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Ohio Statutes, Title 9

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Title 9, Title 9. Agriculture-Animals-Fences

42 chapters · 929 sections in this title.

All chapters in Title 9929 Ch 905, Chapter 905 | Agricultural Additives…57 Ch 901, Chapter 901 | Department Of Agriculture54 Ch 955, Chapter 955 | Dogs43 Ch 926, Chapter 926 | Agricultural Commodity…42 Ch 940, Chapter 940 | Soil And Water Conserv…42 Ch 924, Chapter 924 | Agricultural Commodity…41 Ch 925, Chapter 925 | Marketing37 Ch 907, Chapter 907 | Agricultural Seed34 Ch 941, Chapter 941 | Animal Diseases34 Ch 927, Chapter 927 | Nursery Stock; Plant Pests30 Ch 918, Chapter 918 | Meat Inspection29 Ch 921, Chapter 921 | Pesticides29 Ch 935, Chapter 935 | Possession Of Wild Ani…29 Ch 943, Chapter 943 | Livestock Dealers29

42 sections·Filtered byTitle 9✕Ch 940✕

Ohio Rev. Code Ann. § 940.01 Definitions
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As used in this chapter: (A) "Soil and water conservation district" means a district organized in accordance with this chapter. (B) "Supervisor" means one of the members of the governing body of a district. (C) "Landowner," "owner," or "owner of land" means an owner of record as …
Ohio Rev. Code Ann. § 940.02 Ohio soil and water conservation commission; powers and duties
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There is hereby established in the department of agriculture the Ohio soil and water conservation commission. The commission shall consist of seven members of equal status and authority, six of whom shall be appointed by the governor with the advice and consent of the senate, and…
Ohio Rev. Code Ann. § 940.03 County to have district coextensive with its geographic area
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Each county shall have a soil and water conservation district coextensive with the geographic area of the county, and each district shall constitute a political subdivision of this state.
Ohio Rev. Code Ann. § 940.04 Soil and water conservation district supervisors
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Each soil and water conservation district shall be administered by a board consisting of the five supervisors. Elections of supervisors shall be conducted by the Ohio soil and water conservation commission pursuant to rules it adopts under Chapter 119. of the Revised Code. The te…

Ohio Rev. Code Ann. § 940.05 Governing body of district

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(A) The board of supervisors of a soil and water conservation district shall consist of five supervisors, as provided for in section 940.04 of the Revised Code. (B) The board shall organize annually by selecting a chairperson, a secretary, and a treasurer. It shall designate one …

Ohio Rev. Code Ann. § 940.06 Supervisors of soil and water conservation district; additional powers

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The board of supervisors of a soil and water conservation district have the following powers in addition to its other powers: (A) To conduct surveys, investigations, and research relating to the character of soil erosion, floodwater and sediment damages, and the preventive and co…

Ohio Rev. Code Ann. § 940.07 Defense of tort actions

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(A) As used in this section: (1) "Judgment" includes a consent judgment. (2) "Tort action" means a civil action for damages for injury, death, or loss to person or property, other than a civil action for damages for a breach of contract or another agreement between persons. (B) E…

Ohio Rev. Code Ann. § 940.08 Supervisors to employ assistants and personnel and acquire materials, equipment, supplies and offices

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The board of supervisors of a soil and water conservation district may employ assistants and such other employees as it considers necessary and may provide for the payment of the reasonable compensation of such assistants and employees and expenses incurred by them in the dischar…

Ohio Rev. Code Ann. § 940.09 Donated sick leave program; procedure

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(A) As used in this section: (1) "Receiving employee" means an employee of a soil and water conservation district who receives donated sick leave as authorized by this section. (2) "Donating employee" means an employee of a soil and water conservation district who donates sick le…

Ohio Rev. Code Ann. § 940.10 Sale of unneeded personal property of district

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(A) When the board of supervisors of a soil and water conservation district find, by resolution, that the district has personal property, including motor vehicles acquired for the use of district officers, road machinery, equipment, tools, or supplies, that is not needed for publ…

Ohio Rev. Code Ann. § 940.11 Policies for soil and water conservation district credit card accounts

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(A) Not later than three months after November 2, 2018, the board of supervisors of a soil and water conservation district that hold a credit card account on November 2, 2018, shall adopt a written policy for the use of credit card accounts. Otherwise, the board shall adopt a wri…

Ohio Rev. Code Ann. § 940.111 Acceptance of payments by financial transaction devices

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(A) As used in this section: (1) "Financial transaction device" includes a credit card, debit card, charge card, or prepaid or stored value card, or automated clearinghouse network credit, debit, or e-check entry that includes, but is not limited to, accounts receivable and inter…

Ohio Rev. Code Ann. § 940.12 Levy of tax within ten-mill limitation

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The board of county commissioners of each county in which there is a soil and water conservation district may levy a tax within the ten-mill limitation and may appropriate money from the proceeds of the levy or from the general fund of the county. The money shall be held in a spe…

Ohio Rev. Code Ann. § 940.13 Prosecuting attorney is legal adviser

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(A) The prosecuting attorney of a county in which there is a soil and water conservation district is the legal adviser of the district. The prosecuting attorney is the legal counsel of such district in all civil actions brought by or against it and shall conduct all such actions …

Ohio Rev. Code Ann. § 940.14 Infringement of rights

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This chapter does not infringe upon the rights, powers, and authority vested by law in the division of wildlife in the department of natural resources.

Ohio Rev. Code Ann. § 940.15 Payments to local soil and water conservation districts

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(A) Within the limits of funds appropriated to the department of agriculture and the soil and water conservation district assistance fund created in this section, there shall be paid in each calendar year to each soil and water conservation district a matching amount not to excee…

Ohio Rev. Code Ann. § 940.16 Advance of moneys from soil and water conservation fund; repayment

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A board of county commissioners may apply to the Ohio soil and water conservation commission for an advance of moneys from the soil and water conservation fund, which is hereby created in the state treasury, to enable a soil and water conservation district to pay all or part of t…

Ohio Rev. Code Ann. § 940.17 Sharing costs of improvement by conservation district

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The director of agriculture, upon recommendation by the Ohio soil and water conservation commission, may enter into agreements with boards of county commissioners under which the state shares the cost of construction of works of improvement constructed by the county for a soil an…

Ohio Rev. Code Ann. § 940.19 Petition to supervisors for construction of conservation improvement

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(A) An owner of land that is located in a soil and water conservation district may file a petition with the board of supervisors of the district requesting the construction of a conservation work of improvement. Prior to filing a petition, the petitioner shall consult with the di…

Ohio Rev. Code Ann. § 940.20 Notice of hearing on proposed improvement

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(A) At least twenty-one days prior to the date established for the view, the board of supervisors of a soil and water conservation district shall send a written notice of the view and the hearing to all landowners within the area to be benefited by the proposed improvement and to…

Ohio Rev. Code Ann. § 940.21 View of site of proposed improvement

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(A) On the date established for the view of a proposed improvement, the board of supervisors of a soil and water conservation district or its designee shall present an overview of the proposed improvement. In the presentation, the board or its designee shall use methods and means…

Ohio Rev. Code Ann. § 940.22 Preliminary report on proposed improvement; alternate proposals; review by engineer

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(A) Upon acceptance of a petition requesting the construction of an improvement, the board of supervisors of a soil and water conservation district shall begin to prepare a preliminary report regarding the proposed improvement. The board shall present the completed preliminary re…

Ohio Rev. Code Ann. § 940.23 Hearing on petition; objections by affected landowners

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(A) On the date and at the time established by the board of supervisors for the hearing on a petition for a proposed improvement, the board shall conduct the hearing. At the hearing, the board shall do both of the following: (1) Present the board's preliminary report on the propo…

Ohio Rev. Code Ann. § 940.24 [Former R.C. 940.26, amended and renumbered by H.B. 340, 133rd General Assembly, effective 3/24/2021] Surveys, plans and maps, construction specifications, cost estimates

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After a vote of the board of supervisors of a soil and water conservation district to proceed with a project survey and design for a proposed improvement, the board or its designee shall conduct all necessary surveys for the proposed improvement. In addition, the board or its des…

Ohio Rev. Code Ann. § 940.25 Schedule of damages

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(A) After preparing the project survey, design, and plans for constructing the proposed improvement, the board of supervisors of a soil and water conservation district shall prepare a schedule of damages as part of the estimate of the total cost of constructing the proposed impro…

Ohio Rev. Code Ann. § 940.26 Cost estimate

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After preparing a schedule of damages, the board of supervisors of a soil and water conservation district or its designee shall make an estimate of the cost of the proposed improvement. The estimate shall include all of the following: (A) Actual construction costs, including cost…

Ohio Rev. Code Ann. § 940.27 Schedule of estimated assessments

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(A) After preparing an estimate of the cost of a proposed improvement, the board of supervisors of a soil and water conservation district or its designee shall prepare a schedule of estimated assessments on land within the area that will be benefited by a proposed improvement. Th…

Ohio Rev. Code Ann. § 940.28 Petition and information to be submitted to county commissioners

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After a board of supervisors of a soil and water conservation district completes the schedule of estimated assessments, the board shall submit the petition, preliminary report, surveys, plans, specifications, schedule of damages, cost estimates, estimated assessments, and any oth…

Ohio Rev. Code Ann. § 940.29 Scheduling and notice of hearing on proposed improvement

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(A) Upon receiving the information submitted by a board of supervisors of a soil and water conservation district under section 940.28 of the Revised Code, the board of county commissioners shall establish the date, time, and location of a hearing regarding the proposed improvemen…

Ohio Rev. Code Ann. § 940.30 County commissioners hearing on proposed improvement

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(A) On the date established for the hearing, the board of county commissioners shall conduct the hearing by doing both of the following: (1) Presenting the project design, construction plans, schedule of damages, cost estimates, and estimated assessments for the proposed improvem…

Ohio Rev. Code Ann. § 940.31 [Former R.C. 940.29, amended and renumbered by H.B. 340, 133rd General Assembly, effective 3/24/2021] Approval or disapproval of construction of improvement

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(A) At the conclusion of the hearing conducted under section 940.30 of the Revised Code, the board of county commissioners shall vote to approve or dismiss the petition. (B) The board may approve the petition if the board is reasonably certain that: (1) The benefits of the propos…

Ohio Rev. Code Ann. § 940.32 [Former R.C. 940.33, amended and renumbered by H.B. 340, 133rd General Assembly, effective 3/24/2021] Procedure for assessments

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(A) If the board of county commissioners approves a petition under section 940.31 of the Revised Code, the board shall adopt a resolution levying upon the property within the area to be benefited by an improvement a uniform or varied assessment rate as necessary to pay the cost o…

Ohio Rev. Code Ann. § 940.33 [Former R.C. 940.34, amended and renumbered by H.B. 340, 133rd General Assembly, effective 3/24/2021] Tax levy resolution

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(A) A board of county commissioners may declare by resolution that it is necessary to levy a tax upon the property within the area to be benefited by an improvement in order to pay the costs of the improvement not otherwise funded. The resolution shall specify all of the followin…

Ohio Rev. Code Ann. § 940.34 Joint board of supervisors

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(A) Upon receiving a petition pursuant to section 940.19 of the Revised Code for a proposed improvement that would be located in two or more adjoining soil and water conservation districts, the board of supervisors of the adjoining districts shall, with approval of the Ohio soil …

Ohio Rev. Code Ann. § 940.35 [Former R.C. 940.31, amended and renumbered by H.B. 340, 133rd General Assembly, effective 3/24/2021] Joint board of county commissioners

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(A) If a proposed improvement would affect more than one county, the board of county commissioners from each of the counties that would be affected by the proposed improvement shall meet on a date fixed by the clerk of the board of county commissioners of the lead county. The boa…

Ohio Rev. Code Ann. § 940.36 [Former R.C. 940.32, amended and renumbered by H.B. 340, 133rd General Assembly, effective 3/24/2021] Lead county responsibilities

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(A) The auditor of the lead county shall certify to the auditor of the other counties a schedule of any taxes or assessments to be levied for the improvement, and the auditor of such other county immediately shall place such tax or assessment upon the duplicates. Taxes or assessm…

Ohio Rev. Code Ann. § 940.37 [Former R.C. 940.35, amended and renumbered by H.B. 340, 133rd General Assembly, effective 3/24/2021] Maintenance of improvements

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The board of county commissioners, or, if a joint board of county commissioners has been created under section 940.35 of the Revised Code, the joint board, shall maintain the improvements constructed under this chapter. For that purpose, the board of county commissioners or joint…

Ohio Rev. Code Ann. § 940.38 Appeals

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Any affected landowner may appeal to the appropriate court of common pleas any action or determination of a board of supervisors, joint board of supervisors, board of county commissioners, or joint board of county commissioners under this chapter. The affected landowner shall mak…

Ohio Rev. Code Ann. § 940.39 Videoconferencing and teleconferencing of meetings

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(A) For purposes of this section, references to a "board of supervisors of a soil and water conservation district" or a "board" includes a joint board of supervisors of a soil and water conservation district. (B) Notwithstanding any other provision of law to the contrary, a board…

Ohio Rev. Code Ann. § 940.41 Statewide watershed planning and management program; watershed regions

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(A) As used in this section: (1) "Nine-element plan" means a strategic implementation plan that a political subdivision, organization, or individual engaged in water quality improvements may utilize to obtain funding through the federal "Clean Water Act," 33 U.S.C. 1251 et seq., …

Ohio Rev. Code Ann. § 940.42 Data and records

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(A) Data or records of a person's agricultural operations, conservation or water quality improvement practices, or proposed utilization of such practices collected or maintained by the department of agriculture, a soil or water conservation district, an institution of higher educ…

Ohio Rev. Code Ann. § 940.43 Intent of General Assembly

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It is the intent of the general assembly to collaborate with organizations representing agriculture, conservation, and the environment and institutions of higher education engaged in water quality research to establish a certification program for farmers that utilize practices de…