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).
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.
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.
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).
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.
Critique
Verdict
upheld
Suggested direction for the rating
same
Summary
Assessment is largely supported. Minor issues: the no-restricted-area finding predates the May petition, road-permit applicability ignores the ORC 4906.13(B) uncertainty, the PJM exemption step looks moot, and the extent rationale leans on absence letters. Category 3 is reasonable.
Critic model
Luminol
Issues
Severity minor · Kind as_of_error
Pathway says no restricted area or prohibition is in force, citing counsel's search (C-0fe7f42a17) dated 2023-03-28. That predates the 2023-05-12 petition and meeting, so it does not cover the cut-off. The petition itself only implies none existed in May. Confirm with the county as of 2023-08-01.
County hauling and driveway permits are stated as flatly required. The requirement text notes ORC 4906.13(B) may bar local permits for an OPSB-certificated facility, and the sources do not settle this. The assessment should flag the uncertainty.
The next step to confirm the PJM Section 4 exemption is low value. Queue date 2021-09-24 and the April 2022 feasibility study stage suggest the exemption conditions (accepted application and completed system impact study as of 2021-10-11) are not met. State this, and add a step to confirm whether ORC 4906.13(B) preempts the road permits.
Severity minor · Kind other
The extent rationale cites the zoning-absence letters (C-8041623932, C-2a27cb9782) to support 'core'. Those show absence of requirements, not extent. Core rests only on the SB 52 county process, which is a judgment call. A county decision on the 90-day window would settle it.
Applicant must hold a public meeting in Carroll County 90 to 300 days before filing the application (ORC 303.61).
Quote check Exact · Placed normalised · The quote matches the page once line breaks, hyphenation, case and punctuation are set aside, as the engine's matcher compares text. The marked words are the page's own. · Read as native
Whitlock Ames LLP
Energy, siting and regulatory counsel | Columbus, Ohio
Ohio Power Siting Board Pre-Application Conference
Memorandum to Northfold Energy Partners, LLC. March 28, 2023.
Conference held March 21, 2023 at the OPSB offices, Columbus, with OPSB staff.
1. Jurisdiction
Staff agreed that the Tamsin Ridge Solar and Storage Project, 120 MW of solar generation with a 60 MW / 240
MWh battery system, is a major utility facility that needs a certificate of environmental compatibility and public
need from the OPSB before construction, under the standard certificate process. Staff will treat the battery
system as part of the generating facility. A case number will be assigned when the pre-application notification
letter is filed.
2. SB 52
Staff noted that Sub. S.B. 52 applies. The Section 4 exemption for projects already in PJM's new services queue
does not appear to be available, because no PJM system impact study had been completed for AH1-931 as of
October 11, 2021, the act's effective date, and no facilities study fee had been paid. Therefore: (a) Quote starts. the applicant
must hold a public meeting in Carroll County at least 90 and not more than 300 days before filing the application Quote ends.
(ORC 303.61); (b) within 90 days after that meeting the Board of County Commissioners may adopt a resolution
prohibiting the facility or limiting its boundaries (ORC 303.62); (c) two ad hoc members, one for the county
commissioners and one for the township trustees, will sit on the Board for this case; and (d) the
decommissioning plan and performance bond requirements of ORC 4906.21 to 4906.222 apply.
Staff also noted that a resolution designating restricted areas under ORC 303.58 would bar an application for a
facility within them. Counsel's search found no such resolution for Harrison Township on the date of the
conference.
3. Application content highlighted by staff
• A preconstruction background noise study with day and night data, and predicted operating noise at every
residence within one mile.
• A table of distances from equipment to every structure and property line within 1,500 feet, with the lease status
of each property.
• Ecological surveys coordinated with ODNR and the U.S. Fish and Wildlife Service, wetland delineation before
filing, and the ODNR buffers for Category 3 wetlands.
• Cultural resources surveys to SHPO standards, submitted to the SHPO.
• A fire protection, safety and medical emergency plan prepared with local responders, including the battery
system.
• Mapping of agricultural district land and a drain tile repair plan.
• A geotechnical report addressing the abandoned underground mine in the East Block.
Whitlock Ames LLP - privileged Page 1 of 2
The outline marks where the quote begins 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
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.
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.
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)
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.
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;
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.
The requirements the assessor tied to this row, by level. Each quote from dated law is shown with its source.
State
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)
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.
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)
"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:
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.
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.
Local
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)
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.
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.
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)
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
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.
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
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)
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)
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.