Ohio Administrative Code

19.03 PDF: (A) District public works integrating committees and their sub-committees, including those required by Chapter 164. of the Revised Code, county sub-committees and all other sub-committees established by a district committee are public bodies, as defined in section 121.…

19.03 PDF: (A) In selecting projects for submission to the director or the administrator, district committees, executive committees, and small government subcommittees, shall comply with all the requirements of divisions (B) and (D) of section 164.06 of the Revised Code. Any proj…

19.03 PDF: (A) The director shall not approve any project, or element of a project, unless it would result in infrastructure with a minimum useful life of seven years as determined in accordance with generally accepted engineering principles and practices within this state and ta…

19.03 PDF: (A) In accordance with the requirements of division (D) of section 164.05 of the Revised Code, the director shall not approve, and the administrator shall not recommend, grants for repair and replacement of existing infrastructure in excess of ninety per cent of the es…

19.03 PDF: (A) In calculating the dollar value of a subdivision's contribution to a project for the purposes of divisions (D)(1) and (D)(4) of section 164.05 of the Revised Code:(1) The reasonable value of labor, materials, and equipment shall include only labor, materials, and e…

19.03 PDF: (A) Each project application submitted to the director or the administrator shall be accompanied by a formal detailed estimate of the project's cost. The estimate must bear the official seal and signature of a professional engineer who is registered under Chapter 4733.…

19.03 PDF: The director shall not approve, and the administrator shall not recommend, any project involving the participation of two or more subdivisions unless the project applicant supplies a binding agreement, signed by an authorized agent or representative of each such subdiv…

19.03 PDF: (A) All funding approved for projects under Chapter 164. of the Revised Code and this chapter of the Administrative Code is contingent upon the necessary state appropriations being enacted into law. No project approval or project agreement shall be construed as obligat…

19.03 PDF: (A) The director will review a request for funding of an emergency project and may approve financial assistance on an emergency basis, depending on the availability of funds and the need, for any project adequately designed to rectify infrastructure conditions that pos…

19.03 PDF: (A) The chief executive officer of the project applicant shall execute a project agreement with the director pursuant to division (A)(1) of section 164.05 of the Revised Code or with the administrator pursuant to division (B)(1) of section 164.051 of the Revised Code f…

19.03 PDF: (A) The director, pursuant to division (A)(2) of section 164.05 of the Revised Code, and the administrator, pursuant to division (B)(2) of section 164.051 of the Revised Code, shall authorize payments only for work covered by a project application as approved and shall…

19.03 PDF: (A) All funds paid out pursuant to division (A)(2) of section 164.05 and division (B)(2) of section 164.051 of the Revised Code shall be subject to all audit requirements applicable to state funds. All audits performed in respect to funds so paid out by the director or…

19.03 PDF: (A) In awarding contracts for projects to be financed, in whole or in part, under Chapter 164. of the Revised Code, the subdivision shall set aside a percentage of the purchases required by section 125.081 of the Revised Code for competition by only minority business e…

19.03 PDF: (A) The allowable expenses for each public works district that may be paid from state capital improvements fund and the local transportation improvement program fund pursuant to the district administrative costs program shall be the total of the district administrative…

19.03 PDF: If the project agreement contains a contingency line item, such funds may only be used to fund expenses incurred in change orders. For an expense in a change order relating to quantity to be eligible for payment or reimbursement, it must be necessary and integral to co…

19.03 PDF: Districts shall, on an annual basis, create methodologies to be used in evaluating and ranking project applications submitted to the district. These methodologies shall be submitted to the director for review and approval or disapproval. If the director disapproves the…

19.03 PDF: Eligible project costs for engineering services will be reviewed by the commission and evaluated according to typical engineering expenses as determined by the director. The project agreement shall specify the amount of approved engineering expenses for all phases of d…

19.03 PDF: A local subdivision who receives loan funds shall take all actions necessary to ensure that timely payments are made on their loans as required in the loan documents and in response to biennial invoicing. If a local subdivision fails to make timely payments, it will no…

19.03 PDF: At the recommendation of the district and approval of the director, an applicant may receive funding in the form of a grant to pay the interest accruing on construction debt during the period of construction and prior to the issuance of post construction permanent fina…

19.03 PDF: (A) The purpose of this rule is to establish the requirements for regulating access to confidential personal information that is maintained by the commission. (B) For the purposes of administrative rules promulgated in accordance with section 1347.15 of the Revised Cod…

19.03 PDF: An application to fund a project shall provide for a schedule for construction to begin within one year of release of the project agreement. At the discretion of the director, a project may be funded that will commence in the following state fiscal year, if the circums…

19.03 PDF: District integrating committees may select from their unfunded project applications, applications to submit to the small government commission for consideration for funding. The small government program provides grants and loans to villages and townships with populatio…

19.03 PDF: Prior to the submission of an application for funding to the commission, the applicant must request and obtain from the commission an identification code which the commission shall use to identify the applicant. A request for an identification code shall be submitted t…

19.03 PDF: For the purposes of Chapter 164-2 of the Administrative Code: (A) "Commission" means the Ohio public works commission.(B) "Declaration of restrictions" are real property restrictions supplied by the commission to applicants to be recorded as a deed restriction which ca…

19.03 PDF: A county, municipal corporation, or township who receives loan funds pursuant to sections 164.01 to 164.16 of the Revised Code shall take all actions necessary to ensure that timely payments are made on their loans as required in the loan documents and in response to b…

19.03 PDF: An application for clean Ohio funding must adhere to the commission's standards and procedures for appraisal reporting. An application for funding or an application to exchange real property previously protected by clean Ohio deed restrictions for real property not so …

19.03 PDF: Recipients of clean Ohio funds may sell carbon credits available from properties that benefited from clean Ohio funds to third parties. Funds received for the sale of these carbon credits must be accounted for in their receipt and expenditure and maintained for a perio…

19.03 PDF: (A) When clean Ohio funds are expended to purchase the ownership interest of real property, a declaration of restrictions shall be placed upon and recorded for all acquired real property. The declaration of restrictions, which are the principal mechanism for deed restr…

19.03 PDF: The clean Ohio greenspace conservation program's purpose is to promote the preservation, protection, or restoration of the natural environment, natural ecosystems, vegetation, and wildlife. (A) Eligible improvements and activities are those that achieve or promote thes…

19.03 PDF: Engineering fees shall be clearly delineated on all applications for funding submitted to the commission that include improvements. If engineering fees are not sufficiently delineated the commission may request the engineer of record to delineate the services more spec…

19.03 PDF: Any application for funding to acquire real property must be based on a good faith belief that the real property is unlikely to be contaminated. If the applicant does not have a good-faith basis to believe that the real property is unlikely to be contaminated, the appl…

19.03 PDF: (A) Program funds may not be used for the primary purpose of continuing agricultural activities upon the property to be acquired. Program funds may be used to acquire a real property interest in real property that is currently being used for agricultural activities if:…

19.03 PDF: A forest management plan may be compatible with the purposes of the clean Ohio fund. Forest management plans, developed by a professional forester, must provide for methods to maintain or improve forest health, sustainability, diversity, and productivity. To achieve th…

19.03 PDF: For any property for which an application is being submitted to receive funding pursuant to the clean Ohio program, which is subject to an existing mineral, oil, gas, or coal lease (collectively a "mineral lease") at the time of submission of the application to the nat…

19.03 PDF: Natural resource assistance councils shall, on an annual basis, create methodologies to be used in evaluating and ranking project applications submitted to the council. These methodologies shall be submitted to the director for review and approval or disapproval. If th…

19.03 PDF: Signage is not required on a commission-funded clean Ohio project. However, if a grant recipient elects to erect an entrance sign, then the sign must, at a minimum, contain the green space conservation logo, which shall be obtained from the commission. Last updated Feb…

19.03 PDF: Division (C) of section 164.23 of the Revised Code requires park districts or other similar park authorities to consult with the legislative authority of each county, township, and municipal corporation in which the proposed project will be located. Park districts and …

19.03 PDF: (A) The purpose of this rule is to establish the requirements for regulating access to confidential personal information that is maintained by the commission. (B) For the purposes of administrative rules promulgated in accordance with section 1347.15 of the Revised Cod…

19.03 PDF: A project agreement based upon an application for grants submitted under sections 164.20 to 164.27 of the Revised Code shall be signed and returned within forty-five days of the date it was issued by the commission. If the project agreement is not signed and returned t…

19.03 PDF: An application to fund a project shall provide for a schedule for the closing for acquisition of real property or an easement to be completed within one year of release of the project agreement. If, in addition to, the acquisition of real property or an easement, the p…

19.03 PDF: While an uncommon practice and discouraged by the commission, a grant recipient who owns real property that is protected by a clean Ohio deed restriction may make an application to the NRAC who approved the grant to remove the clean Ohio deed restrictions from a portio…

19.03 PDF: An applicant shall submit a request to proceed for all real property acquisition in fee activities within one year of the project agreement date. The request to proceed shall be submitted to the commission at least thirty days prior to closing, the applicant must inclu…

19.03 PDF: Resolutions of support are not required for improvements only project applications since the resolution of support requirement was satisfied at the time of the application for the property's acquisition. Last updated February 15, 2024 at 2:28 PM Authorized By: 164.05, …

19.03 PDF: An applicant may submit a request to the director to perform stream and wetland restoration work on clean Ohio protected property previously purchased under the clean Ohio conservation program. (A) For such activities to be approved, the applicant must establish that t…

19.03 PDF: Funds received from a revenue-producing activity must be accounted for in their receipt and expenditure and such records shall be maintained for a period of six years for the commission's inspection upon request. The funds must be expended to benefit properties that ha…

19.03 PDF: Clean Ohio funding may be provided for stream restoration projects, if the applicant is otherwise an eligible applicant pursuant to the clean Ohio program. If the project is to be performed on real property, owned by a public entity, the clean Ohio deed restrictions mu…

19.03 PDF: A natural resources assistance council may establish a policy permitting funding to be used to acquire and/or demolish existing structures located upon real property to be acquired with clean Ohio funds. The NRAC's policy must be finalized prior to a funding round and …