Ohio Code 6111.316 – Exceptions from ephemeral feature mitigation requirements
Sections 6111.31 to 6111.315 of the Revised Code do not apply to, and the director of environmental protection shall not impose any additional requirements upon, an activity associated with an ephemeral feature that is a water of the state if the activity is either of the following:
Terms Used In Ohio Code 6111.316
- Ephemeral feature: means surface water flowing or pooling only in direct response to precipitation, such as rain or snow. See Ohio Code 6111.01
- Person: means the state, any municipal corporation, any other political subdivision of the state, any person as defined in section 1. See Ohio Code 6111.01
- Pollution: means the placing of any sewage, sludge, sludge materials, industrial waste, or other wastes in any waters of the state. See Ohio Code 6111.01
- state: means the state of Ohio. See Ohio Code 1.59
(A) A restoration or enhancement project that will result in a net improvement of water quality. Such projects may include a project under section 319 of the Federal Water Pollution Control Act, an H2Ohio project, a water resource restoration sponsor program, a wetland mitigation bank, or an in-lieu fee mitigation project. To qualify under this exception, a person shall submit a demonstration as part of a mitigation proposal that the project will result in a net improvement in water quality.
(B) A project for the filling or discharge of dredged material into an ephemeral feature that is a water of the state that impacts three one-hundredths of an acre or less of streambed. For purposes of this division, if culvert maintenance or replacement is involved in the project, only an impact to an ephemeral feature that is a water of the state that goes beyond the enclosed configuration of the existing culvert structure shall be included in the calculation of the impacted streambed acreage.
Last updated May 11, 2022 at 4:20 PM