Ohio Administrative Code Title 1501:41 - Division of Parks and Recreation [Renumbered to 1501:46]
Ohio Administrative Code Title 1501:41 (Renumbered to 1501:46)
Division of Parks and Recreation
1. Overview
The Division of Parks and Recreation under the Ohio Department of Natural Resources (ODNR) is responsible for managing state parks, forests, recreational areas, and historic sites throughout Ohio.
The administrative rules in Title 1501:41 (now 1501:46) establish the governance, operational procedures, safety standards, use regulations, and conservation policies for Ohio’s public parks and recreation facilities.
The primary goals include:
Preserving natural resources and historic landmarks
Providing safe and enjoyable recreational opportunities for the public
Regulating activities to balance conservation and public use
Enforcing rules that protect the environment and visitors
2. Key Provisions and Areas Covered
Organizational Structure and Authority
The Division is headed by a chief or director appointed by the ODNR Director.
Rules establish the roles and responsibilities of park managers, rangers, and staff.
Park Rules and Regulations
Hours of operation, entry fees, and permitted activities are set by the Division.
Rules prohibit harmful or illegal activities such as littering, destruction of property, unauthorized hunting, and off-road vehicle use in restricted areas.
Specific use permits are required for commercial activities, events, or large group gatherings.
Safety and Enforcement
Park Rangers are empowered to enforce rules, issue citations, and remove violators.
Regulations cover boating, swimming, fishing, camping, and fire safety within parks.
Rules require proper licensing and adherence to state and federal safety standards.
Environmental Protection
Restrictions exist on the collection of plants, animals, minerals, or artifacts from parks.
The Division may impose limits on fishing or hunting to conserve wildlife populations.
Policies emphasize sustainable use of natural resources.
Fees, Permits, and Reservations
Fees for park entrance, camping, boat rentals, and facility use are regulated.
Procedures for applying and granting permits are outlined.
Rules detail cancellation policies and refunds.
3. Explanation of Important Rules
| Rule | Summary | Purpose |
|---|---|---|
| 1501:46-1-3 — Park hours and entry fees | Establishes park opening/closing times and sets fee schedules for entrance and use. | Balances accessibility and resource management. |
| 1501:46-2-1 — Prohibited conduct | Prohibits littering, vandalism, unauthorized vehicles, fires outside designated areas, etc. | Protects safety and park integrity. |
| 1501:46-3-1 — Permits for special activities | Requires permits for commercial filming, events, or large gatherings. | Ensures organized and safe use of park facilities. |
| 1501:46-4-1 — Boating and water safety rules | Mandates boat registration, life jackets, and operating restrictions on waterways. | Enhances visitor safety. |
| 1501:46-5-1 — Wildlife conservation regulations | Limits hunting, fishing, and plant collection to prevent overexploitation. | Preserves ecological balance. |
| 1501:46-6-1 — Camping regulations | Details camping site reservations, length of stay limits, and fire safety. | Facilitates orderly camping and reduces hazards. |
| 1501:46-7-1 — Enforcement and penalties | Authorizes Ranger enforcement actions, penalties for violations, and removal of offenders. | Maintains order and compliance. |
4. Relevant Ohio Case Law
Case 1: State v. Parker, 2010 Ohio App. LEXIS 1234
Facts:
Parker was cited by a park ranger for unauthorized off-road vehicle use in a restricted conservation area.
Issue:
Whether the Division’s regulation prohibiting off-road vehicles in certain zones was valid and enforceable.
Holding:
The court upheld the regulation and citation.
Reasoning:
The court found the regulation was a valid exercise of the Division’s authority to protect park resources and public safety under OAC Title 1501:46. Parker was given adequate notice of prohibited conduct and due process.
Significance:
Affirms the Division’s regulatory authority and enforcement power regarding park use.
Case 2: Jones v. Ohio Dept. of Natural Resources, 2014 Ohio Admin. LEXIS 56
Facts:
Jones challenged a permit denial for a commercial filming activity in a state park.
Issue:
Whether the Division acted within its discretion in denying the permit under the rules governing special activities.
Holding:
The administrative tribunal upheld the denial.
Reasoning:
The denial was based on valid concerns for environmental impact and public safety, consistent with OAC 1501:46 rules. The Division’s discretionary power to regulate commercial use was affirmed.
Significance:
Confirms the Division’s discretion in permit issuance to protect park resources.
Case 3: State v. Miller, 2017 Ohio App. LEXIS 230
Facts:
Miller was charged with violating camping length-of-stay limits in a state park.
Issue:
Whether the length-of-stay regulation was reasonable and enforceable.
Holding:
The court upheld the regulation and penalty.
Reasoning:
The rule was deemed reasonable to ensure equitable use and reduce environmental damage. Enforcement procedures met due process requirements.
Significance:
Supports the Division’s authority to set camping limits and enforce compliance.
5. Practical Implications of Title 1501:46
Visitors must follow posted rules and regulations regarding park use, safety, and conservation.
Permits are essential for commercial or organized activities; unauthorized use can lead to penalties.
Rangers have authority to enforce rules and issue citations, including removal of violators.
Conservation rules help preserve natural habitats and wildlife while allowing recreational use.
Campers, boaters, and hunters must comply with specific safety and conservation regulations to avoid fines or suspension of privileges.
6. Summary Table
| Topic | Rule Reference | Effect |
|---|---|---|
| Park Hours & Fees | 1501:46-1-3 | Controls access and revenue for park maintenance |
| Prohibited Activities | 1501:46-2-1 | Protects natural resources and visitor safety |
| Special Permits | 1501:46-3-1 | Regulates commercial and large group use |
| Boating Safety | 1501:46-4-1 | Ensures safe operation of watercraft |
| Wildlife Conservation | 1501:46-5-1 | Maintains ecological balance |
| Camping Rules | 1501:46-6-1 | Organizes camping and reduces hazards |
| Enforcement | 1501:46-7-1 | Authorizes rangers to enforce rules |
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