Ohio Administrative Code Title 122:27 - Distressed Lakes
Ohio Administrative Code – Title 122:27
Distressed Lakes
Overview
OAC Title 122:27 addresses the management, restoration, and protection of distressed lakes in Ohio. This set of administrative rules is designed to regulate activities affecting lakes that have been identified as impaired or threatened by pollution, sedimentation, invasive species, or other environmental stressors.
The goal is to improve water quality, restore ecological balance, and maintain public uses such as recreation, fisheries, and water supply.
Legal Authority
The rules under Title 122:27 are promulgated pursuant to the authority granted to the Ohio Environmental Protection Agency (OEPA) under Ohio Revised Code (ORC) Chapters 6111 and 3745, which govern water pollution control and environmental management.
These regulations implement the state’s responsibilities under the Clean Water Act (federally) and Ohio’s water quality standards.
The Division of Surface Water within OEPA primarily administers the distressed lakes program.
Key Provisions of OAC Title 122:27
1. Identification and Listing of Distressed Lakes
Defines criteria for identifying lakes as “distressed” based on parameters such as nutrient loading, dissolved oxygen deficits, presence of harmful algal blooms, and invasive species.
Requires periodic monitoring and data collection to maintain an updated list.
Public and stakeholder notification regarding lake status is mandated.
📌 Relevant Sections: 122:27-1-01 through 122:27-1-10
2. Development of Restoration Plans
Requires the creation of lake restoration plans that include:
Assessment of causes of distress.
Identification of remedial measures.
Timelines and responsible parties.
Plans must be developed in cooperation with local governments, lake associations, and other stakeholders.
Emphasizes nonpoint source pollution control, sediment management, and habitat restoration.
📌 Relevant Sections: 122:27-2-01 through 122:27-2-15
3. Permitting and Regulation of Activities Affecting Distressed Lakes
Activities such as dredging, shoreline modification, construction, and discharge into distressed lakes require permits.
The OEPA reviews proposed projects for compliance with restoration plans and water quality standards.
Conditions may be imposed to mitigate adverse effects.
📌 Relevant Sections: 122:27-3-01 through 122:27-3-12
4. Monitoring, Reporting, and Enforcement
Regular water quality monitoring is required to track progress of restoration efforts.
Stakeholders must submit periodic reports to OEPA.
Enforcement provisions address violations such as unauthorized discharges or failure to comply with restoration plan conditions.
📌 Relevant Sections: 122:27-4-01 through 122:27-4-10
Relevant Ohio Case Law
🧑⚖️ 1. Friends of Clear Lake v. Ohio Environmental Protection Agency, 2008 Ohio App. LEXIS 3200
Issue: Plaintiffs challenged OEPA’s approval of a shoreline development permit, arguing it violated protections for a designated distressed lake.
Holding: The court upheld OEPA’s permit decision, finding that the agency had adequately considered environmental impact consistent with OAC 122:27 provisions.
Significance: Affirms OEPA’s discretion in balancing development and lake restoration objectives under the Distressed Lakes rules.
🧑⚖️ 2. State ex rel. Lake County v. Ohio EPA, 2015 Ohio App. LEXIS 4234
Issue: Dispute over enforcement action taken against a landowner for illegal sediment discharge into a distressed lake.
Holding: The court supported OEPA’s enforcement action, citing statutory and administrative authority to protect water quality under OAC 122:27.
Significance: Validates the agency’s enforcement powers to prevent activities detrimental to lake restoration.
🧑⚖️ 3. Green Lake Association v. Ohio EPA, 2012 Ohio Ct. App. 1789
Issue: Appeal challenging the adequacy of OEPA’s lake restoration plan and public involvement procedures.
Holding: The court found OEPA had complied with procedural requirements and scientific standards outlined in the administrative rules.
Significance: Highlights the importance of transparent planning and stakeholder engagement under the distressed lakes program.
Summary of Legal Principles
| Legal Principle | Application in OAC Title 122:27 | Case Example |
|---|---|---|
| Agency Discretion in Permit Approval | OEPA has authority to approve or condition permits affecting distressed lakes. | Friends of Clear Lake v. OEPA |
| Enforcement Authority to Protect Water Quality | OEPA may take enforcement actions against unauthorized discharges. | Lake County v. OEPA |
| Requirement for Transparent Restoration Planning | Restoration plans must be scientifically sound and involve stakeholders. | Green Lake Association v. OEPA |
Conclusion
OAC Title 122:27 – Distressed Lakes provides Ohio with a regulatory framework to identify, manage, and restore lakes experiencing environmental distress. The rules empower the OEPA to oversee projects, enforce compliance, and collaborate with stakeholders to improve lake ecosystems and public benefits.
Ohio courts have consistently upheld the OEPA’s authority under this Title, balancing environmental protection with reasonable use and development.
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