Ohio Administrative Code

h 119. PDF: As used in rules 1501:18-1-01 to 1501:18-2-05 of the Administrative Code:(A) "Commercial purposes" means with intent to sell or trade for gain or profit.(B) "Commercially grown" means grown under cultivation in tilled plots or in a greenhouse.(C) "Division" means the …

h 119. PDF: The following criteria shall be used for identifying and designating species of plants native to Ohio which are in danger of extirpation or which are threatened with becoming endangered.(A) Endangered species. A native Ohio plant species may be designated endangered i…

19.03 PDF: (A) The following species of plants are designated as endangered in Ohio.(1) Absconditella delutula (Nyl.) Coppins and H. Kilias, a lichen.(2) Acer pensylvanicum L., Striped maple.(3) Aconitum noveboracense A. Gray, Northern monkshood.(4) Aconitum uncinatum L., Souther…

19.03 PDF: Public notice of hearing to be conducted by the department of natural resources for plants that are in danger of extirpation or are threatened with becoming endangered will be advertised in the register of Ohio at least thirty days, but not more than forty days, prior …

19.03 PDF: It is unlawful for any person to take native species of wild plants or parts thereof that are listed as endangered or threatened by rule 1501:18-1-03 of the Administrative Code, for commercial purposes from any woodlot, field, or forest, or from any other location in w…

h 119. PDF: It shall be unlawful for any person to take, possess or transport for botanical, educational and scientific purposes, or for propagation in captivity to preserve the species, any native Ohio species of wild plants or parts thereof, that are listed as endangered or thr…

h 119. PDF: (A) All persons requesting a permit for the taking, transporting or possession of any native species of wild plants listed as endangered or threatened with statewide extirpation for botanical, educational, or scientific purposes, or for propagation in captivity to pre…

h 119. PDF: Any nurseryman, dealer, or individual who has legally obtained any native species of wild plants listed as endangered or threatened in rule 1501:18-1-03 of the Administrative Code from another state or commercial propagator shall provide proof upon demand that said pl…

19.03 PDF: Nothing herein is to be interpreted in such a manner as to prevent any nurseryman or dealer who is licensed under Chapter 927. of the Revised Code from selling, offering for sale, shipping, or otherwise disposing of any endangered or threatened species of plants or par…

19.03 PDF: Public notice of a hearing on actions relating to the adoption, amendment, or rescission of rules proposed by the department of natural resources will be advertised in the register of Ohio at least thirty days, but not more than forty days, prior to the hearing. In add…

19.03 PDF: The following definitions apply to terms used in this chapter:(A) "Department" means the state of Ohio, department of natural resources.(B) "Person" means any individual, firm, partnership, corporation, company, association, or any combination of individuals and includ…

19.03 PDF: All of the following apply to any person who operates or permits the operation of a snowmobile or all purpose vehicle upon or over any lands or waters controlled by the state of Ohio:(A) Snowmobiles and all purpose vehicles are only permitted to operate within designat…

19.03 PDF: (A) Public notice of hearings to be conducted by the division of water resources, department of natural resources, will be advertised in the register of Ohio. In addition to public notice given in the register of Ohio, the division may give whatever other notice it rea…

19.03 PDF: Division 1501:21 of the Administrative Code prescribed by the chief of the division of water resources of the department of natural resources, state of Ohio, in accordance with Chapter 119. of the Revised Code and the authority vested in the chief by Chapter 1521. of t…

19.03 PDF: In accordance with the provisions of sections 1521.06 and 1521.061 of the Revised Code and the rules and regulations adopted pursuant thereto, a construction permit is required for the construction of a dam or levee unless the structure is specifically exempted by sect…

19.03 PDF: The invalidation by a court of a rule adopted or amended pursuant to sections 1521.06 to 1521.064 of the Revised Code does not affect the validity of any other rule or portion thereof adopted or amended thereunder by the chief. Last updated June 27, 2024 at 10:02 PM Au…

19.03 PDF: The applicant shall complete all investigations prior to submission of the final design report. The investigations will include the items described in rules 1501:21-11-02 to 1501:21-11-05 of the Administrative Code. The scope and degree of precision that will be requir…

19.03 PDF: The foundation investigation shall:(A) Be conducted to determine the suitability of the site for the development of a dam or levee and any impoundment.(1) The foundation materials beneath any dam, levee, or appurtenance must be able to bear the weight of the structure …

19.03 PDF: For all materials, such as borrow soil, aggregate, riprap stone, and filter material, that are proposed for use in the dam or levee, the applicant shall determine the locations and extents of these materials, and their structural properties and gradations when incorpor…

19.03 PDF: (A) Hydraulic and hydrologic analyses shall be accomplished using methodologies and computer analyses developed by the division of water resources, the United States army corps of engineers, the United States geological survey, the natural resources conservation servic…

19.03 PDF: (A) For the purpose of this chapter, dams are to be divided into four classes, which will be known as class I, class II, class III, and class IV. The chief shall establish a dam's appropriate classification by using the following criteria as a guideline. Such classific…

19.03 PDF: The magnitude of the design flood for each dam shall be set by the chief and determined from actual streamflow and flood frequency records or from synthetic hydrologic criteria based on current publications prepared by the division, the United States army corps of engi…

19.03 PDF: (A) Every dam shall have a spillway system which will safely operate during the design flood without endangering the safety of the dam.(B) Each spillway shall include a means of dissipating the energy of flow without endangering the safety of the dam.(C) The capacity o…

19.03 PDF: (A) All pipe conduits shall convey flow at the maximum design velocity without damage to the interior surface.(B) Seepage control devices acceptable to the chief shall be installed. (C) Adequate allowances shall be incorporated in the design to compensate for settlemen…

19.03 PDF: (A) Pipe conduits shall be of such design as to safely support the total external loads and shall convey flow without rupture or leakage.(B) Unless otherwise approved by the chief, the minimum inside dimension of the pipe conduit shall be:(1) Twenty-four inches for cla…

19.03 PDF: (A) Unless specifically exempted by the chief, dams in class I, class II, and class III shall include a device to permit draining the reservoir within a reasonable period of time as approved by the chief. Pipe conduits used for lake drains shall have a minimum inside d…

19.03 PDF: Sufficient freeboard shall be provided to prevent overtopping of the top of the dam due to passage of the design flood and other factors including, but not limited to, ice and wave action. The chief may approve a lower freeboard if the dam is armored against overtoppin…

19.03 PDF: (A) The safety factors for the various elements of the dam shall conform to good engineering practice as approved by the chief. The safety factors and the design standards that are used by the applicant shall agree with the approved design assumptions.(B) Inspection de…

19.03 PDF: (A) For the purpose of this chapter, levees are to be divided into three classes, which will be known as class I, class II, and class III. The chief will establish a levee's appropriate classification by using use the following criteria as a guideline. Such classificat…

19.03 PDF: (A) Future development of areas upstream, downstream, and adjacent to the levee shall be considered in the design.(B) The levee shall operate safely during all floods up to the design flood elevation.(C) Provisions for drainage of the area protected by the levee shall …

19.03 PDF: (A) Hydraulic analyses shall be conducted to determine flood elevations for stream reaches affected by the construction of a levee and in accordance with rule 1501:21-13-10 of the Administrative Code. The analyses must provide flood depth and velocity data during the o…

19.03 PDF: (A) The design flood shall be established by the chief in concert with the applicant's desired level of protection, but with the utmost interest in safeguarding life, health, and property. For class I levees, the minimum design flood will be the one-hundred-year flood …

19.03 PDF: (A) For levees in class I, the minimum elevations of the top of the levee shall be at least three feet higher than the maximum adjacent water surface elevations during passage of the design flood. The chief may approve a lower freeboard with acceptable documentation.(B…

19.03 PDF: (A) The safety factors of the various elements of the levee shall conform to good engineering practice as approved by the chief. The safety factors and the design standards that are used by the applicant shall agree with the approved design assumptions.(B) Design refer…

19.03 PDF: (A) The applicant shall submit in writing a schedule of the proposed construction including the estimated time to complete the construction activities.(B) The applicant shall submit for approval a winterization plan if construction will extend over the winter season.(C…

19.03 PDF: The chief shall be promptly advised of all proposed changes in the approved design, plans, or specifications. There shall be no change in the approved design, plans, or specifications without prior approval of the chief. All such approved changes shall be recorded on t…

19.03 PDF: One complete set of as-built plans and the detailed final cost shall be submitted to the chief upon completion of the project. All modifications and approved changes shall be accurately recorded on the as-built plans as prescribed in rule 1501:21-15-02 of the Administr…

h 119. PDF: The registered professional engineer who has inspected the construction shall submit written certification that the structure has been built in conformance with the plans, specifications, and changes approved by the chief. Last updated May 22, 2023 at 12:12 PM Authori…

19.03 PDF: A manual detailing the operation, maintenance, and inspection of the dam or levee and the appurtenances thereto, shall be prepared for the owner's use during the life of the structure. Manuals shall be required for all class I, class II, and class III dams and all clas…

19.03 PDF: An emergency action plan shall be required for all class I, II and III dams and all class I and class II levees. The emergency action plan for all class I structures shall include but not be limited to an inundation map of the critical routing reach. An inundation map …

h 119. PDF: The chief may make inspections during construction as deemed necessary to insure that the structure is being built in compliance with the approved plans and specifications which serve as the basis for issuing the construction permit. However, the inspections by the ch…

19.03 PDF: If at any time during the progress of the work, the chief finds that the work is not being performed in accordance with the approved plans, specifications, and changes, the chief may serve a written notice to the owner or the owner's representative by registered or cer…

19.03 PDF: Upon receipt of the engineer's certification as set forth in rule 1501:21-15-05 of the Administrative Code, the as-built plans and detailed final cost as set forth in rule 1501:21-15-04 of the Administrative Code, the operation, maintenance, and inspection manual as se…

19.03 PDF: In the twelfth month following approval of construction by the chief under rule 1501:21-17-03 of the Administrative Code, the chief will make a final inspection of the construction. If the final inspection shows that no fact has become apparent to indicate that the con…

19.03 PDF: In addition to the exemptions noted in section 1521.06 of the Revised Code, the following classes of dams and levees are hereby exempt from the construction permit provisions of sections 1521.06 and 1521.061 of the Revised Code unless otherwise stated and the rules and…

19.03 PDF: (A) In addition to the exemptions noted in section 1521.062 of the Revised Code, the following classes of dams and levees are hereby exempt from sections 1521.062 of the Revised Code and the rules and regulations adopted pursuant thereto:(1) Dams and levees constructed…

19.03 PDF: (A) The chief will make periodic inspections and evaluations of all class I, class II, and class III dams and all class I and class II levees, unless exempted by rule 1501:21-19-02 of the Administrative Code, to assure that their continued operation and use does not co…