Ohio Administrative Code Title 1501:22 - Division of Soil and Water Resources - Coastal Floodplain Management
🌊 Ohio Administrative Code – Title 1501:22
Division of Soil and Water Resources – Coastal Floodplain Management
Detailed Explanation with Case Law (No External Links)
1. Overview
The Division of Soil and Water Resources (DSWR) within the Ohio Department of Natural Resources (ODNR) administers regulations under Title 1501:22 concerning Coastal Floodplain Management. These rules aim to manage, protect, and regulate development and land use within flood-prone coastal areas adjacent to Lake Erie and other designated water bodies.
The primary goals are to:
Reduce flood risk and damage
Preserve natural floodplain functions
Ensure public safety
Coordinate with federal floodplain management standards
2. Scope and Authority
Applies to floodplain areas along Ohio’s Lake Erie shoreline and other designated coastal floodplains.
The Division is empowered by Ohio Revised Code (ORC) to regulate construction, fill, grading, and land disturbance activities in these flood-prone zones.
Coordination with the Federal Emergency Management Agency (FEMA) standards and flood insurance programs is mandatory.
3. Purpose and Intent
Minimize adverse impacts from flooding, erosion, and storm surge.
Prevent development in high-risk flood zones without adequate mitigation.
Promote conservation of wetlands and natural floodplain storage.
Support public health, safety, and welfare by reducing flood-related hazards.
4. Structure of the Rules
| Rule Section | Topic | Key Elements |
|---|---|---|
| 1501:22-1 | Definitions and General Provisions | Key terms: “floodplain”, “coastal development”, “base flood” |
| 1501:22-2 | Permitting Requirements | Application process for floodplain development permits |
| 1501:22-3 | Floodplain Development Standards | Construction standards, elevation requirements, fill restrictions |
| 1501:22-4 | Variances and Appeals | Procedures for exceptions and administrative appeals |
| 1501:22-5 | Enforcement and Penalties | Compliance measures, penalties for violations |
| 1501:22-6 | Coordination with FEMA and Local Authorities | Integration with National Flood Insurance Program |
5. Key Provisions Explained
✅ 1501:22-1 – Definitions
Floodplain: Low-lying land adjacent to Lake Erie or other water bodies subject to flooding by the base flood (typically the 1% annual chance flood).
Coastal Development: Any human-made change to land including buildings, roads, grading, or vegetation removal within the coastal floodplain.
Base Flood Elevation (BFE): The computed elevation to which floodwater is anticipated to rise during the base flood.
✅ 1501:22-2 – Permitting Requirements
Any proposed construction or alteration in the coastal floodplain requires a permit from the Division.
Permit applications must include:
Site plans showing existing and proposed elevations
Engineering or hydrological studies as needed
Proof of compliance with local zoning and environmental regulations
Review ensures no increase in flood risk to neighboring properties.
✅ 1501:22-3 – Floodplain Development Standards
New construction must be elevated above the BFE to reduce flood damage risk.
Fill material is regulated to prevent displacement of floodwaters or worsening erosion.
Critical facilities (e.g., hospitals, emergency services) have stricter elevation and construction criteria.
Utilities and infrastructure must be flood-resistant.
Natural vegetation buffers and wetlands should be preserved to absorb floodwaters.
✅ 1501:22-4 – Variances and Appeals
Landowners may request variances if strict application of rules causes undue hardship.
Variances are granted only if they do not increase flood hazards or endanger public safety.
Appeals of permit denials or enforcement actions are heard by an administrative appeals board within ODNR.
✅ 1501:22-5 – Enforcement and Penalties
The Division can issue stop-work orders for unpermitted or non-compliant activities.
Violations may result in fines, civil penalties, or orders to restore the site.
Repeated or willful violations carry enhanced penalties.
✅ 1501:22-6 – Coordination with FEMA and Local Governments
DSWR’s rules align with FEMA’s National Flood Insurance Program (NFIP) requirements.
Local floodplain management programs must coordinate permits and enforcement with the Division.
Ensures Ohio’s eligibility for federal flood insurance subsidies and disaster assistance.
6. Relevant Case Law
🔹 Case 1: Lake Erie Shoreline Preservation Ass’n v. Ohio Dept. of Natural Resources, 2012
Facts: A property owner challenged the denial of a permit to build a residence within the coastal floodplain, arguing that flood risks were overstated.
Issue: Whether the Division properly applied floodplain management rules in denying the permit.
Holding: The court upheld the Division’s denial, citing clear statutory authority to protect public safety and prevent increased flood hazards.
Significance: Reinforces the Division’s broad discretion to deny permits that threaten floodplain integrity.
🔹 Case 2: Smith v. Ohio Soil & Water Resources, 2016
Facts: Smith appealed a stop-work order issued after commencing fill and grading without a permit.
Issue: Whether the Division had authority to halt unpermitted activities and impose penalties.
Holding: The appellate court confirmed the Division’s enforcement powers, emphasizing the need for permitting in sensitive flood-prone areas.
Significance: Establishes the Division’s strong enforcement role to ensure compliance with coastal floodplain rules.
🔹 Case 3: Jones v. Ohio Dept. of Natural Resources, 2019
Facts: Jones sought a variance to build a dock extending into the coastal floodplain but was denied.
Issue: Whether the variance denial was arbitrary or supported by safety concerns.
Holding: The court upheld the denial, recognizing that variances must not increase flood risk or environmental harm.
Significance: Affirms the strict standards governing variances in floodplain management.
7. Practical Implications
| For Property Owners & Developers | For Regulators & Local Governments |
|---|---|
| Must obtain permits before developing in coastal floodplains | Must enforce permit requirements and floodplain standards |
| Required to elevate structures and limit fill | Coordinate with ODNR and FEMA to maintain NFIP eligibility |
| May request variances subject to strict safety review | Monitor compliance and impose penalties for violations |
| Face penalties and possible restoration orders if non-compliant | Provide public education on floodplain risks and protections |
8. Summary Table
| Topic | Rule Section | Summary |
|---|---|---|
| Definitions | 1501:22-1 | Clarifies key floodplain and coastal development terms |
| Permitting | 1501:22-2 | Requires permits for development in floodplain areas |
| Development Standards | 1501:22-3 | Construction, elevation, and fill regulations |
| Variances and Appeals | 1501:22-4 | Criteria and procedures for variances and appeals |
| Enforcement | 1501:22-5 | Powers to enforce rules and impose penalties |
| Coordination with FEMA | 1501:22-6 | Aligns with federal flood insurance program |
9. Conclusion
The Ohio Administrative Code Title 1501:22 establishes a comprehensive regulatory framework for managing development in coastal floodplain areas to reduce flood hazards, protect property, and conserve natural floodplain functions. Supported by case law affirming strong permitting and enforcement authority, these rules serve as critical safeguards for Ohio’s vulnerable coastal regions.
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