be obligated or
pledged by the board for the repayment of the loan. Any agreement
with the authority pursuant to this division is not subject to
Chapter 133. of the Revised Code or any requirements or limitations
established in that chapter.

(D)
The authority, as assignee of any agreement pursuant to division (C)
of this section, may enforce and compel the board and the county
auditor by mandamus pursuant to Chapter 2731. of the Revised Code to
comply with division (B) of this section in a timely manner.

(E)
The construction of an erosion control
structure

measure

by
a contractor hired by an individual homeowner, group of individual
homeowners, or homeowners association that enters into an agreement
with a board under division (A) of this section is not a public
improvement, as defined in section 4115.03 of the Revised Code, and
is not subject to competitive bidding or public bond laws.

Section
2.
That
existing sections 1506.01, 1506.02, 1506.06, 1506.10, 1506.11,
1506.40, 1506.41, and 1506.44 of the Revised Code are hereby
repealed.

Section
3.
(A)
As used in this section, "territory" has the same meaning
as in section 1506.10 of the Revised Code.

(B)(1)
Not later than one hundred twenty days after the effective date of
this section, the Director of Natural Resources shall examine each
lease entered into with the state under section 1506.11 of the
Revised Code, as it existed prior to its amendment by this act, to
determine whether all or part of the land leased is not part of the
territory.

(2)
Not later than one hundred eighty days after the effective date of
this section, the Director shall provide notice by certified mail to
all lessees of the following, as applicable:

(a)
That the lessee may request the state to terminate or modify the
lessee's lease under division (C) of this section, as applicable, if
all or part of the land leased is not part of the territory;

(b)
That the lessee may be required to apply for a permit under section
1506.401 or 1506.402 of the Revised Code;

(c)
That the lessee may take no action and remain under the terms of the
lessee's current lease.

(3)
Such notice shall include the Director's opinion regarding whether
all or part of the land leased is not part of the territory.

(C)(1)
The Director shall modify a lease to exclude lands that are not part
of the territory if one of the following occurs:

(a)
The Director finds, as stated in the notice, that part of the lands
for which the lease was entered into is not part of the territory and
the lessee consents to modifying the lease;

(b)
The lessee provides documentation to the Director demonstrating that
part of the lands for which the lease was entered into is not part of
the territory.

(2)
The Director shall terminate a lease if one of the following occurs:

(a)
The Director finds, as stated in the notice, that all of the lands
for which the lease was entered into are not part of the territory
and the lessee consents to terminating the lease;

(b)
The lessee provides documentation to the Director demonstrating that
all of the lands for which the lease was entered into is not part of
the territory.

(3)
All leases modified or terminated in accordance with this division
shall be modified or terminated as of May 21, 2015. The Director
shall return any rentals collected from May 21, 2015, to the
effective date of this section under any lease terminated or modified
under this division to the persons who were the lessees under the
lease during that time period and prorate the rentals accordingly.

(D)
Any lease modified under division (C) of this section is valid and
continues in full force and effect. If, under division (C) of this
section, a lessee does not take action to terminate a lease and the
Director does not terminate the lease, the lease is valid and
continues in full force and effect.

(E)
Division (C) of this section is intended to apply retroactively to
the extent specified in that division. Division (C) of this section
is remedial in nature to remedy the boundary dispute identified in

State
ex rel. Merrill v. Ohio Dept. of Natural Resources
,
130 Ohio St.3d 30, 2011-Ohio-4612.

(F)
Any permit that was issued under section 1506.40 of the Revised Code
or any equivalent permit issued under Chapter 1506. of the Revised
Code prior to the effective date of this section remains in effect.