Ohio Administrative Code Title 1501:18 - Division of Endangered Species
Ohio Administrative Code — Title 1501:18
Division of Endangered Species
🔍 Overview
Title 1501:18 of the Ohio Administrative Code governs the Division of Endangered Species within the Ohio Department of Natural Resources (ODNR). This division is responsible for identifying, protecting, managing, and recovering endangered and threatened species of plants and animals in Ohio.
These rules are authorized under Ohio Revised Code (ORC) Chapter 1531, which empowers ODNR to conserve wildlife and regulate activities that affect rare species.
🎯 Purpose and Authority
The primary goals of Title 1501:18 are:
To identify endangered, threatened, and extirpated species.
To regulate activities that may harm, harass, or kill protected species.
To conserve habitats essential for the survival and recovery of listed species.
To create programs for education, recovery, and management of imperiled wildlife.
To coordinate with federal agencies, such as the U.S. Fish and Wildlife Service, in administering species protections.
📘 Key Rules and Provisions of OAC 1501:18
1. 1501:18-1-01 — Definitions
Defines critical terms such as:
Endangered species: Native species at immediate risk of extinction in Ohio.
Threatened species: Likely to become endangered in the foreseeable future.
Species of concern: Uncommon or declining species warranting monitoring.
Habitat: The physical environment necessary for breeding, feeding, or shelter.
2. 1501:18-1-02 — Listing of Endangered and Threatened Species
Provides the official list of protected species in Ohio.
Lists are reviewed periodically based on biological data and scientific input.
The listing process may consider:
Population size and trends
Range and distribution
Habitat loss or degradation
Threats from invasive species or human activity
Listing decisions are subject to public notice and comment procedures.
3. 1501:18-1-03 — Prohibited Activities
It is unlawful to:
Take, possess, transport, sell, or trade any listed endangered or threatened species without a permit.
Destroy or degrade habitat critical to listed species.
Permits may be granted for:
Scientific research
Education
Captive breeding or recovery efforts
4. 1501:18-1-04 — Habitat Protection and Management
ODNR may designate and manage State Nature Preserves or Wildlife Areas as protected habitats.
Habitat conservation plans (HCPs) may be developed with private or public landowners.
Habitat improvement measures may include:
Invasive species control
Restoration of wetlands, forests, or prairies
Installation of nesting structures
5. 1501:18-1-05 — Permit Procedures
Details the application process for permits involving endangered species.
Requires:
Project description
Species affected
Mitigation measures
Alternatives considered
ODNR evaluates whether the permitted activity would cause significant harm or interfere with recovery goals.
6. 1501:18-1-06 — Enforcement and Penalties
Violations may result in:
Administrative fines
Criminal prosecution (misdemeanors or higher depending on severity)
Revocation of permits
ODNR may conduct investigations and coordinate with law enforcement.
⚖️ Relevant Ohio Case Law
While direct litigation under OAC 1501:18 is not frequent, Ohio courts have addressed related issues involving wildlife conservation, environmental permits, and endangered species conflicts. Here are notable examples:
1. State ex rel. Ohio Div. of Wildlife v. Clifton, Ohio Ct. App. (2008)
Issue: Defendant was cited for unlawfully possessing an endangered timber rattlesnake without a valid permit.
Holding: The court upheld the conviction, finding that knowledge of species status was irrelevant to the statutory offense.
Significance:
Reinforced strict liability for possession of protected species.
Clarified that ignorance of a species’ listing does not excuse unlawful possession.
2. Friends of Big Darby Creek v. ODNR, Ohio Ct. App. (2011)
Issue: Environmental groups challenged ODNR’s issuance of a development permit that would impact the habitat of a state-listed mussel species.
Holding: The court required ODNR to perform additional habitat analysis before proceeding.
Significance:
Emphasized ODNR’s duty to evaluate indirect impacts on listed species and habitats.
Established precedent for judicial review of agency action affecting endangered species.
3. In re Application of American Transmission Systems, PUCO / Ohio Supreme Court (2016)
Issue: Dispute over utility project routing through potential habitat of an endangered bat species.
Holding: The court allowed the project but required mitigation and seasonal work restrictions to protect bat roosting areas.
Significance:
Highlighted importance of balancing development with species protection.
Supported conditional permitting based on species-specific requirements.
4. ODNR v. Myers, Ohio Ct. App. (2020)
Issue: Landowner challenged ODNR’s restriction on land use due to nesting habitat of endangered birds.
Holding: Court upheld ODNR’s authority under administrative rules to limit harmful land uses.
Significance:
Affirmed ODNR’s regulatory power over private land in cases of critical habitat.
Recognized the public interest in species conservation as a legitimate state interest.
🧾 Summary Table
| Topic | Key Points |
|---|---|
| Species Listing | Based on scientific data; includes endangered, threatened, and concern categories. |
| Prohibited Acts | No take, possession, or disturbance without a permit. |
| Permitting | Issued for research, education, or conservation with conditions to avoid significant harm. |
| Habitat Management | ODNR can manage land and collaborate with landowners to protect key habitats. |
| Enforcement | Civil and criminal penalties apply; ODNR has investigation and enforcement authority. |
| Case Law Themes | Courts support strict compliance, agency discretion, and conservation priorities. |
🧠 Conclusion
Ohio Administrative Code Title 1501:18 is a vital part of the state’s conservation efforts, providing structured rules for the identification, protection, and recovery of Ohio’s endangered and threatened species. The Division of Endangered Species under ODNR plays both a scientific and regulatory role, ensuring that species are protected not only through enforcement but also through habitat restoration and public education.
Ohio courts have consistently upheld the Division’s authority to enforce these rules and have emphasized that endangered species protection can lawfully constrain private and commercial activities when necessary.
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