Local zoning and permitting report

Word file

The approvals the project needs: zoning and other local land-use permits, state siting and state permits, and other approvals such as a federal nexus, crossing permits or spill planning.

A desk review of the record as it stood: not a field survey and not a modelled study.

Information cut-off: 2023-08-01
Rows in the matrix: PE-01 Local Zoning & Permitting, PE-02 State Jurisdiction, PE-03 Other

All reports

Downloads

This report as a Word file, and the engine's own files for the whole run.

This reporttamsin-ridge-solar-and-storage-local-zoning-and-permitting.docx · Word · 84 KB
The engine's risk matrixRiskMatrix_TamsinRidgeSolarandStorage.xlsx · Excel · 108 KB
The engine's permit matrixTamsin Ridge Solar and Storage Permit Matrix.docx · Word · 61 KB

1Finding

PE-01 Local Zoning & Permitting

3Resource is present, likely difficult to address

up to4Potential fatal flaw

The engine shows this rating as 3-4

The rule

Code computed the rating from the assessor's inputs:

extent=core, avoidable=partly -> 3

Set by the rule

Decision

Released with flags

The engine's reasons

Uncited absence claims to weigh: C-28e17ecd77

Evidence state

VERIFIED · field study or agency determination

The assessor's comments

No county or township zoning applies, so no local zoning, conditional use or setback approval is required. Residents have petitioned commissioners to prohibit the facility and designate Harrison Township a restricted area; the Board may decide within 90 days of the county meeting. County hauling and driveway permits still apply.

Worst case

If what is pending at the cut-off went badly, the same rule gives a higher rating.

Scenario: Commissioners adopt a resolution prohibiting the facility or designating Harrison Township a restricted area, barring the OPSB application.
Step still pending: Board of County Commissioners decision under ORC 303.62 within 90 days of the county public meeting, or a restricted-area resolution under ORC 303.58
Inputs in the worst case: Extent core · Avoidable no · Pathway prohibition · Impact likely yes
The rule on the worst case: worst case: pathway=prohibition -> 4 potential fatal flaw
Claims that make it plausible: C-24271b647d, C-33a9601349, C-a1e4999eda, C-27017a88b6, C-e3e7beda35

PE-02 State Jurisdiction

2Impacts likely but may be easily resolved

up to4Potential fatal flaw

The engine shows this rating as 2-4

The rule

Code computed the rating from the assessor's inputs:

impact_likely=yes -> 2

Set by the rule

Decision

Released with flags

The engine's reasons

Agencies not in the register or the evidence: ODNR, Carroll County

Evidence state

REPORTED · desktop, consultant or developer record

The assessor's comments

OPSB certificate required (major utility facility, 50 MW or more); standard process confirmed at the March 2023 pre-application conference. SB 52 queue exemption appears unavailable, so the county process applies. Ohio EPA stormwater coverage and ODOT superload hauling permit are obtained separately. Filing planned Q3 2023, decision expected 2024.

Worst case

If what is pending at the cut-off went badly, the same rule gives a higher rating.

Scenario: With the SB 52 exemption unavailable, the county prohibits the facility or limits its boundaries, or designates a restricted area, blocking or cutting back the OPSB application.
Step still pending: Carroll County commissioners' 90-day review following the May 11, 2023 county public meeting
Inputs in the worst case: Extent core · Avoidable no · Pathway prohibition · Impact likely yes
The rule on the worst case: worst case: pathway=prohibition -> 4 potential fatal flaw
Claims that make it plausible: C-8eeb60aa11, C-4126d05ae5, C-e47c04e3b2

PE-03 Other

2Impacts likely but may be easily resolved

The engine shows this rating as 2

The rule

Code computed the rating from the assessor's inputs:

impact_likely=yes -> 2

Set by the rule

Decision

Released with flags

The engine's reasons

Agencies not in the register or the evidence: USEPA, USACE

Evidence state

REPORTED · desktop, consultant or developer record

The assessor's comments

No federal land, funding or loans are involved. Main transformer holds about 14,000 gallons of mineral oil, so the substation needs an SPCC plan. One access road crossing of an ephemeral stream is expected under a USACE nationwide permit. The collection easement crosses a Calder Gathering Company gathering line and requires a written crossing agreement.

Worst case

The same rule on the worst case gives no rating above the point.

Scenario: The determination or a layout change takes the crossing outside NWP 14 without notification, so a pre-construction notification is needed; the Corps would then consult SHPO and tribes under Section 106, and no tribal consultation has yet taken place.
Step still pending: Preliminary jurisdictional determination and final layout
Inputs in the worst case: Extent peripheral · Avoidable partly · Pathway standard · Impact likely yes
The rule on the worst case: worst case (impact_likely=yes -> 2) not above the point
Claims that make it plausible: C-8deff0ea95, C-f5449d6a0d, C-336bf30d1a

2What the record shows

PE-01 Local Zoning & Permitting

The five inputs

Present: yes
Local approvals are required even though zoning is absent. C-09acff9294 and C-8041623932 show no county or township zoning approval applies, but the SB 52 county controls (OH-SB52; C-07afad26a4, C-33a9601349, C-a1e4999eda) apply, and county driveway and hauling permits are required (C-e6b7316e42, C-489ba43d8d, C-854b149715). Township road use agreement per L-01.
Cites C-09acff9294, C-8041623932, C-07afad26a4, C-33a9601349, C-a1e4999eda, C-e6b7316e42, C-489ba43d8d, C-854b149715
Extent: core
The SB 52 county public meeting and commissioners' power to prohibit or limit boundaries govern the whole facility (C-33a9601349, C-07afad26a4). The zoning letter confirms no local zoning, setback or screening standard applies (C-8041623932, C-2a27cb9782).
Cites C-33a9601349, C-07afad26a4, C-8041623932, C-2a27cb9782
Avoidable: partly
Friction is documented for the site's own jurisdiction: a resident petition asks commissioners to prohibit the facility and designate Harrison Township a restricted area (C-24271b647d), opponents raised setbacks and screening (C-87c8ed2e8e), and a neighbors' group said it would intervene (C-e3e7beda35). Commissioners took no action and will decide within 90 days (C-27017a88b6). Counsel found no restricted-area resolution for Harrison Township at the conference date (C-0fe7f42a17), so denial is not yet realistic on the record.
Cites C-24271b647d, C-87c8ed2e8e, C-e3e7beda35, C-27017a88b6, C-0fe7f42a17
Pathway: individual
The county's discretionary prohibition or boundary-limit decision is under active contest (C-24271b647d, C-33a9601349, C-27017a88b6), and staff note cases with local opposition take longer (C-b61135956d). No restricted area or prohibition is in force, so not prohibition.
Cites C-24271b647d, C-33a9601349, C-27017a88b6, C-b61135956d, C-0fe7f42a17
Impact likely: yes
Local approvals are required: county hauling and driveway permits, road bond and agreement, township road use agreement, and the county SB 52 process (C-489ba43d8d, C-e6b7316e42, C-1af8ef8e00, C-84c9333669).
Cites C-489ba43d8d, C-e6b7316e42, C-1af8ef8e00, C-84c9333669

Supporting statements (17)

Each claim the row cites: the statement in the assessor's words, then the quote the engine found on the page.

C-07afad26a4
Applicant must hold a public meeting in Carroll County 90 to 300 days before filing the application (ORC 303.61).
Quoted from page 1
the applicant must hold a public meeting in Carroll County at least 90 and not more than 300 days before filing the application
OPSB Pre-Application Conference Summary - Tamsin Ridge Solar and Storage Project · DR-0026 · Page 1 · 2023-03-28
Source agency_determination · Claim type regulatory · Polarity presence · Confidence medium · Quote check exact, 100 of 100
Filed under CO-02, PE-01
See it on page 1, claim C-07afad26a4
C-09acff9294
Carroll County has not adopted a county zoning resolution, and Harrison Township has not adopted a township zoning resolution under ORC Chapter 519.
Quoted from page 1
Carroll County has not adopted a county zoning resolution. Harrison Township has not adopted a township zoning resolution under ORC Chapter 519.
Zoning Verification - Tamsin Ridge Solar and Storage Project · DR-0022 · Page 1 · 2023-02-14
Source agency_determination · Claim type absence · Polarity absence · Confidence high · Quote check exact, 100 of 100
Cited by PE-07 · Filed under PE-01, PE-07
See it on page 1, claim C-09acff9294
C-0fe7f42a17
Counsel's search found no ORC 303.58 restricted-area resolution for Harrison Township on the conference date.
Quoted from page 1
Counsel's search found no such resolution for Harrison Township on the date of the
OPSB Pre-Application Conference Summary - Tamsin Ridge Solar and Storage Project · DR-0026 · Page 1 · 2023-03-28
Source consultant_memo · Claim type absence · Polarity absence · Confidence high · Quote check exact, 100 of 100
Cited by PE-07 · Filed under PE-01, PE-07
See it on page 1, claim C-0fe7f42a17
C-1af8ef8e00
Carroll County requires a special hauling permit, a bond of at least $25,000 per mile, and a Roadway Use and Maintenance Agreement.
Quoted from page 2
a bond of at least $25,000 per mile, with the Board of County Commissioners as obligee, and a Roadway Use and Maintenance Agreement for Power Facilities.
Traffic and Access Memo - Tamsin Ridge Solar and Storage Project · DR-0020 · Page 2 · 2023-06-19
Source consultant_memo · Claim type regulatory · Polarity presence · Confidence high · Quote check exact, 100 of 100
Filed under EG-03, PE-01
See it on page 2, claim C-1af8ef8e00
C-24271b647d
A petition signed by 212 residents asks commissioners to adopt a resolution prohibiting the facility and designate Harrison Township a restricted area for large solar.
Quoted from page 1
It asks the Board of County Commissioners to adopt a resolution under ORC 303.62 prohibiting the facility and to designate Harrison Township a restricted area for large solar facilities under ORC 303.58.
Summary of the County Public Meeting under ORC 303.61 - Tamsin Ridge · DR-0023 · Page 1 · 2023-05-12
Source developer_document · Claim type stakeholder · Polarity presence · Confidence high · Quote check exact, 100 of 100
Cited by CO-02, PE-07 · Filed under CO-02, PE-01, PE-07
See it on page 1, claim C-24271b647d
C-27017a88b6
Commissioners took no action at the meeting; the Board would decide within the statutory 90 days after the meeting.
Quoted from page 1
One commissioner said the Board would decide within the 90 days the statute allows after this meeting
Summary of the County Public Meeting under ORC 303.61 - Tamsin Ridge · DR-0023 · Page 1 · 2023-05-12
Source developer_document · Claim type regulatory · Polarity neutral · Confidence high · Quote check exact, 100 of 100
Cited by CO-02, PE-07 · Filed under CO-02, PE-01, PE-07
See it on page 1, claim C-27017a88b6
C-2a27cb9782
No setback waivers have been requested because no local or state setback applies to the solar facility.
Quoted from page 2
No setback waivers have been requested, because no local or state setback applies to the solar facility.
Option and Lease Summary - Tamsin Ridge Solar and Storage Project · DR-0004 · Page 2 · 2023-05-30
Source developer_document · Claim type absence · Polarity absence · Confidence high · Quote check exact, 100 of 100
Cited by PE-05 · Filed under PE-01, PE-05
See it on page 2, claim C-2a27cb9782
C-33a9601349
Within 90 days after the county public meeting, the Board of County Commissioners may adopt a resolution prohibiting the facility or limiting its boundaries (ORC 303.62).
Quoted from page 1
the Board of County Commissioners may adopt a resolution prohibiting the facility or limiting its boundaries (ORC 303.62)
OPSB Pre-Application Conference Summary - Tamsin Ridge Solar and Storage Project · DR-0026 · Page 1 · 2023-03-28
Source agency_determination · Claim type regulatory · Polarity presence · Confidence high · Quote check exact, 100 of 100
Cited by CO-02, PE-07 · Filed under CO-02, PE-01, PE-07
See it on page 1, claim C-33a9601349
C-489ba43d8d
A Special Hauling Permit is required before heavy hauling on county roads, with no permit charge.
Quoted from page 1
A Special Hauling Permit is required before any heavy hauling on county roads. There is no charge for the permit.
Haul Route Review Comments - Tamsin Ridge Solar and Storage Project · DR-0029 · Page 1 · 2023-07-05
Source agency_determination · Claim type regulatory · Polarity presence · Confidence high · Quote check exact, 100 of 100
Cited by EG-03 · Filed under EG-03, PE-01
See it on page 1, claim C-489ba43d8d
C-8041623932
No local zoning, conditional use, variance or site plan approval is required, and no local setback, height or screening standard applies to the proposed facility.
Quoted from page 1
No local zoning permit, conditional use permit, variance or site plan approval is therefore required for the proposed facility, and no local setback, height or screening standard applies to it.
Zoning Verification - Tamsin Ridge Solar and Storage Project · DR-0022 · Page 1 · 2023-02-14
Source agency_determination · Claim type absence · Polarity absence · Confidence high · Quote check exact, 100 of 100
Cited by EG-04, VI-01 · Filed under EG-04, PE-01, VI-01
See it on page 1, claim C-8041623932
C-84c9333669
Battery enclosures, substation equipment and cranes are overweight or oversize loads needing county and township permits.
Quoted from page 1
The battery enclosures, the substation equipment and the cranes are overweight or oversize loads and will need county and township permits as well.
Traffic and Access Memo - Tamsin Ridge Solar and Storage Project · DR-0020 · Page 1 · 2023-06-19
Source consultant_memo · Claim type constraint · Polarity presence · Confidence high · Quote check exact, 100 of 100
Filed under EG-03, PE-01
See it on page 1, claim C-84c9333669
C-854b149715
Driveway permits are needed for the four construction entrances through the Engineer's office; temporary access option is acceptable for the two Fescue Road entrances.
Quoted from page 1
Driveway permits for the four construction entrances through the Engineer's office;
Email: RE: Haul route and county road permits - Tamsin Ridge · DR-0027 · Page 1 · 2023-07-06
Source correspondence · Claim type regulatory · Polarity presence · Confidence high · Quote check exact, 100 of 100
Filed under EG-03, PE-01
See it on page 1, claim C-854b149715
C-87c8ed2e8e
Opponents raised property values and views, requesting 500-foot setbacks from homes and taller screening.
Quoted from page 1
Property values and views, with requests for 500-foot setbacks from homes and taller screening.
Summary of the County Public Meeting under ORC 303.61 - Tamsin Ridge · DR-0023 · Page 1 · 2023-05-12
Source developer_document · Claim type stakeholder · Polarity presence · Confidence high · Quote check exact, 100 of 100
Cited by CO-02, VI-01 · Filed under CO-02, PE-01, VI-01
See it on page 1, claim C-87c8ed2e8e
C-a1e4999eda
A resolution designating restricted areas under ORC 303.58 would bar an application for a facility within them.
Quoted from page 1
a resolution designating restricted areas under ORC 303.58 would bar an application for a
OPSB Pre-Application Conference Summary - Tamsin Ridge Solar and Storage Project · DR-0026 · Page 1 · 2023-03-28
Source agency_determination · Claim type regulatory · Polarity presence · Confidence high · Quote check exact, 100 of 100
Cited by PE-07 · Filed under PE-01, PE-07
See it on page 1, claim C-a1e4999eda
C-b61135956d
Staff indicated solar cases with active local opposition have recently taken 9 to 14 months from filing to decision.
Quoted from page 2
Staff indicated that solar cases with active local opposition have recently taken 9 to 14 months from filing to decision.
OPSB Pre-Application Conference Summary - Tamsin Ridge Solar and Storage Project · DR-0026 · Page 2 · 2023-03-28
Source agency_determination · Claim type schedule · Polarity neutral · Confidence high · Quote check exact, 100 of 100
Cited by CO-02, PE-02 · Filed under PE-01, PE-02
See it on page 2, claim C-b61135956d
C-e3e7beda35
Harrison Township Neighbors for Farmland said it would intervene in the OPSB case and pursue a referendum if the county acted on restricted areas and the decision were challenged.
Quoted from page 1
A group of neighbors, Harrison Township Neighbors for Farmland, said it would intervene in the OPSB case and would pursue a referendum if the county acted on restricted areas and the decision were challenged.
Summary of the County Public Meeting under ORC 303.61 - Tamsin Ridge · DR-0023 · Page 1 · 2023-05-12
Source developer_document · Claim type stakeholder · Polarity presence · Confidence high · Quote check exact, 100 of 100
Cited by CO-02 · Filed under CO-02, PE-07
See it on page 1, claim C-e3e7beda35
C-e6b7316e42
Driveway permits are required for each entrance on a county road, issued by the Board of County Commissioners through the Engineer's office.
Quoted from page 1
Driveway permits are required for each entrance on a county road, issued by the Board of County Commissioners through this office.
Haul Route Review Comments - Tamsin Ridge Solar and Storage Project · DR-0029 · Page 1 · 2023-07-05
Source agency_determination · Claim type regulatory · Polarity presence · Confidence high · Quote check exact, 100 of 100
Cited by EG-03 · Filed under EG-03, PE-01
See it on page 1, claim C-e6b7316e42

PE-02 State Jurisdiction

The five inputs

Present: yes
OPSB staff confirmed the project is a major utility facility needing a certificate (C-0f5beca55f, C-857993e699, C-acf07ebdee; OH-OPSB). Ohio EPA stormwater coverage (C-4bf6e9a178; OH-SWM) and ODOT hauling permits (C-c4d1481145; OH-ROAD) are also required.
Cites C-0f5beca55f, C-857993e699, C-acf07ebdee, C-4bf6e9a178, C-c4d1481145
Extent: core
The OPSB certificate governs the whole 120 MW solar and storage facility; staff treat the battery as part of the generating facility (C-0f5beca55f, C-e7f77313ec).
Cites C-0f5beca55f, C-e7f77313ec
Avoidable: unknown
The SB 52 Section 4 exemption appears unavailable (C-8eeb60aa11), so the county's 90-day window after the May 11, 2023 public meeting applies (C-4126d05ae5). The room does not document any county restricted-area designation, resolution or local opposition. Staff's 9 to 14 month figure for contested cases is a statewide trend (C-b61135956d), not site friction. The rating assumes routine processing.
Cites C-8eeb60aa11, C-4126d05ae5, C-b61135956d
Pathway: standard
The project is on the OPSB standard certificate process (C-0f5beca55f). No contest is documented. Stormwater, 401/isolated wetland and ODOT permits are obtained separately (C-1f7f13bfbe).
Cites C-0f5beca55f, C-1f7f13bfbe
Impact likely: yes
State approvals are required: the OPSB certificate, Ohio EPA OHC000006 coverage, ODOT special hauling permit, and possibly an Ohio EPA isolated wetland permit for W-5 (C-0f5beca55f, C-4bf6e9a178, C-c4d1481145, C-1d56a9d4b8).
Cites C-0f5beca55f, C-4bf6e9a178, C-c4d1481145, C-1d56a9d4b8

Supporting statements (15)

Each claim the row cites: the statement in the assessor's words, then the quote the engine found on the page.

Also cited for this row, and quoted above (1): C-b61135956d

C-0f5beca55f
OPSB staff agreed the project is a major utility facility needing an OPSB certificate before construction under the standard process.
Quoted from page 1
MWh battery system, is a major utility facility that needs a certificate of environmental compatibility and public
OPSB Pre-Application Conference Summary - Tamsin Ridge Solar and Storage Project · DR-0026 · Page 1 · 2023-03-28
Source agency_determination · Claim type regulatory · Polarity presence · Confidence high · Quote check exact, 100 of 100
See it on page 1, claim C-0f5beca55f
C-1d56a9d4b8
Wetland W-5 has no surface connection to a stream and may be an isolated wetland regulated by Ohio EPA alone.
Quoted from page 1
Wetland W-5 has no surface connection to a stream and may be an isolated wetland regulated by Ohio EPA alone.
Wetland and Stream Delineation Report - Tamsin Ridge Solar and Storage Project · DR-0013 · Page 1 · 2023-05-22
Source consultant_memo · Claim type regulatory · Polarity presence · Confidence high · Quote check exact, 100 of 100
Filed under AQ-01, PE-02
See it on page 1, claim C-1d56a9d4b8
C-1f7f13bfbe
Ohio EPA construction stormwater coverage, any Section 401 or isolated wetland permit, and ODOT hauling and access permits are obtained separately from the certificate.
Quoted from page 2
Ohio EPA construction stormwater coverage, any Section 401 certification or isolated wetland permit, and ODOT hauling and access permits are obtained separately
OPSB Pre-Application Conference Summary - Tamsin Ridge Solar and Storage Project · DR-0026 · Page 2 · 2023-03-28
Source agency_determination · Claim type regulatory · Polarity presence · Confidence high · Quote check exact, 100 of 100
Filed under AQ-01, EG-02, EG-03, PE-02
See it on page 2, claim C-1f7f13bfbe
C-4126d05ae5
OPSB pre-application conference was held March 21, 2023, and the county public meeting May 11, 2023.
Quoted from page 1
The pre-application conference with OPSB staff was held on March 21, 2023, and the county public meeting required by ORC 303.61 was held on May 11, 2023.
Tamsin Ridge Solar and Storage Project - Project Description · DR-0001 · Page 1 · 2023-06-12
Source developer_document · Claim type schedule · Polarity neutral · Confidence high · Quote check exact, 100 of 100
Filed under PE-01, PE-02
See it on page 1, claim C-4126d05ae5
C-41d7bff0bb
Stormwater basins with embankments may need a dam permit if they exceed statutory size thresholds.
Quoted from page 1
Stormwater basins with embankments may need a dam permit if they exceed the statutory size thresholds.
ODNR Environmental Review - Tamsin Ridge Solar and Storage Project (ODNR 23-0477) · DR-0011 · Page 1 · 2023-05-02
Source agency_determination · Claim type regulatory · Polarity presence · Confidence high · Quote check exact, 100 of 100
Cited by EG-02 · Filed under EG-02, PE-02
See it on page 1, claim C-41d7bff0bb
C-4bf6e9a178
Disturbance over one acre requires Ohio EPA construction stormwater general permit OHC000006 coverage, including an SWP3 and Notice of Intent.
Quoted from page 1
Construction will disturb more than one acre, so the Project needs coverage under Ohio EPA's construction
Stormwater, Floodplain and Drainage Memo - Tamsin Ridge Solar and Storage Project · DR-0019 · Page 1 · 2023-06-05
Source consultant_memo · Claim type regulatory · Polarity presence · Confidence high · Quote check exact, 100 of 100
Cited by EN-08, EG-02 · Filed under EG-02, PE-02
See it on page 1, claim C-4bf6e9a178
C-785b75ec77
Planned sequence: county meeting May 2023, application filing third quarter 2023, decision expected 2024.
Quoted from page 2
application filing in the third quarter of 2023; decision expected in 2024.
OPSB Pre-Application Conference Summary - Tamsin Ridge Solar and Storage Project · DR-0026 · Page 2 · 2023-03-28
Source developer_document · Claim type schedule · Polarity neutral · Confidence medium · Quote check exact, 100 of 100
See it on page 2, claim C-785b75ec77
C-857993e699
The Project needs an OPSB certificate of environmental compatibility and public need.
Quoted from page 1
The Project needs a certificate of environmental compatibility and public need from the Ohio Power Siting Board (OPSB).
Tamsin Ridge Solar and Storage Project - Project Description · DR-0001 · Page 1 · 2023-06-12
Source developer_document · Claim type regulatory · Polarity presence · Confidence high · Quote check exact, 100 of 100
See it on page 1, claim C-857993e699
C-8eeb60aa11
SB 52 Section 4 queue exemption appears unavailable because no PJM system impact study was complete for AH1-931 as of October 11, 2021.
Quoted from page 1
does not appear to be available, because no PJM system impact study had been completed for AH1-931 as of
OPSB Pre-Application Conference Summary - Tamsin Ridge Solar and Storage Project · DR-0026 · Page 1 · 2023-03-28
Source agency_determination · Claim type agency_position · Polarity presence · Confidence high · Quote check exact, 100 of 100
Filed under PE-02, PE-04
See it on page 1, claim C-8eeb60aa11
C-acf07ebdee
The facility is understood to be an electric generating plant of more than 50 megawatts needing an Ohio Power Siting Board certificate.
Quoted from page 1
We understand the facility is an electric generating plant of more than 50 megawatts that will need a certificate from the Ohio Power Siting Board.
Zoning Verification - Tamsin Ridge Solar and Storage Project · DR-0022 · Page 1 · 2023-02-14
Source agency_determination · Claim type regulatory · Polarity presence · Confidence high · Quote check exact, 100 of 100
See it on page 1, claim C-acf07ebdee
C-c4d1481145
The main power transformer is a superload needing an ODOT special hauling permit with a route survey.
Quoted from page 1
is a superload and will need an ODOT special hauling permit with a route survey.
Traffic and Access Memo - Tamsin Ridge Solar and Storage Project · DR-0020 · Page 1 · 2023-06-19
Source consultant_memo · Claim type constraint · Polarity presence · Confidence medium · Quote check exact, 100 of 100
Cited by EG-03 · Filed under EG-03, PE-02
See it on page 1, claim C-c4d1481145
C-e47c04e3b2
OPSB public informational meeting will be held after the county's 90-day period.
Quoted from page 1
Hold the OPSB public informational meeting after the county's 90-day period.
Summary of the County Public Meeting under ORC 303.61 - Tamsin Ridge · DR-0023 · Page 1 · 2023-05-12
Source developer_document · Claim type schedule · Polarity neutral · Confidence high · Quote check exact, 100 of 100
Filed under PE-01, PE-02
See it on page 1, claim C-e47c04e3b2
C-e7f77313ec
Staff will treat the battery system as part of the generating facility.
Quoted from page 1
Staff will treat the battery system as part of the generating facility.
OPSB Pre-Application Conference Summary - Tamsin Ridge Solar and Storage Project · DR-0026 · Page 1 · 2023-03-28
Source agency_determination · Claim type agency_position · Polarity neutral · Confidence medium · Quote check exact, 100 of 100
Cited by EG-04 · Filed under EG-04, PE-02
See it on page 1, claim C-e7f77313ec
C-ebc49abde3
Basins have embankments no higher than 6 feet and about 9 acre-feet each, below the size requiring an ODNR dam construction permit.
Quoted from page 1
The basins have embankments no higher than 6 feet and hold about 9 acre-feet each, below the size at which
Stormwater, Floodplain and Drainage Memo - Tamsin Ridge Solar and Storage Project · DR-0019 · Page 1 · 2023-06-05
Source consultant_memo · Claim type absence · Polarity absence · Confidence high · Quote check exact, 100 of 100
Cited by EN-08, EG-02 · Filed under EG-02, PE-02
See it on page 1, claim C-ebc49abde3

PE-03 Other

The five inputs

Present: yes
Other approvals are documented as required or expected: an SPCC plan for the substation (C-e571f3a9eb, F-SPCC), a USACE nationwide permit for the S-4 road crossing (C-441acfa155, C-8b50a6949e) and a written crossing agreement with Calder Gathering Company (C-d257ecfe8e, C-f23d5887f3). The developer states no federal land, funding or loan is involved (C-01ec477e4b), so no federal nexus is documented; that statement covers land and funding, not permits, so it does not conflict. Whether the SPCC discharge-to-navigable-waters trigger is met is not shown.
Cites C-e571f3a9eb, C-441acfa155, C-8b50a6949e, C-d257ecfe8e, C-f23d5887f3, C-01ec477e4b
Extent: peripheral
The approvals are discrete and local: a substation SPCC plan, one 40-foot ephemeral crossing under NWP 14 without pre-construction notification (C-336bf30d1a), and a gathering pipeline crossing on the Parcel 7 collection easement (C-d257ecfe8e, C-f23d5887f3). The parcel schedule also notes a gathering pipeline crossing (C-6f25b5bd2e) but gives no count. No project-wide NEPA review is indicated (C-01ec477e4b).
Cites C-336bf30d1a, C-d257ecfe8e, C-f23d5887f3, C-6f25b5bd2e, C-01ec477e4b
Avoidable: yes
SPCC plans and crossing agreements are routine, and no friction is documented for them. The NWP 14 is expected (C-441acfa155) and is within NWP 14 without pre-construction notification on the consultant's figures (C-336bf30d1a); it is not yet verified, since a preliminary jurisdictional determination is still to be requested (C-8deff0ea95). The draft layout avoids all five wetlands (C-13ca79b38e). The rating assumes routine processing.
Cites C-336bf30d1a, C-441acfa155, C-8deff0ea95, C-13ca79b38e, C-e571f3a9eb, C-d257ecfe8e
Pathway: standard
The SPCC plan, NWP 14 and the pipeline crossing agreement are standard-track approvals. No NEPA EA or EIS is indicated because no federal nexus is documented (C-01ec477e4b).
Cites C-e571f3a9eb, C-441acfa155, C-d257ecfe8e, C-01ec477e4b
Impact likely: yes
Approvals are documented as needed or expected: the substation SPCC plan for the 14,000-gallon main transformer, the NWP and the crossing agreement.
Cites C-e571f3a9eb, C-441acfa155, C-d257ecfe8e

Supporting statements (11)

Each claim the row cites: the statement in the assessor's words, then the quote the engine found on the page.

C-01ec477e4b
No federal land, funding or federal loan program is involved.
Quoted from page 1
No federal land, federal funding or federal loan program is involved.
Tamsin Ridge Solar and Storage Project - Project Description · DR-0001 · Page 1 · 2023-06-12
Source developer_document · Claim type absence · Polarity absence · Confidence high · Quote check exact, 100 of 100
See it on page 1, claim C-01ec477e4b
C-13ca79b38e
The May 8, 2023 draft layout avoids all five wetlands and keeps the ODNR buffers.
Quoted from page 3
The draft layout dated May 8, 2023 avoids all five wetlands and keeps the ODNR buffers.
Wetland and Stream Delineation Report - Tamsin Ridge Solar and Storage Project · DR-0013 · Page 3 · 2023-05-22
Source developer_document · Claim type other · Polarity neutral · Confidence high · Quote check exact, 100 of 100
Cited by AQ-01 · Filed under AQ-01, PE-02, PE-03
See it on page 3, claim C-13ca79b38e
C-336bf30d1a
The S-4 access road crossing is the only planned fill: about 40 linear feet of ephemeral channel (0.02 acre) under NWP 14.
Quoted from page 3
about 40 linear feet of ephemeral channel (0.02 acre), within NWP 14 without pre-construction notification.
Wetland and Stream Delineation Report - Tamsin Ridge Solar and Storage Project · DR-0013 · Page 3 · 2023-05-22
Source consultant_memo · Claim type extent · Polarity presence · Confidence high · Quote check exact, 100 of 100
Cited by AQ-01, EG-01 · Filed under AQ-01, EG-01, PE-03
See it on page 3, claim C-336bf30d1a
C-441acfa155
A USACE nationwide permit is expected for one access road crossing of an ephemeral stream.
Quoted from page 1
A U.S. Army Corps of Engineers nationwide permit is expected for one access road crossing of an ephemeral stream.
Tamsin Ridge Solar and Storage Project - Project Description · DR-0001 · Page 1 · 2023-06-12
Source developer_document · Claim type presence · Polarity presence · Confidence high · Quote check exact, 100 of 100
Cited by AQ-01, EC-01 · Filed under AQ-01, PE-03
See it on page 1, claim C-441acfa155
C-6f25b5bd2e
Parcel 7 has a gathering pipeline crossing.
Quoted from page 1
Recorded easement; not leased; gathering pipeline crossing
Parcel Schedule 2023-07-14 · DR-0005 · Page 1 · 2023-07-14
Source developer_document · Claim type presence · Polarity presence · Confidence high · Quote check exact, 100 of 100
Filed under EN-01
See it on page 1, claim C-6f25b5bd2e
C-8b50a6949e
Cross ephemeral stream S-4 with the East Block access road on a culvert under Nationwide Permit 14, with impacts expected below 0.1 acre.
Quoted from page 1
under Nationwide Permit 14; impacts are expected to be below 0.1 acre.
Wetland and Stream Delineation Report - Tamsin Ridge Solar and Storage Project · DR-0013 · Page 1 · 2023-05-22
Source consultant_memo · Claim type recommendation · Polarity neutral · Confidence high · Quote check exact, 100 of 100
Cited by AQ-01 · Filed under AQ-01, PE-02, PE-03
See it on page 1, claim C-8b50a6949e
C-8deff0ea95
A preliminary jurisdictional determination should be requested before the OPSB application is filed.
Quoted from page 1
Request a preliminary jurisdictional determination before the OPSB application is filed.
Wetland and Stream Delineation Report - Tamsin Ridge Solar and Storage Project · DR-0013 · Page 1 · 2023-05-22
Source consultant_memo · Claim type recommendation · Polarity neutral · Confidence high · Quote check exact, 100 of 100
Cited by AQ-01 · Filed under AQ-01, PE-03
See it on page 1, claim C-8deff0ea95
C-d257ecfe8e
The easement crosses the Calder Gathering Company natural gas gathering line, requiring the grantee to obtain a written crossing agreement and keep required clearance.
Quoted from page 1
Grantee will obtain that company's written crossing agreement and keep the clearance it requires.
Underground Collection Line Easement Agreement - Parcel 7 · DR-0003 · Page 1 · 2022-11-03
Source public_record · Claim type constraint · Polarity presence · Confidence medium · Quote check exact, 100 of 100
Cited by EN-01, PE-05 · Filed under EN-01, PE-03, PE-05
See it on page 1, claim C-d257ecfe8e
C-e571f3a9eb
Main power transformer holds about 14,000 gallons of mineral oil, so the substation needs an SPCC plan under 40 CFR Part 112.
Quoted from page 2
The main power transformer holds about 14,000 gallons of mineral oil, so the substation needs a Spill
Stormwater, Floodplain and Drainage Memo - Tamsin Ridge Solar and Storage Project · DR-0019 · Page 2 · 2023-06-05
Source consultant_memo · Claim type regulatory · Polarity presence · Confidence high · Quote check exact, 100 of 100
Cited by EN-04 · Filed under EN-04, PE-03
See it on page 2, claim C-e571f3a9eb
C-f23d5887f3
The centerline crosses the Calder Gathering Company gathering line at about station 9+40 and a farm lane at station 14+05.
Quoted from page 2
The centerline crosses the Calder Gathering Company gathering line at about station 9+40 and a farm lane at
Underground Collection Line Easement Agreement - Parcel 7 · DR-0003 · Page 2 · 2022-11-03
Source public_record · Claim type extent · Polarity presence · Confidence medium · Quote check exact, 100 of 100
Filed under EN-01, PE-03, PE-05
See it on page 2, claim C-f23d5887f3
C-f5449d6a0d
If a Corps permit with pre-construction notification is needed, the Corps will consult the SHPO and tribes under Section 106; no tribal consultation has taken place yet.
Quoted from page 3
no tribal consultation has taken place yet.
Cultural Resources Literature Review and Phase I Archaeological Survey - Tamsin Ridge · DR-0008 · Page 3 · 2023-06-30
Source consultant_memo · Claim type regulatory · Polarity neutral · Confidence high · Quote check exact, 100 of 100
Cited by CU-01 · Filed under CU-01, PE-03
See it on page 3, claim C-f5449d6a0d

3Permits and requirements

The requirements tied to the rows of this report, by level. Each quote from dated law is shown with its source, the version in force on the cut-off and the basis for it.

Federal (3)

NPDES Construction Stormwater General Permit coverage and SWPPP
F-CWA402 · State NPDES permitting authority (EPA where not delegated)
Applicability
Required
Instrument
Clean Water Act Section 402 (33 U.S.C. 1342); 40 CFR 122.26
Trigger
Construction disturbing one acre or more, or part of a larger common plan of development.
Description
Coverage under the construction stormwater general permit with a Stormwater Pollution Prevention Plan for land disturbance of one acre or more.
Typical timeline
Typical: 2 to 4 weeks for general-permit coverage after a complete registration or notice of intent, plus 1 to 3 months to prepare the stormwater pollution prevention plan and any state or local erosion-control plan before land disturbance (basis: practice, not stated in the sources).
Version of the law on the cut-off
with the 2023 rule's statement of state NPDES programs
Verification
PACK_PENDING_QUALIFIED_REVIEW
Source
pack:federal
Legal basis: 3 quotes from dated law
Quoted from the law, page 1
Section 402 of the Clean Water Act authorizes EPA to issue permits under procedures established to implement the National Pollutant Discharge Elimination System (NPDES) program. The administration of this program can be, and in most cases has been, delegated to individual states.
Source 33CFR320 · page 1 · version 2023-08-01
Cited for requirement and authority (EPA, delegated to states)
In force from 2022-03-21 to 2025-07-02
eCFR versioner: 33 CFR part 320, same text on 2022-05-20, 2022-09-12, 2023-04-22, 2023-08-01 and on every amendment date between them; amendment dates 2016-12-15, 2022-03-07, 2022-03-21, 2025-07-03
May be cited on the cut-off date.
Quoted from the law, page 6
Currently 47 States and one territory have authority to administer all or portions of the section 402 NPDES program for ‘‘waters of the United States.’’
Source 88FR3004 · page 6 · version 2023-01-18
Cited for authority: state NPDES programs
May be cited on the cut-off date.
Quoted from the law, page 6
For example, the Clean Water Act section 402 permit program regulates discharges of pollutants from ‘‘point sources’’ to ‘‘navigable waters’’ whether the pollutants reach jurisdictional waters directly or indirectly.
Source 88FR3004 · page 6 · version 2023-01-18
Cited for trigger: discharges of pollutants from point sources
May be cited on the cut-off date.
NEPA review (categorical exclusion, environmental assessment or EIS)
F-NEPA · Lead federal agency
Applicability
Conditional
Instrument
National Environmental Policy Act (42 U.S.C. 4321 et seq.); 40 CFR Parts 1500-1508 as of the cut-off
Trigger
Federal nexus.
Description
Environmental review of major federal actions, such as federal land use, funding, loans or individual federal permits.
Typical timeline
Environmental assessment: one year, measured from the agency decision to prepare it; environmental impact statement: 2 years, unless a senior agency official of the lead agency approves a longer period in writing (40 CFR 1501.10(b)). Typical: 1 to 3 months for a categorical exclusion (basis: practice, not stated in the sources).
Version of the law on the cut-off
CEQ regulations as amended effective 2022-05-20
As of the cut-off
As of the cut-off: CEQ's revised NEPA regulations (40 CFR Parts 1500-1508; 85 FR 43374) apply to NEPA processes begun after this date. (2020-09-14) CEQ published amendments to those regulations (87 FR 23453), effective 2022-05-20. (2022-04-20) Fiscal Responsibility Act amended NEPA. (2023-06-03)
Verification
PACK_PENDING_QUALIFIED_REVIEW
Source
pack:federal
In the permit matrix
F-NEPA
Legal basis: 3 quotes from dated law
Quoted from the law, page 1
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.
Source 40CFR1508 · page 1 · version 2023-08-01
Cited for trigger: major Federal action (federal permit or assistance)
In force from 2022-05-20 to 2024-06-30
eCFR versioner: 40 CFR part 1508, same text on 2023-04-22, 2023-08-01 and on every amendment date between them; amendment dates 2016-12-27, 2020-09-14, 2022-04-20, 2022-05-20, 2024-07-01, 2025-04-11
May be cited on the cut-off date.
Quoted from the law, page 1
(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
Source 40CFR1501 · page 1 · version 2023-08-01
Cited for requirement: level of review (CE, EA, EIS)
In force from 2020-09-14 to 2024-06-30
eCFR versioner: 40 CFR part 1501, same text on 2021-10-15, 2022-05-20, 2022-09-12, 2023-04-22, 2023-08-01 and on every amendment date between them; amendment dates 2016-12-27, 2020-09-14, 2024-07-01, 2025-04-11
May be cited on the cut-off date.
Quoted from the law, page 1
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.
Source 40CFR1501 · page 1 · version 2023-08-01
Cited for timeline: EA and EIS time limits
In force from 2020-09-14 to 2024-06-30
eCFR versioner: 40 CFR part 1501, same text on 2021-10-15, 2022-05-20, 2022-09-12, 2023-04-22, 2023-08-01 and on every amendment date between them; amendment dates 2016-12-27, 2020-09-14, 2024-07-01, 2025-04-11
May be cited on the cut-off date.
Spill Prevention, Control and Countermeasure (SPCC) Plan
F-SPCC · U.S. Environmental Protection Agency
Applicability
Conditional
Instrument
Oil Pollution Prevention, 40 CFR Part 112
Trigger
Substation and inverter transformers holding oil above the threshold.
Description
Required where aggregate aboveground oil storage capacity exceeds 1,320 gallons (counting containers of 55 gallons or more, including oil-filled transformers) and a discharge could reach navigable waters.
Typical timeline
For a facility that becomes operational after 10 November 2011, the Plan must be prepared and implemented before operations begin (40 CFR 112.3(a)(1)). Typical: 2 to 6 weeks to prepare the Plan once oil-filled equipment volumes are known (basis: practice, not stated in the sources).
As of the cut-off
As of the cut-off: A facility that becomes operational after this date must prepare and implement its SPCC Plan before it begins operations (40 CFR 112.3(a)(1)). (2011-11-10)
Verification
PACK_PENDING_QUALIFIED_REVIEW
Source
pack:federal
In the permit matrix
F-SPCC
Legal basis: 3 quotes from dated law
Quoted from the law, page 1
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
Source 40CFR112 · page 1 · version 2023-08-01
Cited for requirement and trigger
In force from 2021-05-25 to 2026-10-07
eCFR versioner: 40 CFR part 112, same text on 2021-10-15, 2022-05-20, 2022-09-12, 2023-04-22, 2023-08-01 and on every amendment date between them; amendment dates 2016-12-28, 2018-02-07, 2019-10-22, 2019-12-23, 2020-04-21, 2020-06-22, 2021-05-25
May be cited on the cut-off date.
Quoted from the law, page 1
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.
Source 40CFR112 · page 1 · version 2023-08-01
Cited for trigger: 1,320 gallon threshold
In force from 2021-05-25 to 2026-10-07
eCFR versioner: 40 CFR part 112, same text on 2021-10-15, 2022-05-20, 2022-09-12, 2023-04-22, 2023-08-01 and on every amendment date between them; amendment dates 2016-12-28, 2018-02-07, 2019-10-22, 2019-12-23, 2020-04-21, 2020-06-22, 2021-05-25
May be cited on the cut-off date.
Quoted from the law, page 1
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.
Source 40CFR112 · page 1 · version 2023-08-01
Cited for timeline: Plan before operations
In force from 2021-05-25 to 2026-10-07
eCFR versioner: 40 CFR part 112, same text on 2021-10-15, 2022-05-20, 2022-09-12, 2023-04-22, 2023-08-01 and on every amendment date between them; amendment dates 2016-12-28, 2018-02-07, 2019-10-22, 2019-12-23, 2020-04-21, 2020-06-22, 2021-05-25
May be cited on the cut-off date.

State (15)

Certificate of environmental compatibility and public need for a major utility facility (electric generating plant of 50 MW or more), standard certificate application
OH-OPSB · Ohio Power Siting Board (OPSB)
Applicability
Required
Instrument
ORC 4906.01, 4906.04, 4906.06, 4906.07, 4906.10 and 4906.13; OAC 4906-2, 4906-3 and 4906-4
Trigger
Construction of an electric generating plant, including a solar plant, designed for or capable of operating at 50 MW or more.
Description
An electric generating plant designed for, or capable of, 50 MW or more is a major utility facility, and no one may commence to construct one without an OPSB certificate. The generation-facility application content rules (OAC 4906-4-08) include a fire protection, safety and medical emergency plan developed with local responders. The chairman accepts the application as complete or rejects it within 60 days of receipt, and the hearing is set 60 to 90 days after receipt of a complying application. The board may not grant a certificate, as proposed or as modified, unless it makes the findings in ORC 4906.10(A). Once certificated, no public agency or political subdivision may require any approval, consent, permit or other condition for construction or operation (PE-01); state worker-protection laws and municipal rules not about location or design still apply. Whether a state fire-code or building permit still applies is not settled by the library text.
Typical timeline
Law: the chairman accepts or rejects the application within 60 days of receipt (OAC 4906-3-06(A)); the public hearing is fixed not less than 60 nor more than 90 days after receipt of a complying application (ORC 4906.07(A)); the staff report is due 15 days before the hearing and OPSB says it typically comes 60 to 90 days after the completeness letter. The library sets no overall deadline for the Board's decision. Practice estimate: about a year or more from filing to a Board decision on a contested solar case, plus the pre-application public meetings that must come first (see OH-OPSB-PUBLIC and OH-SB52).
Version of the law on the cut-off
As in force from 2023-05-15 (the library text)
As of the cut-off
As of the cut-off: The OPSB adopted revised rules in OAC Chapters 4906-1 to 4906-7 after a review begun in 2020. They add requirements for solar facilities, including setbacks for panel modules of at least 50 feet from non-participating parcel boundaries, 300 feet from non-participating residences and 150 feet from the edge of pavement of roads. They took effect 2024-05-30 and apply to applications filed on or after that date. Not in force on 2023-08-01: the OAC 4906-4 text cited here is the 2015 to 2020 text. As of 2023-04-19 the OPSB's rule-review page showed the review still pending. (2023-07-20)
Verification
PACK_PENDING_QUALIFIED_REVIEW
Source
pack:oh.json
In the permit matrix
OH-OPSB
Legal basis: 8 quotes from dated law
Quoted from the law, page 1
"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;
Source ORC 4906 Power Siting Board · page 1 · version 2023-08-01
In force from 2021-10-11 to 2025-08-13, section 4906.01
4906.01: version effective 2021-10-11; first change after it 2025-08-14 (Am. Sub. H.B. 15, 136th GA), from codes.ohio.gov version history in archive captures (confirmed_two_sources)
May be cited on the cut-off date.
Quoted from the law, page 9
No person shall commence to construct a major utility facility in this state without first having obtained a certificate for the facility.
Source ORC 4906 Power Siting Board · page 9 · version 2023-08-01
In force from 1981-11-15 to 2026-10-03, section 4906.04
4906.04: version effective 1981-11-15, still the current version when the page map was checked (2026-10-03)
May be cited on the cut-off date.
Quoted from the law, page 13
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.
Source ORC 4906 Power Siting Board · page 13 · version 2023-08-01
In force from 2012-09-10 to 2025-08-13, section 4906.07
4906.07: version effective 2012-09-10; first change after it 2025-08-14 (Am. Sub. H.B. 15, 136th GA), from codes.ohio.gov version history in archive captures (confirmed_two_sources)
May be cited on the cut-off date.
Quoted from the law, page 16
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:
Source ORC 4906 Power Siting Board · page 16 · version 2023-08-01
In force from 2021-10-11 to 2025-08-13, section 4906.10
4906.10: version effective 2021-10-11; first change after it 2025-08-14 (Am. Sub. H.B. 15, 136th GA), from codes.ohio.gov version history in archive captures (confirmed_two_sources)
May be cited on the cut-off date.
Quoted from the law, page 20
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,
Source ORC 4906 Power Siting Board · page 20 · version 2023-08-01
In force from 2019-10-22 to 2026-10-03, section 4906.13
4906.13: version effective 2019-10-22, still the current version when the page map was checked (2026-10-03)
May be cited on the cut-off date.
Quoted from the law, page 8
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:
Source OAC 4906 3 OPSB application filing · page 8 · version 2023-08-01
In force from 2015-12-11 to 2024-05-29, section 4906-3-06
4906-3-06: version effective 2015-12-11; first change after it 2024-05-30 (OPSB Case 21-902-GE-BRO (determination 2023-07-20)), from codes.ohio.gov version history in archive captures (confirmed_two_sources)
May be cited on the cut-off date.
Quoted from the law, page 19
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.
Source OAC 4906 4 OPSB generation facility applications · page 19 · version 2023-08-01
In force from 2018-04-26 to 2024-05-29, section 4906-4-08
4906-4-08: version effective 2018-04-26; first change after it 2024-05-30 (OPSB Case 21-902-GE-BRO (determination 2023-07-20)), from codes.ohio.gov version history in archive captures (confirmed_two_sources)
May be cited on the cut-off date.
Quoted from the law, page 1
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.
Source OPSB standard application process · page 1 · version 2023-05-15
May be cited on the cut-off date.
Pre-application conference, pre-application notification letter, public informational meeting and public notices for a standard certificate application
OH-OPSB-PUBLIC · Ohio Power Siting Board (OPSB), board staff and the applicant
Applicability
Required
Instrument
OAC 4906-3-02, 4906-3-03 and 4906-3-09; ORC 4906.06(C)
Trigger
Any standard certificate application to the OPSB for a major utility facility, which must be preceded by a public informational meeting.
Description
Before filing, the applicant may request a pre-application conference with board staff. It must file a pre-application notification letter with the board at least 15 days before the public informational meeting, and hold at least one such meeting in the project area no more than 90 days before submitting the application. The meeting is advertised in a newspaper 7 to 21 days ahead and by letter to each property owner and affected tenant at least 21 days ahead; the applicant presents maps, solicits written comments and summarizes them in the application. After the application is accepted, a first written notice goes out within 15 days and a second notice is published 7 to 21 days before the public hearing. SB 52 adds a separate county public meeting 90 to 300 days before applying (see OH-SB52).
Typical timeline
Law: notification letter at least 15 days before the meeting; newspaper notice 7 to 21 days and owner and tenant letters at least 21 days before it; meeting no more than 90 days before filing; first notice within 15 days of the accepted application; second notice 7 to 21 days before the public hearing. The SB 52 county meeting must fall 90 to 300 days before filing, so the two windows differ and two meetings are the likely reading; the library does not address combining them. Practice estimate: allow roughly 2 to 4 months for the conference, notices and meeting before filing.
Version of the law on the cut-off
OPSB standard-process page as archived 2023-05-15; county meeting cited from ORC 303.61
As of the cut-off
As of the cut-off: The OPSB's adopted rule revisions require two public informational meetings for each standard certificate application: the first describes the scope of the project and the second, held at least 90 days before filing, covers the application specifics. They took effect 2024-05-30 for applications filed on or after that date. Not in force on 2023-08-01: OAC 4906-3-03 as cited here requires one meeting. (2023-07-20)
Verification
PACK_PENDING_QUALIFIED_REVIEW
Source
pack:oh.json
In the permit matrix
OH-OPSB-PUBLIC
Legal basis: 8 quotes from dated law
Quoted from the law, page 2
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.
Source OAC 4906 3 OPSB application filing · page 2 · version 2023-08-01
In force from 2015-12-11 to 2024-05-29, section 4906-3-02
4906-3-02: version effective 2015-12-11; first change after it 2024-05-30 (OPSB five-year review, Case 21-902-GE-BRO (Ohio Adm. Code Chapters 4906-1 to 4906-7); OPSB determination 2023-07-20), from codes.ohio.gov version history in archive captures (confirmed_two_sources)
May be cited on the cut-off date.
Quoted from the law, page 3
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.
Source OAC 4906 3 OPSB application filing · page 3 · version 2023-08-01
In force from 2015-12-11 to 2024-05-29, section 4906-3-03
4906-3-03: version effective 2015-12-11; first change after it 2024-05-30 (OPSB Case 21-902-GE-BRO (determination 2023-07-20)), from codes.ohio.gov version history in archive captures (confirmed_two_sources)
May be cited on the cut-off date.
Quoted from the law, page 3
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.
Source OAC 4906 3 OPSB application filing · page 3 · version 2023-08-01
In force from 2015-12-11 to 2024-05-29, section 4906-3-03
4906-3-03: version effective 2015-12-11; first change after it 2024-05-30 (OPSB Case 21-902-GE-BRO (determination 2023-07-20)), from codes.ohio.gov version history in archive captures (confirmed_two_sources)
May be cited on the cut-off date.
Quoted from the law, page 1
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.
Source OPSB standard application process · page 1 · version 2023-05-15
May be cited on the cut-off date.
Quoted from the law, page 5
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.
Source OAC 4906 3 OPSB application filing · page 5 · version 2023-08-01
In force from 2015-12-11 to 2024-05-29, section 4906-3-03
4906-3-03: version effective 2015-12-11; first change after it 2024-05-30 (OPSB Case 21-902-GE-BRO (determination 2023-07-20)), from codes.ohio.gov version history in archive captures (confirmed_two_sources)
May be cited on the cut-off date.
Quoted from the law, page 13
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:
Source OAC 4906 3 OPSB application filing · page 13 · version 2023-08-01
In force from 2015-12-11 to 2024-05-29, section 4906-3-09
4906-3-09: version effective 2015-12-11; first change after it 2024-05-30 (OPSB Case 21-902-GE-BRO (determination 2023-07-20)), from codes.ohio.gov version history in archive captures (confirmed_two_sources)
May be cited on the cut-off date.
Quoted from the law, page 14
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.
Source OAC 4906 3 OPSB application filing · page 14 · version 2023-08-01
In force from 2015-12-11 to 2024-05-29, section 4906-3-09
4906-3-09: version effective 2015-12-11; first change after it 2024-05-30 (OPSB Case 21-902-GE-BRO (determination 2023-07-20)), from codes.ohio.gov version history in archive captures (confirmed_two_sources)
May be cited on the cut-off date.
Quoted from the law, page 9
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.
Source ORC 303.57 to 303.62 county restricted areas · page 9 · version 2023-08-01
In force from 2021-10-11 to 2026-10-03, section 303.61
303.61: version effective 2021-10-11, still the current version when the page map was checked (2026-10-03)
May be cited on the cut-off date.
SB 52 county controls on large solar facilities: restricted areas, the county public meeting and resolution, the two voting ad hoc board members, and the PJM exemption in Section 4
OH-SB52 · Board of county commissioners and boards of township trustees (county controls); Ohio Power Siting Board (OPSB)
Applicability
Required
Instrument
Senate Bill 52, 134th General Assembly (effective 2021-10-11), including its uncodified Section 4; ORC 303.57 to 303.62, 4906.02, 4906.021 to 4906.025, 4906.101 to 4906.103, 4906.30 and 4906.31
Trigger
An application for a certificate for a large solar facility that is not exempt under Section 4 of SB 52.
Description
A board of county commissioners may designate all or part of the unincorporated county as a restricted area where large solar facilities are prohibited. The resolution takes effect 30 days after adoption unless a referendum petition is filed, and no one may file an application for a prohibited facility there. Otherwise the developer must hold a public meeting in each county 90 to 300 days before applying; within 90 days the commissioners may prohibit the facility or limit its boundaries. The board includes two voting ad hoc members for the township trustees and county commissioners. Section 4 exempts a large solar facility in the PJM new services queue if, as of the act's effective date, its application had been found to comply with the application requirements and accepted by the board, and the applicant had a completed PJM system impact study and had paid the facilities study fee. Whether the county has designated a restricted area, and whether the exemption is met, are facts to confirm with the county and PJM records.
Typical timeline
Law: the county meeting is held 90 to 300 days before the application, and the commissioners may act within 90 days of it, so a filing cannot sensibly come sooner than about 90 days after the meeting (a reading of the two periods). A restricted-area resolution takes effect 30 days after adoption unless a referendum petition is filed.
Version of the law on the cut-off
SB 52 as enacted (statute text only)
As of the cut-off
As of the cut-off: SB 52 took effect. This is the 'effective date' that Section 4 uses for the PJM test (completed system impact study and paid facilities study fee) and that Section 5 uses for ad hoc members on applications not yet accepted. (2021-10-11)
Verification
PACK_PENDING_QUALIFIED_REVIEW
Source
pack:oh.json
In the permit matrix
OH-SB52
Legal basis: 11 quotes from dated law
Quoted from the law, page 3
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.
Source ORC 303.57 to 303.62 county restricted areas · page 3 · version 2023-08-01
In force from 2021-10-11 to 2025-04-08, section 303.58
303.58: version effective 2021-10-11; first change after it 2025-04-09 (H.B. 497, 135th GA), from codes.ohio.gov version history in archive captures (confirmed_two_sources)
May be cited on the cut-off date.
Quoted from the law, page 6
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.
Source SB 52 LSC Final Analysis · page 6 · version 2021-10-11
May be cited on the cut-off date.
Quoted from the law, page 7
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.
Source SB 52 LSC Final Analysis · page 7 · version 2021-10-11
May be cited on the cut-off date.
Quoted from the law, page 9
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.
Source ORC 303.57 to 303.62 county restricted areas · page 9 · version 2023-08-01
In force from 2021-10-11 to 2026-10-03, section 303.61
303.61: version effective 2021-10-11, still the current version when the page map was checked (2026-10-03)
May be cited on the cut-off date.
Quoted from the law, page 11
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:
Source ORC 303.57 to 303.62 county restricted areas · page 11 · version 2023-08-01
In force from 2021-10-11 to 2026-10-03, section 303.62
303.62: version effective 2021-10-11, still the current version when the page map was checked (2026-10-03)
May be cited on the cut-off date.
Quoted from the law, page 11
(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.
Source ORC 303.57 to 303.62 county restricted areas · page 11 · version 2023-08-01
In force from 2021-10-11 to 2026-10-03, section 303.62
303.62: version effective 2021-10-11, still the current version when the page map was checked (2026-10-03)
May be cited on the cut-off date.
Quoted from the law, page 24
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.
Source ORC 4906 Power Siting Board · page 24 · version 2023-08-01
In force from 2021-10-11 to 2026-10-03, section 4906.021
4906.021: version effective 2021-10-11, still the current version when the page map was checked (2026-10-03)
May be cited on the cut-off date.
Quoted from the law, page 24
(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
Source ORC 4906 Power Siting Board · page 24 · version 2023-08-01
In force from 2021-10-11 to 2026-10-03, section 4906.021
4906.021: version effective 2021-10-11, still the current version when the page map was checked (2026-10-03)
May be cited on the cut-off date.
Quoted from the law, page 4
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;
Source SB 52 LSC Final Analysis · page 4 · version 2021-10-11
May be cited on the cut-off date.
Quoted from the law, page 13
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.
Source SB 52 134th GA as enrolled · page 13 · version 2021-10-11
May be cited on the cut-off date.
Quoted from the law, page 4
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;
Source SB 52 LSC Final Analysis · page 4 · version 2021-10-11
May be cited on the cut-off date.
OPSB-approved decommissioning plan (engineer-prepared, with cost estimate) and decommissioning performance bond for a large solar facility
OH-DECOM · Ohio Power Siting Board (OPSB)
Applicability
Required
Instrument
ORC 4906.21, 4906.211, 4906.212, 4906.22, 4906.221 and 4906.222 (SB 52, effective 2021-10-11); OAC 4906-4-06(F)(5)
Trigger
Commencement of construction of a large solar facility under an OPSB certificate that is subject to SB 52.
Description
SB 52 requires decommissioning for 'utility facilities', which include large solar facilities. At least 60 days before construction begins, the applicant must submit a comprehensive decommissioning plan to the OPSB for review and approval. A registered engineer prepares it, listing the responsible parties, a schedule that ends within 12 months of the facility ceasing operation, and a full cost estimate recalculated every five years. Before construction begins the applicant must also post a performance bond, with the board as obligee, equal to that estimate; it is updated every five years, increased if costs rise and never reduced. The application must also describe the decommissioning plan and any financial arrangements (OAC 4906-4-06(F)(5)). The library holds detailed decommissioning and bond rules only for wind farms, none for solar. SB 52's Section 4 says a qualifying large solar facility in the PJM new services queue is not subject to the act's provisions; read on its words that would include these decommissioning sections, which the act enacted, but the sources in force do not address the point.
Typical timeline
Law: the plan is due at least 60 days before construction begins; the bond is posted before construction begins; the cost estimate and the bond are updated every five years; the schedule must finish within 12 months of the facility ceasing operation. The library gives no review period for the OPSB's approval of the plan. Practice estimate: have the engineer's plan and the bond arrangement ready during the certificate review so the 60-day deadline does not hold up the start of construction.
Version of the law on the cut-off
SB 52 as enacted (statute text only)
As of the cut-off
As of the cut-off: SB 52 took effect and enacted ORC 4906.21 to 4906.222. ORC 4906.21(A) refers to sections 4906.21 to 4906.232; the Legislative Service Commission's final analysis says 4906.232 is a technical error for 4906.222. (2021-10-11)
Verification
PACK_PENDING_QUALIFIED_REVIEW
Source
pack:oh.json
In the permit matrix
OH-DECOM
Legal basis: 9 quotes from dated law
Quoted from the law, page 26
(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.
Source ORC 4906 Power Siting Board · page 26 · version 2023-08-01
In force from 2021-10-11 to 2026-10-03, section 4906.21
4906.21: version effective 2021-10-11, still the current version when the page map was checked (2026-10-03)
May be cited on the cut-off date.
Quoted from the law, page 2
(D) "Utility facility" means an economically significant wind farm, a large wind farm, or a large solar facility.
Source ORC 303.57 to 303.62 county restricted areas · page 2 · version 2023-08-01
In force from 2021-10-11 to 2026-10-03, section 303.57
303.57: version effective 2021-10-11, still the current version when the page map was checked (2026-10-03)
May be cited on the cut-off date.
Quoted from the law, page 42
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.
Source ORC 4906 Power Siting Board · page 42 · version 2023-08-01
In force from 2021-10-11 to 2026-10-03, section 4906.211
4906.211: version effective 2021-10-11, still the current version when the page map was checked (2026-10-03)
May be cited on the cut-off date.
Quoted from the law, page 42
(B) The plan shall contain the following: (1) A list of all parties responsible for decommissioning;
Source ORC 4906 Power Siting Board · page 42 · version 2023-08-01
In force from 2021-10-11 to 2026-10-03, section 4906.211
4906.211: version effective 2021-10-11, still the current version when the page map was checked (2026-10-03)
May be cited on the cut-off date.
Quoted from the law, page 42
(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.
Source ORC 4906 Power Siting Board · page 42 · version 2023-08-01
In force from 2021-10-11 to 2026-10-03, section 4906.211
4906.211: version effective 2021-10-11, still the current version when the page map was checked (2026-10-03)
May be cited on the cut-off date.
Quoted from the law, page 28
(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.
Source ORC 4906 Power Siting Board · page 28 · version 2023-08-01
In force from 2021-10-11 to 2026-10-03, section 4906.22
4906.22: version effective 2021-10-11, still the current version when the page map was checked (2026-10-03)
May be cited on the cut-off date.
Quoted from the law, page 14
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,
Source SB 52 LSC Final Analysis · page 14 · version 2021-10-11
May be cited on the cut-off date.
Quoted from the law, page 12
(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.
Source OAC 4906 4 OPSB generation facility applications · page 12 · version 2023-08-01
In force from 2015-12-11 to 2024-05-29, section 4906-4-06
4906-4-06: version effective 2015-12-11; first change after it 2024-05-30 (OPSB Case 21-902-GE-BRO (determination 2023-07-20); chapter 4906-4 restructured (formerly generation chapter merged with 5)), from codes.ohio.gov version history in archive captures (confirmed_two_sources)
May be cited on the cut-off date.
Quoted from the law, page 4
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:
Source SB 52 LSC Final Analysis · page 4 · version 2021-10-11
May be cited on the cut-off date.
Coverage under the construction stormwater general permit OHC000006 (Notice of Intent, SWP3 and post-construction controls)
OH-SWM · Ohio Environmental Protection Agency (Ohio EPA), Division of Surface Water
Applicability
Required
Instrument
ORC 6111.03 and 6111.04; NPDES general permit OHC000006 (effective 2023-04-23)
Trigger
Construction that disturbs one or more acres of land, or less than one acre that is part of a larger common plan of development or sale that will ultimately disturb one or more acres.
Description
ORC Chapter 6111 authorizes Ohio to take part in the national pollutant discharge elimination system; Ohio EPA covers construction stormwater through general permit OHC000006. Construction disturbing one or more acres, including smaller work in a larger common plan of development or sale, is eligible for coverage. To obtain it, the operator prepares a Stormwater Pollution Prevention Plan (SWP3) and files a Notice of Intent with the fee; coverage is not effective until Ohio EPA's approval letter is received. At two or more acres of disturbance, post-construction practices must treat the water quality volume, the runoff from a 0.90-inch rainfall. For ground-mounted PV arrays, Ohio EPA's solar guidance (2022-04) says impervious surface disconnection over vegetated pervious ground may be an effective approach, but it cannot manage that volume over gravel or other hard surfaces, where piling disrupts sheet flow, or where runoff is collected in swales, ditches or storm sewers.
Typical timeline
Notice of Intent, SWP3 and fee at least 21 days before construction starts, or 45 days in the Big Darby Creek watershed and portions of the Olentangy watershed, where the SWP3 is attached to the NOI. Coverage is not effective until Ohio EPA's approval letter is received.
Version of the law on the cut-off
General permit OHC000006, effective 2023-04-23 (the library text)
As of the cut-off
As of the cut-off: Ohio EPA's construction stormwater general permit OHC000006 took effect (it expires 2028-04-22), replacing OHC000005, which was in force from 2018-04-23 to 2023-04-22. (2023-04-23)
Verification
PACK_PENDING_QUALIFIED_REVIEW
Source
pack:oh.json
In the permit matrix
OH-SWM
Legal basis: 8 quotes from dated law
Quoted from the law, page 15
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.
Source ORC 6111 water pollution isolated wetlands 401 · page 15 · version 2023-08-01
In force from 2019-10-17 to 2026-10-03, section 6111.03
6111.03: version effective 2019-10-17, still the current version when the page map was checked (2026-10-03)
May be cited on the cut-off date.
Quoted from the law, page 3
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.
Source OEPA NPDES Construction Stormwater General Permit OHC000006 final · page 3 · version 2023-04-23
May be cited on the cut-off date.
Quoted from the law, page 7
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.
Source OEPA NPDES Construction Stormwater General Permit OHC000006 final · page 7 · version 2023-04-23
May be cited on the cut-off date.
Quoted from the law, page 1
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.
Source OEPA OHC000006 Fact Sheet final · page 1 · version 2023-04
May be cited on the cut-off date.
Quoted from the law, page 20
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
Source OEPA NPDES Construction Stormwater General Permit OHC000006 final · page 20 · version 2023-04-23
May be cited on the cut-off date.
Quoted from the law, page 21
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
Source OEPA NPDES Construction Stormwater General Permit OHC000006 final · page 21 · version 2023-04-23
May be cited on the cut-off date.
Quoted from the law, page 1
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.
Source OEPA Guidance Post Construction Stormwater Management for Solar Panel Fields · page 1 · version 2022-04
May be cited on the cut-off date.
Quoted from the law, page 2
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.
Source OEPA Guidance Post Construction Stormwater Management for Solar Panel Fields · page 2 · version 2022-04
May be cited on the cut-off date.
Section 401 water quality certification (individual, or coverage under Ohio EPA's general certification of a Corps nationwide permit)
OH-401 · Ohio Environmental Protection Agency (Ohio EPA), Division of Surface Water (401 Water Quality Certification and Isolated Wetland Permitting Section)
Applicability
Conditional
Instrument
ORC 6111.03(O) and 6111.30; OAC Chapter 3745-32; Ohio EPA general 401 certification of the 2022 nationwide permits (2021-10-13)
Trigger
A federal license or permit (for example a Corps Section 404 permit) for an activity that may result in a discharge of dredged or fill material to a water of the state.
Description
Anyone who needs a federal license or permit, such as a Corps Section 404 permit, for an activity that may discharge dredged or fill material to a water of the state must obtain a 401 certification from Ohio EPA before starting. No separate application is needed for a Corps nationwide permit that Ohio EPA has certified, if the project meets the certification's terms and conditions. Ohio EPA's certification of the 2022 nationwide permits carries conditions; for example, Category 3 wetland impacts above 0.1 acre need an individual certification, although Ohio EPA can grant coverage to a project that does not meet a condition (a director's authorization). For the 2021 nationwide permits, listed in the dated events, the Corps notice states that Ohio's certification was waived; confirm the treatment with the Corps district. An individual application must include current Corps correspondence on the jurisdictional status of the waters.
Typical timeline
Individual certification: the application is due no later than 45 days after the Corps publishes its 404 public notice, and Ohio EPA acts within 180 days of a complete application. Nationwide permit with an Ohio EPA notification: work may proceed on Ohio EPA's written clearance, or once 45 calendar days have passed from Ohio EPA's receipt of the notification without a request for more information or an individual certification.
As of the cut-off
As of the cut-off: The Corps' notice for the 16 nationwide permits that took effect on this date (NWPs 12, 21, 29, 39, 40, 42, 43, 44, 48, 50, 51, 52, 55, 56, 57 and 58, which include NWP 51 for land-based renewable energy and NWP 57 for electric utility lines) states that Ohio's Section 401 certification was waived for them. (2021-03-15) The 41 nationwide permits reissued for 2022 (including NWP 14, linear transportation projects) took effect with Ohio EPA's general Section 401 certification, issued with conditions on 2021-10-13; they expire 2026-03-14. (2022-02-25)
Verification
PACK_PENDING_QUALIFIED_REVIEW
Source
pack:oh.json
In the permit matrix
OH-401
Legal basis: 8 quotes from dated law
Quoted from the law, page 5
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.
Source OAC 3745 32 section 401 certification · page 5 · version 2023-08-01
In force from 2017-01-02 to 2024-07-19, section 3745-32-02
3745-32-02: version effective 2017-01-02; first change after it 2024-07-20 (Ohio EPA five-year review package for OAC 3745-32-01 to -04 (401 water quality certification; comment period 2023-11-03 to 2023-12-08); filing number not retrieved), from codes.ohio.gov version history in archive captures (confirmed_two_sources)
May be cited on the cut-off date.
Quoted from the law, page 6
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
Source OAC 3745 32 section 401 certification · page 6 · version 2023-08-01
In force from 2017-01-02 to 2024-07-19, section 3745-32-03
3745-32-03: version effective 2017-01-02; first change after it 2024-07-20 (Ohio EPA five-year review package for OAC 3745-32-01 to -04; filing number not retrieved), from codes.ohio.gov version history in archive captures (confirmed_two_sources)
May be cited on the cut-off date.
Quoted from the law, page 7
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.
Source OAC 3745 32 section 401 certification · page 7 · version 2023-08-01
In force from 2017-01-02 to 2024-07-19, section 3745-32-03
3745-32-03: version effective 2017-01-02; first change after it 2024-07-20 (Ohio EPA five-year review package for OAC 3745-32-01 to -04; filing number not retrieved), from codes.ohio.gov version history in archive captures (confirmed_two_sources)
May be cited on the cut-off date.
Quoted from the law, page 39
(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.
Source ORC 6111 water pollution isolated wetlands 401 · page 39 · version 2023-08-01
In force from 2021-04-12 to 2026-10-03, section 6111.30
6111.30: version effective 2021-04-12, still the current version when the page map was checked (2026-10-03)
May be cited on the cut-off date.
Quoted from the law, page 5
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.
Source OEPA 401 WQC for the 2022 Nationwide Permits 41 NWPs Ohio EPA ID 217512 · page 5 · version 2021-10-13
May be cited on the cut-off date.
Quoted from the law, page 6
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.
Source OEPA 401 WQC for the 2022 Nationwide Permits 41 NWPs Ohio EPA ID 217512 · page 6 · version 2021-10-13
May be cited on the cut-off date.
Quoted from the law, page 13
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.
Source OEPA 401 WQC for the 2022 Nationwide Permits 41 NWPs Ohio EPA ID 217512 · page 13 · version 2021-10-13
May be cited on the cut-off date.
Quoted from the law, page 4
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.
Source Huntington District PN Nationwide Permits for Ohio 16 NWPs regional conditions · page 4 · version 2021-03-15
May be cited on the cut-off date.
State isolated wetland permit for filling an isolated wetland (Level 1 general permit, or Level 2 or Level 3 individual permit)
OH-IWP · Ohio Environmental Protection Agency (Ohio EPA), Division of Surface Water
Applicability
Conditional
Instrument
ORC 6111.02 to 6111.028; OAC 3745-1-50 to 3745-1-54; Ohio EPA Level 1 isolated wetland general permit (effective 2022-07-21)
Trigger
Filling an isolated wetland, meaning a wetland that is not subject to regulation under the federal Water Pollution Control Act.
Description
No one may fill an isolated wetland, meaning a wetland not subject to regulation under the federal Water Pollution Control Act, without an Ohio EPA isolated wetland permit. Review depends on wetland category and acreage. Level 1, a general permit: Category 1 or 2, one-half acre or less. Level 2, an individual permit: Category 1 over one-half acre, or Category 2 over one-half acre up to three acres. Level 3, an individual permit: Category 2 over three acres, or any Category 3. Ohio EPA lists review periods of 30, 90 and 180 days, public notice for Levels 2 and 3, and a mandatory hearing for Category 3. A Level 1 notice needs an ORAM 5.0 form for each wetland and a Corps determination that the wetlands are not waters of the United States; a preliminary jurisdictional determination treats all wetlands as federal.
Typical timeline
Ohio EPA review periods: 30 days for a Level 1 general permit, 90 days for a Level 2 individual permit and 180 days for a Level 3 individual permit, as listed on Ohio EPA's program page.
Version of the law on the cut-off
As in force from 2023-05-17 (the library text)
As of the cut-off
As of the cut-off: Ohio EPA's Level 1 isolated wetland general permit (Category 1 and 2 wetlands, one-half acre or less) took effect and runs to 2027-07-21; it was in force on the cut-off. (2022-07-21) Sackett v. EPA held that the Clean Water Act reaches an adjacent wetland only if it has a continuous surface connection to a relatively permanent water of the United States, so more wetlands can fall outside federal jurisdiction and count as isolated under ORC 6111.02. By 2023-07-20 the federal agencies' implementation page said they would interpret waters of the United States consistent with the decision. (2023-05-25)
Verification
PACK_PENDING_QUALIFIED_REVIEW
Source
pack:oh.json
In the permit matrix
OH-IWP
Legal basis: 8 quotes from dated law
Quoted from the law, page 21
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.
Source ORC 6111 water pollution isolated wetlands 401 · page 21 · version 2023-08-01
In force from 2001-07-17 to 2026-10-03, section 6111.021
6111.021: version effective 2001-07-17, still the current version when the page map was checked (2026-10-03)
May be cited on the cut-off date.
Quoted from the law, page 2
(F) "Isolated wetland" means a wetland that is not subject to regulation under the Federal Water Pollution Control Act.
Source ORC 6111 water pollution isolated wetlands 401 · page 2 · version 2023-08-01
In force from 2015-09-29 to 2026-10-03, section 6111.02
6111.02: version effective 2015-09-29, still the current version when the page map was checked (2026-10-03)
May be cited on the cut-off date.
Quoted from the law, page 2
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.
Source OEPA Level 1 Isolated Wetland General Permit 228038 · page 2 · version 2022-07-21
May be cited on the cut-off date.
Quoted from the law, page 22
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.
Source ORC 6111 water pollution isolated wetlands 401 · page 22 · version 2023-08-01
In force from 2012-09-05 to 2026-10-03, section 6111.022
6111.022: version effective 2012-09-05, still the current version when the page map was checked (2026-10-03)
May be cited on the cut-off date.
Quoted from the law, page 24
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.
Source ORC 6111 water pollution isolated wetlands 401 · page 24 · version 2023-08-01
In force from 2012-09-05 to 2026-10-03, section 6111.023
6111.023: version effective 2012-09-05, still the current version when the page map was checked (2026-10-03)
May be cited on the cut-off date.
Quoted from the law, page 28
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.
Source ORC 6111 water pollution isolated wetlands 401 · page 28 · version 2023-08-01
In force from 2012-09-05 to 2026-10-03, section 6111.024
6111.024: version effective 2012-09-05, still the current version when the page map was checked (2026-10-03)
May be cited on the cut-off date.
Quoted from the law, page 1
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
Source OEPA 401 Water Quality Certification and Isolated Wetland Permits web page · page 1 · version 2023-05-17
May be cited on the cut-off date.
Quoted from the law, page 1
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.
Source OEPA 401 Water Quality Certification and Isolated Wetland Permits web page · page 1 · version 2023-05-17
May be cited on the cut-off date.
ODNR construction permit for a dam, including a stormwater pond embankment, above the statutory exemption thresholds
OH-DAM · Ohio Department of Natural Resources (ODNR), Division of Water Resources
Applicability
Conditional
Instrument
ORC 1521.06 and 1521.062; OAC Chapter 1501:21 (dam safety rules)
Trigger
A pond embankment, such as a stormwater basin, or other dam that is not exempt by size: ten feet or higher storing more than 15 acre-feet, or over six feet high storing more than 50 acre-feet.
Description
No dam may be built to store, conserve or retard water, or for any other purpose, without a construction permit. A permit is not required for a dam under ten feet high that stores 50 acre-feet or less, for a dam of 15 acre-feet or less, or for a dam six feet or less in height, as the chief determines; in effect, a permit is needed for a dam ten feet or higher that stores more than 15 acre-feet, or one over six feet high that stores more than 50 acre-feet. Ohio's Rainwater and Land Development manual says ponds with dams are regulated under the dam safety rules (Chapter 1501:21). The application needs engineer-prepared plans with a cost estimate, a filing fee and a bond; an engineer inspects the construction, and dams are later inspected periodically.
Typical timeline
The chief issues or denies the construction permit within 30 days of receiving the application, fee and bond or other security; dams are then inspected at intervals set by the chief that do not exceed five years.
Version of the law on the cut-off
As in force from 2023-08-01 (the library text)
Verification
PACK_PENDING_QUALIFIED_REVIEW
Source
pack:oh.json
In the permit matrix
OH-DAM
Legal basis: 8 quotes from dated law
Quoted from the law, page 1
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
Source ORC 1521.06 1521.062 dams · page 1 · version 2023-08-01
In force from 2021-09-30 to 2026-10-03, section 1521.06
1521.06: version effective 2021-09-30, still the current version when the page map was checked (2026-10-03)
May be cited on the cut-off date.
Quoted from the law, page 1
(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.
Source ORC 1521.06 1521.062 dams · page 1 · version 2023-08-01
In force from 2021-09-30 to 2026-10-03, section 1521.06
1521.06: version effective 2021-09-30, still the current version when the page map was checked (2026-10-03)
May be cited on the cut-off date.
Quoted from the law, page 1
(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;
Source ORC 1521.06 1521.062 dams · page 1 · version 2023-08-01
In force from 2021-09-30 to 2026-10-03, section 1521.06
1521.06: version effective 2021-09-30, still the current version when the page map was checked (2026-10-03)
May be cited on the cut-off date.
Quoted from the law, page 2
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.
Source ORC 1521.06 1521.062 dams · page 2 · version 2023-08-01
In force from 2021-09-30 to 2026-10-03, section 1521.06
1521.06: version effective 2021-09-30, still the current version when the page map was checked (2026-10-03)
May be cited on the cut-off date.
Quoted from the law, page 2
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
Source ORC 1521.06 1521.062 dams · page 2 · version 2023-08-01
In force from 2021-09-30 to 2026-10-03, section 1521.06
1521.06: version effective 2021-09-30, still the current version when the page map was checked (2026-10-03)
May be cited on the cut-off date.
Quoted from the law, page 3
(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.
Source ORC 1521.06 1521.062 dams · page 3 · version 2023-08-01
In force from 2021-09-30 to 2026-10-03, section 1521.06
1521.06: version effective 2021-09-30, still the current version when the page map was checked (2026-10-03)
May be cited on the cut-off date.
Quoted from the law, page 6
(C) Intervals between periodic inspections shall be determined by the chief, but shall not exceed five years.
Source ORC 1521.06 1521.062 dams · page 6 · version 2023-08-01
In force from 2019-10-17 to 2026-10-03, section 1521.062
1521.062: version effective 2019-10-17, still the current version when the page map was checked (2026-10-03)
May be cited on the cut-off date.
Quoted from the law, page 77
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,
Source Rainwater and Land Development manual chapters in force · page 77 · version 2023-08-01
May be cited on the cut-off date.
Optional qualified energy project tax exemption with annual payment in lieu of taxes, approved by the board of county commissioners or under an alternative energy zone resolution (an incentive, not a permit)
OH-PILOT · Ohio Department of Development (Director of Development certifies); board of county commissioners of each county where project property is located (approval or alternative energy zone resolution); county treasurer (service payments)
Applicability
Likely
Instrument
ORC 5727.75 (version effective 2022-07-21)
Trigger
A project of twenty megawatts or greater that applies to the Director of Development for qualified energy project certification to obtain the property tax exemption.
Description
An optional tax incentive that needs the county's approval; it is not a permit. A project that the Director of Development certifies as a qualified energy project using renewable energy resources has its tangible personal property exempt from taxation for tax years 2011 through 2025 if the statutory conditions are met. For a project of twenty megawatts or greater, a board of county commissioners in a county where project property is located must have adopted a resolution approving the application, either for the project or by declaring the county an alternative energy zone, which treats later applications as approved. The owner makes annual service payments in lieu of taxes to the county treasurer; for a solar energy project the payment is seven thousand dollars per megawatt of nameplate capacity in the county.
Typical timeline
Applications to the Director of Development are due on or before 2024-12-31 for a project using renewable energy resources (ORC 5727.75(E)(1)(a)). Construction must begin before 2025-01-01, counted from the earlier of the application for a certificate or other approval or the construction contract (ORC 5727.75(B)(1)(b)). A county board sends notice of its resolution within thirty days after receipt of the application, or a longer period if the Director authorizes (ORC 5727.75(E)(1)(b)).
Version of the law on the cut-off
ORC 5727.75 as effective 2022-07-21 (the library text)
Verification
PACK_PENDING_QUALIFIED_REVIEW
Source
pack:oh.json
In the permit matrix
OH-PILOT
Legal basis: 8 quotes from dated law
Quoted from the law, page 1
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:
Source ORC 5727.75 qualified energy projects PILOT · page 1 · version 2023-08-01
In force from 2022-07-21 to 2023-10-02, section 5727.75
5727.75: version effective 2022-07-21; first change after it 2023-10-03 (Am. Sub. H.B. 33, 135th GA (operating budget; signed 2023-07-04)), from codes.ohio.gov version history in archive captures (confirmed_two_sources)
May be cited on the cut-off date.
Quoted from the law, page 2
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
Source ORC 5727.75 qualified energy projects PILOT · page 2 · version 2023-08-01
In force from 2022-07-21 to 2023-10-02, section 5727.75
5727.75: version effective 2022-07-21; first change after it 2023-10-03 (Am. Sub. H.B. 33, 135th GA (operating budget; signed 2023-07-04)), from codes.ohio.gov version history in archive captures (confirmed_two_sources)
May be cited on the cut-off date.
Quoted from the law, page 2
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
Source ORC 5727.75 qualified energy projects PILOT · page 2 · version 2023-08-01
In force from 2022-07-21 to 2023-10-02, section 5727.75
5727.75: version effective 2022-07-21; first change after it 2023-10-03 (Am. Sub. H.B. 33, 135th GA (operating budget; signed 2023-07-04)), from codes.ohio.gov version history in archive captures (confirmed_two_sources)
May be cited on the cut-off date.
Quoted from the law, page 4
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.
Source ORC 5727.75 qualified energy projects PILOT · page 4 · version 2023-08-01
In force from 2022-07-21 to 2023-10-02, section 5727.75
5727.75: version effective 2022-07-21; first change after it 2023-10-03 (Am. Sub. H.B. 33, 135th GA (operating budget; signed 2023-07-04)), from codes.ohio.gov version history in archive captures (confirmed_two_sources)
May be cited on the cut-off date.
Quoted from the law, page 4
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.
Source ORC 5727.75 qualified energy projects PILOT · page 4 · version 2023-08-01
In force from 2022-07-21 to 2023-10-02, section 5727.75
5727.75: version effective 2022-07-21; first change after it 2023-10-03 (Am. Sub. H.B. 33, 135th GA (operating budget; signed 2023-07-04)), from codes.ohio.gov version history in archive captures (confirmed_two_sources)
May be cited on the cut-off date.
Quoted from the law, page 8
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.
Source ORC 5727.75 qualified energy projects PILOT · page 8 · version 2023-08-01
In force from 2022-07-21 to 2023-10-02, section 5727.75
5727.75: version effective 2022-07-21; first change after it 2023-10-03 (Am. Sub. H.B. 33, 135th GA (operating budget; signed 2023-07-04)), from codes.ohio.gov version history in archive captures (confirmed_two_sources)
May be cited on the cut-off date.
Quoted from the law, page 8
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;
Source ORC 5727.75 qualified energy projects PILOT · page 8 · version 2023-08-01
In force from 2022-07-21 to 2023-10-02, section 5727.75
5727.75: version effective 2022-07-21; first change after it 2023-10-03 (Am. Sub. H.B. 33, 135th GA (operating budget; signed 2023-07-04)), from codes.ohio.gov version history in archive captures (confirmed_two_sources)
May be cited on the cut-off date.
Quoted from the law, page 3
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;
Source ORC 5727.75 qualified energy projects PILOT · page 3 · version 2023-08-01
In force from 2022-07-21 to 2023-10-02, section 5727.75
5727.75: version effective 2022-07-21; first change after it 2023-10-03 (Am. Sub. H.B. 33, 135th GA (operating budget; signed 2023-07-04)), from codes.ohio.gov version history in archive captures (confirmed_two_sources)
May be cited on the cut-off date.
Special hauling permits for oversize or overweight loads, ODOT right-of-way and access permits, and county approval of obstructions in highways outside the state system
OH-ROAD · Ohio Department of Transportation (ODOT) for state highways; local authorities for hauling permits on highways under their jurisdiction; board of county commissioners (obstructions in highways outside the state system)
Applicability
Likely
Instrument
ORC 4513.34; ORC 5515.01 and 5515.02; ORC 5547.04; ODOT State Highway Access Management Manual; OAC 4906-4-06(F)
Trigger
Hauling heavy or overweight loads to the site, or placing a site entrance, culvert, utility crossing or other facility in a public highway or its right-of-way.
Description
ODOT, for the state highway system, and local authorities, for highways under their jurisdiction, issue special regional heavy hauling permits on written application; a local authority may require a mutual agreement to compensate for or repair excess roadway damage as a condition of an overweight permit. ODOT right-of-way permits cover work in state right-of-way such as field driveways, utility work, pipeline installation and soil boring; the director may permit use or occupancy of the state highway system, and a permit holder must relocate its property if the director considers it an obstruction. Outside the state system, an obstruction in a highway needs the approval of the board of county commissioners. The OPSB application must describe road and bridge impacts and repairs and list all transportation permits.
Typical timeline
ODOT's access management manual says decisions on an access request are generally provided within 30 calendar days after all necessary application information is provided and correct (State Highway Access Management Manual, section 2.3).
Version of the law on the cut-off
As in force from 2023-06-30 (the library text)
Verification
PACK_PENDING_QUALIFIED_REVIEW
Source
pack:oh.json
In the permit matrix
OH-ROAD
Legal basis: 8 quotes from dated law
Quoted from the law, page 1
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:
Source ORC 4513.34 5515 5547.04 5571.16 roads · page 1 · version 2023-08-01
In force from 2023-06-30 to 2026-10-03, section 4513.34
4513.34: version effective 2023-06-30, still the current version when the page map was checked (2026-10-03)
May be cited on the cut-off date.
Quoted from the law, page 3
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.
Source ORC 4513.34 5515 5547.04 5571.16 roads · page 3 · version 2023-08-01
In force from 2023-06-30 to 2026-10-03, section 4513.34
4513.34: version effective 2023-06-30, still the current version when the page map was checked (2026-10-03)
May be cited on the cut-off date.
Quoted from the law, page 6
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.
Source ORC 4513.34 5515 5547.04 5571.16 roads · page 6 · version 2023-08-01
In force from 2010-09-13 to 2025-06-29, section 5515.01
5515.01: version effective 2010-09-13; first change after it 2025-06-30 (H.B. 54, 136th GA (transportation budget), per input list only), from codes.ohio.gov version history in archive captures (one_source)
May be cited on the cut-off date.
Quoted from the law, page 8
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,
Source ORC 4513.34 5515 5547.04 5571.16 roads · page 8 · version 2023-08-01
In force from 2001-04-05 to 2025-06-29, section 5515.02
5515.02: version effective 2001-04-05; first change after it 2025-06-30 (H.B. 54, 136th GA (transportation budget)), from codes.ohio.gov version history in archive captures (confirmed_two_sources)
May be cited on the cut-off date.
Quoted from the law, page 1
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
Source ODOT right of way and utility permits page driveways · page 1 · version 2023-05-16
May be cited on the cut-off date.
Quoted from the law, page 1
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.
Source ODOT state highway access management manual SHAMM page · page 1 · version 2022-12-09
May be cited on the cut-off date.
Quoted from the law, page 10
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.
Source ORC 4513.34 5515 5547.04 5571.16 roads · page 10 · version 2023-08-01
In force from 1953-10-01 to 2026-10-03, section 5547.04
5547.04: version effective 1953-10-01, still the current version when the page map was checked (2026-10-03)
May be cited on the cut-off date.
Quoted from the law, page 12
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
Source OAC 4906 4 OPSB generation facility applications · page 12 · version 2023-08-01
In force from 2015-12-11 to 2024-05-29, section 4906-4-06
4906-4-06: version effective 2015-12-11; first change after it 2024-05-30 (OPSB Case 21-902-GE-BRO (determination 2023-07-20); chapter 4906-4 restructured (formerly generation chapter merged with 5)), from codes.ohio.gov version history in archive captures (confirmed_two_sources)
May be cited on the cut-off date.
Petition proceeding before the board of county commissioners (or joint board) for any alteration of a county or joint county ditch, respect for the county's maintenance easement, and field tile protection and repair under the OPSB rules
OH-DITCH · Board of county commissioners (or the joint board of county commissioners for a joint county ditch) and the county engineer; Ohio Power Siting Board (OPSB) (field tile requirements in the certificate application)
Applicability
Conditional
Instrument
ORC Chapters 6131, 6133 and 6137 (versions effective 2021-03-24); OAC 4906-4-08(E)
Trigger
The project would alter a county or joint county ditch, or build in the strip along it that maintenance crews may use.
Description
A petition for a county ditch goes to the board of county commissioners; where land in two or more counties is affected, a joint board of the counties' commissioners conducts the proceeding. For a single county ditch the county engineer has general charge of repair and maintenance. Filling, tiling, boxing, arching, relocating or otherwise changing a ditch is an improvement, which begins with a petition to the board. The permanent maintenance easement is not more than twenty-five feet from the top of the bank on an open ditch and not more than eighty feet centered on the centerline of a closed ditch. The chapters do not themselves set out a separate ditch-crossing permit, so confirm with the county engineer what a crossing needs. The OPSB application must show avoidance or minimization of damage to field tile and timely repair at the applicant's expense.
Typical timeline
After a petition is filed, the board sets a view between thirty and one hundred twenty days later and a first hearing thirty to ninety days after the view (ORC 6131.07(B)).
Verification
PACK_PENDING_QUALIFIED_REVIEW
Source
pack:oh.json
In the permit matrix
OH-DITCH
Legal basis: 8 quotes from dated law
Quoted from the law, page 1
"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;
Source ORC 6131 6133 6137 county ditches · page 1 · version 2023-08-01
In force from 2021-03-24 to 2026-10-03, section 6131.01
6131.01: version effective 2021-03-24, still the current version when the page map was checked (2026-10-03)
May be cited on the cut-off date.
Quoted from the law, page 6
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.
Source ORC 6131 6133 6137 county ditches · page 6 · version 2023-08-01
In force from 2021-03-24 to 2026-10-03, section 6131.04
6131.04: version effective 2021-03-24, still the current version when the page map was checked (2026-10-03)
May be cited on the cut-off date.
Quoted from the law, page 10
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.
Source ORC 6131 6133 6137 county ditches · page 10 · version 2023-08-01
In force from 2021-03-24 to 2026-10-03, section 6131.07
6131.07: version effective 2021-03-24, still the current version when the page map was checked (2026-10-03)
May be cited on the cut-off date.
Quoted from the law, page 79
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.
Source ORC 6131 6133 6137 county ditches · page 79 · version 2023-08-01
In force from 2021-03-24 to 2026-10-03, section 6133.02
6133.02: version effective 2021-03-24, still the current version when the page map was checked (2026-10-03)
May be cited on the cut-off date.
Quoted from the law, page 101
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.
Source ORC 6131 6133 6137 county ditches · page 101 · version 2023-08-01
In force from 2021-03-24 to 2026-10-03, section 6137.06
6137.06: version effective 2021-03-24, still the current version when the page map was checked (2026-10-03)
May be cited on the cut-off date.
Quoted from the law, page 111
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.
Source ORC 6131 6133 6137 county ditches · page 111 · version 2023-08-01
In force from 2021-03-24 to 2026-10-03, section 6137.12
6137.12: version effective 2021-03-24, still the current version when the page map was checked (2026-10-03)
May be cited on the cut-off date.
Quoted from the law, page 111
The maximum width of permanent easement for closed ditches shall not exceed eighty feet centered on the centerline of the improvement.
Source ORC 6131 6133 6137 county ditches · page 111 · version 2023-08-01
In force from 2021-03-24 to 2026-10-03, section 6137.12
6137.12: version effective 2021-03-24, still the current version when the page map was checked (2026-10-03)
May be cited on the cut-off date.
Quoted from the law, page 32
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.
Source OAC 4906 4 OPSB generation facility applications · page 32 · version 2023-08-01
In force from 2018-04-26 to 2024-05-29, section 4906-4-08
4906-4-08: version effective 2018-04-26; first change after it 2024-05-30 (OPSB Case 21-902-GE-BRO (determination 2023-07-20)), from codes.ohio.gov version history in archive captures (confirmed_two_sources)
May be cited on the cut-off date.
Ohio Fire Code construction permits for solar photovoltaic power systems and stationary storage battery systems, and the Section 608 battery requirements
OH-FIRE · Local fire code official (construction permits); State Fire Marshal (state fire code rules)
Applicability
Conditional
Instrument
ORC 3737.82; OAC 1301:7-7-01 (Ohio Fire Code rules 105.7.2 and 105.7.15, effective 2019-01-05); OAC 1301:7-7-06 (Section 608, effective 2017-12-15); ORC 4906.13
Trigger
Installing or modifying a solar photovoltaic power system, or installing a stationary storage battery system above the rule's capacity thresholds, in a jurisdiction whose fire code official issues construction permits and where the requirement reaches the facility.
Description
The Ohio Fire Code, adopted by the State Fire Marshal, lists a construction permit for solar photovoltaic power systems (rule 105.7.15) and a permit for stationary storage battery systems above 50 gallons of liquid capacity (105.7.2); Section 608 sets requirements for large battery systems used for standby, emergency or uninterruptible power. The local fire code official may, but need not, run a permit program. Whether these permits reach a facility certificated by the Power Siting Board is a legal question. ORC 4906.13 bars any public agency or political subdivision from requiring an approval or permit for such a facility, while preserving state laws protecting construction employees and municipal regulations that do not pertain to its location, design or pollution control, and the Fire Code exempts structures and premises under the Board's exclusive jurisdiction to the extent of that exclusivity. How the liquid-capacity trigger applies to lithium-ion systems is also unclear.
Typical timeline
The pack gives no timeline.
Verification
PACK_PENDING_QUALIFIED_REVIEW
Source
pack:oh.json
In the permit matrix
OH-FIRE
Legal basis: 8 quotes from dated law
Quoted from the law, page 26
105.7.2 Battery systems. A permit to install stationary storage battery systems having a liquid capacity of more than 50 gallons (189 L).
Source OAC 1301 7 7 01 05 06 Ohio Fire Code as in force · page 26 · version 2023-08-01
In force from 2019-01-05 to 2025-11-19, section 1301:7-7-01
1301:7-7-01: version effective 2019-01-05; first change after it 2025-11-20 (Ohio Fire Code 2025 revision by Ohio Dept of Commerce, Division of State Fire Marshal (rules 1301:7-7-01 to -80); filing number not retrieved), from codes.ohio.gov version history in archive captures (one_source)
May be cited on the cut-off date.
Quoted from the law, page 28
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.
Source OAC 1301 7 7 01 05 06 Ohio Fire Code as in force · page 28 · version 2023-08-01
In force from 2019-01-05 to 2025-11-19, section 1301:7-7-01
1301:7-7-01: version effective 2019-01-05; first change after it 2025-11-20 (Ohio Fire Code 2025 revision by Ohio Dept of Commerce, Division of State Fire Marshal (rules 1301:7-7-01 to -80); filing number not retrieved), from codes.ohio.gov version history in archive captures (one_source)
May be cited on the cut-off date.
Quoted from the law, page 14
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.
Source OAC 1301 7 7 01 05 06 Ohio Fire Code as in force · page 14 · version 2023-08-01
In force from 2019-01-05 to 2025-11-19, section 1301:7-7-01
1301:7-7-01: version effective 2019-01-05; first change after it 2025-11-20 (Ohio Fire Code 2025 revision by Ohio Dept of Commerce, Division of State Fire Marshal (rules 1301:7-7-01 to -80); filing number not retrieved), from codes.ohio.gov version history in archive captures (one_source)
May be cited on the cut-off date.
Quoted from the law, page 104
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
Source OAC 1301 7 7 01 05 06 Ohio Fire Code as in force · page 104 · version 2023-08-01
In force from 2017-12-15 to 2025-11-19, section 1301:7-7-06
1301:7-7-06: version effective 2017-12-15; first change after it 2025-11-20 (Ohio Fire Code 2025 revision, Division of State Fire Marshal; filing number not retrieved), from codes.ohio.gov version history in archive captures (confirmed_two_sources)
May be cited on the cut-off date.
Quoted from the law, page 2
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.
Source OAC 1301 7 7 01 05 06 Ohio Fire Code as in force · page 2 · version 2023-08-01
In force from 2019-01-05 to 2025-11-19, section 1301:7-7-01
1301:7-7-01: version effective 2019-01-05; first change after it 2025-11-20 (Ohio Fire Code 2025 revision by Ohio Dept of Commerce, Division of State Fire Marshal (rules 1301:7-7-01 to -80); filing number not retrieved), from codes.ohio.gov version history in archive captures (one_source)
May be cited on the cut-off date.
Quoted from the law, page 20
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.
Source ORC 4906 Power Siting Board · page 20 · version 2023-08-01
In force from 2019-10-22 to 2026-10-03, section 4906.13
4906.13: version effective 2019-10-22, still the current version when the page map was checked (2026-10-03)
May be cited on the cut-off date.
Quoted from the law, page 20
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
Source ORC 4906 Power Siting Board · page 20 · version 2023-08-01
In force from 2019-10-22 to 2026-10-03, section 4906.13
4906.13: version effective 2019-10-22, still the current version when the page map was checked (2026-10-03)
May be cited on the cut-off date.
Quoted from the law, page 1
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
Source ORC 3781.06 3781.061 3737.82 building fire code scope · page 1 · version 2023-08-01
In force from 1986-09-17 to 2026-10-03, section 3737.82
3737.82: version effective 1986-09-17, still the current version when the page map was checked (2026-10-03)
May be cited on the cut-off date.
Ohio Building Code plan approval for project buildings (operation and maintenance building, control houses), subject to the Code's exclusion for structures directly related to operating a Power Siting Board-regulated generating plant
OH-BLDG · Certified municipal, township or county building department with jurisdiction; Ohio Board of Building Standards (rules); Ohio Power Siting Board (OPSB) (may condition its approval on a building department review)
Applicability
Likely
Instrument
ORC 3781.06; OAC 4101:1-1-01 (Ohio Building Code, Chapter 1, effective 2018-08-01); OAC 4101:1-31-01 (Section 3111, effective 2017-11-01)
Trigger
Construction of a building or structure within the OBC's scope, including a project building that is not a structure directly related to operating a Power Siting Board-regulated generating plant.
Description
ORC 3781.06 requires buildings to be safe and sanitary and defines a building as any structure with foundations, walls, columns, girders, beams, floors and roof, or a combination of those parts. The Ohio Building Code (OBC) applies to every building or structure, with exceptions. Exception 11 excludes structures on the premises of, and directly related to the operation of, a generating plant that is a major utility facility regulated by the Power Siting Board; as a condition of the Board's approval the building department may be asked to review and inspect them but has no enforcement authority. The text does not say whether an operation and maintenance building or control house is "directly related to the operation". A building within the OBC needs construction documents approved by the building department. OBC Section 3111 requires photovoltaic panels and modules to comply with the OBC and the fire code.
Typical timeline
Failure to approve plans within thirty days after filing, or disapproval, is an adjudication order denying a license, which carries the opportunity for an adjudication hearing (OBC 107.2.1).
Version of the law on the cut-off
ORC 3781.06 as effective 2022-09-23 (the library text)
Verification
PACK_PENDING_QUALIFIED_REVIEW
Source
pack:oh.json
In the permit matrix
OH-BLDG
Legal basis: 8 quotes from dated law
Quoted from the law, page 2
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
Source ORC 3781.06 3781.061 3737.82 building fire code scope · page 2 · version 2023-08-01
In force from 2022-09-23 to 2023-10-02, section 3781.06
3781.06: version effective 2022-09-23; first change after it 2023-10-03 (Am. Sub. H.B. 33, 135th GA (operating budget; signed 2023-07-04)), from codes.ohio.gov version history in archive captures (confirmed_two_sources)
May be cited on the cut-off date.
Quoted from the law, page 3
"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.
Source ORC 3781.06 3781.061 3737.82 building fire code scope · page 3 · version 2023-08-01
In force from 2022-09-23 to 2023-10-02, section 3781.06
3781.06: version effective 2022-09-23; first change after it 2023-10-03 (Am. Sub. H.B. 33, 135th GA (operating budget; signed 2023-07-04)), from codes.ohio.gov version history in archive captures (confirmed_two_sources)
May be cited on the cut-off date.
Quoted from the law, page 1
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.
Source OAC 4101 1 OBC chapters 1 3 16 27 31 as in force · page 1 · version 2023-08-01
In force from 2018-08-01 to 2024-02-29, section 4101:1-1-01
4101:1-1-01: version effective 2018-08-01; first change after it 2024-03-01 (2024 Ohio Building Code update by Board of Building Standards (Ohio Adm. Code Chapters 4101:1-1 to 4101:1-35); filing number not retrieved), from codes.ohio.gov version history in archive captures (confirmed_two_sources)
May be cited on the cut-off date.
Quoted from the law, page 3
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.
Source OAC 4101 1 OBC chapters 1 3 16 27 31 as in force · page 3 · version 2023-08-01
In force from 2018-08-01 to 2024-02-29, section 4101:1-1-01
4101:1-1-01: version effective 2018-08-01; first change after it 2024-03-01 (2024 Ohio Building Code update by Board of Building Standards (Ohio Adm. Code Chapters 4101:1-1 to 4101:1-35); filing number not retrieved), from codes.ohio.gov version history in archive captures (confirmed_two_sources)
May be cited on the cut-off date.
Quoted from the law, page 11
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.
Source OAC 4101 1 OBC chapters 1 3 16 27 31 as in force · page 11 · version 2023-08-01
In force from 2018-08-01 to 2024-02-29, section 4101:1-1-01
4101:1-1-01: version effective 2018-08-01; first change after it 2024-03-01 (2024 Ohio Building Code update by Board of Building Standards (Ohio Adm. Code Chapters 4101:1-1 to 4101:1-35); filing number not retrieved), from codes.ohio.gov version history in archive captures (confirmed_two_sources)
May be cited on the cut-off date.
Quoted from the law, page 29
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.
Source OAC 4101 1 OBC chapters 1 3 16 27 31 as in force · page 29 · version 2023-08-01
In force from 2018-08-01 to 2024-02-29, section 4101:1-1-01
4101:1-1-01: version effective 2018-08-01; first change after it 2024-03-01 (2024 Ohio Building Code update by Board of Building Standards (Ohio Adm. Code Chapters 4101:1-1 to 4101:1-35); filing number not retrieved), from codes.ohio.gov version history in archive captures (confirmed_two_sources)
May be cited on the cut-off date.
Quoted from the law, page 30
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”
Source OAC 4101 1 OBC chapters 1 3 16 27 31 as in force · page 30 · version 2023-08-01
In force from 2018-08-01 to 2024-02-29, section 4101:1-1-01
4101:1-1-01: version effective 2018-08-01; first change after it 2024-03-01 (2024 Ohio Building Code update by Board of Building Standards (Ohio Adm. Code Chapters 4101:1-1 to 4101:1-35); filing number not retrieved), from codes.ohio.gov version history in archive captures (confirmed_two_sources)
May be cited on the cut-off date.
Quoted from the law, page 188
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.
Source OAC 4101 1 OBC chapters 1 3 16 27 31 as in force · page 188 · version 2023-08-01
In force from 2017-11-01 to 2024-02-29, section 4101:1-31-01
4101:1-31-01: version effective 2017-11-01; first change after it 2024-03-01 (2024 Ohio Building Code update, Board of Building Standards; filing number not retrieved), from codes.ohio.gov version history in archive captures (confirmed_two_sources)
May be cited on the cut-off date.
Noise information in the OPSB certificate application: construction and operating noise at the nearest property boundary, levels at sensitive receptors within one mile, a day and night background study, and mitigation including construction hours
OH-NOISE · Ohio Power Siting Board (OPSB)
Applicability
Required
Instrument
OAC 4906-4-08(A)(3) (application noise information)
Trigger
An OPSB certificate application for a generating facility of 50 MW or more, including a solar facility.
Description
The application must describe construction noise and operating noise expected at the nearest property boundary, locate noise-sensitive areas within one mile of the facility and give the operating noise level at each habitable residence, school, church and other sensitive receptor (any occupied building) by day and by night, describe equipment and procedures to mitigate noise, including limits on the time of day for construction, and include a preconstruction background noise study with day and night measurements. The rules in force set no numeric noise limit for a solar facility: the operating limit and construction hours in OAC 4906-4-09 then applied to wind farms only (rule title 'Regulations associated with wind farms').
Typical timeline
Part of the OPSB application (see OH-OPSB); the background noise study needs day and night measurements before filing.
Version of the law on the cut-off
OAC 4906-4-08(A)(3) as in force before 2024-05-30
As of the cut-off
As of the cut-off: The OPSB adopted revised rules effective 2024-05-30. OAC 4906-4-09 becomes 'Regulations associated with renewable energy generation facilities', with an operating noise limit for solar and wind (the greater of 40 dBA or the ambient L50 plus 5 dBA at non-participating sensitive receptors within one mile of the project boundary), construction hours, and minimum setbacks from solar modules (50 ft from non-participating parcel boundaries, 300 ft from non-participating residences, 150 ft from the edge of road pavement). Amendments apply only to applications filed after the rule's effective date. Not in force on 2023-08-01. (2023-07-20)
Verification
PACK_PENDING_QUALIFIED_REVIEW
Source
pack:oh.json
In the permit matrix
OH-NOISE
Legal basis: 6 quotes from dated law
Quoted from the law, page 19
(3) Noise. The applicant shall provide information on noise from the construction and operation of the facility.
Source OAC 4906 4 OPSB generation facility applications · page 19 · version 2023-08-01
In force from 2018-04-26 to 2024-05-29, section 4906-4-08
4906-4-08: version effective 2018-04-26; first change after it 2024-05-30 (OPSB Case 21-902-GE-BRO (determination 2023-07-20)), from codes.ohio.gov version history in archive captures (confirmed_two_sources)
May be cited on the cut-off date.
Quoted from the law, page 20
Describe the operational noise levels expected at the nearest property boundary.
Source OAC 4906 4 OPSB generation facility applications · page 20 · version 2023-08-01
In force from 2018-04-26 to 2024-05-29, section 4906-4-08
4906-4-08: version effective 2018-04-26; first change after it 2024-05-30 (OPSB Case 21-902-GE-BRO (determination 2023-07-20)), from codes.ohio.gov version history in archive captures (confirmed_two_sources)
May be cited on the cut-off date.
Quoted from the law, page 20
Indicate the location of any noise-sensitive areas within one mile of the facility
Source OAC 4906 4 OPSB generation facility applications · page 20 · version 2023-08-01
In force from 2018-04-26 to 2024-05-29, section 4906-4-08
4906-4-08: version effective 2018-04-26; first change after it 2024-05-30 (OPSB Case 21-902-GE-BRO (determination 2023-07-20)), from codes.ohio.gov version history in archive captures (confirmed_two_sources)
May be cited on the cut-off date.
Quoted from the law, page 20
including limits on the time of day at which construction activities may occur
Source OAC 4906 4 OPSB generation facility applications · page 20 · version 2023-08-01
In force from 2018-04-26 to 2024-05-29, section 4906-4-08
4906-4-08: version effective 2018-04-26; first change after it 2024-05-30 (OPSB Case 21-902-GE-BRO (determination 2023-07-20)), from codes.ohio.gov version history in archive captures (confirmed_two_sources)
May be cited on the cut-off date.
Quoted from the law, page 21
Submit a preconstruction background noise study of the project area
Source OAC 4906 4 OPSB generation facility applications · page 21 · version 2023-08-01
In force from 2018-04-26 to 2024-05-29, section 4906-4-08
4906-4-08: version effective 2018-04-26; first change after it 2024-05-30 (OPSB Case 21-902-GE-BRO (determination 2023-07-20)), from codes.ohio.gov version history in archive captures (confirmed_two_sources)
May be cited on the cut-off date.
Quoted from the law, page 33
Regulations associated with wind farms.
Source OAC 4906 4 OPSB generation facility applications · page 33 · version 2023-08-01
In force from 2020-12-21 to 2024-05-29, section 4906-4-09
4906-4-09: version effective 2020-12-21; first change after it 2024-05-30 (OPSB Case 21-902-GE-BRO (determination 2023-07-20); new solar requirements in 4906-4-09 per Bricker), from codes.ohio.gov version history in archive captures (confirmed_two_sources)
May be cited on the cut-off date.
Distances from generation equipment to structures and property lines in the OPSB application (no minimum setback for solar before 2024-05-30)
OH-SETBACK · Ohio Power Siting Board (OPSB)
Applicability
Required
Instrument
OAC 4906-4-08(C)(1)(b) (distance table)
Trigger
An OPSB certificate application for a generating facility of 50 MW or more, including a solar facility.
Description
No minimum setback from homes, property lines or roads applies to a solar facility under the OPSB rules in force; the statutory and rule setbacks are for wind turbines. The application must table the distance to every structure and property line within 1,500 feet of the generation equipment, and within 250 feet of a collection line, access road or other associated facility, and say whether each property is leased by the applicant. Separation from homes is therefore documented in the application and settled in the certificate, not set by a fixed distance.
Typical timeline
Part of the OPSB application (see OH-OPSB).
Version of the law on the cut-off
OAC 4906-4-08(C)(1)(b) as in force before 2024-05-30
As of the cut-off
As of the cut-off: The OPSB adopted revised rules effective 2024-05-30. OAC 4906-4-09 becomes 'Regulations associated with renewable energy generation facilities', with an operating noise limit for solar and wind (the greater of 40 dBA or the ambient L50 plus 5 dBA at non-participating sensitive receptors within one mile of the project boundary), construction hours, and minimum setbacks from solar modules (50 ft from non-participating parcel boundaries, 300 ft from non-participating residences, 150 ft from the edge of road pavement). Amendments apply only to applications filed after the rule's effective date. Not in force on 2023-08-01. (2023-07-20)
Verification
PACK_PENDING_QUALIFIED_REVIEW
Source
pack:oh.json
In the permit matrix
OH-SETBACK
Legal basis: 3 quotes from dated law
Quoted from the law, page 26
For all structures and property lines within one thousand five hundred feet of the generation equipment or wind turbine
Source OAC 4906 4 OPSB generation facility applications · page 26 · version 2023-08-01
In force from 2018-04-26 to 2024-05-29, section 4906-4-08
4906-4-08: version effective 2018-04-26; first change after it 2024-05-30 (OPSB Case 21-902-GE-BRO (determination 2023-07-20)), from codes.ohio.gov version history in archive captures (confirmed_two_sources)
May be cited on the cut-off date.
Quoted from the law, page 26
For all structures and property lines within two hundred fifty feet of a collection line
Source OAC 4906 4 OPSB generation facility applications · page 26 · version 2023-08-01
In force from 2018-04-26 to 2024-05-29, section 4906-4-08
4906-4-08: version effective 2018-04-26; first change after it 2024-05-30 (OPSB Case 21-902-GE-BRO (determination 2023-07-20)), from codes.ohio.gov version history in archive captures (confirmed_two_sources)
May be cited on the cut-off date.
Quoted from the law, page 33
Regulations associated with wind farms.
Source OAC 4906 4 OPSB generation facility applications · page 33 · version 2023-08-01
In force from 2020-12-21 to 2024-05-29, section 4906-4-09
4906-4-09: version effective 2020-12-21; first change after it 2024-05-30 (OPSB Case 21-902-GE-BRO (determination 2023-07-20); new solar requirements in 4906-4-09 per Bricker), from codes.ohio.gov version history in archive captures (confirmed_two_sources)
May be cited on the cut-off date.

Local (6)

County engineer permits for work in the county road right-of-way and for driveways
CCO-ROW · Carroll County Engineer and Board of County Commissioners (county roads)
Applicability
Likely
Instrument
County Engineer's Permit for the Use of the County Highway Right-of-Way (rev. 4/2022) and Driveway Permit for Construction within the County Right-of-Way Limits (rev. 5/2020); ORC 5547.04
Trigger
Any work within the right-of-way of a county road, or any driveway that connects to a county road.
Description
Work within a county road right-of-way needs the Permit for the Use of the County Highway Right-of-Way from the County Engineer's office, with a drawing of the work; underground lines parallel to the road run at least 30 inches deep behind the ditch line. A driveway that connects to a county road needs a permit from the Board of County Commissioners issued through the County Engineer; the form has a temporary-access option, removed when the project ends, with traffic-control measures. The Engineer's page also lists a Roadway Use and Maintenance Agreement for Power Facilities (form text not in the library). ORC 5547.04 bars erecting an obstruction within a highway other than a state highway without the approval of the board of county commissioners. ORC 4906.13(B) bars a political subdivision from requiring 'any approval, consent, permit, certificate, or other condition' for an OPSB-certificated facility, while OAC 4906-4-06(F)(4) has the applicant list all transportation permits required; the sources do not settle whether these permits bind a certificated project.
Typical timeline
No review period is stated in the sources; the County Engineer's Office must be notified two working days before work starts in the right-of-way (right-of-way permit condition 3).
As of the cut-off
As of the cut-off: ORC 4906.13 (No local jurisdiction) took effect in the version in force on 2023-08-01 (House Bill 6, 133rd General Assembly). (2019-10-22)
Verification
PACK_PENDING_QUALIFIED_REVIEW
Source
pack:oh_carroll_county.json
In the permit matrix
CCO-ROW
Legal basis: 8 quotes from dated law
Quoted from the law, page 1
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.
Source Carroll County OH Engineer Right of Way Permit rev 2022 04 · page 1 · version 2022-06-29
May be cited on the cut-off date.
Quoted from the law, page 1
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.
Source Carroll County OH Engineer Right of Way Permit rev 2022 04 · page 1 · version 2022-06-29
May be cited on the cut-off date.
Quoted from the law, page 1
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.
Source Carroll County OH Engineer Driveway Construction Permit rev 2020 05 · page 1 · version 2022-03-22
May be cited on the cut-off date.
Quoted from the law, page 2
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).
Source Carroll County OH Engineer Driveway Construction Permit rev 2020 05 · page 2 · version 2022-03-22
May be cited on the cut-off date.
Quoted from the law, page 1
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
Source Carroll County OH Engineer page · page 1 · version 2023-06-05
May be cited on the cut-off date.
Quoted from the law, page 10
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.
Source ORC 4513.34 5515 5547.04 5571.16 roads · page 10 · version 2023-08-01
In force from 1953-10-01 to 2026-10-03, section 5547.04
5547.04: version effective 1953-10-01, still the current version when the page map was checked (2026-10-03)
May be cited on the cut-off date.
Quoted from the law, page 20
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.
Source ORC 4906 Power Siting Board · page 20 · version 2023-08-01
In force from 2019-10-22 to 2026-10-03, section 4906.13
4906.13: version effective 2019-10-22, still the current version when the page map was checked (2026-10-03)
May be cited on the cut-off date.
Quoted from the law, page 12
(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.
Source OAC 4906 4 OPSB generation facility applications · page 12 · version 2023-08-01
In force from 2015-12-11 to 2024-05-29, section 4906-4-06
4906-4-06: version effective 2015-12-11; first change after it 2024-05-30 (OPSB Case 21-902-GE-BRO (determination 2023-07-20); chapter 4906-4 restructured (formerly generation chapter merged with 5)), from codes.ohio.gov version history in archive captures (confirmed_two_sources)
May be cited on the cut-off date.
County special hauling permit for oversize or overweight loads (county roads; township trustees to be contacted for township roads)
CCO-HAUL · Carroll County Engineer and Board of County Commissioners (county roads); township trustees (township roads)
Applicability
Likely
Instrument
Carroll County Special Hauling Permit (rev. 05/2020) with road bond form; ORC 4513.34
Trigger
Heavy hauling, meaning a vehicle or load above the legal size or weight, on county roads; the township trustees must also be contacted for township roads.
Description
Heavy hauling over county roads needs an approved Special Hauling Permit before any hauling starts, at no charge; the township trustees must be contacted for township roads. A bond of at least $25,000 per mile is required, with the County Commissioners listed as obligee, and a separate Shared Road Use Maintenance Agreement may be required where a road already has one. From December 1 to May 15 legal load limits on county and township roads fall 25% and heavy hauling may be permitted only when the roadway is frozen. The County Engineer prices road damage and bills it, and the bond is returned or transferred by the road's condition after hauling. ORC 4513.34 has local authorities issue special heavy hauling permits for loads above the legal size or weight. ORC 4906.13(B) bars a political subdivision from requiring 'any approval, consent, permit, certificate, or other condition' for an OPSB-certificated facility; the sources do not settle whether that reaches this permit.
Typical timeline
No review period is stated in the sources; legal load limits fall 25% from December 1 to May 15, and heavy hauling in that period may be permitted only when the roadway is frozen and the County Engineer's Office is contacted before each haul.
As of the cut-off
As of the cut-off: ORC 4906.13 (No local jurisdiction) took effect in the version in force on 2023-08-01 (House Bill 6, 133rd General Assembly). (2019-10-22)
Verification
PACK_PENDING_QUALIFIED_REVIEW
Source
pack:oh_carroll_county.json
In the permit matrix
CCO-HAUL
Legal basis: 8 quotes from dated law
Quoted from the law, page 1
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.
Source Carroll County OH Engineer Special Hauling Permit 2022 04 · page 1 · version 2022-06-29
May be cited on the cut-off date.
Quoted from the law, page 1
Township Trustee lists are available at the County Engineer’s Office. A minimum $25,000.00 per mile bond will be required.
Source Carroll County OH Engineer Special Hauling Permit 2022 04 · page 1 · version 2022-06-29
May be cited on the cut-off date.
Quoted from the law, page 1
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.
Source Carroll County OH Engineer Special Hauling Permit 2022 04 · page 1 · version 2022-06-29
May be cited on the cut-off date.
Quoted from the law, page 1
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.
Source Carroll County OH Engineer Special Hauling Permit 2022 04 · page 1 · version 2022-06-29
May be cited on the cut-off date.
Quoted from the law, page 1
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.
Source Carroll County OH Engineer Special Hauling Permit 2022 04 · page 1 · version 2022-06-29
May be cited on the cut-off date.
Quoted from the law, page 1
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.
Source Carroll County OH Engineer Special Hauling Permit 2022 04 · page 1 · version 2022-06-29
May be cited on the cut-off date.
Quoted from the law, page 1
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
Source ORC 4513.34 5515 5547.04 5571.16 roads · page 1 · version 2023-08-01
In force from 2023-06-30 to 2026-10-03, section 4513.34
4513.34: version effective 2023-06-30, still the current version when the page map was checked (2026-10-03)
May be cited on the cut-off date.
Quoted from the law, page 20
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.
Source ORC 4906 Power Siting Board · page 20 · version 2023-08-01
In force from 2019-10-22 to 2026-10-03, section 4906.13
4906.13: version effective 2019-10-22, still the current version when the page map was checked (2026-10-03)
May be cited on the cut-off date.
Culvert and bridge responsibilities on township roads (County Engineer's township road culvert policy); township driveway-culvert permits where required
CCO-CULVERT · Carroll County Engineer (bridges of ten feet or more) and township trustees (culverts on township roads)
Applicability
Likely
Instrument
Carroll County Engineer's policy on township road culverts (revised 2014-10-01); ORC 5571.16
Trigger
Building or replacing a culvert, driveway culvert or bridge, or excavating, in a township highway, or building a structure of ten feet or more on a county or township road.
Description
The County Engineer's township road culvert policy divides responsibility. A bridge is a structure of ten feet or more clear span or diameter, and the County Engineer builds and maintains all highway bridges on county and township roads. A culvert is a structure under ten feet; its road's maintenance jurisdiction builds and maintains it, so townships handle culverts on township roads, and the county may help with replacement on a formal township request, at its discretion. A township board may by resolution require a permit for a driveway culvert or an excavation in a township highway (ORC 5571.16); the library holds no township resolution. A qualified energy project of 20 MW or more must repair roads, bridges and culverts affected by construction as the county engineer determines (ORC 5727.75(F)(4)). ORC 4906.13(B) bars a political subdivision, a township included, from requiring 'any approval, consent, permit, certificate, or other condition' for an OPSB-certificated facility; the sources do not settle whether that reaches township culvert permits.
Typical timeline
No review period is stated in the policy or in ORC 5571.16.
As of the cut-off
As of the cut-off: County Engineer's township road culverts policy last revised (the policy text reads 'Policy Revised: 10/1/14'). (2014-10-01) ORC 4906.13 (No local jurisdiction) took effect in the version in force on 2023-08-01 (House Bill 6, 133rd General Assembly). (2019-10-22)
Verification
PACK_PENDING_QUALIFIED_REVIEW
Source
pack:oh_carroll_county.json
In the permit matrix
CCO-CULVERT
Legal basis: 8 quotes from dated law
Quoted from the law, page 1
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.
Source Carroll County OH Township Road Culverts Policy OCR · page 1 · version 2022-03-22
May be cited on the cut-off date.
Quoted from the law, page 1
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).
Source Carroll County OH Township Road Culverts Policy OCR · page 1 · version 2022-03-22
May be cited on the cut-off date.
Quoted from the law, page 1
Townships are responsible for construction and maintenance of all culverts on township roads less than ten foot (10’) clear span/diameter.
Source Carroll County OH Township Road Culverts Policy OCR · page 1 · version 2022-03-22
May be cited on the cut-off date.
Quoted from the law, page 1
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.
Source Carroll County OH Township Road Culverts Policy OCR · page 1 · version 2022-03-22
May be cited on the cut-off date.
Quoted from the law, page 11
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
Source ORC 4513.34 5515 5547.04 5571.16 roads · page 11 · version 2023-08-01
In force from 2016-09-28 to 2026-10-03, section 5571.16
5571.16: version effective 2016-09-28, still the current version when the page map was checked (2026-10-03)
May be cited on the cut-off date.
Quoted from the law, page 5
(F) The owner or a lessee pursuant to a sale and leaseback transaction of a qualified energy project shall do each of the following:
Source ORC 5727.75 qualified energy projects PILOT · page 5 · version 2023-08-01
In force from 2022-07-21 to 2023-10-02, section 5727.75
5727.75: version effective 2022-07-21; first change after it 2023-10-03 (Am. Sub. H.B. 33, 135th GA (operating budget; signed 2023-07-04)), from codes.ohio.gov version history in archive captures (confirmed_two_sources)
May be cited on the cut-off date.
Quoted from the law, page 5
(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.
Source ORC 5727.75 qualified energy projects PILOT · page 5 · version 2023-08-01
In force from 2022-07-21 to 2023-10-02, section 5727.75
5727.75: version effective 2022-07-21; first change after it 2023-10-03 (Am. Sub. H.B. 33, 135th GA (operating budget; signed 2023-07-04)), from codes.ohio.gov version history in archive captures (confirmed_two_sources)
May be cited on the cut-off date.
Quoted from the law, page 20
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.
Source ORC 4906 Power Siting Board · page 20 · version 2023-08-01
In force from 2019-10-22 to 2026-10-03, section 4906.13
4906.13: version effective 2019-10-22, still the current version when the page map was checked (2026-10-03)
May be cited on the cut-off date.
Subdivision approval (no-plat minor subdivision or plat) if the project divides parcels, for example a substation parcel conveyed to a utility
CCO-SUBDIV · Carroll County Regional Planning Commission
Applicability
Conditional
Instrument
Carroll County Subdivision Regulations (originally adopted 1973-02-26; revision effective 2017-08-16), enacted under ORC Chapter 711
Trigger
Dividing a parcel into lots or pieces, any one under five acres, for transfer of ownership, for example a lot split or a substation parcel conveyed to a utility.
Description
The regulations apply to dividing a parcel into lots, any one of which is under five acres; a division into parcels of more than five acres with no new street or access easement is outside them. A division of no more than five lots along an existing public street, with no new street, may be submitted for approval without a plat; staff approve or deny within seven full working days, and that approval does not relieve the applicant of Health District or County Engineer requirements. Other divisions go through the plat process, in which the Commission acts on a final plat within 30 days or it is deemed approved. Land within three miles of a city or one and one-half miles of a village that has enacted platting jurisdiction is carved out, so check municipal platting there. ORC 4906.13(B) bars a political subdivision from requiring 'any approval, consent, permit, certificate, or other condition' for an OPSB-certificated facility; the sources do not settle whether that reaches platting of land conveyed to a utility.
Typical timeline
No-plat minor subdivision: approved or denied within seven full working days after submission. Final plat: acted on within 30 days after filing, otherwise deemed approved.
As of the cut-off
As of the cut-off: Subdivision regulations originally adopted (revision page of the regulations). (1973-02-26) Regulations revised; the revision page lists approval by the County Commissioners on 2017-06-01 and by the Regional Planning Commission on 2017-08-15. (2017-07-10) Effective date handwritten on the cover, read from the page image; the OCR text garbles it as 'August iv, 20/7'. (2017-08-16) ORC 4906.13 (No local jurisdiction) took effect in the version in force on 2023-08-01 (House Bill 6, 133rd General Assembly). (2019-10-22)
Verification
PACK_PENDING_QUALIFIED_REVIEW
Source
pack:oh_carroll_county.json
In the permit matrix
CCO-SUBDIV
Legal basis: 8 quotes from dated law
Quoted from the law, page 9
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.
Source Carroll County OH Subdivision Regulations adopted 2017 08 16 OCR · page 9 · version 2022-03-22
May be cited on the cut-off date.
Quoted from the law, page 9
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.
Source Carroll County OH Subdivision Regulations adopted 2017 08 16 OCR · page 9 · version 2022-03-22
May be cited on the cut-off date.
Quoted from the law, page 9
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
Source Carroll County OH Subdivision Regulations adopted 2017 08 16 OCR · page 9 · version 2022-03-22
May be cited on the cut-off date.
Quoted from the law, page 17
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.
Source Carroll County OH Subdivision Regulations adopted 2017 08 16 OCR · page 17 · version 2022-03-22
May be cited on the cut-off date.
Quoted from the law, page 17
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.
Source Carroll County OH Subdivision Regulations adopted 2017 08 16 OCR · page 17 · version 2022-03-22
May be cited on the cut-off date.
Quoted from the law, page 62
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.
Source Carroll County OH Subdivision Regulations adopted 2017 08 16 OCR · page 62 · version 2022-03-22
May be cited on the cut-off date.
Quoted from the law, page 21
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.
Source Carroll County OH Subdivision Regulations adopted 2017 08 16 OCR · page 21 · version 2022-03-22
May be cited on the cut-off date.
Quoted from the law, page 20
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.
Source ORC 4906 Power Siting Board · page 20 · version 2023-08-01
In force from 2019-10-22 to 2026-10-03, section 4906.13
4906.13: version effective 2019-10-22, still the current version when the page map was checked (2026-10-03)
May be cited on the cut-off date.
Consistency with the county comprehensive plan (advisory)
CCO-PLAN · Carroll County Board of Commissioners and Regional Planning Commission (plan sponsors; advisory, no approval issued)
Applicability
Likely
Instrument
Carroll County 2015 Sustainable Comprehensive Plan (August 2015)
Trigger
Siting a utility-scale solar and storage facility in the county, where the plan favors protecting agricultural land, forests and open spaces.
Description
The 2015 county comprehensive plan calls itself a guide and 'not a coercive document'. Its vision is to continue to protect agricultural land, forests and open spaces, and its land-use goal is to sustain open spaces, agricultural lands and natural areas, moving development into concentrated areas. On siting, it says areas with abundant power available must be considered with other utilities and weighed against the desirability of preserving certain areas for agricultural usage, wildlife corridors and open space. When written, no township had zoning regulations. The cited passages do not address solar or battery storage, so consistency is a judgment. OPSB's application rule asks the applicant to assess compatibility with current regional plans (OAC 4906-4-08(C)(4)(d)). ORC 4906.13(B) bars a political subdivision from requiring 'any approval, consent, permit, certificate, or other condition' for an OPSB-certificated facility, so the plan is context for community relations and the OPSB record rather than a county approval.
Typical timeline
None: the plan is advisory and sets no application or review period.
As of the cut-off
As of the cut-off: ORC 4906.13 (No local jurisdiction) took effect in the version in force on 2023-08-01 (House Bill 6, 133rd General Assembly). (2019-10-22)
Verification
PACK_PENDING_QUALIFIED_REVIEW
Source
pack:oh_carroll_county.json
In the permit matrix
CCO-PLAN
Legal basis: 8 quotes from dated law
Quoted from the law, page 7
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.
Source Carroll County OH Comprehensive Plan 2015 OCR · page 7 · version 2022-03-22
May be cited on the cut-off date.
Quoted from the law, page 11
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.
Source Carroll County OH Comprehensive Plan 2015 OCR · page 11 · version 2022-03-22
May be cited on the cut-off date.
Quoted from the law, page 103
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.
Source Carroll County OH Comprehensive Plan 2015 OCR · page 103 · version 2022-03-22
May be cited on the cut-off date.
Quoted from the law, page 105
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.
Source Carroll County OH Comprehensive Plan 2015 OCR · page 105 · version 2022-03-22
May be cited on the cut-off date.
Quoted from the law, page 27
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.
Source Carroll County OH Comprehensive Plan 2015 OCR · page 27 · version 2022-03-22
May be cited on the cut-off date.
Quoted from the law, page 100
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.
Source Carroll County OH Comprehensive Plan 2015 OCR · page 100 · version 2022-03-22
May be cited on the cut-off date.
Quoted from the law, page 29
(d) Assess the compatibility of the proposed facility and the anticipated resultant regional development with current regional plans.
Source OAC 4906 4 OPSB generation facility applications · page 29 · version 2023-08-01
In force from 2018-04-26 to 2024-05-29, section 4906-4-08
4906-4-08: version effective 2018-04-26; first change after it 2024-05-30 (OPSB Case 21-902-GE-BRO (determination 2023-07-20)), from codes.ohio.gov version history in archive captures (confirmed_two_sources)
May be cited on the cut-off date.
Quoted from the law, page 20
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.
Source ORC 4906 Power Siting Board · page 20 · version 2023-08-01
In force from 2019-10-22 to 2026-10-03, section 4906.13
4906.13: version effective 2019-10-22, still the current version when the page map was checked (2026-10-03)
May be cited on the cut-off date.
Road use agreement and pre-construction video survey for Fescue Road
L-01 · Harrison Township Trustees
Applicability
Required
Instrument
Township road use agreement
Trigger
Hauling on Fescue Road or other township roads.
Description
The trustees issue no permit but want a road use agreement and a video survey. They must be contacted before hauling. Fescue Road is a 16-foot chip-and-seal road with two 90-degree turns needing temporary widening for tractor-trailers.
Typical timeline
The pack gives no timeline.
As of the cut-off
As of 2023-07-06.
Verification
DATA_ROOM_EVIDENCED
Source
model:jurisdiction
Basis
C-c099b1879f (no record in the annex), C-a8a3394ea1, C-849c3eb33d (no record in the annex), C-8172eb7213
In the permit matrix
L-01
No citation of law for this item.

4What is missing

The information requests the run raised for the rows of this report, by priority: what is missing, what follows from it, and whether it holds up the decision.

High priority (1)

IR-f2153419ed · High priority
Provide the permitting plan or schedule for the project area, or confirm none exists.
Row
PE-01 Local Zoning & Permitting
Missing evidence
Permitting plan or schedule
Consequence
Local Zoning & Permitting is rated on partial evidence without it.
Blocks the decision
No
Raised by
completeness

Medium priority (1)

IR-09b3f986d4 · Medium priority
Provide the evidence of federal land, funding or permits for the project area, or confirm none exists.
Row
PE-03 Other
Missing evidence
Evidence of federal land, funding or permits
Consequence
Other is rated on partial evidence without it.
Blocks the decision
No
Raised by
completeness

5Next steps and agencies

PE-01 Local Zoning & Permitting

Next steps

Track the commissioners' decision on the prohibition petition and confirm no restricted-area resolution is adopted.
Engage the county, township trustees and county engineer on road use agreements, bond and driveway permits.
Confirm whether the PJM exemption in SB 52 Section 4 applies.

Agencies

Carroll County
OPSB
Carroll County Engineer
Harrison Township Trustees

PE-02 State Jurisdiction

Next steps

Confirm with Carroll County that no restricted-area designation or prohibition resulted from the 90-day county period.
Hold the OPSB public informational meeting after that period and file the application in Q3 2023.
Schedule Ohio EPA NOI, ODOT hauling permit and any isolated wetland permit.

Agencies

OPSB
Ohio EPA
ODOT
ODNR
Carroll County

PE-03 Other

Next steps

Confirm SPCC applicability, including discharge-to-navigable-waters trigger, and prepare the plan.
Obtain the Calder Gathering crossing agreement and confirm clearances.
Request a preliminary jurisdictional determination, confirm NWP 14 eligibility, and confirm how OPSB process coordinates USACE and Section 106 steps.

Agencies

USEPA
USACE
Calder Gathering Company

6Basis and limits

This report is a desk review of the documents quoted above, as the engine read them for an information cut-off of 2023-08-01.

It is not a field survey and not a modelled study: this review made no site visit and ran no acoustic, hydraulic or other model. Where the record is silent, the report says what is missing; it does not fill the gap.

Every statement, figure and quote is the engine's record as written. The headings and connecting words are fixed text of this room, the same in every report.

Documents quoted (14)

OPSB Pre-Application Conference Summary - Tamsin Ridge Solar and Storage Project · DR-0026 · 2023-03-28 · pages 1, 2
Zoning Verification - Tamsin Ridge Solar and Storage Project · DR-0022 · 2023-02-14 · page 1
Traffic and Access Memo - Tamsin Ridge Solar and Storage Project · DR-0020 · 2023-06-19 · pages 1, 2
Summary of the County Public Meeting under ORC 303.61 - Tamsin Ridge · DR-0023 · 2023-05-12 · page 1
Option and Lease Summary - Tamsin Ridge Solar and Storage Project · DR-0004 · 2023-05-30 · page 2
Haul Route Review Comments - Tamsin Ridge Solar and Storage Project · DR-0029 · 2023-07-05 · page 1
Email: RE: Haul route and county road permits - Tamsin Ridge · DR-0027 · 2023-07-06 · page 1
Wetland and Stream Delineation Report - Tamsin Ridge Solar and Storage Project · DR-0013 · 2023-05-22 · pages 1, 3
Tamsin Ridge Solar and Storage Project - Project Description · DR-0001 · 2023-06-12 · page 1
ODNR Environmental Review - Tamsin Ridge Solar and Storage Project (ODNR 23-0477) · DR-0011 · 2023-05-02 · page 1
Stormwater, Floodplain and Drainage Memo - Tamsin Ridge Solar and Storage Project · DR-0019 · 2023-06-05 · pages 1, 2
Parcel Schedule 2023-07-14 · DR-0005 · 2023-07-14 · page 1
Underground Collection Line Easement Agreement - Parcel 7 · DR-0003 · 2022-11-03 · pages 1, 2
Cultural Resources Literature Review and Phase I Archaeological Survey - Tamsin Ridge · DR-0008 · 2023-06-30 · page 3

Versions and data hashes

As the engine and the exporter recorded them. Hashes are SHA-256.

Information cut-off: 2023-08-01
Engine version: 2.11.0
Prompt version: 2026-11-08.1
Rows pack: rows.json sha256 a018ecd7e4703bc1
Federal pack: federal.json sha256 8841c555ff35d20b
State pack: oh.json sha256 d4780705e1f18d09
Local pack: oh_carroll_county.json sha256 905cd3308848e7e8
Data room manifest: 0c7e80d0ad17d1e3ed4060b9702e5b1905060ae2896e9aad796a57b590005832
Audit chain: valid (19 events)
QA status: PASS_WITH_WARNINGS
Rendered at: 2026-11-10T15:42:40+00:00
Run record (annex): 66fca2c4c0bfa90df1e8efb79c0d2f426536b41f50a6a9b6869dd85e4554fd50
Legal source index: 6974703924a38a8e90717222e31e444b8e540aca9b6cec809ad4ddc5b0691ca9
Exporter: Prism/room/exporter 1.4.0

Prism desk report · engine 2.11.0 · prompts 2026-11-08.1 · information cut-off 2023-08-01

1Finding

PE-01 Local Zoning & Permitting

The assessor's comments

Worst case

PE-02 State Jurisdiction

The assessor's comments

Worst case

PE-03 Other

The assessor's comments

Worst case

2What the record shows

PE-01 Local Zoning & Permitting

The five inputs

Supporting statements (17)

PE-02 State Jurisdiction

The five inputs

Supporting statements (15)

PE-03 Other

The five inputs

Supporting statements (11)

3Permits and requirements

Federal (3)

NPDES Construction Stormwater General Permit coverage and SWPPP

NEPA review (categorical exclusion, environmental assessment or EIS)

Spill Prevention, Control and Countermeasure (SPCC) Plan

State (15)

Certificate of environmental compatibility and public need for a major utility facility (electric generating plant of 50 MW or more), standard certificate application

Pre-application conference, pre-application notification letter, public informational meeting and public notices for a standard certificate application

SB 52 county controls on large solar facilities: restricted areas, the county public meeting and resolution, the two voting ad hoc board members, and the PJM exemption in Section 4

OPSB-approved decommissioning plan (engineer-prepared, with cost estimate) and decommissioning performance bond for a large solar facility

Coverage under the construction stormwater general permit OHC000006 (Notice of Intent, SWP3 and post-construction controls)

Section 401 water quality certification (individual, or coverage under Ohio EPA's general certification of a Corps nationwide permit)

State isolated wetland permit for filling an isolated wetland (Level 1 general permit, or Level 2 or Level 3 individual permit)

ODNR construction permit for a dam, including a stormwater pond embankment, above the statutory exemption thresholds

Optional qualified energy project tax exemption with annual payment in lieu of taxes, approved by the board of county commissioners or under an alternative energy zone resolution (an incentive, not a permit)

Special hauling permits for oversize or overweight loads, ODOT right-of-way and access permits, and county approval of obstructions in highways outside the state system

Petition proceeding before the board of county commissioners (or joint board) for any alteration of a county or joint county ditch, respect for the county's maintenance easement, and field tile protection and repair under the OPSB rules

Ohio Fire Code construction permits for solar photovoltaic power systems and stationary storage battery systems, and the Section 608 battery requirements

Ohio Building Code plan approval for project buildings (operation and maintenance building, control houses), subject to the Code's exclusion for structures directly related to operating a Power Siting Board-regulated generating plant

Noise information in the OPSB certificate application: construction and operating noise at the nearest property boundary, levels at sensitive receptors within one mile, a day and night background study, and mitigation including construction hours

Distances from generation equipment to structures and property lines in the OPSB application (no minimum setback for solar before 2024-05-30)

Local (6)

County engineer permits for work in the county road right-of-way and for driveways

County special hauling permit for oversize or overweight loads (county roads; township trustees to be contacted for township roads)

Culvert and bridge responsibilities on township roads (County Engineer's township road culvert policy); township driveway-culvert permits where required

Subdivision approval (no-plat minor subdivision or plat) if the project divides parcels, for example a substation parcel conveyed to a utility

Consistency with the county comprehensive plan (advisory)

Road use agreement and pre-construction video survey for Fescue Road

4What is missing

High priority (1)

Medium priority (1)

5Next steps and agencies

PE-01 Local Zoning & Permitting

Next steps

Agencies

PE-02 State Jurisdiction

Next steps

Agencies

PE-03 Other

Next steps

Agencies

6Basis and limits

Documents quoted (14)

Versions and data hashes