Permits

Except as provided in § 323.4 of this part, DA permits will be required for the discharge of dredged or fill material into waters of the United States. Certain discharges specified in 33 CFR part 330 are permitted by that regulation (“nationwide permits”).

The permittee may presume that his project qualifies for the NWP unless he is otherwise notified by the DE within a 45-day period. The 45-day period starts on the date of receipt of the notification in the Corps district office and ends 45 calendar days later regardless of weekends or holidays.

District engineers will decide on all applications not later than 60 days after receipt of a complete application, unless (i) precluded as a matter of law or procedures required by law (see below)

The discharge must not cause the loss of greater than 1⁄2-acre of non-tidal waters of the United States. This NWP does not authorize discharges of dredged or fill material into non-tidal wetlands adjacent to tidal waters. Notification: The permittee must submit a pre-construction notification to the district engineer prior to commencing the activity if the discharge results in the loss of greater than 1⁄10- acre of waters of the United States.

DA permits are required under section 10 for structures and/or work in or affecting navigable waters of the United States except as otherwise provided in § 322.4 below.

“Navigable waters of the United States” are defined in 33 CFR part 329. These are waters that are navigable in the traditional sense where permits are required for certain work or structures pursuant to Sections 9 and 10 of the Rivers and Harbors Act of 1899.

District engineers will decide on all applications not later than 60 days after receipt of a complete application, unless (i) precluded as a matter of law or procedures required by law (see below)

Each Federal agency shall review its actions at the earliest possible time to determine whether any action may affect listed species or critical habitat. If such a determination is made, formal consultation is required, except as noted in paragraph (b) of this section.

Formal consultation concludes within 90 days after its initiation unless extended as provided below.

A consultation involving an applicant cannot be extended for more than 60 days without the consent of the applicant. Within 45 days after concluding formal consultation, the Service shall deliver a biological opinion to the Federal agency and any applicant.

The MBTA (16 U.S.C. 703-712), prohibits the taking of any migratory bird or any part, nest, or egg, except as permitted by regulation.

Stressor: Vegetation Removal Conservation Goal: Avoid direct take of adults, chicks, or eggs. Conservation Measure 1: Schedule all vegetation removal, trimming, and grading of vegetated areas outside of the peak bird breeding season to the maximum extent practicable.

Conservation Measure 2: When project activities cannot occur outside the bird nesting season, conduct surveys prior to scheduled activity to determine if active nests are present within the area of impact and buffer any nesting locations found during surveys. 1) Generally, the surveys should be conducted no more than five days prior to scheduled activity.

This permit authorizes take of bald eagles and golden eagles where the take is compatible with the preservation of the bald eagle and the golden eagle; is necessary to protect an interest in a particular locality; is associated with, but not the purpose of, the activity; and cannot practicably be avoided.

Disturb means to agitate or bother a bald or golden eagle to a degree that causes, or is likely to cause, based on the best scientific information available, (1) injury to an eagle, (2) a decrease in its productivity, by substantially interfering with normal breeding, feeding, or sheltering behavior, or (3) nest abandonment

We are not including permit issuance timeframes in the regulations because the time it takes to issue a permit varies enormously depending on the scale and complexity of the activity that will result in take, the need to prepare an analysis under NEPA, the quality and completeness of the data and other information provided by the applicant

Undertaking means a project, activity, or program funded in whole or in part under the direct or indirect jurisdiction of a Federal agency, including those carried out by or on behalf of a Federal agency; those carried out with Federal financial assistance; and those requiring a Federal permit, license or approval.

No activity is authorized under any NWP which may have the potential to cause effects to properties listed, or eligible for listing, in the National Register of Historic Places until the requirements of Section 106 of the National Historic Preservation Act (NHPA) have been satisfied.

If the SHPO/THPO fails to respond within 30 days of receipt of a request for review of a finding or determination, the agency official may either proceed to the next step in the process based on the finding or determination or consult with the Council in lieu of the SHPO/THPO.

Approval of specific projects, such as construction or management activities located in a defined geographic area. Projects include actions approved by permit or other regulatory decision as well as Federal and federally assisted activities.

(1) Normally does not have significant effects and is categorically excluded (§ 1501.4); (2) Is not likely to have significant effects or the significance of the effects is unknown and is therefore appropriate for an environmental assessment (§ 1501.5); or (3) Is likely to have significant effects and is therefore appropriate for an environmental impact statement

One year is measured from the date of agency decision to prepare an environmental assessment to the publication of an environmental assessment or a finding of no significant impact. (2) Environmental impact statements within 2 years unless a senior agency official of the lead agency approves a longer period in writing and establishes a new time limit.

If requested by the FAA, or if you propose any of the following types of construction or alteration, you must file notice with the FAA of: (a) Any construction or alteration that is more than 200 ft. AGL at its site. (b) Any construction or alteration that exceeds an imaginary surface extending outward and upward

a completed FAA Form 7460-1, Notice of Proposed Construction or Alteration. FAA Form 7460-1 is available at FAA regional offices and on the Internet. (b) You must submit this form at least 45 days before the start date of the proposed construction or alteration or the date an application for a construction permit is filed, whichever is earliest.

Unless extended, revised, or terminated, each Determination of No Hazard to Air Navigation issued under this subpart expires 18 months after the effective date of the determination, or on the date the proposed construction or alteration is abandoned, whichever is earlier.

The policy applies to proposed on-airport solar energy systems at federally-obligated towered

Require permits for all proposed construction and other developments including the placement of manufactured homes, within Zone A on the community's FHBM or FIRM

Development means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.

Prohibit encroachments, including fill, new construction, substantial improvements, and other development within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge

facility engaged in drilling, producing, gathering, storing, processing, refining, transferring, distributing, using, or consuming oil and oil products, which due to its location, could reasonably be expected to discharge oil in quantities that may be harmful, as described in part 110 of this chapter, into or upon the navigable waters of the United States

The aggregate aboveground storage capacity of the facility is 1,320 U.S. gallons or less of oil. For the purposes of this exemption, only containers with a capacity of 55 U.S. gallons or greater are counted.

If such a facility (excluding oil production facilities) becomes operational after November 10, 2011, and could reasonably be expected to have a discharge as described in § 112.1(b), you must prepare and implement a Plan before you begin operations.

Federal program means those activities or responsibilities of a Federal agency that involve undertaking, financing, or assisting construction or improvement projects or acquiring, managing, or disposing of Federal lands and facilities. (1) The term “Federal program” does not include: (i) Federal permitting, licensing, or rate approval programs for activities on private or non-Federal lands

Farmland means prime or unique farmlands as defined in section 1540(c)(1) of the Act or farmland that is determined by the appropriate state or unit of local government agency or agencies with concurrence of the Secretary to be farmland of statewide of local importance.

NRCS will respond to these requests within 10 working days of their receipt except that in cases where a site visit or land evaluation system design is needed, NRCS will respond in 30 working days.

The term “Federal program” does not include: (i) Federal permitting, licensing, or rate approval programs for activities on private or non-Federal lands

"Major utility facility" means: (a) Electric generating plant and associated facilities designed for, or capable of, operation at a capacity of fifty megawatts or more;

No person shall commence to construct a major utility facility in this state without first having obtained a certificate for the facility.

the power siting board shall promptly fix a date for a public hearing thereon, not less than sixty nor more than ninety days after such receipt, and shall conclude the proceeding as expeditiously as practicable.

The board shall not grant a certificate for the construction, operation, and maintenance of a major utility facility, either as proposed or as modified by the board, unless it finds and determines all of the following:

authorized by a certificate issued pursuant to Chapter 4906. of the Revised Code. Nothing herein shall prevent the application of state laws for the protection of employees engaged in the construction of such facility or wind farm nor of municipal regulations that do not pertain to the location or design of,

the chairman shall examine the certificate application to determine compliance with Chapters 4906-1 to 4906-7 of the Administrative Code. Within sixty days following receipt, the chairman shall either:

Describe the fire protection, safety, and medical emergency plan(s) to be used during construction and operation of the facility, and how such plan(s) will be developed in consultation with local emergency responders.

The staff report is due 15 days prior to the scheduled public hearing and typically is submitted between 60 and 90 days after the letter of completeness has been issued.

An applicant considering construction of a major utility facility or economically significant wind farm may request a preapplication conference with the board staff prior to submitting an application.

The applicant shall file a preapplication notification letter with the board at least fifteen days prior to the date of any public informational meeting(s) held pursuant to paragraph (B) of this rule.

No more than ninety days prior to submitting a standard certificate application to the board, the applicant shall conduct at least one informational meeting open to the public to be held in the area in which the project is located.

Between 21 to 7 days prior to the date of the public information meeting, public notice must be published in a locally circulated newspaper and address project need, schedule, design, and other pertinent data. At least 21 days prior to the public information meeting the applicant must send a letter to each affected property owner and tenant.

At the informational meeting, the applicant shall present maps showing the proposed facility at a scale that allows affected property owners to identify the location of their property in relation to the facility. The applicant shall solicit written comments from the attendees. The applicant shall summarize in its certificate application how many and what types of comments were received.

each owner of a property crossed and/or adjacent to the preferred and alternative routes for transmission lines and/or a new generation site within fifteen days of the filing of the accepted, complete application and shall contain the following information:

shall be published in newspapers of general circulation in those municipal corporations and counties in which the chief executive received service of a copy of the application pursuant to rule 4906-3-07 of the Administrative Code at least seven days but no more than twenty-one days before the public hearing.

At least ninety days, but not more than three hundred days, prior to applying for a certificate from the power siting board, or a material amendment to an existing certificate, for a utility facility, to be located in whole or in part in the unincorporated area of a county, the person intending to apply shall hold a public meeting in each county where the utility facility is to be located.

The board of county commissioners may adopt a resolution designating all or part of the unincorporated area of a county as a restricted area, prohibiting the construction of any or all of the following: (1) An economically significant wind farm; (2) A large wind farm; (3) A large solar facility.

The act prohibits a person from filing an application for a certificate, or a material amendment to an existing certificate, to construct, operate, or maintain a utility facility in a restricted area, if such a facility is prohibited in that restricted area.

The act conditions the designation of a restricted area upon the right of referendum the act grants county voters. A resolution designating a restricted area becomes effective 30 days from the day it is adopted, unless a referendum petition is filed with the board of county commissioners.

At least ninety days, but not more than three hundred days, prior to applying for a certificate from the power siting board, or a material amendment to an existing certificate, for a utility facility, to be located in whole or in part in the unincorporated area of a county, the person intending to apply shall hold a public meeting in each county where the utility facility is to be located.

Not later than ninety days after the public meeting described in section 303.61 of the Revised Code regarding an application for a certificate, or a material amendment to an existing certificate, for a utility facility, the board of county commissioners may adopt a resolution that does either of the following:

(1) Prohibits the construction of the utility facility that is the subject of the certificate; (2) Limits the boundaries of the proposed utility facility to a smaller geographic area of the county, completely within what was proposed by the applicant. (B) If no resolution is adopted within the time required under this section, the application may proceed as filed with the power siting board.

Whenever an application is made to the power siting board for a certificate or a material amendment to an existing certificate for a utility facility, the board shall include two voting ad hoc members to represent the interests of the residents of the area in which the utility facility is to be located.

(C)(1) The ad hoc members shall be: (a) The chairperson of the board of township trustees of the township in which the utility facility is to be located or the chairperson's designee; (b) The president of the board of county commissioners of the county in which the utility facility is to be located or the president's designee

States that applications for a certificate or material amendment to an existing certificate for a large solar facility are not subject to the act's provisions if, as of October 11, 2021: The facility is in the PJM Interconnection and Regional Transmission Organization, L.L.C. (PJM), New Services Queue;

if, as of the effective date of this section: (1) The applicant has received a completed system impact study from PJM for the large solar facility; and (2) The applicant has paid the fee for the facilities study to PJM.

The application has been found to be in compliance with the application requirements by the PSB Chairperson (or the Chairperson’s designee) and has been accepted by PSB;

(2) "Material amendment" and "utility facility" have the same meanings as in section 303.57 of the Revised Code. (B) At least sixty days prior to the commencement of construction of a utility facility, the applicant shall submit a comprehensive decommissioning plan for review and approval by the power siting board.

(D) "Utility facility" means an economically significant wind farm, a large wind farm, or a large solar facility.

The decommissioning plan submitted to the power siting board under section 4906.21 of the Revised Code shall be prepared by a professional engineer registered with the state board of registration for professional engineers and surveyors.

(B) The plan shall contain the following: (1) A list of all parties responsible for decommissioning;

(2) A schedule of decommissioning activities, not to extend beyond twelve months from the date the utility facility ceases operation; (3) An estimate of the full costs of decommissioning the utility facility, including the proper disposal of all facility components and restoration of the land on which the facility is located to its pre- construction state.

(A) Prior to beginning construction, the applicant shall post a performance bond to ensure that funds are available for the decommissioning of the facility. (B) The power siting board shall be the obligee of the bond.

The performance bond must equal the estimate of the costs of decommissioning included in the decommissioning plan and must be updated every five years. If decommissioning costs are greater in the new estimate than they were in the preceding estimate, the performance bond must be increased proportionately. The performance bond can never decrease,

(5) The applicant shall describe the plan for decommissioning the proposed facility, including a discussion of any financial arrangements designed to assure the requisite financial resources.

States that applications for a certificate or material amendment to an existing certificate for a large solar facility are not subject to the act’s provisions if, as of October 11, 2021:

This chapter authorizes the state to participate in any national sludge management program and the national pollutant discharge elimination system, to administer and enforce the publicly owned treatment works pretreatment program, and to issue permits for the discharge of dredged or fill materials, in accordance with the Federal Water Pollution Control Act.

Construction activities disturbing one or more acres of total land or will disturb less than one acre of land but are part of a larger common plan of development or sale that will ultimately disturb one or more acres of land are eligible for coverage under this permit.

If more than one operator, as defined in Part VII of this general permit, will be engaged at a site, each operator shall seek coverage under this general permit prior to engaging in construction activities. Coverage under this permit is not effective until an approval letter granting coverage from the director of Ohio EPA is received by the applicant.

develop a stormwater pollution prevention plan (SWP3) and submit a complete Notice of Intent (NOI) form and appropriate application fee prior to the commencement of construction activity. These shall occur at least 45 days prior for sites within the Big Darby Creek and portions of the Olentangy River watersheds (including attaching SWP3 to NOI); and at least 21 days elsewhere.

For all construction activities that will disturb two or more acres of land or will disturb less than two acres that are part of a larger common plan of development or sale which will disturb two or more acres of land, the post construction BMP(s) chosen shall be able to manage stormwater runoff

The BMP(s) chosen must be sized to treat the water quality volume (WQv) and ensure compliance with Ohio’s Water Quality Standards in OAC Chapter 3745-1. The WQv shall be equivalent to the volume of runoff from a 0.90-inch rainfall

Large arrays of ground-mounted, elevated solar or photovoltaic (PV) panels are often installed with vegetated pervious ground around, between, and under them. In this case, impervious surface disconnection may be an effective approach to managing post-construction stormwater runoff shed from the PV panels.

Impervious surface disconnection cannot be used to manage the WQv for PV panels installed over gravel or other hard surfaces, where structural support (piling) will disrupt sheet flow, or where stormwater is to be collected in swales, ditches, or storm sewers.

Any applicant for a federal license or permit to conduct any activity which may result in a discharge of dredged or fill material to a water of the state shall apply for and obtain a 401 certification from Ohio EPA. (B) No person shall engage in an activity requiring a 401 certification prior to obtaining that certification from Ohio EPA.

If the federal permit sought is a nationwide permit, a regional permit, or a letter of permission issued by the corps and Ohio EPA has issued a certification for the federal permit, no further application is required to be submitted to Ohio EPA under this chapter provided that the project meets all of the terms and conditions

The application shall be submitted no later than forty-five days after the publication of the corps 404 public notice, if applicable, and shall include the following: (a) Current and unexpired correspondence from the corps documenting the jurisdictional status of the waters located within the project area.

(G) The director shall issue or deny a section 401 water quality certification not later than one hundred eighty days after the complete application for the certification is received.

D. DIRECTOR’S AUTHORIZATION 1. In accordance with the procedures outlined in Appendix A, Ohio EPA can grant coverage under this certification for any project that does not meet one or more of the terms and conditions for eligibility of this certification or where the district engineer has been granted authority to waive certain requirements.

a. They are notified in writing by Ohio EPA that the activity may proceed under the 401 WQC for the NWP; or b. 45 calendar days have passed from Ohio EPA’s receipt of the notification and the applicant has not received written notice from Ohio EPA that additional information is necessary or that an individual 401 WQC is required.

3. Individual 401 WQC is required for temporary or permanent impacts to category 3 wetlands that exceed 0.1 acres. Impacts to category 3 wetlands are only allowable for activities involving the repair, maintenance, replacement, or safety upgrades to existing infrastructure that meets the definition of public need.

The NWPs are not valid until the appropriate state agency certifies the discharge of dredged or fill material into waters of the U.S. does not violate state water quality standards or waives certification pursuant to 40 CFR § 121.9. The State of Ohio Section 401 Water Quality Certification has been waived for the 2021 NWPs.

No person shall engage in the filling of an isolated wetland unless authorized to do so by a general or individual state isolated wetland permit.

(F) "Isolated wetland" means a wetland that is not subject to regulation under the Federal Water Pollution Control Act.

including a determination from the U.S. Army Corps of Engineers that the wetlands proposed to be covered by this general permit are not Waters of the United States and not subject to Section 404 of the Clean Water Act; 3) A completed Ohio Rapid Assessment Method (ORAM 5.0) wetland categorization form for each isolated wetland on the project site.

A proposed filling of a category 1 or a category 2 isolated wetland of one-half acre or less shall require a general state isolated wetland permit and be subject to level one review requirements established under division (B) of this section.

A proposed filling of a category 1 isolated wetland of greater than one-half acre or the proposed filling of a category 2 isolated wetland of greater than one-half acre, but less than or equal to three acres shall require an individual state isolated wetland permit and be subject to level two review requirements established under division (B) of this section.

A proposed filling of a category 2 isolated wetland of greater than three acres or a category 3 isolated wetland shall require an individual state isolated wetland permit and be subject to level three review requirements established under division (B) of this section.

30 days* General Permit Level 1 1 more than 0.5 acres Yes No 90 days* Individual Level 2 Isolated Wetland Permit Level 2 2 more than 0.5 acres but less than or equal to 3 acres 2 more than 3 acres Yes No 180 days* Individual Level 3 Isolated Wetland Permit Level 3 3 any size Yes Yes

recorded in a final jurisdictional determination (JD) which is sent to the entity requesting the JD and to Ohio EPA. PLEASE NOTE: When the applicant requests, and the U.S. Army Corps of Engineers issues, a preliminary JD, all wetlands on the proposed site are assumed to be waters of the U.S. and will not be declared isolated.

No dam may be constructed for the purpose of storing, conserving, or retarding water, or for any other purpose, nor shall any levee be constructed for the purpose of diverting or retaining flood water, unless the person or governmental agency desiring the construction has a construction permit for the dam or levee

(1) A dam that is or will be less than ten feet in height and that has or will have a storage capacity of not more than fifty acre-feet at the elevation of the top of the dam, as determined by the chief.

(2) A dam, regardless of height, that has or will have a storage capacity of not more than fifteen acre- feet at the elevation of the top of the dam, as determined by the chief; (3) A dam, regardless of storage capacity, that is or will be six feet or less in height, as determined by the chief;

including a detailed cost estimate, for the proposed construction, prepared by a registered professional engineer, together with any filing fee specified by rules adopted by the chief in accordance with division (I) of this section and the bond or other security required by section 1521.061 of the Revised Code, shall be filed with the chief.

The chief shall, within thirty days from the date of the receipt of the application, fee, and bond or other security, issue or deny a construction permit for the construction or may issue a construction permit conditioned upon the making of such changes in the plans and specifications for the construction as the chief considers advisable

(E) A registered professional engineer shall inspect the construction for which the permit was issued during all phases of construction and shall furnish to the chief such regular reports of the engineer's inspections as the chief may require.

(C) Intervals between periodic inspections shall be determined by the chief, but shall not exceed five years.

Ponds with dams are regulated under the Ohio Revised Code 1501: 21 Dam Safety Administrative Rules. A dam is exempt from the state’s authority (ORC Section 1521.062) if it is 6 feet or less in height regardless of total storage; less than 10 feet in height with not more than 50 acre-feet of storage,

The rules shall provide for the taking of species threatened with statewide extinction, for zoological, educational, and scientific purposes, and for propagation in captivity to preserve the species, under written permits from the chief.

the following native species and subspecies of wild animals shall be designated as endangered in accordance with section 1531.25 of the Revised Code: (1) Mammals Indiana bat, Myotis sodalis Allegheny woodrat, Neotoma magister Black bear, Ursus americanus Little brown bat, Myotis lucifugus Tricolored bat, Perimyotis subflavus Northern long-eared bat, Myotis septentrionalis

unlawful for any person to take, transport, sell, offer for sale or possess any of the native endangered species of wild animals, applying to endangered wild animals that are either resident within or migrate into or through Ohio, or hides or parts thereof listed in this rule or any other wildlife order without first obtaining a written permit

No person shall willfully root up, injure, destroy, remove, or carry away on or from public highways, public property, or waters of the state, or on or from the property of another, without the written permission of the owner, lessee, or other person entitled to possession, any endangered or threatened plant

(B) No public agency or political subdivision of this state may require any approval, consent, permit, certificate, or other condition for the construction or operation of a major utility facility or economically significant wind farm authorized by a certificate issued pursuant to Chapter 4906. of the Revised Code.

If your project meets any of the following criteria, or you are interested in a more comprehensive review, please submit for an Environmental Review. Project requires coordination with ODNR to fulfill NEPA, ESA, FWCA, or CWA requirements. Project will be submitted to Ohio Power Siting Board.

Any Ohio project that is not within a known bat record buffer, and tree clearing between April 1 and September 31 is being proposed, may have a presence/probable absence survey conducted between June 1 and August 15 following the range-wide guidance. If a presence/probable absence survey is not performed, presence of listed bats is assumed.

If potential hibernacula are found during the desktop assessment: - Assume bats are using these hibernacula and refrain from clearing trees from March 15-November 15 -Or- - Conduct a field habitat assessment to determine if a potential hibernaculum(a) is present within the action area.

Disclaimer: The guidance document is non-exhaustive. Project recommendations are made on a site-specific basis and may include additional considerations. It is ODNR’s expectation that the conditions below are incorporated into the site development plan for all proposed solar energy facilities in Ohio which are subject to Ohio Power Siting Board regulation.

Conduct environmental resource surveys as described in the ODNR Environmental Review process. Delineate wetlands and streams, prior to OPSB application submission.

Avoid existing wetlands and adjacent woodlands. A minimum 120-foot buffer should be maintained on Category 1 and 2 wetlands. A minimum 300-foot buffer should be maintained on Category 3 wetlands to preserve ecological integrity.

Fencing around panels should incorporate gaps or spaces of at least 6 inches x 6 inches to allow passage of small mammals.

Solar development sites are required to plant a minimum of 70% of the developed project area in beneficial vegetation, utilizing plant species as described in Attachment A (or other suitable species as approved) and follow the Ohio Solar Site Pollinator Habitat Planning and Assessment Form with a minimum score of 80 points.

Routine mowing will be limited to fall/spring seasons, as needed, to allow for natural reseeding of plantings and reduce impacts to ground-nesting birds. These requirements are intended to provide wildlife habitat, encourage water infiltration, and reduce erosion. This requirement not applicable to sites committed to alternative agricultural uses to control vegetation, as described in the vegetation management plan.

The Applicant shall contact OPSB staff, ODNR DOW, and USFWS within 24 hours if state or federal listed species are encountered during construction activities. Construction activities that could adversely impact the identified plants or animals shall be immediately halted until an appropriate course of action has been agreed upon by the Applicant, OPSB staff, and the appropriate agencies.

Planned management practices for areas designated as part of the pollinator habitat site. Check all that apply. Detailed establishment and management plan developed for site 10 points Mowing Follows OPHI mowing schedule for monarchs each year 5 points Mowing is staggered over a 2 week period 5 points

(1) Landmark mapping. The applicant shall indicate, on a map of at least 1:24,000 scale, any formally adopted land and water recreation areas, recreational trails, scenic rivers, scenic routes or byways, and registered landmarks of historic, religious, archaeological, scenic, natural, or other cultural significance within ten miles of the project area.

(2) Impacts on landmarks. The applicant shall provide an evaluation of the impact of the proposed facility on the preservation and continued meaningfulness of these landmarks and describe plans to avoid or mitigate any adverse impact.

and for such purposes shall, whenever practical, by contract or otherwise provide for archaeological and historic survey and salvage work during the planning phases, before work on a public improvement begins or at other appropriate times;

There is no formal process for consulting with SHPO under Ohio Revised Code (ORC) 149.53. However, the phased approach indicated above is typically followed.

The following report formats are required for all archaeology undertakings reviewed by the State Historic Preservation Office (SHPO) pursuant to 36 CFR Part 800, regulations implementing Section 106 of the National Historic Preservation Act; and Ohio Revised Code (ORC) section 149.53, Archaeological and Historic Survey and Salvage Work.

All surveys under taken for compliance projects and through Certified Local Governments (CLG s) Grants and History Fund Grants must be carried out under the professional direction of a Principal Investigator that meets the established professional qualifications set forth in the Secretary of the Interior’s Standards for Archeology and Historic Preservation for a Historian, Architectural Historian, or Historic Preservationist.

Section 106 is a routine part of the planning process for projects that receive federal funding, permits, licenses, or approvals, to ensure that preservation standards are factored into a project before work is authorized to begin.

Following our review of the Project Summary Form and its associated documentation, SHPO may request additional information to help us understand your assessment of the project’s effect. The regulations give us thirty days to respond to project submissions that meet all the requirements found at 36 CFR 800.11. Incomplete submissions may require the preparation of additional information and analysis.

the board, trustees, or directors may order that the abandoned cemetery or the cemetery whose further use for burial purposes is believed to be detrimental to the public welfare or health be discontinued and provide for the removal of all remains buried in that cemetery,

shall disinter or grant permission to disinter any remains buried in the cemetery in either of the following circumstances: (1) Within thirty days after an application for disinterment is filed with the cemetery in accordance with division (A) of section 517.24 of the Revised Code and payment of the reasonable costs and expense of disinterment is made

(B)(1) A person who is eighteen years of age or older and of sound mind and who is not qualified to file an application to disinter pursuant to division (A)(1) of section 517.23 of the Revised Code may obtain a court order under this division for the disinterment of the remains of the decedent.

No person, without privilege to do so, shall purposely deface, damage, pollute, or otherwise physically mistreat any of the following: (1) The flag of the United States or of this state; (2) Any public monument; (3) Any historical or commemorative marker, or any structure, Indian mound or earthwork, cemetery, thing, or site of great historical or archaeological interest;

(D) Sections 4767.02 to 4767.04 of the Revised Code do not apply to or affect a family cemetery or a cemetery in which there have been no interments during the previous twenty-five calendar years.

Regardless of whether or not a cemetery, burial mound, or other burial place is found eligible for listing in the NRHP, SHPO recommends preservation-in-place as the preferred treatment. The only exception is for cases where all parties, including lineal descendants and/or culturally affiliated groups or individuals, agree that removal/disinterment is the best option.

The buffer must be depicted on project construction plans and delineated by temporary fencing prior to and during construction. If a 100-foot buffer is not possible, geophysical investigations must be used to try and delineate the horizontal extent of the interments followed by consultation with the SHPO to determine the extent of the avoidance area

encountered during any phase of compliance-related activities and/or construction activities, all ground disturbing activities within a 150-foot radius of the burial place must cease and the human remains, burial facility and associated funerary objects must be covered and secured. The discovery must be reported to the county medical examiner/coroner, local law enforcement, the agency/applicant, landowner, and the SHPO.

A companion law is the current agricultural use valuation (CAUV) program. The CAUV provides relief on farmland property taxes. Please contact your local county auditor's office for more information about the agricultural district or CAUV programs.

"Withdrawal from an agricultural district" includes the explicit removal of land from an agricultural district, conversion of land in an agricultural district to use for purposes other than agricultural production, and withdrawal of land from a land retirement or conservation program to use for purposes other than agricultural production.

the owner shall pay a percentage of the amount charged under section 5713.34 of the Revised Code that is equal to the average bank prime rate at the time the amount charged under that section is required to be paid. The withdrawal penalty shall be in addition to the amount charged under that section.

a portion of the tax savings upon such converted land shall be recouped as provided for by Section 36, Article II, Ohio Constitution by levying a charge on such land in an amount equal to the amount of the tax savings on the converted land during the three tax years immediately preceding the year in which the conversion occurs.

A charge shall not be levied under this section for the conversion of a portion of a tract, lot, or parcel of land devoted exclusively to agricultural use if the conversion is incident to the construction or installation of an energy facility, as defined in section 5727.01 of the Revised Code

shall not cause the remaining portion of the tract, lot, or parcel to be regarded as a conversion of land devoted exclusively to agricultural use if the remaining portion of the tract, lot, or parcel continues to be devoted exclusively to agricultural use.

what its impact will be on the viability as agricultural land of any land in an existing agricultural district established under Chapter 929. of the Revised Code that is located within the site and alternative site of the proposed major utility facility.

The applicant shall provide information regarding agricultural districts and potential impacts to agricultural land. (1) Mapping of agricultural land. The applicant shall identify on a map of at least 1:24,000 scale the proposed facility, all agricultural land, and separately all agricultural district land existing at least sixty days prior to submission of the application located within the project area boundaries.

Tangible personal property of a qualified energy project using renewable energy resources is exempt from taxation for tax years 2011 through 2025 if all of the following conditions are satisfied:

For a qualified energy project with a nameplate capacity of twenty megawatts or greater, a board of county commissioners of a county in which property of the project is located has adopted a resolution under division (E)(1)(b) or (c) of this section to approve the application submitted under division (E) of this section

Construction or installation of the energy facility begins on or after January 1, 2009, and before January 1, 2025. For the purposes of this division, construction begins on the earlier of the date of application for a certificate or other approval or permit described in division (B)(1)(a) of this section

A board of county commissioners may adopt a resolution declaring the county to be an alternative energy zone and declaring all applications submitted to the director of development under this division after the adoption of the resolution, and prior to its repeal, to be approved by the board.

The board shall send such notice within thirty days after receipt of the application, or a longer period of time if authorized by the director.

shall make annual service payments in lieu of taxes to the county treasurer on or before the final dates for payments of taxes on public utility personal property on the real and public utility personal property tax list for each tax year for which property of the energy project is exempt from taxation under this section.

Each payment shall be in the following amount: (1) In the case of a solar energy project, seven thousand dollars per megawatt of nameplate capacity located in the county as of the thirty-first-day of December of the preceding tax year;

A person may apply to the director of development for certification of an energy project as a qualified energy project on or before the following dates: (i) December 31, 2024, for an energy project using renewable energy resources;

The director of transportation with respect to all highways that are a part of the state highway system and local authorities with respect to highways under their jurisdiction, upon application in writing, shall issue a special regional heavy hauling permit authorizing the applicant to operate or move a vehicle or combination of vehicles as follows:

In addition, a local authority, as a condition of issuance of an overweight permit, may require the applicant to develop and enter into a mutual agreement with the local authority to compensate for or to repair excess damage caused to the roadway by travel under the permit.

The director of transportation may upon formal application being made to the director, grant a permit to any individual, firm, or corporation to use or occupy such portion of a road or highway on the state highway system as will not incommode the traveling public.

so occupying any road or highway on the state highway system, under and by virtue of a franchise or permit granted and in force, shall relocate their properties and all parts thereof within the bounds of the road or highway when in the opinion of the director they constitute obstructions,

Permits are required when working on the Ohio Department of Transportation's right-of-way. Common activities that occur along state, federal, and interstate highways that require right-of-way permits include: Residential, commercial, and field driveways Landscaping Utility work, including telephone, electric, gas, cable, water, sanitary sewer, and storm sewer Pipeline installation Soil boring Seismic surveys

An access request may be submitted via mail or electronically via email. Decisions for an access request will generally be provided within 30 calendar days after all necessary application information is provided and correct.

No person, partnership, or corporation shall erect, within the bounds of any highway or on the bridges or culverts thereon, any obstruction without first obtaining the approval of the board in case of highways other than roads and highways on the state highway system and the bridges and culverts thereon.

Describe measures that will be taken to improve inadequate roads and repair roads and bridges to at least the condition present prior to the project. (4) The applicant shall list all transportation permits required for construction and operation of the project, and describe any necessary coordination with appropriate authorities for temporary or permanent road closures

"Improvement" includes: (1) The location, construction, reconstruction, reconditioning, widening, deepening, straightening, altering, boxing, tiling, filling, walling, arching, or any change in the course, location, or terminus of any ditch, drain, watercourse, or floodway;

Any owner may file a petition for the construction of a drainage improvement with the clerk of the board of county commissioners of the county in which is located a part of the land proposed to benefit from the improvement.

which shall be between thirty and one hundred twenty days after the date on which the petition was filed with the clerk; (2) Establish a date and hour between thirty and ninety days after the date set for the view, when it will hold its first hearing on the petition.

When an improvement is proposed to be located in or benefits or damages land in two or more counties, the proceeding shall be conducted by a joint board of county commissioners consisting of the members of the boards of county commissioners of the several counties in which land may be benefited or damaged by the proposed improvement.

With regard to a single county improvement, the county engineer has general charge and supervision of the repair and maintenance of all county drainage improvements constructed under Chapters 940., 6131., 6133., and 6135. of the Revised Code.

In the case of open ditches, the permanent easement so used shall be not more than twenty- five feet from the top of the bank, measured at right angles thereto, and wherever practical the area so used shall be on one side of the ditch only.

The maximum width of permanent easement for closed ditches shall not exceed eighty feet centered on the centerline of the improvement.

Avoidance or minimization to the maximum extent practicable of any damage to field tile drainage systems and soils in agricultural areas. (ii) Timely repair of damaged field tile systems to at least original conditions, at the applicant's expense.

no person shall commence to install any structure or object of natural growth in this state, any part of which will penetrate or is reasonably expected to penetrate into or through any airport's clear zone surface, horizontal surface, conical surface, primary surface, approach surface, or transitional surface without first obtaining a permit from the department of transportation

Any person who receives a certificate from the power siting board pursuant to section 4906.03 or 4906.10 of the Revised Code on or after October 15, 1991, is not required to apply for a permit from the department under sections 4561.30 to 4561.39 of the Revised Code.

"Airport" means any airport certified for commercial purposes by the department of transportation. "Airport" does not include a military airport owned by the United States government and used for no commercial purposes.

An applicant shall file an application not less than thirty days nor more than two years prior to the planned date of commencement of installation or substantial change. This period may be waived by the department for unforeseen emergencies.

In determining whether to grant or deny a permit, the department shall determine whether the height and location of a structure or object of natural growth, as set forth in the permit application, will be an obstruction to air navigation based upon the rules adopted under section 4561.32 of the Revised Code if installed as proposed.

if the office determines that the facility constitutes or will constitute an obstruction to air navigation, it shall provide, in writing, this determination and either the terms, conditions, and modifications that are necessary for the applicant to eliminate the obstruction or a statement that compliance with the obstruction standards may be waived, to the power siting board

determining whether the facility will comply with all rules and standards adopted under section 4561.32 of the Revised Code, the board shall consult with the office of aviation of the division of multi-modal planning and programs of the department of transportation under section 4561.341 of the Revised Code.

Additionally, a permit from the Ohio Department of Transportation's Office of Aviation must be obtained prior to the start of any construction on or near airports in Ohio that are open to the public. Filing the 7460-1 with the FAA above fulfills the state permit application requirements as set forth in the Ohio Administrative Code, Section 5501:1.

105.7.2 Battery systems. A permit to install stationary storage battery systems having a liquid capacity of more than 50 gallons (189 L).

105.7.15 Solar photovoltaic power systems. A construction permit to install or modify solar photovoltaic power systems. Maintenance performed in accordance with the state fire code is not considered to be a modification and does not require a permit.

105.1.1.2 Discretionary permits. The local fire code official is authorized, but not required, to establish a permit program and issue a permit for the hazardous activities set forth in paragraphs (E)(6)(105.6) and (E)(7)(105.7) of this rule.

Stationary storage battery systems having an electrolyte capacity of more than 50 gallons (189 L) for flooded lead acid, nickel cadmium (Ni-Cd) and valve-regulated lead acid (VRLA), or more than 1,000 pounds (454 kg) for lithium-ion and lithium metal polymer, used for facility standby power, emergency power or uninterruptible power supplies shall comply

8. Structures and premises subject to the exclusive jurisdiction of the power siting board as established in the Revised Code or in administrative rules promulgated by the power siting board, to the extent of such exclusivity.

No public agency or political subdivision of this state may require any approval, consent, permit, certificate, or other condition for the construction or operation of a major utility facility or economically significant wind farm authorized by a certificate issued pursuant to Chapter 4906. of the Revised Code.

Nothing herein shall prevent the application of state laws for the protection of employees engaged in the construction of such facility or wind farm nor of municipal regulations that do not pertain to the location or design of, or pollution control and abatement standards for, a major utility facility

The fire marshal shall adopt a state fire code which shall consist of rules relating to all aspects of fire safety. The rules shall be the minimum standards for safeguarding life and property from fire and explosion

Any building that may be used as a place of resort, assembly, education, entertainment, lodging, dwelling, trade, manufacture, repair, storage, traffic, or occupancy by the public, any residential building, and all other buildings or parts and appurtenances of those buildings erected within this state, shall be so constructed, erected, equipped, and maintained that they shall be safe and sanitary

"Building" means any structure consisting of foundations, walls, columns, girders, beams, floors, and roof, or a combination of any number of these parts, with or without other parts or appurtenances.

The provisions of the “Ohio Building Code”, the “Ohio Mechanical Code”, and the “Ohio Plumbing Code” shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures.

Structures on the premises of and directly related to the operation of a generating plant defined as a major utility facility regulated by the power siting board, including the structures associated with generation, transmission, and distribution.

As a condition of the power siting board’s approval, the building department may be requested to review and inspect these structures for compliance with the rules of the board of building standards. However, the building department has no enforcement authority.

construction documents relating to the work and equipment under consideration shall be prepared in conformity with section 106 and be submitted to the building department for examination and approval.

The approval of plans under this section is a “license” and the failure to approve such plans as submitted within thirty days after filing or the disapproval of such plans is an “adjudication order denying the issuance of a license” requiring the opportunity for an “adjudication hearing”

SECTION 3111 PHOTOVOLTAIC PANELS AND MODULES 3111.1 General. Photovoltaic panels and modules shall comply with the requirements of this code and the fire code. 3111.1.1 Rooftop-mounted photovoltaic panels and modules. Photovoltaic panels and modules installed on a roof or as an integral part of a roof assembly shall comply with the requirements of Chapter 15 and the fire code.

(3) Noise. The applicant shall provide information on noise from the construction and operation of the facility.

Describe the operational noise levels expected at the nearest property boundary.

Indicate the location of any noise-sensitive areas within one mile of the facility

including limits on the time of day at which construction activities may occur

Submit a preconstruction background noise study of the project area

Regulations associated with wind farms.

For all structures and property lines within one thousand five hundred feet of the generation equipment or wind turbine

For all structures and property lines within two hundred fifty feet of a collection line

Regulations associated with wind farms.

to begin construction or other development activity including but not limited to filling; grading; construction; alteration, remodeling, or expanding any structure; or alteration of any watercourse wholly within, partially within or in contact with any identified special flood hazard area, as established in Section 1.6, until a floodplain development permit is obtained from the Floodplain Administrator.

For the purposes of these regulations, the following studies and / or maps are adopted: A. Flood Insurance Study Carroll County, Ohio and Incorporated Areas and Flood Insurance Rate Map Carroll county, Ohio and Incorporated Areas.

Special flood hazard areas may also refer to areas that are flood prone and designated from other federal state or local sources of data including but not limited to historical flood information reflecting high water marks, previous flood inundation areas, and flood prone soils associated with a watercourse.

Within thirty (30) days after the receipt of a complete application, the Floodplain Administrator shall either approve or disapprove the application. If an application is approved, a floodplain development permit shall be issued. All floodplain development permits shall be conditional upon the commencement of work within one (1) year.

C. Major utility facilities permitted by the Ohio Power Siting Board under Section 4906 of the Ohio Revised Code.

Any proposed action exempt from filing for a floodplain development permit is also exempt from the standards of these regulations.

390763B CARROLL COUNTY * CARROLL COUNTY 09/14/18 09/28/90 09/28/90 11/04/77 No 390048# CARROLLTON, VILLAGE OF CARROLL COUNTY 06/04/10(M) 08/19/85 08/19/85 01/16/74 No

No public agency or political subdivision of this state may require any approval, consent, permit, certificate, or other condition for the construction or operation of a major utility facility or economically significant wind farm authorized by a certificate issued pursuant to Chapter 4906. of the Revised Code.

1. Attach a drawing of the proposed work. Show plan, profile, section, pavement, pipes, bridges, etc. 2. Underground lines, etc. parallel to the road shall be no less than 30” deep, located behind the back side of the ditch line and have permanent markers at the R/W line, angle points every 200 feet within the R/W.

3. The County Engineer’s Office shall be notified two working days before any work is started within the R/W. 4. Any expense incurred by the County due to the applicant’s use of the R/W will be paid by the applicant.

All driveways that connect to a county road in Carroll County require a permit from the Board of County Commissioners issued through the office of the County Engineer.

Temporary access permit only. Driveway to be removed upon completion of the project. Temporary Drive Permit Requirements: All temporary driveway permits must utilize Management of Traffic (MOT) measures (e.g. flagging, signage) as outlined by applicable material from ODOT’s Ohio Manual of Uniform Traffic Control Devices (OMUTCD).

Roadway Use and Maintenance Agreement for Power Facilities Driveway Permit for Construction Within The County Right-of-Way Limits (Commercial) Driveway Permit for Construction within the County Right of Way Limits (Residential) Permit for The Use of The County Highway Right-of-Way Special Hauling Permit Road Bond Form

No person, partnership, or corporation shall erect, within the bounds of any highway or on the bridges or culverts thereon, any obstruction without first obtaining the approval of the board in case of highways other than roads and highways on the state highway system and the bridges and culverts thereon.

No public agency or political subdivision of this state may require any approval, consent, permit, certificate, or other condition for the construction or operation of a major utility facility or economically significant wind farm authorized by a certificate issued pursuant to Chapter 4906. of the Revised Code.

(4) The applicant shall list all transportation permits required for construction and operation of the project, and describe any necessary coordination with appropriate authorities for temporary or permanent road closures, lane closures, road access restrictions, and traffic control necessary for construction and operation of the proposed facility.

All heavy hauling operations using county roads must obtain an approved “Special Hauling Permit” before starting any hauling. There is no charge for the permit. The appropriate Township Trustees must also be contacted before hauling on township roads.

Township Trustee lists are available at the County Engineer’s Office. A minimum $25,000.00 per mile bond will be required.

During the period of high soil moisture and potential freeze/thaw cycles, the legal load limits on all county and township roads are reduced 25%. The load reduction period, set by the Carroll County Commissioners, is between December 1 and May 15.

Heavy hauling may only be permitted when the roadway is frozen during the Frost Law Period. The company must contact the County Engineer’s Office each time they are planning any heavy hauling during the Frost Law Period.

The normal bond during the Frost Law Period is $25,000 per mile surety bond and the Carroll County Commissioners shall be listed as obligees on the bond. In the event that any road on the route has a current Road Use Maintenance Agreement, a separate Shared Road Use Maintenance Agreement may be required.

The bond will be returned to the company or transferred to another permit in whole or in part depending on the condition of the road after all hauling is completed. The County Engineer will determine the cost to repair any road damage found and bill the company.

local authorities with respect to highways under their jurisdiction, upon application in writing, shall issue a special regional heavy hauling permit authorizing the applicant to operate or move a vehicle or combination of vehicles as follows: (a) At a size or weight of vehicle or load exceeding the maximum specified in sections 5577.01 to 5577.09 of the Revised Code

No public agency or political subdivision of this state may require any approval, consent, permit, certificate, or other condition for the construction or operation of a major utility facility or economically significant wind farm authorized by a certificate issued pursuant to Chapter 4906. of the Revised Code.

Bridges are identified as any structure of ten feet (10) or more clear span or ten feet (10) or more in diameter on, above, or below a highway. The County Engineer has the responsibility to construct and maintain all highway bridges on County and Township roads in Carroll County.

Culverts are identified as any structure less than ten feet (10’) clear span/diameter on or below a highway. The responsibility to construct and maintain highway culverts on roads within Carroll County lies with the respective road maintenance jurisdiction of the highway (i.e. Township, County, and State).

Townships are responsible for construction and maintenance of all culverts on township roads less than ten foot (10’) clear span/diameter.

Based on a formal request from the township for assistance, the County may participate in township culvert replacement projects at its discretion and within the limits of available resources.

The board of township trustees, by resolution, may require any person to obtain a permit before installing a driveway culvert or making any excavation in a township highway

(F) The owner or a lessee pursuant to a sale and leaseback transaction of a qualified energy project shall do each of the following:

(4) For energy projects with a nameplate capacity of twenty megawatts or greater, repair all roads, bridges, and culverts affected by construction as reasonably required to restore them to their preconstruction condition, as determined by the county engineer in consultation with the local jurisdiction responsible for the roads, bridges, and culverts.

No public agency or political subdivision of this state may require any approval, consent, permit, certificate, or other condition for the construction or operation of a major utility facility or economically significant wind farm authorized by a certificate issued pursuant to Chapter 4906. of the Revised Code.

Divisions of land subject to the provisions of these regulations are: 1. The division of any parcel into two or more lots, or pieces, any one of which is less than five (5) acres.

Division of land not subject to the provisions of these regulations are: 1. The division of land into parcels of more than five (5) acres each not involving any new streets, roads, or easements of access.

The subdivision of land located in the unincorporated areas of the County except the territory which is within three (3) miles of the corporate limits of a city or within one and one-half 1-1/2) miles of the corporate limits of a Village, either of which has enacted platting jurisdiction

is proposed along an existing public street, not involving the opening, widening or extension of any street or road, and involving no more than five (5) lots including the original tract, the said subdivision may be submitted to the Commission for approval without a plat.

If the Commission, acting through its staff, is satisfied that such proposed subdivision is not contrary to applicable platting, subdividing or zoning regulations, it shall within seven(7) full working days after submission approve or deny such proposed subdivision.

IMPORTANT: Minor Subdivision approval is provided for convenience. It does not in any way relieve the applicant from meeting all lawful regulations, including but not limited to the requirements of the Carroll County Subdivision Regulations, Carroll County Health District and the Carroll County Engineer.

Commission: Acts on Final Plat - Gives approval or disapproval along with reasons for refusal in writing within thirty (30) days after plat has been officially filed, otherwise, said plat shall be deemed to have been approved.

No public agency or political subdivision of this state may require any approval, consent, permit, certificate, or other condition for the construction or operation of a major utility facility or economically significant wind farm authorized by a certificate issued pursuant to Chapter 4906. of the Revised Code.

As mentioned earlier, the plan is a guide. It is not a coercive document. To be successful a plan must be reflective; that is, sensitive to change.

We will preserve the “hometown” atmosphere enjoyed by its residents as well as visitors. We will continue to protect agricultural land, forests, open spaces, streams, and ground water supply.

Goal 1: Carroll County residents value their open spaces, agricultural lands and natural areas. They wish to sustain these vital areas that are historically the foundation of the community's quality of life and economic base.

The strategy used as the base of the Carroll County Comprehensive Land Use Plan is to move development away from scattered individual lots and into concentrated development areas.

Those sectors of the county with abundant power available must also be considered in conjunction with the availability of other utilities, such as water, sewer and roadways, and then weighed against the desirability to preserve certain areas of the county for agricultural usage, wildlife corridors and open space.

Land Use Regulatory Tools No townships in Carroll County have zoning regulations. Planning Areas There appears to be some similarities between certain groupings of townships as they relate to land use planning.

(d) Assess the compatibility of the proposed facility and the anticipated resultant regional development with current regional plans.

No public agency or political subdivision of this state may require any approval, consent, permit, certificate, or other condition for the construction or operation of a major utility facility or economically significant wind farm authorized by a certificate issued pursuant to Chapter 4906. of the Revised Code.