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Ohio Statutes, Title 49

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Title 49, Title 49. Public Utilities

34 chapters · 1,096 sections in this title.

All chapters in Title 491,096 Ch 4928, Chapter 4928 | Competitive Retail El…110 Ch 4905, Chapter 4905 | Public Utilities Comm…94 Ch 4909, Chapter 4909 | Public Utilities Comm…73 Ch 4907, Chapter 4907 | Public Utilities Comm…70 Ch 4951, Chapter 4951 | Street Railways And I…54 Ch 4955, Chapter 4955 | Tracks; Crossings52 Ch 4929, Chapter 4929 | Alternate Rate Plan F…47 Ch 4933, Chapter 4933 | Companies - Gas; Elec…45 Ch 4981, Chapter 4981 | Rail Development Comm…39 Ch 4957, Chapter 4957 | Elimination Of Crossings38 Ch 4961, Chapter 4961 | Special Powers Of Rai…37 Ch 4906, Chapter 4906 | Power Siting35 Ch 4903, Chapter 4903 | Public Utilities Comm…31 Ch 4913, Chapter 4913 | Public Utilities Comm…30

1,096 sections·Filtered byTitle 49✕

Ohio Rev. Code Ann. § 4939.0329 Construction, modification, or maintenance of oversized pole or wireless support structure under public way
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A person may construct, modify, or maintain a utility pole or wireless support structure along, across, and under a public way in excess of the size limits, to the extent permitted by the municipal corporation's applicable regulations.
Ohio Rev. Code Ann. § 4939.033 Request for consent to collocate
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A person who is not an operator under section 4939.031 of the Revised Code shall request, pursuant to and in accordance with the requirements of section 4939.03 of the Revised Code, municipal corporation consent to collocate a small cell facility and construct, maintain, modify, …
Ohio Rev. Code Ann. § 4939.036 [Former R.C. 4939.035, amended and renumbered by H.B. 478, 132nd General Assembly, effective 8/1/2018] Tolling of time period for consent
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(A) The time period required in section 4939.031 of the Revised Code may be tolled only:(1) By mutual agreement between the entity requesting consent and the municipal corporation;(2) In cases where the municipal corporation determines that the application is incomplete; or(3) If…
Ohio Rev. Code Ann. § 4939.037 [Former R.C. 4939.038, amended and renumbered by H.B. 478, 132nd General Assembly, effective 8/1/2018] Applicability of regulations

Showing 701–750 of 1,096

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Nothing in this chapter precludes a municipal corporation from applying its generally applicable health, safety, and welfare regulations when granting consent for a small cell facility or wireless support structure. Last updated January 3, 2025 at 9:30 AM

Ohio Rev. Code Ann. § 4939.038 [Former R.C. 4939.039, renumbered by H.B. 478, 132nd General Assembly, effective 8/1/2018] Eligible facilities request

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Notwithstanding sections 4939.031 to 4939.037 of the Revised Code, a municipal corporation shall approve within sixty days, and may not deny, an eligible facilities request under 47 C.F.R. 1.40001. Last updated January 3, 2025 at 10:49 AM

Ohio Rev. Code Ann. § 4939.039 Indemnification for municipalities and officials

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Any operator who owns or operates small cell facilities or wireless support structures in the public way shall indemnify, protect, defend, and hold the municipal corporation and its elected officials, officers, employees, agents, and volunteers harmless against any and all claims…

Ohio Rev. Code Ann. § 4939.04 Management, regulation, and administration of public ways by municipal corporations

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(A)(1) A municipal corporation shall provide public utilities or cable operators with open, comparable, nondiscriminatory, and competitively neutral access to its public ways.(2) Nothing in division (A)(1) of this section prohibits a municipal corporation from establishing priori…

Ohio Rev. Code Ann. § 4939.05 Levy of public way fees by municipal corporation

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(A) A municipal corporation shall not require any nonmonetary compensation or free service, or levy any tax, for the right or privilege to occupy or use a public way, and shall not levy a public way fee except in accordance with this section.(B)(1) A municipal corporation may lev…

Ohio Rev. Code Ann. § 4939.06 Appeal of levy of public way fee

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(A) If a public utility does not accept a public way fee levied against it pursuant to the enactment of an ordinance by a municipal corporation, the public utility may appeal the public way fee to the public utilities commission. The appeal shall be made by filing a complaint tha…

Ohio Rev. Code Ann. § 4939.07 Application to recover fees and costs

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(A) As used in this section, "most recent," with respect to any rate proceeding, means the rate proceeding most immediately preceding the date of any final order issued by the public utilities commission under this section. (B)(1) Notwithstanding any other provision of law or any…

Ohio Rev. Code Ann. § 4939.08 Relocation of facilities

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If requested by a municipal corporation, in order to accomplish construction and maintenance activities directly related to improvements for the health, safety, and welfare of the public, an operator shall relocate or adjust its facilities within the public way at no cost to the …

Ohio Rev. Code Ann. § 4939.09 [Former R.C. 4939.08, amended and renumbered by H.B. 478, 132nd General Assembly, effective 8/1/2018] Exceptions for prior franchises or agreements

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(A) Nothing in sections 4939.01 to 4939.08 of the Revised Code applies to a franchise or to any agreement with a public utility, cable operator, or operator, for the balance of its term, if the franchise or agreement meets all of the following, as applicable:(1)(a) With respect t…

Ohio Rev. Code Ann. § 4951.01 Authority to construct street railways

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Street railways, with single or double tracks, sidetracks, and turnouts, may be constructed or extended within or without, or partly within and partly without, any municipal corporation. Offices, depots, and other necessary buildings for street railways may be constructed.

Ohio Rev. Code Ann. § 4951.02 Grant of right to construct

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The right to construct or extend a street railway within or beyond the limits of a municipal corporation may be granted only by its legislative authority by ordinance. The right to construct such street railway without the limits of a municipal corporation may be granted only by …

Ohio Rev. Code Ann. § 4951.03 Grantee not to be released from obligation

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After a grant to construct or extend a street railway, or the renewal of any such grant, has been made by general or special ordinance or by the order of the board of county commissioners, neither the municipal corporation nor the board shall release a grantee from any obligation…

Ohio Rev. Code Ann. § 4951.04 Right to occupy tracks of existing companies

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No right shall be given by municipal or county authorities to occupy the track, single or double, or other structure, of existing street railways for more than one eighth of the distance between the termini of the route, as actually constructed, operated, and run over, of the com…

Ohio Rev. Code Ann. § 4951.05 Extension to be constructed as new route

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No extension of a street railway located wholly outside a city, or of one wherever located, which is built in pursuance of a right obtained from authority other than that of a municipal corporation, shall be made within the limits of such city, except as a new route.

Ohio Rev. Code Ann. § 4951.06 Written consent of property owners required

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No grant referred to in section 4951.02 of the Revised Code shall be made until there is produced to the legislative authority of a municipal corporation or the board of county commissioners the written consent of the owners of more than one half of the front footage of the lots …

Ohio Rev. Code Ann. § 4951.07 Written consent not required

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When a grant is made by the legislative authority of a municipal corporation, either for a new route or as an extension of an existing route, in case the number of tracks is not increased beyond the number for which consent originally was obtained, on and along any part of a stre…

Ohio Rev. Code Ann. § 4951.08 Appropriating property

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When the legislative authority of a municipal corporation or board of county commissioners makes a grant as provided in section 4951.02 of the Revised Code, the company or person to whom it is made may appropriate, in accordance with sections 163.01 to 163.22, inclusive, of the R…

Ohio Rev. Code Ann. § 4951.11 Appropriation of property by directors

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When it is deemed necessary by a majority of the directors of a domestic or foreign corporation owning or operating a street railway in a municipal corporation to appropriate private property in such municipal corporation, in order to avoid dangerous or difficult curves or grades…

Ohio Rev. Code Ann. § 4951.12 Use of public highways

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Companies incorporated under section 1701.04 of the Revised Code, for the purpose of owning or operating street railway companies, may construct, maintain, and operate street railways for the transportation of passengers, packages, express matter, United States mail, baggage, and…

Ohio Rev. Code Ann. § 4951.13 Consent of authority controlling public highway

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If the public highway along which a street railway is to be constructed is owned by a person or company, or is within the control or management of the board of public works or other public officer, such owner or officer may agree with the person or company constructing the railwa…

Ohio Rev. Code Ann. § 4951.14 Crossings

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Whenever it is deemed necessary by a majority of the board of directors of a street railway company to cross the streets, avenues, alleys, ways, or any part thereof, of any municipal corporation or any public highway outside of a municipal corporation, the legislative authority o…

Ohio Rev. Code Ann. § 4951.15 Appropriation of private property

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Street railways and interurban or suburban railroads using other than steam as motive power, when necessary, may enter upon and use private property in the construction, alteration, and operation of its railway or any part of it. For such purpose they have all rights and powers o…

Ohio Rev. Code Ann. § 4951.16 Appropriation of property for depots

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Where the tracks of any street railway extend into or through any municipal corporation and the street railway company deems it necessary to enter upon and use any private property within such municipal corporation for the construction and maintenance of either passenger stations…

Ohio Rev. Code Ann. § 4951.18 Leases, purchases, and traffic arrangements

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Street railway and suburban and interurban railroad companies may lease, purchase, or make traffic arrangements with any other street railway company as to so much of its tracks and other property as is necessary or desirable to enable them to enter or pass through a municipal co…

Ohio Rev. Code Ann. § 4951.19 Consolidation

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Street railway companies referred to by section 4951.18 of the Revised Code may consolidate on the terms applicable to the consolidation of railroad companies. No increase of fare shall be allowed on any street railway route by reason of such consolidation.Such companies shall be…

Ohio Rev. Code Ann. § 4951.20 Consolidation of street railway companies

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When the lines or authorized lines of railway of street railway companies meet or intersect, or conveniently can be operated from one power house, or power houses owned, under lease, or operated by one of such companies, or when such line of a street railway company, and that of …

Ohio Rev. Code Ann. § 4951.21 Exceptions

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Section 4951.20 of the Revised Code as to competing lines does not apply to companies whose lines are nearby or wholly situated in a municipal corporation of this state, or to the railway of any street railway company organized in this state which is made or is in process of cons…

Ohio Rev. Code Ann. § 4951.22 Consolidation of electric railway companies

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When the railways of any street railway company, organized under the laws of this state, are constructed or in process of construction, and are or will be operated by electricity, and connect, or will or can be made to connect with the railways of another street railway company f…

Ohio Rev. Code Ann. § 4951.23 Interurban railroad may contract for use of tracks in cities

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When an interurban railroad company is incorporated and organized under the laws of this state for the purpose of building, acquiring, owning, leasing, operating, and maintaining a railroad to be operated by electricity or other motive power from one municipal corporation or poin…

Ohio Rev. Code Ann. § 4951.24 Privileges and obligations of street railways apply to interurban railroads

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While they are running and being operated over and along the tracks of a street railway company in a municipal corporation, the cars of an interurban railroad company are entitled to the privilege enjoyed by and subject to the obligations imposed upon the cars of such street rail…

Ohio Rev. Code Ann. § 4951.25 Additional grant unnecessary

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It is not necessary for an interurban railroad company, in case it uses in a municipal corporation only the tracks of a street railway company owning or operating a street railway in such municipal corporation, to obtain an additional grant, franchise, or right, except by the agr…

Ohio Rev. Code Ann. § 4951.26 Fare charged within city

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The fare charged by an interurban railroad company which has contracted for the use of tracks as provided by section 4951.23 of the Revised Code for transporting passengers within the municipal corporation shall not be greater than that fixed in the franchise held or owned by the…

Ohio Rev. Code Ann. § 4951.27 Lease or purchase of electric or gas light, heat, power, or fuel company

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A company maintaining and operating a street railway or a railroad operated by electricity may lease or purchase all the property, franchises, rights, and privileges of any company organized for the purpose of supplying either electricity or natural or artificial gas, or both, fo…

Ohio Rev. Code Ann. § 4951.28 Liabilities of the company leased or purchased

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A company leasing or purchasing the property, rights, and franchises of an electric light and power company, natural or artificial gas company, or electric light and power and natural or artificial gas company, as provided in section 4951.27 of the Revised Code, has all the right…

Ohio Rev. Code Ann. § 4951.29 Railway company may acquire property of other companies

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A company organized for street railway purposes may lease or purchase any street railway, or railroad operated as such and by electric power, or inclined-plane railway, together with all the property, franchises, rights, and privileges respecting the use and operation of such rai…

Ohio Rev. Code Ann. § 4951.30 Agreements with other companies

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Two or more street railway or electric railway companies may enter into any agreement for their common benefit consistent with and calculated to promote the objects for which they were created. No such lease or purchase shall be perfected until a meeting of the stockholders of ea…

Ohio Rev. Code Ann. § 4951.31 Fare cannot be increased

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When a lease or purchase is made as provided in sections 4951.29 and 4951.30 of the Revised Code, there shall be no increase of the existing rates of fare by reason of such lease or purchase, nor shall any fare be charged upon any of the separate routes so leased or purchased in …

Ohio Rev. Code Ann. § 4951.32 Construction of inclined-plane railways

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An inclined-plane railway company may construct, operate, and maintain an inclined-plane railway for the conveyance of passengers and freight, or either, with such offices, depots, and other buildings as it deems necessary. Such company may establish and maintain a park or pleasu…

Ohio Rev. Code Ann. § 4951.33 Construction of street crossings

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When the part of the railway of an inclined-plane railway company which is operated by steam power crosses a public street or highway, it must pass either over or under such street or highway, and shall be constructed in a manner and at such distance above or below it as not to o…

Ohio Rev. Code Ann. § 4951.34 Construction of elevated and underground railroads and railways

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A city owning or having charge of any public road, street, alley, way, or ground of any kind, or any part thereof, may grant to any railroad company, street railway company, suburban railroad company, or interurban railroad company the right to construct, maintain, and operate by…

Ohio Rev. Code Ann. § 4951.35 Elevated and subway structures must not obstruct travel or impair streets

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Elevated structures and crossings referred to in section 4951.34 of the Revised Code shall be of such height and construction as not to prevent substantially the ordinary use of, and traffic upon, roads, streets, alleys, ways, or grounds, whether by pedestrians, vehicles, streetc…

Ohio Rev. Code Ann. § 4951.36 Changes and removals

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The legislative authority of a city may grant to the company operating an elevated or underground railroad the right to move, change, elevate, depress, relocate, and reconstruct at its sole expense any sewer, sewer connection, catch basin, water pipe, water connection, natural or…

Ohio Rev. Code Ann. § 4951.37 Grant of rights and privileges valid

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Any ordinance of any city purporting to grant any rights or privileges contained in sections 4951.35 to 4951.38, inclusive, of the Revised Code, to any company, which grant has been accepted and on account of it money has been expended in good faith, is as valid and effective as …

Ohio Rev. Code Ann. § 4951.38 Right to lease space in tunnel or subway

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The legislative authority of a city may authorize the company operating an elevated or underground railroad to lease space in its tunnel or subway for the purpose of placing pipes, conduits, tubes, and wires for artificial or natural gas, water, sewer, heating, telegraph, telepho…

Ohio Rev. Code Ann. § 4951.39 Conditions of grant

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A grant to construct an elevated or an underground railroad shall only be made upon such conditions as are agreed upon by the legislative authority of the city, and the company operating such elevated or underground railroad. Every such grant shall provide for the rate of fare wi…

Ohio Rev. Code Ann. § 4951.40 Appropriation of property for elevated or underground railroad

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After a grant referred to in section 4951.34 of the Revised Code has been made the company operating the elevated or underground railroad may appropriate private property necessary for the use and enjoyment of the grant, including terminals and way stations, for the purpose of co…

Ohio Rev. Code Ann. § 4951.41 Damages to other property

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Any company which constructs an elevated track upon or a tunnel or an underground railroad below the roads, streets, alleys, ways, or grounds of a city is responsible for injuries done by such construction to private or public property lying upon or near such streets, alleys, way…