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vs rl LAKE ERIE SIHORE ZONE MANAGEMENT PROGRAM LEGAL AND ADMINISTRATIVE ANALYSIS SUB-PROGRAM I. B3. Prepared for The Ohio Department of Natural Resources By William T. Boukalik Esq. in cooperation with .~ 8Climaco, Goldberg and Boukalik Attorneys at Law 600 Terminal Tower Cleveland, Ohio 44113 and Paul S. Lefklowitz Esq. and 11 Urbanistics Inc, David Meeker, President U.S. DEPARTMENT OF COMMERCE NOAP COASTAL SERVICES CENIER 2234 SOUTH HOBSON AVENUE ~.. CHARLESTON SC 29405-24 3 4-L (r- .L Authorts Note All references to Sections, unless otherwise specified, refer to the Ohio Revised Code, In order to facilitate understanding and readability for the non-lawyer, the standard form of legal citation has been slightly altered. The material contained herein represents the best pro- fessional judgment of the consultants (William T. Boukalik in cooperation with Climaco, Goldberg & Boukalik, Paul S. Lefkowitz and Urbanistics, Inc.; David Meeker, President) and does not represent the opinion of the officials of the Ohio Department of Natural Resources or the official position of the State of Ohio until such time as it may, in all or in part be adopted by it. I INTRODUCTION It is said the American system of government was intended to resemble a layer cake, with the Federal government the top layer, the states the middle layer, and local government the bottom layer. Today, however, the analogy goes, the system tends more to resemble a marble cake with little clear functional distinction. An administrative and legal analysis of the Ohio Lake Erie Shore Zone tends to strengthen one's belief in the comparison. While the deterioration of Lake Erie and its shore zone can be blamed on the abuses of man and the ravages of nature, our inability to deal effectively with the problems of the lake and its coastline must be at least partially credited to government at all levels, and ultimately to the people who shape its forms. Today, we have recognized that we are in serious danger of destroying perhaps Ohio's greatest natural resource for all time. What and how government-- and the people of Ohio-- can do about it is the subject of this study. A. COASTAL ZONE MANAGEMENT ACT OF 1972 (PL 92-583) In enacting the Coastal Zone Management Act of 1972, the Congress of the United States recognized that it is in the national interest to insure the effective management of the coastal zones in that such zones are rich in natural, commercial, recreational and industrial resources and many of these resources have been and are being damaged by ill plannmed development. The Coastal Zone Management Act of 1972 established the policy of: Encouraging the states to exercise their full authority over the lands and waters in the coastal zone by assist- ing the state in cooperation with Federal and 'I ocal governments and other vitally affected interests, in developing land and water use for the coastal zone, including unified policies, criteria, standards, methods, and processes for dealing with land and water use decisions of more than local significance. [Section 302 (h)] */ Under the Act each state with a coastal zone is required to develop a Coastal Zone Management Program. The requisite parts of the program must include: 1) An identification of the boundaries of the coastal zone. 2) A definition of what will constitute permissible land and water uses having a direct and significant impact on coastal waters, within the coastal zone. To this end, the State must define per- missible uses as those which can be reasonably and safely supported by the resource, which are compatible with surrounding utilization, and which will have a tolerable impact upon the environment. 3) The State must inventory and designate areas of particular concern within the coastal zone. In determining whether an area is of particular concern, the State must look at areas of unique, fragile or vulnerable habitat; areas of high natural productivity; areas of substantial 2 recreational value; areas of unique ecologic or Lopographic significance to industrial or commercial development; areas of urban concentration; and areas of significant hazard, if developed, fromn storms, slides and floods. 4) The State must identify the means by which the State pro- poses to exert control over the land and water uses. 5) The State must enact broad guidelines on priority of uses in particular areas. 6) The State must describe and develop the organizational structure necessary to implement the program. The program must give the State the necessary authority to control the land and water uses within the coastal zone by any one or a combination of the following techniques: 1) State establishment of criteria and standards for local im- plementation, subject to administrative review and enforcement. 2) Direct state land and water use planning and regulation. 3) State administrative review for consistency with the program-, with power to approve or disapprove after public notice and hearing [Section 306 (e)(1)]. The program must assure that local land and water regalations within the zone do not unreasonably restrict or exclude land and water uses of regional benefit. 3 B. PURPOSE O1 STUDY As dlfined by the Ohio Department of Natural Resources, the purpose of the Legal and Administrative Analysis performed in this study included: (1) the conduct of an analysis of the legal and admin- istrative arrangements underlying state, regional and local planning and management programs in Ohio and (2) the development of recomn- mendations regarding legislative and administrative changes required to implement the Ohio Lake Erie Shore Zone Management Program. The study attempted to go beyond the mere language of laws and administrative procedures at the state, regional and local levels to examine what, in fact, occurs in the implementation of the vast body of laws and procedures impacting on the Lake Erie Shore Zone. The study sought to broaden understanding of attitudes held by gov- ernmental officials, both elected and appointed, toward a variety of administrative and legal techniques that are currently available or might be made available. Workability was a matter of the deepest concern. The question of what laws, if any, might be required in addition to the current body of law, and what procedural mechanisms, if any, could best implement such laws, was dealt with in the context of "WVhat will work with the least additional bureaucracy and cost and with the greatest possible acceptance from the general public and the governmental entities which serve them?" 4 in examining a wide range. of alternative legislative and admin- S ~ ~~istrative approaches to the management of the Lake Erie Shore Zone, the study recognized that the current problems of the shore zone are the result of decades of activity and thus will require many years of concentrated effort to effect improvement. There are no instant solutions to the problems. Regardless of administrative or legal changes, patience and perserverance will be especially important in treating Lake Erie's Shore Zone in Ohio. C. SCOPE OF STUDY The nine-county Ohio Lake Erie Shore Zone Planning Region (Lucas, Wood, Ottawa, Sandusky, Erie, Lorain, Cuyahoga, Lake, and it ~~~Ashtabula) includes three State Service Districts and three State Planning Regions. There are 37 regional, county and municipal planning agencies in the Shore Zone Planning Region, In the nine counties there are no less than 159 cities and villages and 210 townships of all sizes. Also, the planning region includes a myriad of districts serving diverse purposes from schools to fire protection to parks and many others. The relationship of these governments with at least 14 depart- ments of state government, and a number of Federal agencies (eg. Housing and Urban Development, Coast Guard, Corps of Engineers, Department of the Interior, and Others) and interstate and international 5 agencies (Great Lakes Basin Commission, Internation Joint Commis- sion, and others) impact on the activities in the shore zone. Because a specific review of all state, regional and local legislation and administrative procedures relative to planning and managing the Ohio Shore Zone was not feasible within the limitation of the study, the study concentrated on state legislation and procedures .- and considered a broad representative sample of regional and local legislation and procedures. The scope of the study included a review, description and comn- pilation of state laws and executive orders that impact on the shore zone including, but not limited to the following subject areas: 1) land and water use planning 2) land and water management 3) land and water use regulation 4) land and water acquisition 5) water rights 6) fish and wildlife management 7) air pollution 8) solid waste management 9) water pollution 10) navigation 11) commercial fishing The review and analysis of existing laws and procedures was in- tended to identify inadequacies or the non-existenence of laws and 6 executive or-licr s to I1ntet 1tlk t-tqti tollellts of llhc 0)AM-tal 'Zwlt'a 1\I\l..'.k ment Act of 1972 and the goals and objectives of the Ohio Lake Erie Shore Zone Management Program. This review and analysis included, . insofar as possible, an identification of governmental entities with Home Rule powers, situations where jurisdictions overlap resulting in duplica- tion of efforts, problems in interagency and intergovernmental relations, and inadequate provision for implementation of planning and management functions. Finally the study considered alternative implementation author- ities needed to meet the objectives of the program, the possibility of altering existing administrative procedures, and various new proce- dures which might be utilized in implementing new legislation, if enacted. D. STUDY METHODOLOGY This Legal and Administrative Analysis was conducted during the period of November, 1974, to June, 1975. The study techniques involved included in-depth research of the Ohio Constitution, Ohio statutes, case law, relevant Federal statutes and Federal case law, the gubernatorial executive order pertaining to the Lake Erie Shore Zone, and state and local administrative proce- dures impacting on the shore zone. The study further included a survey of 310 local and regional agencies. The survey was intended to elicit information regarding current activities of the agencies which relate to the shore zone; to 7 detertckirlle the :network ),1 inll r gv -rrl'nt-: f'al r.l:]tti)t.:-;lips ivo('!.vt(d itl shore zone activities; and to assess the attitudes of agency officials toward various possible shore zone management mechanisms. An analysis was also made of an earlier survey conducted ry; the Ohio Department of Natural Resources of 9, 940 residents, public officials, and public interest groups in the Shore Zone Planning tegion. The findings of that survey are listed in the Appendix. The study included in-depth personal interviews with state, regional and local officials. Approximately 40 such interviews were conducted. Interviews were also held with another 30 officials. The interviews ranged from the City of Toledo to Ashtabula Township in Ashtabula County. 3The interviews were intended to seek the opinion of officials involved in day-to-day decision making in matters affecting the Lake Erie Shore Zone. The study also reviewed coastal zone planning activities in the 30 other states involved in coastal planning under the Coastal Zone -MAanagement Act. This included a detailed examination of plan- ning in Oregon, Washington, Florida, Illinois, Michigan, Pennsylvania, and California. The review of the Ohio Revised Code conducted in this study resulted in cataloguing of powers of state and local government im- pacting on the shore zone by corresponding statute number, by agency. A matrix of key control resources and key coastal activities, by 8 agen(y, 'wvas pr'ucp;ire'cd rldnt it; ill:'lud-11d ;''; .AiperlJtlix 'F. Finally, alternative procodures and s:tructures; were consid'lred , for all facets of the Shore Zone Mana-fgement Program and recommernnda- tions arrived at by a continuous screening process based on these con- siderations: legality, political feasibility, administrative efficiency, potential costs, and compliance with the purposes of the Coastal Zone Management Act. We acknowledge with appreciation the cooperation of the Ohio Department of Natural Resources and the many other state, regional, and local agencies and officials who cooperated in this study. 9 POWERS AND DUTIES OF LOCAL AND REGIONAL ENTITIES AFFECTING THE SHORE ZONE A. INTRODUCTION In Ohio, local government is administered by three main governmental entities: The County, the Township, and the Muni- cipal Corporation. Historically, all three units were at the mercy of the General Assembly, which not only had the authority to create the local governmental subdivision, but also could control the exercise of its authority or even terminate its exis- tence, (State of Ohio v. City of Cincinnati, 52 Ohio St. 419, 40 NE 508). By constitutional amendment, adopted by the people of Ohio in 1912, the powers of a municipal corporation were enu- merated in the constitution itself and no longer rested upon the empowering acts of the Legislature. As a result, the muni- cipal corporation is the single most important local governmen- tal body and the entity with the greatest actual and potential impact on the shore zone. B3. MUNICIPAL CORPORATIONS As mentioned above, the municipal corporation derives 10 its pervasive and far-reaching powver frotn Article 18, Section 3. Section 3, entitled "Powers" provides: Municipalities shall have authority to exercise all powers of local self-government and to adopt and enforce within their limits, such local police sanitary and other similar regulations as are not in conflict with general laws. Section 2 entitled "General and Additional Laws" states: General laws shall be passed to provide for the incorporation and government of cities and villages; and additional laws may also be passed for the government of municipalities adopting the same; but no such additional law shall become operative in any municipality until it shall have been submitted to the electors thereof, and af- firmed by a majority of those voting thereon, under regulations to be established by law. Home Rule powers are granted to municipalities which enact a charter under Section 7, entitled "Home Rule": Any municipality may frame and adopt or amend a charter for its government and may, subject to the provisions of Section 3 of this Article, ex- ercise thereunder all powers of local self-govern- ment. Sections 2 and 7 are procedural in nature and basically provide a form for the exercise and implementation of powers granted to a municipality. The Supreme Court of Ohio recog- nized in the case of State ex rel City of Toledo v. Lynch, 88 Ohio St. 71, 102 NE 670, that, These provisions of the 18th Article of the Con- stitution, as amended in September, 1912, con- tinue in force the general laws for the government of cities and villages until the 15th day of the 11 November following and thereafter until changed in one of the three modes following: 1) By the enactment of general law for their amendment; 2) By additional laws to be ratified by the elec- tors of -the municipality to be affected thereby; 3) By the adoption of a charter by the electors of a municipality in the mode pointed out in the Article. The Court continued; Article 18 provides two modes of securing the permitted immunity from the operation of the uniform laws which the legislature is required to pass. One of them is defined in the second and manifestly, it is not self-executing, for it expressly authorized the legislature to pass additional laws, that is, laws additional to the general laws which the legislature is required to pass, such additional laws to become opera- tive in a municipality only after their submis- sion to the electors thereof and affirmance by a majority of those voting thereon. The other mode is defined in the provisions of the later sections relating to the adoption of charters. From the terms and nature of these later pro- visions they are self-executing in the sense that no state legislative act is necessary to make them effective. These three separate plans of government, two of which require affirmative state action, will hereafter be consolidated into two categories: Charter Municipalities and Non-Charter Municipalities. Whichever form is chosen creates different and critical implicatiorsfor the exercise of the powers of local self-government. In order to fully understand these implications Article 18, Section 3, must be broken down into its component parts: (1) Power of local self-government, (2) Power to adopt local 12 police and .;anifary regulatioLL[ t1lo ill conflict wit II geler.al l;w.xv 1. Power of Local Self-Government Article 18, Section 3, provides generally that "muni- cipalities shall have authority to exercise all powers of local self- government." In Fitzgerald vo City of Cleveland, 88 Ohio St. 338, 103 NE 512 (1913), the Ohio Supreme Court had its first opportunity, one year after the enactment of Article 18, to define, "powers of local self-government. " In scrutinizing the municipal technique for the appointment and election of governmental officers, the Court stated: As to the scope and limitations of the phrase "all powers of local self-government", it is sufficient to say here that the powers referred to are clearly such as involved the exercise of the functions of government, and they are local in the sense that they relate to the municipal affairs of a particular municipality, This definition was characteristic of later judicial attempts to define the pertinent phrase, but failed to provide any specific standards to facilitate its application either by the courts or by a municipal government. The Supreme Court has subsequently had numerous, additional opportunities to expand upon and further define the provision and hat found that the powers of local self- government include among others, the power to determine quali- fications of councilmen, State ex rel Bindas v. Andrish, 165 Ohio St. 411, 136 NE 2nd 43 (1956); the power to lease or convey 13 unneleded municipal pro)purty, )State ex re(.l Leach v. ]Redick, 168 Ohio St. 543, 157 NE 2nd 106 (1959);the power of eminent domain, State ex rel Bruestle v. Rich, 159 Ohio St. 58, 110 NE 2nd 778 (1953); and the power to appoint police officers, State ex rel Canada v. Phillips, 168 Ohio St. 191, 151 NE 2nd 722 (1958). In 1958, the Ohio Supreme Court for the first time handed down a comprehensive yet workable definition of "powers of local self-government". To determine whether legislation is such as falls within the area of local self-government, the re- sult of such legislation or the result of the pro- ceedings thereunder must be considered. If the result affects only the municipality itself, with no extra-territorial affects, the subject is clearly within the power of local self-government and is a matter for the determination of the municipality. However, if the result is not so confined it be- comes a matter for the general assembly, (Village of Beachwood v. Board of Elections of Cuyahoga County, 167 Ohio St. 369, 148 NE 2nd 921)o 2. Power to Adopt Local Police and Sanitary Regulations In Hagerman v. City of Dayton, 147 Ohio St. 313, 71 NE 2nd 246 (1947), the Ohio Supreme Court determined that the regula- tions referred to in Article 18, Section 3, as local police and sanitary, constituted: An enactment of any ordinance which is aimed at the preservation of the health, safety, welfare or com- fort of citizens of a municipality. 14 In the later case of State ex rel Canada v. Phillips, supra, dealing with the appointment of a police officer, the Court de- termined that matters pertaining to the organization of the police force were not automatically designated police regulations. The mere fact that the exercise of a power of local self-government may happen to relate to the police department does not make it a police regulation within the meaning of the words police regulation found in that constitutional regulation. 3. General Law General law was defined by the Supreme Court in Fitzgerald v. Cleveland, 88 Ohio St. 338, 103 NE 512 (1913) as those laws which: relate to police, sanitary and other similar regulations, and which apply uniformly throughout the state . . . for the peace, health and safety of all of its people, wholly separate and distinct from, and without reference to, any of its political subdivisions-- such as regulate the morals of the people, the purity of their food, the protection of the streams, the safety of building and similar matters. Since, then, the Supreme Court has consistently maintained that a general law is a law enacted by the General Assembly, (State ex rel Arey v. Sherrill, 142 Ohio St. 547, 53 NE 2nd 501) which has uniform operation throughout the state, although it need not affect all persons in the same manner, (State v. Martin, 105 Ohio App. 469, 152 NE 2nd 898 (1957); Neuweiler v. Kauer, 62 OLA 536, 107 NE 2nd 779). The Court, in a more recent decision, elaborated upon its definition of a general law and determined that: General laws mean statutes setting for police, sanitary or similar regulations and not statutes 15 which purport only to grant or to limit the legislative powers of a municipal corporation to adopt or enforce police, sanitary or other similar regulations, (Village of West Jefferson v. Robinson 1 Ohio St. 2d 113). 4. What Constitutes Conflict With General Law While technically the word "conflict" is not a term of art, it is used as such in the present context. The Supreme Court has specifically held on numerous occasions that the validity of a municipal ordinance does not depend on the question of state prohibition or pre-emption of the municipal constitutional power, [City of Fremont v. Keating, 96 Ohio St. 486 (1917), Froelich v. City of Cleveland, 99 Ohio St. 376 (1919)]. Instead "conflict" exists if the ordinance permits or licenses that which the statute forbids and prohibits and vice versa. This definition has been considered and approved repeatedly, (VillaGUe of Struthers v. Sokol 108 Ohio St. 263, 140 NE 519 (A23); City of Cleveland v. Betts, 168 Ohio St. 386, 154 NE 2nd 917 and City of Canton v. Imperial Bowling Lanes, Inc.,70OhioMisc. 292, 220 NE 2nd 151). In State ex rel Canada v. Phillips, supra, it was contended that the words "as are not in conflict with general law" modified not only the words "Local police, sanitary and other similar regulations, " but also the words, "Powers of local self-government." The Court, in dealing with this contention, held that Article 18, Section 3, first gives municipalities authority to exercise all powers of local self-government, and then, with respect to some of those powers, i. e. the power to adopt 16 and enforce local police, sanitary and other regulations, limits these powers by providing that such regulations may "not be in conflict with general laws." The Common Pleas Court of Stark County was faced with the identical question in Leavers v. City of Canton, 91 OLA 545 (1963). The Court felt that its decision was mandated by the earlier Supreme Court decisions of State ex rel Lynch v. City of Cleveland, supra, and State ex rel Canada v. Phillips, supra. The Court, in a well reasoned opinion which liberally quoted the earlier cases, concluded: The controversy concerns whether the last phrase, as are not in conflict with general laws modified all that has gone before it in Section 3, or only the portion dealing wht the adoption and enforcement within the municipality's limits, of "local police, sanitary and other similar regulations." While the insertion of a comma (after the words local self-government in Section 3) would have been proof positive of an intent to have the modifier apply to the second phrase only, the converse does not necessarily follow, and this Court has chosen to read this section as it would have had a comma been inserted after the word, self-government. Thus, the words, "as are not in conflict with general laws", found in Section 3 of Article 18 of the Constitution, modify the words "local police, sanitary and other similar regulations" but do not modify the words "powers of local self-government." 17 The Courts of Ohio have now conclusively determined that the phrase "not in conflict with general law," contained in Section 3, limits only the power to adopt local police and sanitary regulations and does not in anyway impinge on the power of local self-government. 5. Statewide Concern The Supreme Court of Ohio in Village of Beachwood v. Board of Elections of Cuyahoga County, supra, characterized the power of local self-government as that power to enact municipal legislation which pertains to local problems, having no extra-territorial affects. Theonly limitation on the exercise of this power is the doctrine of statewide concern, [City of Cincinnati v. Gamble, 138 Ohio St. 220, 34 NE 2nd 226, (1941)]. Under this principle, if a matter traditionally placed in the ambit of local municipal control, takes on a new significance, and constitutes a statewide problem, the matter is for the General Assembly and subject to statewide control, [State ex rel McElroy v. City of Akron, 173 Ohio St. 189, 181 NE 2nd 26, (1962)]. 18 6. Charter v Non Charter Municipalities As mentioned previously, a municipality may choose one of three forms of organization and operation (1) the charter form of government under Article 18, Section 7; (2) the additional laws concept under Article 18, Section 2; and (3) under the general laws of the state. The latter two forms are hereinafter referred to as non-charter municipalities. As indicated in City of Toledo vs. Lynch, supra, in order to avoid government under general laws, the municipality must take the affirmative step of enacting one of the two remaining forms of government. If it fails to enact a charter under Article 18, Section 7, then it must exercise its powers of local self government consistent with the general law. While on its face, this appears to be in derogation of the broad grant of power given to municipalities under Section 3, logic dictates the result. In State ex rel Petit vs. Wagner 170 Ohio St. 297, 164 NE 2nd 574, (1960) the Supreme Court stated: It is apparent therefore, that by what they said, the people expressed an intention that, in the absence of the adoption of a charter pursuant to Section 7 or of the adoption of any additional laws for the government of municipalities adopting the same, pursuant to Section 2, the general laws for the government of municipalities authorized by Section 2 were to control a municipality in the exercise of the powers of local self-government conferred upon it by Section 3. Where a charter is adopted, then, under Section 7, a municipality may, subject to the provisions and limitations 19 of Section 3, (not S(ctions 2 and 3) exercise thereunder (under the charter instead of under general laws) all powers of local self government. The only limiting provision then applicable is that specified in Section 3, that local police, sanitary and other similar regulations shall not conflict with genera] laws. Thus, it is evident that when a municipality has enacted a charter, it proceeds to govern under that charter rather than pursuant to Article 18, Section 3. An ordinance, passed by a charter municipality and dealing with local self-government, is valid even though it is at variance with a state statute, [State ex rel Canada v Phillips, supra, Leavers v City of Canton, 1 Ohio St. 2d 33, 203 NE 2d 354, (1964)]. In the absence of an enumerated power in its charter, a municipality may still legislate, as to matters of local self-government. However, it is no longer operating under Article 18, Section 7 but instead under Article 18, Section 3. It may exercise such power unless there is some conflicting state statute. While, seemingly, this is inconsistent with what has been discussed previously, the reconciliation is based upon the fact that the statute enacted by the legislature may only specify the procedure for the implementation of local self-governmental powers. [State v De France 89 Ohio App. 1, 100 NE 2d 689 (1950)]. The Supreme Court in Morris v Roseman, 162 Ohio St. 447, 123 NE 2d 419 (1954) attempted to clarify the situation. The case dealt with a non-charter municipality, but the same logic applies to a charter municipality exercising an unenumerated power. 20 By Sections 3 and 7 of Article 18 of the Constitution, a municipality has the power to govern itself locally in certain respects. The statutes in no way inhibit such power but merely prescribe an orderly method for the exercise of such power where the municipality has not adopted a charter and set up its own governmental machinery thereunder. In other words, a municipality may exercise all powers of local self- government. However, if the charter does not delineate the procedure for enactment of a particular type of ordinance, where the legislature by statute has prescribed a procedure, the municipality must follow the procedure designated by statute, [Village of Wintersville v Argo Sales Co.Inc., 35 Ohio St. 148, 299 NE 2d 269 (1973)]. A non-charter municipality may, consistent with the broad grant contained in Article 18, Section 3, exercise all powers of local self- government, [Village of Perrysburg v Ridgwvay, 108 Ohio St 245, 140 NE 595 (1923)]. However, a non-charter municipality must, in the passage of its legislation, follow the procedure presented by the statutes enacted pursuant to Article 18, Section 2 of the Constitution, (State ex rel Petit v Wagner 170 Ohio St. 297 164 NE 2d 574, (1960), Morris v Roseman supra, Village of Wintersville v Argo Sales Co., Inc., supra). 7. Land Use Control a. Purposes and Powers The purpose of a zoning ordinance is to separate the territory of a municipal corporation into zones so that the several uses for which such property may be legally employed will be designated in order that the 21 greatest benefit as to otno Lit' 1.il, he alhieved with the 1 ast possile detriment to property employed for other uses, [Criterion Service vs. City of East Clevleand, Ohio App., 88 NE 2nd 300, (1949)]. The Supreme Court of the United States in Euclid vs. Ambler Realty Company, 272 US 365, 47 S. Ct. 114 (1926) held that where a complete plan of all the territory of a municipal corporation is worked out with reasonable regard for the general rights of all, such ordinance is a constitutional exercise of the police power of such municipal corporation. The Court adopted the language of Town of Windsor vs. Whitney, 95 Conn. 357, as that which best described the purposes and goals of a comprehensive zoning plan. It betters the health and safety of the community;it betters the transportation facilities; and adds to the appearance and wholesomeness of the place, and as a consequence it reacts upon the morals and spiritual power of the people who live under such surroundings. In order to determine the overall validity of any zoning enactment the underlying question is whether or not the ordinance, based upon the state's police power, is related to the safety, health and welfare of the community. Inherent in any such analysis is a balancing of interests between the rights of the property owner and the right of the community to regulate the use of the property for its general welfare. If, after balancing such interests, it is found that there is no relationship between the community needs and the restrictions imposed upon the property, an unconstitutional taking has occurred, [Pure Oil Division of Union Oil Company of California vs. City of Brookpark, 26 Ohio App. 2nd 153, 269 NE 2nd 853, (1971); Pritz vs. Messer 112 Ohio St. 628, 149 NE 30 (1925)]. 22 p. Since the case of Pritz vs. _Messer, supra, in 1925, the porwcr an.ri authority of an Ohio municipality to zone has never really been subjcet to question. In interpretting what is now known as 713.01 et seq,the Court staited: It is evident that these legislative provisions authorized the enactment of ordinances such as that involved herein. Furthermore, if such a legislative enactment had not been made, the majority of the Court are of the opinion that under the home rule provision of the Constitution (Article 18, Section 3) the regulation of the bulk, area and use of buildings is a function of local self-government and that therefore the municipality is doubly empowered to enact legislation upon this subject, having been given such authority by the legislature and by the Constitution. Subsequently courts have, with only minor departures, classified the power to zone as a power of local self-government. A notable exception is found in Broad-Miami Company vs. Board of Zoning Adjustments of the City of Columbus, 185 NE 2nd 76 (1959): Zoning is the exercise of the police power and thus under provisions of Article 18, Section 3 of the Constitution must not be in conflict with general laws. Nevertheless, courts almost uniformly have classified zoning as a power of local self-government, (Morris vs. Roseman, supra). As noted earlier, the powers granted to a municipal corporation under the Constitution in Article 18, Section 3 are not dependent upon nhe existence of a charter, (Village of Perrysburg vs. Ridgeway, supra). Instead the only effect that laws enacted by the General Assembly may have on municipalities is in regard to the methods and procedures used by the local legislative bodies in the adoption of ordinances pursuant to the 23 powers of local self-government, (Morris vs. Roseman, supra). As a conclusion, it may be stated therefore that the General Assembly may not enact laws which touch the substance of the zoning power, i.e. the General Assembly may not tell a municipal corporation what it can zone unless it is a matter of statewide concern. On the other hand, consistent with Morris vs. Roseman, supra, the legislature may enact laws setting forth procedures for the exercise of the zoning power. In State v DeFrance, supra, it was held that: Upon the adoption of a charter, the power granted to municipalities under the Constituion should be then exercised under the provisions of the charter rather than directly under Section 3 of Article 18 of the Constitution; and that a charter city thus becomes imperium in imperio. As a result, a charter municipality may disregard the zoning procedures included in Section 713. 01 et seq. and instead follow the procedures as set forth in its charter. While such a decision may be solely based upon Article 18, Section 7 and the exercises of powers of local self-government, the Court felt that Section 713. 14 yields unrestricted powers to municipalities in respect to zoning, if such powers are granted by the municipal charter. Section 713.14 states: Section 713.06 to 713.12, inclusive, of the Revised Code do not repeal, reduce or modify any power granted by law or charter to any municipal corporation or the legislative authority thereof, or impair or restrict the power of any municipal corporation under Article 18 of the Ohio Constituion. 24 0w~ ~ A similar resulit was reachcd ill 1}i, ,';I;e ul Viio v_;. tli City of Garfield Heights, 200 NE 2nd 501 (1962). When dealing with municipalities which have enacted a charter, but have failed to enact, therein, provisions relating to the procedure for adopting zoning ordinances, the courts have uniformly agreed that the procedures as outlined in Section 713.01 et seq. must be followed, [State ex rel Kling vs. Nielson, 103 Ohio App. 60, 144 NE 2nd 278 (1957); State ex rel Gulf Refining Company vs. DeFrance, supra, State ex rel Fairmount Center Co. vs. Arnold, 133 Ohio St. 259,34 NE 2d 777 (1941)]. Lastly, where a municipality has failed to exercise powers of local self-government under a charter, it must enact zoning measures pursuant to the procedure as outlined in Section 701.01 et seq. [Morris vs. Roseman, supra; Kligler vs. City of Elyria, 2 0. App 2nd 181, 207 NE 2nd 389, (1965)]. In 1973, the Ohio Supreme Court clarified this premise. The Court answered the question of whether or not a non-charter municipality could enact an emergency zoning ordinance in a manner contrary to the requirements of Section 713.12 it stated: Section 3 ofArticle 18 of the Ohio Constitution which confers home rule power, does not in it of itself empower an Ohio non-charter municipality to enact an emergency zoning ordinance; and such a municipality in the enactment of a zoning ordinance must comply with Section 713.12 which requires a public hearing is*~~ ~ on the proposed ordinance, preceded by a thirty-day 25 notice of the time and place of hearing. As a result, we reach the following conclusion: unless a municipal corporation has adopted a charter setting forth a procedure for the enactment of zoning ordinances, the municipality must follow the statutory guidelines and procedures set forth in Section 713.01 et seq. b. Limitations On Zoning Power (1) General Limitations Zoning regulations are adopted and enforced pursuant to the police power under which government may enact laws in furtherance of the public safety, health, morals or general welfare. All such regulations must be justified on the basis of their tendency to serve one or more of these ends. (Clifton Hill Realty Company vs. Cincinnati 27 OLA 321, 21 NE 2nd 993; Cleveland Trust Company vs. Brooklyn, 92 Ohio App 391, 110 NE 2nd 440). The Ohio Supreme Court declared the test and standards for validity for a zoning ordinance: Whether an exercise of the police power does bear a real and substantial relation to the public health, safety, morals or general welfare of the public and whether it is unreasonable or arbitrary are questions which are committed in the first instance to the judgment and discretion of the legislative body, and unless the decisions of such legislative body on these questions appear to be clearly erroneous the Courts will not invalidate them. Benjamin v City of Columbus, 167 Ohio St 103, 146 NE 2d 854. (2) Aesthetics The concept of public welfare, as used to justify the enactment of a zoning ordinance, is broad and inclusive. The values it encompadses atre phy:ical, spiittsal sict iiolttic ;l w,1 as monetary. It is therefore within the power of the local government to determine that the community should be beautiful as well as healthy, spacious as well as clean, well balanced as well as carefully patrolled. Nevertheless, it has been held that aesthetic considerations alone are insufficient to support the invocations of the police power, although if a regulation finds a reasonable justification serving a generally recognized ground for the exercise of that power, the fact that aesthetic considerations play a part in its adoption, does not affect its validity, (Pritz vs. Messer, supra; Fifth Urban Inc., vs. Board of Building Standards 40 Ohio App 2nd 389, 320 NE 2d 727). The Court of Appeals of Cuyahoga County has held that an ordinance designed to protect values and to maintain a high character of community development was in the public interest and contributed to the community's general welfare. While admittedly, aesthetic considerations played a part in the enactment of this ordinance, the Court found that the immediate goals and purposes of the zoning ordinance were in the public interest and promoted the general welfare. The fact that an aesthetic benefit incidentally resulted did not invalidate the exercise of power, Reid vs. The Artchitectural Board of Review of the City of Cleveland Heights, 119 Ohio App 2d 353, 192 NE 2nd 74 (1963). (3) Taking It is well recognized that almost every exercise of the police power will necessarily interefere with the enjoyment of liberty or acquisition, possession and production of property within the meaning of Article 1, Section 1 of the Ohio Constitution, or involve an injury to a person within the meaning of Article 1, Section 19 of the Ohio Constitution or deprive a person of property within the meaning of the Fifth and Fourteenth Amendments of the United States Constitution. Nevertheless, an exercise of the police power will be valid if it bears a real and substantial relation to the public health, safety, morals or general welfare and it is not unreasonable and arbitrary. In Pennsylvania Coal Comoany vs. Mahon, 43 S. Ct. 158 (1922) Justice H-lolmes stated: The protection of private property in the Fifth Amendment presupposes that it is wanted for public use, but provides that it shall not be taken for such use without compensation. A similar assumption is made in the decisions upon the Fourteenth Amendment. When this seemingly absolute protection is found to be qualified by the police power, the natural tendency of human nature is to extend the qualifications more and more until at last private property disappears. But that cannot be accomplished in this way under the Constitution of the United States. Thus, when it is found that the restriction imposed will prevent an individual from making reasonable use of his property or that the zoning ordinance bears no real or substantial relationship to the public health, safety, welfare or morals, the restriction imposed is invalid and constitutes a taking, for which just compensation must be provided. Courts have been guided by the principle that the value of one's property is in its use, and when the property's use has become so restricted and encumbered that its use is impaired, its value is impaired and there has been a taking which demands just and fair compensation. (4) Prior Non-Conforming Use A municipality has no power to zone out of existence a prior non- conforming use. A prior non-conforming use exists when a particular use is established on a parcel of land and a subsequent zoning ordinance, attempting to prohibit that previously established use, is enacted. In order to qualify as a prior non-conforming use, the use must have been in existence at the time of the passage of the ordinance and must have continued without interuption or expansion ever since [Akron vs. Chapman 160 Ohio State 382, 116 NE 2nd 697, (1953); Nolden vs. East Cleveland City Commission, 12 Ohio Misc 205, 232 NE 2nd 421, (1966)]. The prior non-conforming use has gained protection through the adoption of enabling statutes by the legislative which apply to non-charter cities and cities governed under a charter but without any effective zoning legislation included in the charter. The enabling legislation does not apply to a charter city which has enacted zoning legislation because general law enacted by the legislature will not take precedence over charter provisions. Instead, as to charter cities, an existing use is the subject 29 of a vested right in the user and prohibiting such use constitutes a confiscatory taking of property without due process of law, (Akron vs. Chapman, supra ) or is retroactive and hence unconstitutional, (Kessler vs. Smith, 166 Ohio St. 360,142 NE 2nd 231). The general law for non-charter cities and cities which have adopted charters but have chosen to exclude zoning methods, is Section 713. 15 which provides: The lawful use of any dwelling, building or structure and of any land or premises, as existing and lawful at the time of enacting a zoning ordinance or amendment thereto, may be continued, although such use does not conform with the provisions of such ordinance or amendment . . . The municipal corporation shall provide in any zoning ordinance for the completion, restoration, re- construction, extension, or substitution of non- conforming uses upon such reasonable terms as are set forth in the zoning ordinance. 8. Administration of Authority There are 159 municipal corporations in the nine counties of the Ohio Lake Erie Shore Zone Planning Region. Each has substantial authority to control land uses in the shore zone, but makes land use decisions separate and apart from each other and \vithout any common purpose. The zoning procedures of all municipal corporations have many similarities. All cities have planning commissions with the public representatives serving six year terms. Each planning commission 30 makes recommendations to the legislative body of the community for adopting, changing, or amending zoning ordinances. The legislative body may approve or disapprove a planning commission recommendation. After the required public hearing, the legislative body may act by a majority vote to adopt the regulation or ordinance. Some communities in the Shore Zone Planning Region have large planning staffs with substantial expertise in land-use regulation. Others have only limited expertise available to them, and many have virtually no planning staff to rely on for advice. However, officials interviewed in this study indicated that professional planning advice is not always a major consideration in the decision-making process. Local officials are virtually unanimous in the feeling that they arc best able to make decisions which effect their communities and express reluctance to relinquish any authority regarding land use matters. A big city mayor said, "The local people understand the problems best. The state shouldn't be able to override a council decision. At the same time, local officials who were surveyed and interviewed acknowledged the need for a comprehensive approach to the Lake Erie Shore Zone and favored the state as the level of government best able to fashion that approach. In the Ohio Department of Natural Resources survey of local officials, 48 per cent indicated 31 the state should is-,~inne ' i;re -Ote ole in palufinngl while( 25 per eent urged a reduLced state involvement in planning. FPurther, they favored the state assuming a larger regulatory role by 36 per cent to 32 per cent. In the survey conducted in this legal and administrative analysis, 55 per cent urged the establishment of state standards and local implementation of those standards. Clearly, local government is not able to deal with the overall management of the shore zone. However, it is equally clear that the men and women who administer local government in the Shore Zone are not willing to trust its future in their communities to strangers in Columbus. Whatever procedures now exist for intergovernmental coordination between the state and its cities must clearly be better defined and strengthened. Elected officials at the city level feel that they are the ones subjected to public pressure for land use decisions, therefore they feel that they should make those decisions. Finally, the study showed that the press of day-to-day business can easily blur "the long view." As one mayor said, "Planning for the shoreline would have been useful 40 years ago. Today, we're trying to keep the ,l shoreline we have from washing away. C. TOWNSHIPS 1. Creation and Purposes A township is a creature of statute and its existence is founded upon Section 503.01 which provides: Each civil township is a body politic and corporate, 32 for the purpose of enjoying and exercising the rights and privileges conferred upon it by law. As such, the township derives all of its power and authority from the legislature rather than from any constitutional grant, [State ex rel Schramm vs. Avers, 158 Ohio State 30, 106 NE 2nd 630 (1952)]. Therein the Ohio Supreme Court stated: Townships are creatures of law and have only such authority as is conferred on them by law. Therefore, the question is not whether townships are prohibited from exercising authority. Rather it is whether townships have such authority conferred on them by law. As a result, Ohio townships have no inherent or constitutionally granted police power, the power upon which zoning legislation is based, Therefore the township officials have no authority to enact zoning regulations which are in contravention of general law. [Yorkavitz vs. Board of Township Trustees of Columbia Township, 166 Ohio St. 349, 142 NE 2nd 655, (1957)]. Instead the township must follow the laws as set forth in Section 519. 01 et seq. 2. Limitations On Township Zoning While municipal corporations are prohibited from zoning out a prior non-conforming use based on constitutional provisions given the nature of a township, it is apparent that the legislature may impose direct zoning restraints on townships. Indeed, Section 519.19 so provides. This section, similar to Section 713.15, which limits municipal zoning as it relates to prior non-conforming uses, places such a direct restriction 33 on township authority. In Liddition, Section '-]9. 21 severely limits the authority of the township to substantively zone out certain uses.lt says: Sections 519. 02 to 519. 25 inclusive confer no power on townships to prohibit the use of any land for agricultural purposes or incidental use, no power to prescribe the location, construction, alteration, maintenance, removal, or enlargement of any buildings or structures of any public utility or railroad, or the use of land by any public utility or railroad for the operation of its business and no power to prohibit the use of any land for the construction, alteration or use of any building for the maintenance and operation of any mercantile or retail establishment, in areas zoned for trade or industry. 3. Administration of Authority Zoning is the major authority exercised by township trustees. "It's our big thing" said one official. The zoning procedures which townships must follow are clearly set out in Chapter 519 as previously discussed. The township trustees may resolve to zone a piece of unincorporated land within their township independently or, if 8 per cent of the electors petition them to do so. The trustees then appoint a zoning commission to study the resolution. After studying and before submitting its recommendations to the trustees, the commission must hold a public hearing. It then must submit the resolution to the county or regional planning commission. If either of these commissions disapproves or recommends changing the resolution, another public hearing must be held before the township zoning commission can present its recommendations to the trustees. 34 The township trustees must hold a public hearing before voting to adopt a zoning resolution. If the resolution is adopted by the trustees, it then goes on the ballot and a majority of the electors in the zoned area must vote in favor of the plan before it may take effect. Every township with zoning regulations must have a zoning board of appeals which can authorize variances from the zoning plan. An individual may appeal the decision of the board of zoning appeals to the Common Pleas Court. Zoning plans at the township level are based on rather narrow geographic considerations -- what the people of that township want. One official from a shore zone township said, "Our township is healthy because we listen to our people. That's why $. 75 of every tax dollar comes from industry." He went on to say that "we have too much government now and we need to decentralize." D. COUNTIES 1. Creation and Purpose The function of a county is to serve as an agency of the state for purposes of political organization and local administration. [Blacker vs. Wiethe, Ohio Misc , 231 NE 2nd 888 (1967)]. As a result, it is a wholly subordinate political subdivision, deriving whatever authority it exercises from legislative enactment. [McDonald vs. City of Columbus, 12 0. App 2nd 150, 231 NE 2nd 219 (1967)]. Under Article 10, Section 3 of the Ohio Constitution, a county may adopt a charter and exercise all 35 constitutional and legislative powers vested in municipalitiesc. SFcctiol 1 of Article 10 provides: The general assembly shall provide by general law for the organization and government of counties and may by general law provide for alternative forms of county government. This seeming conflict has never been resolved as the actual question has never been before any court. Given the fact that as of 1967 no Ohio county had enacted a char r the Court of Appeals for Franklin County held: Any exercise of the police power must be predicated upon a delegation of that power to the county by the legislature. McDonald v. City of Columbus 2. Limitation On Zoning The county power to zone is (like a township) limited to that which is expressly delegated to them by statute. McDonald vs. City of Columbus, supra, Yorkavitz vs. Board of Township Trustees of Columbia Township, supra. Section 303. 01 et seq. County Rural Zoning, sets forth the zoning authority vested in counties. Section 303. 02 specifically grants to the county the right to zone, but immediately limits the exercise of the power, to unincorporated territory within the county. Moreover, Section 303. 21 places the same limitation on counties as is imposed on townships by virtue of Section 519. 21 i. e. they may not zone out an agricultural use, restrict the building or use of facilities of a utility or common carrier, or prohibit within area zoned for trade or industry, mercantile or retail establishments. Lastly, Section 303. 22 provides that where township regulations have been adopted prior to the enactment of a county rural zoning plan ac,, the plan covers area included within the township plan, the township plan shall prevail unless the majority of voters in the township approve the county plan. 3. Administration of Authority It is apparent, that county government has only minimal zoning authority and with very few exceptions, the coastal zone has either municipal or township zoning. However, county government exercises powers which affect many aspects of life in the coastal zone. County government may sell bonds and levy taxes to use in the construction and maintenance of county buildings such as libraries, mental health facilities and jails. In addition, it may purchase land for use as county parks, social centers and fairzrounds. Other areas where counties have power to act are in the con- struction and improvement of roads and bridges, the leasing of mineral rights on and under county-owned land and the improvement of harbor facilities. County government in Ohio tends to be fragmented because of the number of independently elected county office holders. This fragmentation and political differences may make development of a unified policy difficult. 37 County oficials;, however, are willingt, 1.1ic study found, to allow the state to play a more active role in shore zone planning and management. One commissioner felt that the state should purchase as much of the property along Lake Erie as possible and preserve it for recreation. HIe felt that the state should have ultimate zoning authority along Lake Erie. Another said that "the state should administer the program and it should have teeth in it". The county commissioners surveyed and interviewed seemed aware that the Lake Erie shore zone is a special resource, one of greater than local concern. They seemed willing to work with the State in developing the coastal zone in an intelligent manner. It appears that they would be willing to give up the little authority they have over land use regulation as long as their other powers are left intact. E. REGIONAL PLANNING COMMISSIONS 1. Creation and Purpose A regional planning commission as authorized by Section 713. 21 may be created by a group of local governmental entities, consisting of villages, municipalities and/or counties. The purpose of a Regional Planning Commission is to make studies, maps, plans and recommendations concerning the physical, environmental, social, economic and other aspects of the region. While this broad planning authority, granted to the commission, appears to be as extensive as zoning power, it is, in effect, far different. As stated in State ex rel Kearns vs. Ohio Power 38 Company, 163 Ohio State 451, 127 NE 2nd 394. Zoning and planning are not synonymous; zoning is concerned chiefly with the use and regulation of buildings and structures, whereas planning is of broader scope and significance and embraces the systematic and orderly development of a community with particular regard for streets, parks, industrial and commercial undertakings, civic beauty and other kindred matters properly included within the police power. 2. Administration of Authority Regional planning commissions serve as regional clearing houses in the areas of transportation, recreation, water and sewers, and other areas of regional concern; and, as planning-advisory agencies for their members. They also serve as the A-95 clearing house for their region. The A-95 Review Process is the primary tool of the federal government to assure that federal expenditures are not duplicated within a region. The procedure requires that units of government applying for federal funds must submit applications to the review process prior to submitting them for funding. All governmental entites within a region are then notified of the pending application and nature of the proposed project. They are provzided an opportunity to review and comment on the proposal in question. The reviews and comments submitted are forwarded to the federal funding agencies for consideration prior to acting on the application. 39 The A-95 Rleview 'Proc'ss i'- tuday the oily C oillrc'ilensiv< meac 'anism existing in the shore zone for coordination of governmental proj cts involving capital funds. While regional planning agencies have little direct authority they are helpful in coordinating activities or projects within their region. Regional planning agencies are comprised of professional, full-time staff and committees which consist of representatives from the member governments. These committees, with staff assistance, make recommendations to the executive committee. The executive committee, composed of representatives of the member governments, acts on the recommendations. Regional planning commissions are clearly sensitive to many of the problems facing the Lake Erie Shore Zone and to the fact that they are of greater than local concern. However, from our discussions with regional officials, it seems clear that they are not interested in becoming a central power in managing the coastal zone. The Toledo Metropolitan Area Council of Governments has been negotiating with the Ohio Department of Natural Resources for designation as the body to coordinate planning in the Maumee Bay estuary, but they see them- selves as coordinators and planners and not as decision makers. This feeling is common to the regional planning agencies. They want to have input, provide technical assistance and help coordinate activities along the coastal zone; however, they do not feel they are the proper level of government to do the actual managing of zone activities. One 40 regional planning commnission staff member said flatly, "we'll work with the state and our members but we don't intend to be a regulatory agency. Further information concerning the scope, powers and duties of Regional Planning Commissions is included in the Appendix. 41 UNITED STATES GOVERNMENT FEDERAL LEGISLATION AFFECTING THI-IE SHORE ZONE A. FEDERAL WATER POLLUTION CONTROL ACT OF 1972 The Federal Water Pollution Control Act of 1972, with an eye toward restoring and maintaining the chemical, physical and biological integrity of the nation's waters, established a national goal to be attain- ed by 1935, of eliminating the discharge of pollutants into navigable waters, a national policy of preventing discharges of toxic pollutants and a national desire that development and implementation of area-Avide waste treatment in each state or region, be undertaken. The highlight of this Act, insofar, as it affects the Lake LErie Shore Zone is contained in Section 103. Therein, it is provided that the administrator of the Federal Environmental Protection Agency may, in cooperation with other governmental entities: ... develop preliminary plans for the elimination or control of pollution within all or any part of the water- sheds of the Great Lakes. More specifically, and touching solely on Lake Erie, is Section 103 (D)(1) which provides: In recognition of the serious conditions which exist in Lake Erie, the Secretary of the Army, acting through the Chief of Engineers is directed to design 42 and develop a demonstration waste water manage- ment program for the rehabilitation and environ- mental repair of Lake Erie. ... This authority is in addition to, and not in lieu of, other waste water studies aimed at eliminating pollution eminat- ing from selective sources around Lake Erie. Generally, the Act provides incentives, through a grant pro- gram, for state and regional implementation of area-wide waste treatment, management plans and practices and the adoption of state water quality standards which are to be in accordance with the stand- ards as set forth by regulation of the administrator of the Environmen- tal Protection Agency. In addition to this seemingly harsh prohibition on discharge of materials and pollutants into navigable waters, a permit system has been set up to allow certain discharges. B. CLEAN AIR ACT OF 1970 The Clean Air Act of 1970 was adopted with the thought in mind that the prevention and control of air;pollution at its source is the primary responsibility of state and local governments and that the growth in the amount and complexity of air pollution brought about by urbanization and industrial development has resulted in mounting dangers to the public health and welfare. Pursuant to authorization contained in the Act, the administrator may make grants to air pollution control agencies for developing, establishing, improving and maintaining any program for the preven- tion and control of air pollution. Under Section 107, primary responsibility 43 has been delegated to the states and thereunder each state must submit an implementation plan which will specify the manner in which national primary and secondary air quality standards will be achieved and maintained within each air quality control region in that state. Under Section 110 (A) (I) each state has the obligation of, after the promulgation of a national primary ambient air quality standard, devising a plan which provides for implementation and enforcement of said primary standards in each air quality region within the state. In addition to the responsibilities assigned for regulating stationary sources of pollution, Title II provides for establishment of standards for the emission of pollutants by motor vehicles. Under Section 206 (A) (I) the administrator of the Environmental Protection Agency is required to test any new motor vehicle or motor vehicle engine so as to determine whether such vehicle con- forms with standards adopted by the administrator, Under Section 307 (F) of the Coastal Zone Management Act of 1972, it is stated: Nothing in this title shall in any way affect any require- ment (I) established by the Federal Water Pollution Con- trol Act of the Clean Air Act (2) established by the Fed- eral government or by any state or local government pur- suant to said Acts. Such requirements shall be incor- porated in any program developed pursuant to this title and shall be the water pollution control and air pollution control requirements applicable to such program. 44 has been delegated to the states and thereunder each state must submit an implementation plan which will specify the manner in which national primary and secondary air quality standards will be achieved and maintained within each air quality control region in that state. Under Section 110 (A) (1) each state has the obligation of, after the promulgation of a national primary ambient air quality standard, devising a plan which provides for implementation and enforcement of said primary standards in each air quality region within the state. In addition to the responsibilities assigned for regulating stationary sources of pollution, Title II provides for establishment of standards for the emission of pollutants by motor vehicles. Under Section 206 (A) (1) the administrator of the Environmental Protection Agency is required to test any new motor vehicle or motor vehicle engine so as to determine whether such vehicle con- forms with standards adopted by the administrator� Under Section 307 (F) of the Coastal Zone Management Act of 1972, it is stated: Nothing in this title shall in any way affect any require- ment (1) established by the Federal Water Pollution Con- trol Act of the Clean Air Act (2) established by the Fed- eral government or by any state or local government pur- suant to said Acts. Such requirements shall be incor- porated in any program developed pursuant to this title and shall be the water pollution control and air pollution control requirements applicable to such program. 44 As a result the followiiw cOiIt]l. iO a ln ;lnl: rl'}lo ( n Cos l.:il Zone Management Act does not limit nor abrogate any of the rcqi .r'o- ments, duties and pronouncements established in the Federal Water Pollution Control Act or the Clean Air Act. Instead, these three Acts are intended to work hand in hand and the administration of each of these laws is to be done with full cooperation, so as to best effectuate the purposes and goals of attaining a stable, environmen- tal and ecological balance. C. FLOOD DISASTER PROTECTION ACT OF 1973 In enacting the Flood Disaster Protection Act of 1973, the United States Congress found that annual losses throughout the nation from floods and mud slides were increasing, partly as a result of the accelerating development and concentration of population in areas of flood hazards. Since development in these areas has been made possible by the availability of mortgage loans by savings and loans, banks and other financial institutions, Congress devised a graduated plan whereby no insured institution could grant, on or after July 1, 1975, a loan secured by improved real estate or a mobile home located or to be located in an area that has been identified by the Secretary off Housing and Urban Development, as an area having special flood ha- zards, unless the community in which such area is located is partic- ipating in the National Flood Insurance Program. The federal. government makes highly subsidized flood insurance 45 available to property owvners wvithrin a loo! iprone area in return for the adoption by the com-munity of land use and control measures consistent Iith criteria prescribed by HUD to reduce or avoid flood damage in connection with future construction within the areas of the flood plain. The program does not require any flood proofing or other structural alterations of buildings retroactively but does require certain measures be taken with new construction. If a given locale does not participate in a program, under this Act, no loan may be granted by an insured institution on or after July 1, 1975. It is obvious that the Shore Zone Management Program must work hand in hand with the Flood Disaster Protection Act of 1973. The criteria laid down for permissible land uses within the shore zone must be consistant with HUD criteria for special flood hazard areas. D. NATIONAL ENVIRONMENTAL POLICY ACT In 1969, the United States Congress enacted the National Environ- mental Policy Act declaring it the national policy to "Encourage produc- tive and enjoyable harmony between man and his environment. " (42 USC 4321) This comprehensive statutory scheme was enacted to insure that environmental factors were systematically considered and environ- mental values implemented in federal administrative decisions. * The Act directs: That to the fullest extent possible, all agencies of the Federal Government shall include in every 46 recomimendation oc report on proposals for legislation and other major federal action sig- nificantly affecting the quality of the human environment, a detailed statement by the res- ponsible official on ... the environmental impact of the proposed action. In Citizens Organized to Defend the Environment, Inc. vs. John Volpe, 353 F. Supp 520 (1972) the Court defined a major federal action as, "One that requires substantial planning, time, resources or expen- diture. " The Court stated that a federal action significantly affecting the quality of human environment is, "One that has an important or meaningful effect, directly or indirectly, on any of the many facets of man's environment. "I State actions not involving expenditures are not covered by this Act. No impact statement need be filed under the National Environment Policy Act, if the program or action is being initiated and fully conducted by the State. In LaRaza Unida vs. Volpe, 337 F. Supp. 221, the Court held that state highways constructed without federal funds and with no in- tention to seek federal funds were not covered by the National Environmental Policy Act. In addition to the inferential conclusion from the case law, Section 923. 5 of the rules and regulations adopted by the Department of Commerce and the National Oceanic and Atmos- pheric Administration specifically states: Individual environmental impact statements will be prepared by the National Oceanic and Atmospheric Administration as an integral part of the review and approval process of the state Coastal Zone Manage- ment Programs. 47 Thus it would seem to be conclusively established that the State does not carry the burden of drafting environmental impact statements for the planning and management of the Coastal Zone Program. It is un- clear precisely what requirements will attach to other federally funded activities intended to implement the management program. E. RIVERS AND HARBORS ACT OF 1899 This Act provides in part that bridges and other obstructions may be built across navigable waters only with the consent of the Chief of Engineers and Secretary of the Army, (33 USC 401, 403) and that it shall be unlawful to discharge refuse matter (other than that flowing from the streets and sewers and passing therefrom in a liquid state) into any navigable waters of the United States or into a tributary of any navigable wvater. (Section 407) As a means of alleviating any harsh result that may occur as a result of the strict enforcement of the preceding: The Secretary of the Army, whenever the Chief of Engineers determines that anchorage or navigation will not be impaired thereby, may permit the deposit of any material above mentioned in navigable waters. (Section 407) Thle United States Supreme Court in United States vs. Standard Oil Company 384 US 224, 86 S. Ct. 1427 (1956) held that Section 407 (therein referred to as Section 13) imposed a flat ban on the unauthorized deposit of foreign substances into navigable waters, regardless of the effect on navigation. As a result, the Corps of Engineers must consider 48 pollution and other environmental factors, and- not just potential effect on navigation, in passing upon applications for permits to discharge. In United States vs. Pennsylvania Industrial Chemical Corp., 411 US 655, 93 S. Ct. 1804 (1973) the United States Supreme Court addressed itself to the seeming inconsistencies and conflicts between the Water Quality Acts and the Rivers and Harbors Act. Therein, it was contended that if a discharge met the minimum water quality standards adopted under pollution prevention and abatement programs, then said discharge could not be prohibited under the Rivers and Harbors Act of 1899. The Court stated: Nothing in the statutes or their parent statutes operated to permit discharges that would other- wise be prohibited by Section 13 (herein referred to as Section 407) and in each case Congress specifically provided that the new statutes were not to be construed as affecting or impairing the provisions of Section 13 (Section 407) of the Rivers and Harbors Act of 1899. As a result, the Chief of Engineers may still prohibit discharge of certain materials under the Rivers and Harbors Act, even though such discharge may be in compliance with the minimum water quality standards as set forth by state agencies. In Kalur vs. Resor, 335 F. Supp. 1 (1971) the authority of the Chief of Engineers to issue permits allowing discharges into non- navigable waters of the United States, was challenged. The Court concluded: The first part (of Section 407) of prohibition applies by its terms to any navigable water or any tributary 49 of any navigable water. Dischar-,es of refuse matter are clearly prohibited in both navigable waters and in non-navigable tributaries of navigable waters. The second part of the sec- tion pertaining to the permits provision is more limited in scope. The Secretary of the Army may: Permit the deposit of any material above men- tioned in navigable waters. This separate proviso makes no mention of tributaries in contrast to the specific language in the pro- hibition part of the section. The conclusion that is drawn from the language is that the Corps of Engineers has no authority to author- ize deposits of refuse matter in non-navigable tributaries of navigable waterways. 50 IV EXISTING AUTHORITY OF THE STATE OF OHIO A. EXECUTIVE POWER 1, Generally The fundamental principal upon which the government of Ohio is based is the doctrine of separation of powers. The governmental powers are divided among the executive, legislative and judicial branches. Each branch is separate and distinct from the other two,. In keeping with this scheme of government, the Governor has no power to invade the legislative area of validly-enacted statutes. The Governor has no power to modify or interpret such legislation. The power to change any existing laws, or to enact new laws, is vested solely in the Legislature. The supreme executive power of the State is vested in the Governor. He has executive powers that are expressly conferred in Article III, Section 5 of the Ohio Constitution, and those conferred by legislative enactments. He also has incidental powers which are neces- sary to effectuate the express powers. The Governor has the responsibility to enforce existing legislation. However, this power is limited to enforcing the laws as written and contains no ancillary powers 51 to interpret or change any laws. The Legislatty can add to or withhold any additional executive authority at its discretion. A further limitation on the Governor's executive authority is the interpretation given to the executive powers by the judicial branch of the government. The powers granted by Article III are the only executive powers to which the Governor is absolutely entitled. If the GeneralAssembly so decided, it could take away all of his additional executive powers. No other executive officer is authorized to control the decision making power of the Governor. On the other hand, the Governor cannot control the discretion of subordinate officers by executive order, when said officers are acting within the scope of their authority. lie does, however, possess the power of re- view or the power of approval by virtue of the Act which creates a particular state office and defines the incidental powers, (State ex rel Andrews Asphalt Co. v. Donahey, 112 Ohio St. 356, 147 NE 2nd 501). The Governor has no power to issue executive orders in excess of his specifically granted powers. Section 6 of Article III provides that the Governor may request information from the other executive officers. The Legislature may provide a source of expanded executive authority to the Governor. Three examples are: 52 1) Statutes which require the Governor',s approval to he carried out such as in the issuance of permits for the removal of minerals from the bed of Lake Erie. 2) Statutes authorizing the Governor to appoint directors of state departments and agencies to serve at the pleasure of the Governor. 3) Statutes relating to the public safety, health and morals, and are silent on who has the power of enforcement have been in- terpreted to give the Governor that enforcement power, I Cuyahoga County Funeral Directors Assn. v. Sunset Mortuary Inc. 88 OLA 568, 181 NE 2nd 309 (1962)]. The Governor can only control other executive officers by executive order when he has been specifically given such a power by the legislature or the Constitution. 2. Administration of Authority The authority vested in the Governor of Ohio by the Constitution of the State of Ohio and by a variety of state statutes is administered by numerous state department, boards and commissions. Administration of gubernatorial authority in matters directly related to the Ohio Lake Erie Shore Zone is conducted primarily by a limited number of state departments. Those most directly involved in Lake Erie Shore Zone matters are the Ohio Department of 53 Natural Resources, the Ohio Environmental Protection Agency, the Department of Economic and Community Development, the Ohio Department of Transportation, the Ohio Department of A dministrative Services, especially, its Public Works Division, the Office of Budget and Management, the Public Utilities Commission, the Ohio Department of Agriculture, the Environmental Board of Review, the Power Citing Commission, and the Ohio Water Development Authority. The administrators of the aforementioned derive their power directly from the Governor by virtue of his appointing authority. The Governor further has a role in appointing some members of the Ohio Historical Society. In 1973 a Governor's Task Force on the Lake Erie Fisheries was initiated with a direct interest in the shore zone. Two additional agencies with direct interest in the Lake Erie Shore Zone and substantial ability to effect it are The Office of the Attorney General, elected independently of the Governor; and, the State University system, especially the Ohio State University with sub- stantial research activities in the shore zone. Administrative coordination of these department, agencies and institutions, as well as many other arms of State Government with an indirect effect on the shore zone, can be described as spotty. Obviously the highest degree of coordination can be 54 accomplished among those agencies headed by single directors who serve at the pleasure of the Governor, e. g., The Department of Natural Resources, The Department of Transportation, etc. However, even in those situations where the Governor exercises direct control, coordination of shore zone activities is minimal. Virtually the only mechanism for establishing central direction and coordination of shore zone activities among department is the Governor's cabinet; that portion of the cabinet directly concerned with shore zone matters. There does not exist a cabinet level unit concerned with the shore zone at this time. In general terms, whatever coordination occurs, arises when state officials below the director level in various depart- ments are unable to agree on a sense of direction. Usually this will result in director-level meetings at which an attempt is made to resolve differences that exist. If directors fail to resolve differences, a gubernatorial decision is required to set direction. In the case of those agencies or departments administered by another elected official, e. g., the Attorney General's Office, or indirectly affected by the authority of the Governor, e. g., Ohio State University, coordination depends for the most part on nothing more than the willingness of those involved to work to- gether for the common interest of the State. Departmental or 55 institutional loyalties tend often to be as strong or stronger than so-called "loyalties to cause. As the State of Ohio prepares to establish a Lake Erie Shore Zone Management Program, it is clear that there is not unified state policy either mandated by the Legislature or set down by the Governor regarding overall direction for the shore zone. The lack of a unified policy permits departments and agencies to work in different directions and sometimes to actual- ly compete with each other. This lack of unified administrative policy regarding shore zone activities is magnified in the 0 lower-level inner workings of State Departments and results in situations where one department tends to block the activity of another in the belief that a proposed action by the second depart- ment is destructive to the goals of the first department. The administrative energies expended in these kinds of interdepart- mental contests dilute the effectiveness of administration and create divisiveness. As this divisiveness grows, such skirmishes occur more frequently. A resolution of this problem seems essential to any effective Saore Zone Management Program. 3. Methods of Policy Making Because policies effecting the shore zone are made by 56 a number of departments and agencies with different structures, they are made in a number of different fashions. Policies made by the Division of Wildlife in the Ohio Department of Natural Resources generally are embodied in division regulations which are es- tablished under the conditions set forth in the Administrative Procedures Act. Policy-making acitivites generally involve public hearings in a number of communities within the shore zone and permit a great deal of public participation. Such a regulation- setting process is also followed by a number of other agencies such as Ohio EPA and Ohio Department of Transportation. In other cases, no such requirements for hearings exist, but an attempt is made to elicit public reaction to ideas through public hearings and meetings, e. g., Department of Economic and Community Development. In some cases, virtually no public input is sought in decision making, e. g., The Ohio State University. The degree of public participation in the decision-making process must be considered as part of the overall question of Lake Erie Shore Zone Management, especially in light of the regulatory requirements of the Costal Zone Management Act. It is also clear that there are situations in every department where policy decisions that affect the shore zone are made solely in an internal fashion with little consultation with anyone outside of the department or agency. Such internal decision- making clearly is necessary to the effective functioning of 57 0 ~~~government. But the decisions made in such situations should reflect general. state policy adopted after free and open discus- sion of the state's goals for the shore zone. In summary, the study shows that there is no overall administration of policy relating to the Lake Erie Shore Zone of Ohio. Rather a variety of state agencies, boards and commissions are administering statutory authority that impact on the shore zone and doing so primarily from the perspective of that department's or agency's goals, rather than the goals of the State of Ohio. The State appears to lack, in addition to an overall 0 ~~~shore zone policy, any administrative mechanism to assure interdepartmental communication and discussion of an ongoing manner. The planning activities conducted under the Coastal Zone Management Act to- date appear to be the exception to this general rule. Because of the requirements of the Coastal Zone Management Act, the State has begun to address itself to the entire question of shore zone management in a comprehensive fashion for the first time. The federal requirements for the Coastal Zone Management Program seem to mandate that a formalized management structure needs to evolve from the planning phase and such a structure is discussed later in this study. However, we cannot stress too strongly the need for a 58 comprehensive, but less formal means which will insure in- creasing communications on shore zone matters between all departments and agencies invloved. B. POWERS OVER WATER AND SUBAQUACIOUS SOIL The State of Ohio derives its rights and powers over the waters of Lake Erie and submerged lands under said waters, pursuant to both State and Federal statutory enactments. Section 123.03 states: That the waters of Lake Erie consisting of the territory within the boundaries of the state, extending from the Southerly shore of Lake Erie to the international boundary line between the United States and Canada, together with the soil beneath and their contents, do now and have al- ways, since the organization of the state, belong to the state as proprietor in trust for the people of the state, for the public uses to which it may be adapted, subject to the powers of the United States Government to the public rights of navigation, water commerce and fishery and further subject to the property rights of littoral owners, including the right to make reasonable use of the waters in front of or flowing past the lands. The Ohio Supreme Court held: Under the constitutional grant of authority to regulate interstate and foreign commerce, the United States Government has paramount control of navigable waters, and power to establish therein, harbor lines and regulations. The title and rights of littoral and riparian proprietors in the subaquacious soil of navigable waters, within the limits of the state, are governed by the laws, of the state, subject to the superior authority of the federal government. The title of the land under the 59 waters of Lake Erie within the limits of the State of Ohio is in the state as trustee for the benefit of the people, for the public uses to which it may be adapted. State v. Cleveland and Pittsburgh Railway Co. , 94 Ohio St. 61, 113 NE 677. The issue of ownership and control arose again and was reconsidered in State ex rel Squire v. City of Cleveland, 150 Ohio St. 303, 82 NE 2nd 709, (1948). Therein, the Supreme Court reaffirmed its earlier holding in State v. Cleveland and Pittsburgh Railway Company, supra and held that the State of Ohio holds title to subaquacious soil of Lake Erie which bordered the state, as trustee for the public for its use in navigation, water commerce or fishery, and may, by proper legislative action, carry out its 0 ~~~~specific duty, protecting the trust estate and regulating its use. The state may, as a result, by proper legislative action, carry out its specific duty of protecting the trust estate and regulating its use. By the legislative enactment of Section 123. 031, the General Assembly has done so. Section 123. 031 provides, Whenever the state. . . determines that territory in front of uplands can be developed and improved and the waters thereof used. . . without impairment of the public right of navigation, water, commerce and fisherly, a lease of all or any part of the states interest therein may be entered into with said owner, subject to the powers of the United States Government and without prejudice to the littoral rights of said upland owner., provided the legislative authority of * ~~~~~the municipal corporation within which any part of the territory is located, if such municipal corporation is not within the jurisdiction of a Port Authority,. . may privately develop and improve said land as long as said development is compatible with permissible 60 land use under the water front plan of the local authority. In addition to this leasing for private development provision, the State has delegated to municipalities fronting on Lake Erie, certain powers as to use and control of waters. and soil of the lake. Section '721. 04 provides, Any municipal corporation . . . a part of the shore of the waters of Lake Erie may in aid of navigation and water commerce, construct, maintain, use and operate piers, docks, wharves and connecting wharves, . . . on any land belonging to the municipal corporation held under title permitting such use and also over and on any submerged artificially filled land . . . title to which is in the state, within the territory covered or formerly covered by the waters of Lake Erie in front of littoral land within -the limits of such municipal corporation whether such * ~~~~~littoral land is privately owned or not. The second basis for ownership of the lands under Lake Erie is found in the Submerged Lands Act of 1953 which provides, in part: It is determined and declared to be in the public in- terest that title to and ownership of the lands beneath navigable waters within the boundaries of the re - spective states and the natural resources within such lands and waters and the right and power to manage and administer, lease, develop and use the said lands and natural resources all in accordance with applicable state law be, and they are, subject to the provisions hereof, recognized, confirmed, established and vested in and assigned to the respective states or the persons who were on June 5, 1950 entitled thereto under the law of the respective states. (43 USCA 1311) The Illinois Supreme Court in Bowes v. City of Chicago, 3 Ill. 2d 175, 120 NE 2nd 15 (1954), determined: 61 The State of Illinois does own the land under the waters of large lakes within its boundaries as do other states of the union. The recent so called Tide ,ands Act, "Submerged Lands Act, " recogniz- ed and reaffirmed such title in the states. Thus large portions of Lake Michigan, east of the City of Chicago are within the boundaries of Illinois and are owned by the state. Navigable rivers and streams are placed in a different catigory from Lake Erie. In Gavit v. Chambers, 3 lOhio, 496, the Court held: That the owners of lands situated on the banks of fresh water navigable streams are owners of the beds of the rivers to the middle of the stream, as at common law. This investiture of title, however, is modified by the notion, that, Title and rights of littoral and riparian owners in the subaquacious soil of navigable waters within the limits of a state are governed by the laws of the state subject to the superior authority of the Federal Government. State v. Cleveland and Pittsburgh Railway Co., supra. In the case of State ex rel Anderson v. Preston 2 0. App. 2nd 244, 207 NE -2nd 664, (1963) the Court of Appeals for Franklin County affirmed The rule of Gavit supra,holding that: An abutting owner on a navigable stream holds title to the middle of the bed of the stream, adjacent to his property. As a result, the following may be adduced: W\hile the owner of lands along the banks of a navigable stream or river own land to the center line, their proprietorship and ownership rights are 62 governed by the law of the state, subject to the superior authority of the Federal Government. In Eheinfrank v. State of Ohio (an unreported decision) the main contention of the State of Ohio was that a portion of the AMaumee River, designated as the Maumee Estuary, was part of Lake Erie and hence subject to the control of the state. Rheinfrank, the owner of land adjacent to the Maumee River claimed title to the center of the MAaumee River. Thle scientific and geological facts as elicited at trial, which were upheld on appeal, pointed out that given the definition of Lake Erie, (no longer the low water mark) the plaintiff, Rheinfrank was the rightful owner of the lands to the center of the Mauamee River. As to the non-navigable bodies of water, a similar rule applies. A non-navigable inland lake is the subject of private ownership, and where a non-navigable inland lake is privately owned, neither the public rrr an owner of adjacent land whose title extends only to the margin thereof, has right to boat upon or take fish from its waters (55 O Jur 2nd, Page 223, Waters and Water Courses). C. POWERS OVER LAND 1. Generally As previously discussed, the state may legislate in areas 63 deemed to be matters of state-wide concern. In State ex rel v. City of Akron 173 Ohio State 189, 181 NE 2nd 26, (1962) the Supreme Court recognized: Due to our changing society, many things which were once considered a matter of purely local concern and subject strictly to local regulation, if any, have now become a matter of state-wide concern creating the necessity for state-wide control. As a result, the following may be concluded: Once a power is classified as a power of local self-government, it does not remain so forever. Instead, changing factors, and realities of modern, technical society will often require the removal of a certain authority from the pigeon hole of local self-government. Such was the case with airport zoning, discussed elsewhere and such appears to be the case with the exercise of authority under a Coastal Zone Management Program. In addition to the doctrine of state-wide concern, the State possesses constitutional authority by virtue of Article II, Section 36 to legislate for the "conservation of the natural resources of the State. " In interpreting this Section the Court of Appeals of Stark County addressed itself to the question of "whether the State can regulate or exercise any degree of control over the use of private property to this end." State of Ohio v. Martin, 105 Ohio App. 469, 152 NE 2d 893 (1957) The Court answered this question in the affirmative. 64 Thus it is clear that the State may regulate land use for conservation purposes by virtue of the direct constitutional grant and in addition may exercise authority over land use when it becomes a matter of state-wide concern. An analogy to the situation existing in the shore zone can be made in the justification for airport zoning regulation. 2. Airport Zoning Under Chapter 4563, the General Assembly has authorized the legislative authority of specified local political subdivision to engage in zoning so as to eliminate an airport hazard, defined as: Any structure or object of natural growth or use of land within an airport hazard area which obstructs the air space required for the flight of aircraft in the landing or taking off at any airport or is otherwise hazardous to such landing or tkaing off of aircraft. Section 4563.01 provides the definition of Airport Hazard Area as: Any area of land adjacent to an airport which has been declared to an Airport Hazard Area by the Division of Aviation in connection with any airport approach plan recommended by such division. In I-tageman v. Board of Trustees of Wayne Township, 23 Ohio Misc. 93,259 NE 2nd 162, (1968), airport zoning authority was initially challenged. The area to be regulated was that portion of the territory in about and surrounding Wright-Patterson Air Force Base. 65 The Court of Common Pleas, Montgomery County held that, The Wright- Patterson Air Force Base zoning regulations, as adopted, tended to: Limit the lighting in the corridor (the approach and take off area), the density of the concentration of people with- in the corridor, by limiting development to two residences per acre, and limit the height of structures and objects of natural growth therein. The Court determined that the regulations imposed a taking of property for which just compensation must be paid. The Court said: Zoning is an exercise of police power for the benefit of an entire community. Each tract must accept its share of reasonable restrictions as they relate to the mutual benefit of all. However, in this case all the regulations are solely for the benefit of WPAFB which is the only land not controlled by the proposed zoning regulations . . . In the instant case, the only beneficiary and object of the zoning attempt by the local regional board pursuant to state statute is the United States of America. The attempt by state and local authorities goes too far. It must be recognized for what it is: A taking for public use for which compensation must be made under the Constitution. The decision of the Common Pleas Court was upheld by the Court of Appeals, in Hageman v. Board of Trustees of Wayne Township, 20 Ohio App. 2nd 12, 251 NE 2nd 507 (1969). While the Court recognized that the regulations were designed to assure the safety of the people and property now in the hazard zone and people and property who would be in such zone if the area were permitted to be developed, the Court determined that there was no threat to the safety of the people and property in such area, now or in the future, inherent in the development of the area in question under the township zoning plan. Instead the Court identified the source of the 66 threat to their safety as being in the "present and future uses of Wright-Patterson Air Force Base, "uses for the benefit of a governmental agency. The Court concluded therefore, that a taking of private property for public use had occurred. The airport zoning statute weathered its first constitutional attack in Village of Willoughby Hills v. Corrigan 29 Ohio St. 2nd 39 278 NE 2nd 658, (1972). The Supreme Court addressed itself to the same question as had been presented in Hageman, supra, namely whether or not the regulations imposed were a reasonable exercise of the police power or instead were unreasonable, hence an uncon- stitutional taking. It was determined by the Court, that a taking had not occurred and that the airport zoning regulations, adopted in accordance with the provisions of Chapter 4563, designed to reduce airport hazards, were a constitutionally permissible exercise of the police power of the state, as long as such regulations were necessary to insure the safety of aircraft in landing and taking off and the safety of persons occupying or using the area and the security of property thereof. At the same time the Court recognized that if the enforcement of any zoning regulation, as to specific property, results in an unconstitutional taking, the Court could either enjoin the operation of the airport zoning regulation or direct the institution of eminent domain proceedings. 67 As the evidence did not show an impairment of use or diminution in value, " the Court held that a taking had not, in fact, occurred. The second, and more important question, for the purposes of the discussion of a potential Shore Zone Management Program was: Whether, to the extent that they (the airport zoning laws) authorize the adoption and enforcement of airport zoning regulations within the territory of a municipality are constitutional or unconstitutional as in conflict with the home rule powers of the municipal corporation under Article 18, Section 3 of the Constitution. Herein lies the distinction between airport zoning and zoning in general. As earlier discussed, and because zoning is classified as a power of local self-government (i. e. the zoning of a particular area does not ordinarily have extra territorial effect), the General Assembly may not tell the municipality what it can zone, but it may only designate the procedures to be used in the enactment of zoning regulations. In the field of airport zoning, the General Assembly not only has set forth the procedure which must be followed by municipal corporations for the enactment of zoning legislation (Section 4563. 06; provides for a public hearing following at least 30 days notice of said hearing) but also has enacted certain standards and criteria to be used as guide- lines for the adoption of zoning regulations. The criteria are designated in Section 4563. 07 which provides in pertinent part- In determining what regulations are necessary, each political subdivision or Airport Zoning Board shall 68 consider, among other things, the character of the flying operations expected to be conducted at the airport, the per cent of slope or grade customarily used in descent or ascent of the aircraft expected to use the airport with reference to their size, speed and type, the nature of the terrain within the airport hazard area, the character of the neighborhood, and the uses to which the property to be zoned is put or is adaptable. Section 4563.03 sets forth the "reasonableness standard" for the regulation and restriction of height to which structures may be erected or objects of natural growth may be allowed to grow. An obstruction of air space in an Airport Hazard Area rising to a height not in excess of 40 feet above the established elevation of the airport or 3 feet for each 100 feet or fraction thereof, its location is distant from the nearest point in the perimeter of the airport, whichever is greater, shall be prima facie reasonable. *0~ ~ The Supreme Court, thus, was forced to deal with the contention that the General Assembly, by imposing substantive zoning limitations on municipalities (i. e. not merely prescribing procedures for the enactment of zoning ordinances) and adopting affirmative guidelines for the exercise of the zoning power was infringing on the municipality's constitutionally granted "powers of local self-government." The Court succinctly stated the proposition: The municipal corporation asserts that the trial judge erred in failed to hold that the home rule power under Section 3, Article 18 of the Ohio Constitution, to zone gives it the exclusive right to zone within its territory; that therefore 4563.03 (which sets forth the reasonable standard) is unconstitutional to the extent that it proports to confer zoning authority on others. i The Court resolved this problem by relying on the doctrine of state-widc 69 concern, as earlier expounded: The Constitution does not preclude state action on matters of state concern, and we agree with the holding of the trial court that the safety and welfare of persons above and on the ground in the vicinity of modern day airports is a matter of state concern. Evidently, the Court recognized that once the matter has become of such general interest that it is necessary to make it subject to state-wide control so as to require uniform state-wide regulation, the municipality can no longer legislate in the field so as to conflict with the state. D. REVIEW OF EXISTING STATE LEGISLATION AS IT RELATES TO THE SHORE ZONE Any discussion involving existing state legislation, must necessarily begin with the competing and conflicting interests which are apparent merely on the face of the legislative pro- nouncement. A quick reveiw of the matrix entitled Manner of Impact (Appendix F) demonstratesthe degree and severity of conflict between not only different levels of government, but also between different departments and agencies within the state government, and between different divisions within the same depart- ment of the state government. The Coastal Zone Management Act requires special consideration 70 for vital areas. The matrix clearly demonsitates that virtually every entity has some measure of control, either direct or indirect over vital and or unique areas. One need only look at the measure of control that certain entities have over estuaries, which may be vital and or unique areas. Port Authorities have direct control over areas designated as estuaries, even though their main purpose and function is to develop and to promote shipping and other means of trade using port facilities. At the same time, various divisions within the Department of Natural Resources have direct control over areas designated as estuaries, but their authority and power, as well as their interests are oriented toward the preservation and maintenance of such areas in their natural state. As a result, there must be a necessary trade-off between developmental and ecological and natural considerations. The statutes do not reflect how this conflict is to be resolved and, indeed, only an analysis conducted on an instance by instance basis would so indicate. Because unique areas are also often vital areas, their use frequently results in competition among interests, conflicts and trade-offs. In the case of key resources on the matrix, there appears to be a less dispersion of control among state agencies, local government, and interstate and regional commissions. This is especially true in state control of mineral resources. An example is the broad and all 71 incoInpassing powers grantt'(l to tiN! Division oi'I ()il :kI1ll (Gi:: t'er thIh dirlling of wells. Indeed, the authority given to that division llowvs; it to pre-empt the field of oil and gas regulation. Similar control has been given to other entities to regulate key resources. It appears that this intensified' regulatory authority is due to the high degree of state-wide concern in the preservation and use of key resources. Many governmental entities have some measure of control over hazard areas i. e. flood plains and erodable areas. Munici- palities may control land within their boundaries as may counties, and townships. State agencies also are involved in these areas. In this case, as in the case of most situtations involving land us;e, authority for regulation is fragmented. Key Activity Areas denote those areas essential to the orderly development of the state and environmental considerations. Few entities have any measure of control, over energy production apparently, and this may be reflected in the desire, as it was because it is a matter of great state-wide concern. In such cases a central and cohesive authority for administration purposes exists. In the area of key activity many entities have substantial involvement. This appears to stem from the fact that many key activities are interrelated, have substantial economic inpact and effect extensive amount of resources, especially land. 72 As an activity has a greater aconomic impact, the more centralized will be its authority and administration e. g. Public Utilities. It is our opinion that a Coastal Zone Management Program would, to a great extent, require a reorganization and a change in the powers and authorities granted to the entities presently having some measure of control over vital, unique, key resource hazard and key activity areas. With the adoption of a Coastal Zone Management Program, these entities would exercise their authority in compliance with the plan as adopted for the Lake Erie Shore Zone. It is clear from this review of existing state legislation that the legislature in recent years has addressed itself to the complexity and interrelationship of the state's problems. This has resulted in the enactment of statutes dealing in a broad and comprehensive fashion with areas of general concern and has produced new state agencies with far ranging authority e. g. Department of Tranaportation and E. P.A. and has required existing agencies to broaden their approach e. g. Division of Reclamation. This legislative trend appears to favor the com- prehensive approach required of Ohio by the Coastal Zone Management Act. 73 CONCLUSIONS AND RECOMMENDATIONS FOR THE ENACTMENT OF THE OHIO LAKE ERIE SHORE ZONE MANAGEMENT ACT 74 0~~~~~~~~~ V CONCLUSIONS AND RECOMMENDATIONS A. OVERVIEW OF COASTAL ZONE MANAGEMENT Any plan for the management of the Ohio Lake Erie Shore Zone must recognize the dual relationship that exists regarding activities in the shore zone. There are two distinct relationships which determine the kind and quality of management which can realistically be achieved; vertical relationships and horizontal relationships. 1. Vertical Relationships Virtually any major decision relating to the development or restoration oF the Lake Erie Shore Zone is subject to either passive or active review by governmental agencies in ascending order. Local governments are called upon to deal with such matters in a number of ways, but most commonly in such regulatory areas as zoning and building permits and in providing utilities, streets and basic services. Local governments and local districts also have a direct interest re- lating to the positive and negative affects on their base of taxation, and the general effect on the quality of community services they provide. County governments have essentially the same concerns as local governments, bug' are viewed in a larger geographic context. In highly urbanized counties, their role in land use planning and other such regulatory areas is very small. In counties that are only nominally urbanized, the county's role is more significant. Reg7ional concern with Lake Erie Shore Zone activities can in- volve local and county governments, which are not directly affected, through an assortment of regional agencies that are either concerned with regional operations (e. g. , public transit) or with regional planning (e. g. , NOA CA). Another matter of regional concern is the limited amount of state and federal resources which are available to a region. The allocation of these resources within the region necessarily has an effect on all entities within it. The State of Ohio has a direct concern with shore zone activities because of its mandate to preserve and protect Lake Erie and its shore zone as an irreplaceable resource belonging to all the people of Ohio. Further, it has a responsibility to promnde those activities which are beneficial to all citizens of the zone and the State. Lake Erie is an economic resource as well as a natural resource and fosters key in- dustrial and commercial activities that are integral to the fiscal well- being of Ohio. 76 Also, under a variety of federal laws, the State is required to assume a partnership role with the federal government in assuring that certain federal requirements are met regarding activities in the shore zone; e.g., air and water pollution. Finally, federal government, especially in post World War II years, has asserted its role over a number of activities fundamental to the Lake Erie Shore Zone. Increasing federal intervention has been inspired by the realization that activities by Ohioans can have a direct effect on citizens of neighboring states and the nation of Canada. Thus, any intelligent management approach to the Lake Erie Shore Zone must clearly recognize that an extremely complex series of intergovernmental relations are set in motion by significant shore zone activities. The Lake Erie Shore Zone has perhaps the most complex series of intergovernmental relationships in Ohio. It is our belief that any effective management program for the shore zone will require either a tremendously increased sharing of powers among various layers of government or the assumption of primary responsibility and authority for shore zone activities by a single governmental level. It is also clear that because of the vast array of governmental entities concerned with shore zone decisions, a system combining nmanagement by exception and management by objective will be required in dealing with shore zone activities. 77 For the purposes of this study, management by exception is defined as a system in which the State of Ohio, as the primary manager of the shore zone, establishes broad objectives and lays down criteria which, if followed, will result in general objectives being achieved. Under this system, units of government below the state level would be free to perform their functions with a minimum of supervision by the State. The State would exert an active management role only in those situations where local and regional agencies deviate substantially from the standards established by the State. State intervention thus would be the exception rather than the rule. Management by objective is defined as a system with more intensive State involvement intended to be used in those situations where any shore zone activity can have a major effect on unique and vital areas. In the use of management by objective, the State itself would provide day-to-day management consistent with a State established plan intended to insure that specific goals and objectives are realized within a fairly specific time frame. 2. Horizontal Relationships While vertical coordination of governmental levels in the shore zone presents a serious challenge, the horizontal relationship between shore zone activities is perhaps even more difficult to coordinate. 78 Within each layer of government exist agencies with basic functional responsibilities which often results in competitive philoso- phies between agencies at the same governmental level. An obvious example is the philosophy of those concerned with transportation, regardless of level of government, versus the philosophy of those concerned with preservation of open space, regardless of level of government. Another example is economic development interests versus environmental protection interests. These differences stern generally, although not always, from the simple fact that bordering the 265 miles of mainland coast line is an exhaustable supply of land, and competition for the use of this re- source is growing keener by the day. These horizontal or functional relationships are sometimes further complicated by differences between agencies in the same functional areas at different levels. Thus, agencies with the same general goals do not necessarily share a uniforma approach to meeting these goals. It is imperative that a uniform approach to activities in the coastal zone be developed--based on law--and that such an approach be evolved with maximum opportunity for imput from all functional areas at all levels. With a uniform approach supported by a consensus of thie user groups--whether it be called a master plan or a general policy statement is ~or general criteria--it should be possible to implement a management 79 program for the shore zone that can be administered in a timely, efficient, and coherent manner. In analyzing the horizontal relationships that must he dealt with in any management program, we must again conclude that only a system combining management by exception and management by objective is workable. B. OVERVIEW OF GOVERNMENTAL AUTHORITY 1. State of Ohio A review of existing state legislation in Ohio finds that the state government has broad authority to control many activities impacting on the shore zone of Lake Erie. First, the State has absolute direct authority over the Lake and is owner of the lake bed below its waters. The only major dispute in this area revolves around the location of the shoreline. The question exists of whether the shoreline is established by low water datum or high water datum and whether it includes an estuary or marsh. The most recent legal activity relating to the location of the shore- line--Rheinfrank v. State of Ohio-- indicates that the State is not the owner of land below the surface of the water in an estuary, but rather that the land is owned by the adjacent property owners. The State does, however, have some control over waters in such situations. 80 A further review of existing state authority shows that the state also possesses broad authority to control many key resources and key activities within the Shore Zone Planning Region. Among these are such activities as energy production, transportation, water and air pollution and resources such as wildlife and minerals. Where the State appears to have little or no authority is in the control of specific land uses within the shore zone, other than through the use of eminent domain or in cases where lands are already owned by the state. Land use controls are now exercised primarily by municipal corporations, townships and other local entities without regard to state statutes other than those statutes delagating such power. The only exception to this pattern occurs in matters which are of state-wide concern. Any extension of the State's authority on matters of land use in %base the shore zone will require a precise definition of the shore zone and a set of standards or criteria relating to permissible uses and activities in the zone. This is clearly the single most glaring gap in the state's present authority and the one which is most difficult to remedy legally. 2. Local Government While in the abstract the State of Ohio has broad power and authority when compared to that of local government, as a practical matter, local government has much greater influence over activities within the Shore Zone. 81 0 This is especially true in matters of land use. Traditionally the power to zone and control land use within the borders of each community was granted exclusively to the governmental subdivision having jurisdiction over that territory. The degree of influence which the State and the Legislature have over the local governmental unit depends upon where that unit acquired its power and where it stands in horizontal relationship to the State of Ohio. The county is the largest governmental unit but for the purposes of zoning and land use regulation its powers are limited. Because it is a wholly subordinate political subdivision of the State, the county possesses only that authority which has been specifically delegated to it. The Legislature has imposed a number of substantive zoning restraints on counties (e.g., limiting the authority to zone only in un- incorporated territory within the county, and has mandated that certain uses within the unincorporated territory may not be classified out of existence). The most powerful unit of local government is the municipal corporation. MIunicipal corporations, under Article 18 Section 3 of the Constitution of Ohio, may exercise all powers of local self-government. Since zoning is classified as a power of local self-government, munici- palities may substantively zone i. e. classify certain territory by con- 8 82 sidering local health, safety and wcll'tire f:cto's. '[llhse decisions 11;Iy he generally made without regard for any legislative enactments or provisions, unless a matter has been declared to be of state-wide concern. The existence or non-existence of a charter in a particular munici- pality affects only the procedure for enacting substantive zoning regulation. If a municipality has a charter which sets forth zoning procedures, the municipality may follow those procedures and disregard the state statutory procedures. If a municipal corporation has a charter which does not contain a procedure for zoning or is exercising its powers in the absence of a charter, state legislation setting forth the procedures to be used in zoning certain parcels of property, must be followed. The third governmental unit within Ohio is the township. A township is a creature of statute and derives all its powers from the Legislature, rather than from any constitutional grant. As a result, the township may only exercise the zoning authority specifically given it by the Legislature. The Legislature, if it chose, could take all zoning authority away from the township and provide directly for zoning from a state board, commission or agency. While this is not politically feasible the Legislature could terminate township zoning authority. Under the Lake Erie Shore Zone Management Program, the State must be able to exercise some measure of control over local zoning classi-- *0 ~fications and decisions. This presents little problem as to counties and 83 townships since the General Assembly has vested them with power subject to certain limitations, and it can just as easily divest them of that power, or place certain substantive limitations upon the exercise of their power. Mluni~cipal corporations present a different problem. Since their zoning authority is based upon constitutional enactment, the General Assemnbly may not ordinarily impose restraints on the exercise of that authority. For this reason, the study cmnsidered the viability and propriety of a constitutional amendment either limiting the zoning powers of a municipal corporation or creating an exception to their exercise. The time table for enactment of a Shore Zone Management Program requires that implementation take place in less than two years. The constitutional amendment alternative was eliminated because of the difficulty of securing passage of such an amendment within this two year time span and the probability of extreme opposition to such a scheme. The only remaining alternative, which the study considered was a legislative enactment based upon evidence of biological, economic, geological, environmental, and ecological need; its goal being to preserve and develop the natural resource, Lake Erie., and its shore zone for the benefit and use of all of the people of the State of Ohio. While any state enactment -setting forth substantive restrictions on local zoning power would seemingly fly in the face of the powers of local self-government, this study has determined that a properly drafted statute, supported by scientific 84 and other evidence justifying imposition of restrictionta oti 1ntillicip:1l zoning authority would be consistent with the doctrine of statewide concern. Thus, the Ohio Legislature,. under the doctrine of statewide concern may enact laws to effectuate a unified and consistent policy to best protect the interest of the people of the State. Thus, if the evidence shows that the preservation, maintenance or development of land within the shore zoning is essential to the State's recreational, environmental, or economic interests and needs, it is a matter of state concern and any subsequent state enactment will be valid. Under these circumstances state legislation will prevail over local enactments. C. GENERAL FINDINGS AND RECOMMENDATIONS In examining the current legal and administrative arrangements which impact on the Lake Erie Shore Zone, this study attempted to pinpoint major inadequacies in the current management system and to suggest a new manage- ment system to correct them. Further, the study attempted to analyze the attitudes of citizens and public officials toward shore zone management in the belief that no meaningful management system can be created or implemented without support from a consensus of those affected by it. 1. MAJOR EXISTING INADEQUACIES a. Lack of Definition No level of government has clearly defined the physical boundaries of the Lake Erie Shore Zone. The zone, therefore, is in the eyes of the beholder. Since there is no agreed-upon definition of the zone, management 85 is an impossibility. The major question is simply, "Where is the Shore Zone?" b. Fragmentation of Authority Authority over various activities in the shore zone is scattered among all layers of government. Currently no level has been assigned primary responsibility for controlling shore zone activities in a co- herent fashion. Before any effective management program can be undertaken, the question must be answered, "Who will manage?" c. Lack of Goals and Objectives Even with a precise shore zone definition and a clear legislative mandate assigning responsibility, intelligent management of the shore zone cannot take place until goals and objectives for the management program have been formulated. Because the zone is an exhaustible resource capable of meeting a variety of needs, it will always inspire competition among diverse user groups; commercial, industrial, re- creational, environmental, etc. Goals and objectives recognizing those diverse interests--and supported by Ohioans generally and shore zone residents specifically--are essential to any management plan. Thus we must attempt to answer the question, "Why manage the Shore Zone?" 86 d. Lack of a Uniform Land Use Plan Agreement on general goals and objectives is not sufficient to deal with the hard, day-to-day decisions which have to be made re- garding land uses. Not only are there no uniform goals and objectives underpinning all land use plans in the shore zone, in some areas there are no land use plans at all. Even where plans exist, a lack of pro- fessional planning expertise makes their implementation uneven. With- out such plans setting forth generally agreed upon goals, land use de- cisions will continue to be made both in the public and private sectors based on narrow geographic and economic considerations. Without agreement on what land uses are both permissible and desirable, no management program can be effective. Thus, there is a need to re- solve, "What is to be managed? 2. ATTITUDES An effective Lake Erie Shore Zone management program will re- quire an understanding and appreciation of the attitudes held by public officials and citizens toward the shore zone. Among the most import- ant of these are: a. Lack of Perspective All of the inadequacies cited above can be said to stem from a lack of understanding of the unique and intrinsic value of Lake Erie to the State of Ohio. Many Ohioans and especially those residing in the Shore 87 Zone hlave not been appreciative of these values. Exploitation and misuse of Lake Erie and its adjacent land has only in recent years become a matter of broad public concern and only then after doom-laden forecasts of the Lake's future. The study found that many citizens and officials who live in the shore zone and have authority over it have little concern for the shore zone or the resource it represents. They seem to take Lake Erie for granted and fail to recognize the opportunities which intelligent shore zone use can provide. Educating the people of Ohio of the importance of the shore zone and Lake Erie is a matter of highest priority. b. Recognition of State Role It is recognized by those currently involved in shore zone manage- ment at the local level that the State of Ohio should assume a leadership role in shore zone management activities. At the same time, local officials clearly do not want to give up their voice in matters which directly effect land use within their governmental boundaries. c. Impact Recognition The study found that many agencies do not recognize the signifi- cance of the impact they have on the shore zone. There is a clear need for key government officials to more fully understand the impact of their day-to-day decisions on the kind and nature of shore zone activities. 88 d. Citizen Involvement A clear and important distinction exists between those persons who live or own property in the shore zone and those who live outside the shore zone, but take a recreational or environmental interest in it. It is clearly easier for those citizens with no direct vested interest in the shore zone to favor severe land use regulations. These differ- ences are similar in many ways to those attitudes expressed in recent years in the debate over strip mining control in Ohio, with citizens in the coal-bearing regions less inclined to favor controls than residents elsewhere. D. SPECIFIC RECOMMENDATIONS The following are specific recommendations for the implementation of the Lake Erie Shore Zone Management Program. These recommen- dations were formulated taking into account the requirements of the Coastal Zone Management Act and weighing alternatives from the standpoint of legality, political feasibility, efficiency, and potential costs. 1. DEFINITION OF THE COASTAL ZONE The establishment of precise boundaries for the Lake Erie Shore Zone is critical. From the legal standpoint, the zone may extend only so far as is reasonable and necessary to control those uses having a direct and significant impact on coastal waters, and therefore may be deemed matters of state-wide concern. The depth- of the zone need not be uniform from border to border as long as direct and significant impact can be demonstrated. The zone should be able to include fully, unique and vital areas which may in some cases extend further inland than in other areas, e.g., wet lands, estuaries and marsh lands. Primary concerns in defining the shore zone were (a) making it large enough to insure that management activities would be meaningful (b) making it small enough to insure management would be possible and (c) making the definition as clear and reasonable and legally defensible as possible. In studying the proper definition of the shore zone, a variety of alter- natives were considered. They include: (1) defining the entire nine-county Shore Zone Planning Region as the shore zone, with each county being entirely included. Analysis Such a zone would appear to be too large and complex involving, for example, the non-shore zone-related governments in the urbanized counties, such as those in southern Cuyahoga County. Under Regulation 923.11 of the Act, "The area must not be so extensive that a fair application of the management program becomes difficult or capricious." (2) defining the shore zone as that area including water sheds for all streams flowing into Lake Erie in Ohio. Analysis Such a shore zone would be extremely large involving the State in management activities several counties removed from Lake Erie and would be legally indefensible. Such a 90 0 zone would encompass territory having no direct and significant impact on coastal waters. Thus, the scheme would resemble a patch work quilt; some areas within this zone would require state participation and other areas, because of the lack of direct and significant impact on coastal waters would require no state participation. (3) defining the shore zone as an area extending inland the depth of one township from the shore of Lake Erie. .low, Analysis A shore zone so defined was seriously considered but eliminated because while such a boundary may be administratively conven- ient it would only be acceptable if it approximated a boundary developed according to what uses have a direct and significant impact upon coastal waters. This definition would not approximate the needs of the program, i. e. there might be areas having a direct and significant impact upon coastal waters lying outside of the one township boundary as contained in this definition. (4) defining the shore zone as a combination of an area encompassing the instantaneous peaks, estuaries and high water datum. Analysis This definition suffers fro-� the standpoint of clarity. Further- more, given the presera confusion of the law as to the definition of the boundaries of ! ake Erie, i.e. State of Ohio vs. Rheinfrank, such a definition .ght create a great amount of litigation. 91 (5) defining the shore zone as an area ranging inland from the shoreline as far as 10 miles. Analysis This definition of the shore zone appears to be too large and would require mrmnagement over activities with little or no relationship to the shore zone. A number of variations of the above were also considered. Any definition will require some degree of subjective judgment and will have some imperfections. The definitions of the shore zone requires, in our opinion, more extensive discussion. The recommendation which follows is intended to serve as a point of departure for that discussion. We recommend the following definition for the Lake Erie Shore Zone Mlanagement Program: The Lake Erie Shore Zone shall be an area which includes all of the waters of Lake Erie within the State of Ohio and which ranges inland from the high water datum of Lake Erie a distance of 1, 000 yards, more or less. All resources and activities taking place in the afore- mentioned area should be subject to mmnagement by the State of Ohio insofar as they have a direct and significant impact upon coastal waters and include unique and vital areas of state-wide concern. 92 In addition the coastal zone heretofore defined, should be expanded to include unique and vital areas adjacent to it which are areas of state-wide concern. The boundary definition as recommended is the best of the alter- natives for the following reasons: The uniform one thousand yard boundary would be satisfactory for the sake of administrative convenience. In addition, almost any land use within the 1, 000 yard zone would appear to have some direct and significant impact on coastal waters, and there - fore, be a matter of state-wide concern. Furthermore, such a boundary is legally defensible in that the necessary connection between regulation and need for regulation could be drawn. * ~~~~The entire area recommended for the shore zone would be subject to minimal management by the State of Ohio. Those areas added to the recommended zone and certain areas, within the zone so designated, should be subject to optimal management by the State of Ohio. Further explanation of minimal and optimal management is provided later. It is further suggested that the establishment of the inland boundary for the shore zone use, should employ wherever possible clearly understood and definable political boundaries or physical elements. 93 The study maintains that this definition is one which most satis- factorily combines the necessary factors of administrative convenience, legal defensibility and positive effect i. e. the zone would be large enough to insure that management activities would be meaningful yet small enough to permit effective management. Finally, it was deemed desirable to place as little burden as possible upon the local governments within the shore zone. For this reason, a narrowly defined shore zone with deviations only where necessary, will require minimal state intervention into matters traditionally categorized as local in nature. 2. ESTABLISHMENT OF CRITERIA AND PERMISSIBLE USES WITHIN THE COASTAL ZONE The Coastal Zone Management Act mandates that participating states be able to manage their coastal or shore zones with one or a combination of the following methods: (1) State establishment of criteria and standards for local implemen- tation, subject to administrative review and enforcement. (2) Direct state land and water use planning and regulation. (3) State administrative review for consistency with the program, with power to approve or disapprove after public notice and hearings. The Act calls for the State to define permissible land and water uses which have a direct effect on coastal waters. 94 Coastal waters, the Act says, are those within the territorial jurisdiction of the United States consisting of the lake itself, its connecting waters, harbors, roadsteads, and estuary-type areas such as bays, shallows, and marshes. This study reviewed a number of methods which might be used to determine permissible land and water uses in the Coastal Zone. Among the alternatives considered were: (1) Authorizing local government agencies to establish uses without state involvement. Analysis This does not appear to comply with requirements of the Coastal Zone Management Act. Regulation 923.12 requires that the state develop and apply a procedure for defining permissible land and water uses within the coastal zone which have a direct and significant impact upon coastal waters. Generally local governments have insufficient facilities and lack the expertise to conduct the necessary inventory of natural resources and to analyze the environmental impact of reasonable resource utilizations. (2) Authorizing local government agencies to establish uses consistent with criteria set by the State. Analysis This appears to be a viable alternative and a variation of it is embodied in the recommendations which follow. 95 * ~~~(3) Authorizing regional planning agencies to establish uses following state criteria. Analysis This was eliminated because no level of government, including the agencies themselves, considers regional planning agencies to be the proper vehicle for implementing a Shore Zone MVan- agement Program. Because of the remoteness of regional planning agencies from the citizenry this alternative is now considered politically feasible. (4) Direct action by the State to establish uses without involvement of locan government. Analysis This alternative was eliminated in recognition of the import- ance of local governmental support in an effective management program. Except in situations of local inaction or where unique and vital areas are involved, local governments deserve the opportunity to provide input. (5) Establishment of uses by a special commission composed of state, regional, and local officials and citizens. An alys is This appears to be a viable alternative and a variation of it is embodied in our recommendation. 96 It is our recomlmiendation that a temnporary commn;sioli be csl:tbilih1cd to include representatives of state departments, the legislature, and local and regional entities. The temporary commission, chaired by the directory of the Ohio Department of Natural Resources, would be served by existing staff of the Ohio Department of Natural Resources and such other staff as may be re- quired of other departments. The temporary commission would be charged with responsibility for establishment of criteria to be followed in determining permissible land uses in the shore zone. We believe that it is essential to establish uniform criteria to be applied throughout the zone in order to achieve effective management. Further said criteria should be based upon the State interest in Lake Erie and its shore zone. To this end, the temporary commission should prepare draft criteria which it feels might apply to land use in the shore zone. Such draft criteria should then be circulated to official and interested citizens in the shore zone for their consideration and be published in news- papers of general circulation throughout the zone. Prior to the adoption of final criteria, the temporary commission should conduct a series of public hearings (5 or more) in various areas of the shore zone to give citizens an opportunity to comment on the criteria. Written comments should also be encouraged. 97 Final adoption of the criteria should be done under provisions of the Administrative Procedures Act to give the criteria the full effect of lawful regulations. As part of its function, the temporary commission should be responsible for an inventory and designation of areas of particular con- cern within and adjacent to the shore zone, as required by the Act. This should include: (1) Areas of unique, fragile or vulnerable habitat. (2) Areas of high natural productivity or essential habitat for living resources. (3) Areas of substantial recreational value. (4) Areas where development and facilities are dependent upon utilization of, or access to, coastal waters. (5) Areas of unique ecologic or topographic significance to industrial or commercial development. (6) Areas of urban concentration. (7) Areas of significant hazards, if developed, from storms, slides, and floods. (8) Areas needed to protect or replenish coastal lands. Adequate consideration must also be given to the national interest involved in the siting of facilities necessary to meet needs beyond those local in purview. 98 It is recommended that two categories be developed for application in these areas included in the shore zone. 1. Areas of Minimal Management This should include all areas within the coastal zone. Such areas should be subject to the minimum regulation necessary to fulfill the objectives of the Coastal Zone Act. Analysis - ~~~~In these areas the recommendations which follow provide for direct local regulation consistent with State established criteria. 2. Areas of Optimal Management 0 ~~~~~This should include all areas within the coastal zone or adjacent to it where intensive regulation is desirable because of unique value. Analysis In these areas the recommendations which follow provide for direct State regulation. 3. AUTHORITY AND PROCEDURE REQUIRED It is recommended that the Ohio General Assembly enact "The Lake Erie Shore Zone Managemient Act." The proposed legislation would create the temporary commission referred to above and empower it to establish the required criteria and designations recommended in this study. 99 The legislation would also define the shore zone as herein recom- mended. Further, the legislation would authorize the designation of minimal management and optimal management areas as might be re- quired in the future and provide a means to amend criteria as conditions require. "The Lake Erie Shore Zone Management Act" -should establish a permanent mechanism to enforce the criteria recommended by the tem- porary commission and procedures to be followed by state and local government to provide continuing management of activities with direct and significant impact on coastal waters. 0 ~~~~Establishment of a Permanent Commission The Act should provide for establishment of a permanent comnmis- sion to oversee management of the shore zone. In considering what mechanism could best provide management of the shore zone, a number of alternatives were considered. They included: (1) Establishment of a new multi-purpose agency concerned with land use in the shore zone. A nalys is This would require substantial amendment to the existing Ohio Code and necessitate the creation of an entirely new govern- mental structure. For reasons of cost and feasibility, it was 0 ~~~~~eliminated. 100 (2) Designation of an existing state agency to assume total re- sponsibility for the shore zone. Analysis Because many state agencies now have some shore zone respon- sibility, this recommendation would require stripping current authority from many departments and would diminish expertise available in specialized departments. For reasons of political feasibility and efficiency, this alternative was eliminated. (3) Creation of a semi-autonomous agency similar to the Ohio Turn- pike Commission to manage the shore zone. Analysis This was eliminated for reasons of cost, efficiency and political feasibility on essentially the same grounds as previously stated for (1) and (2). (4) Delegation of authority to regional agencies presently in existence. Analysis Regional agencies are on record as not favoring assumption of responsibility for the management program. In addition, other levels of government do not see regional agencies as viable management agencies. Thus this alternative was eliminated. (5) Creation of a Coastal Zone Agency with regional components. 101 Analysis Its major weakness's are its potential cost and political infeasi- bility. (6) Creation of a review-board type agency with full-time board members. An alys is This alternative merits consideration although it would require creation of a new governmental structure with attendant costs. From an efficiency standpoint, this alternative suffers by elimi- nating the role of existing departments presently involved in shore zone activities. (7) Delegation of total authority to local governments. Analysis This alternative does not comply with requirements of the Coastal Zone Management Act. (8) A mixture of direct local control and direct State control through existing agencies. Analysis A variation of this alternative is recommended. It is recommended that there be created a Lake Erie Shore Zone Management Commission composed as follows: The director of the Ohio Department of Natural Resources who shall serve as chairman, the director of the Department of Economic and Community Development and the director 102 of the Environmental Protection Agency, and four citizens who reside in communities included, at least in part in the shore zone, two of whom shall be appointed by the Governor, one of whom shall be appointed by the TMajority Leader of the Ohio Senate, and one of whom shall be appointed by the Speaker of the Ohio House of Representatives. No more than four of the members of the commission shall be of the same political party. Staff for the Lake Erie Shore Zone Management Commission should be provided by the Ohio Department of Natural Resources and such other agencies as may be required. Offices of the Shore Zone Management Commission should be cen- trally located in an area as accessible as possible to the shore zone, and the commission should seek to make its meeting accessible to citizens with an interest in the shore zone. Procedures for Shore Zone Management It is the intent of these recommendations to suggest a system for Lake Erie Shore Zone Management which permits local governments to retain the maximum degree of decision making. However, it is important to note that surveys and interviews con- ducted in the course of this study show that both local and regional officials believe that the State of Ohio must take the lead role in Lake Erie Shore Zone Management. They acknowledge that the State appears to be the only * ~~level of government within Ohio which can look beyond local and regional 103 C 01 c rns. It is recommended that the Lake Erie Shore Zone Management Act require the adoption of master plans to govern land uses within the designated shore zone. The Act should provide that after state criteria have been adopted, local governments be given up to one year to adopt master plans, or modify existing plans, consistent with the criteria and permissible uses established in the State regulations for those areas of the shore zone designated as areas of minimal management. The Act should further authorize the Lake Er ie Shore Zone Manage- ment Commission to adopt, within one year and subject to the provisions of the Administrative Procedures Act, master plans for those areas designated as areas of optimal management. Such plans clearly must also be consistent with the established criteria. it is recommended that local master plans be submitted to the Lake Erie - ~Shore Zone Management Commission for review. This will provide the Commission with specific information regarding future input on the shore zone. The recommendation for the adoption of master plans by both local and state governments is made in the belief that master plans assist both public and private sectors in dealing with specific land use decisions. Criteria alone are subject to misinterpretation. Properly devised master plans and legally adopted maps make clear to both present and potential land owners the 104 limitations they may face regarding land use. Master plans also can greatly assist public agencies in programs of land acquisition and in the management of publicly-held land. Three alternatives may be considered regarding state approval of local plans. The Act might: (1) Require direct approval by the Commission of each plan submitted. (2) Provide for automatic approval of each plan unless the Commission specifically disapproves it within a specific time period, perhaps 90 to 180 days. (3) Provide for automatic approval, unless the Commission goes into court to set aside the plan. We are inclined to favor recommendation number two but believe the matter needs further discussion. In approving or disapproving any plan, the Commission could only regulate those uses having a direct and significant impact on coastal waters. If local government agencies fail to submit the required plan, the Shore Zone Management Commission should be authorized to use direct state land and water planning techniques and staff to establish a plan for the locality. The management of such a state-established plan would be left to local government, consistent with the overall management program. In order to insure compliance with the approved plan, the Shore Zone Management Commission should be given the power to file suit in the 105 Common Pleas Court if the plan is violated. Any change in an approved plan should be required to be resubmitted to the Commission for approval or disapproval in the same way as the original plan. The Act may provide that changes to permit certain uses-- for instance, construction of a single family home--be specifically ex- empted from resubmission to the Commission. Variances and non-conforming uses present particular problems that require a somewhat different approach. If a land owner or other interested party appeals to a local zoning board of appeals for a variance involving a particular piece of property within the shore zone, and said variance is approved by the local board of zoning appeals, the Act should provide authority for the Commission to appeal that decision into the Court of Common Pleas as an interested party and provide for some automatic stay of issuance of a permit until running of appeal time. This would require the zoning board of appeals of any given locality to notify the State Commission of any variance which it grants. The legislation should further provide that if a zoning board of appeals disapproves the request for a variance, and a land owner appeals thaL de- cision to the Court of Common Pleas, the State Commission may intervene in Court as an interested party, if the Commission determines that the decision may have a direct and significant impact on coastal waters. 106 These procedures would make maximum use of well established and viable mechanisms without requiring creation of new procedures and authorities. With regard to non-conforming uses, the new legislation will en- counter the same difficulties as any new zoning plan and determination of what constitutes an already established non-conforming use will continue to be a problem to be dealt with on an individual basis. The Commission should also regulate policy between different depart- ment or divisions of the state government who may have competing or con- flicting interests within the shore zone. The Commission will have to establish policy and permissible land uses for state owned lands--both those which the state already owns and in coordinating acquisition of new state lands. Particular emphasis must be placed on the orderly development of the submerged lands of Lake Erie in order to insure the fullest development consistent with other uses of the area, i.e. recreational, industrial, etc. The Commission must further be able to establish criteria and permissible uses for municipally-owned lands in those areas and activities which constitute an area of statewide concern. In those areas properly designated as areas of optimal management, the Shore Zone Management Commission should be authorized to review and approve or disapprove all changes in land use, all building permits, 107 and all other activities having a direct effect on coastal waters. Such review should be undertaken on an individual project basis. No agency of local government should be permitted to issue permits without state approval. It should be stressed that this recommendation is made with the view that the designation of optimal management areas would be a selective tool used only in unique situations. At the same time, without the possibility of such strict regulation, certain invaluable resources in the shore zone will be lost forever. The preceding recommendations are made because they combine input from all levels of government and the people of Ohio. The special temporary commission with its diverse membership would analyze the scientific evidence for which it has expertise, draft criteria and submit it to local government. Local officials with special knowledge of their community would implement the criteria. Only their failure to participate in the program would require the State to directly intervene and develop the master plan for territory located within their communities. 4. FINANCING COASTAL ZONE MANAGEMENT ACTIVITIES These recommendations are intended to provide effective managemnent of the Coastal Zone within reasonable fiscal parameters. The procedure recommended would require a minimum of costly new governmental struc- ture and would maximize use of existing structures at both State and local levels. 108 However, it is obvious that an effective program of Coastal Zone Management will require additional expenditure of tax dollars by both the State of Ohio and local and regional agencies within the shore zone. This study did not attempt to provide a detailed analysis of costs likely to be incurred and such costs willdepend upon the precise management program adopted. It is clear that start-up costs will be significant, especially as they relate to the preparation of master plans in the shore zone by local and state governments. The activities of the Temporary Commission will also require funding. Finally, the need to provide staff for the Coastal Zone Commission and/or State agencies serving the Commission, will require an appropriation of additional funds by the Ohio General Assembly. While some of the needs of the Commission can be met by existing State agency staffs, the Commission's work load will be such that no State department should be expected to assume it without an additional appropriation for that purpose. The study recom- mends that, in additional to funding shore zone activities of State agencies, that the Ohio General Assembly appropriate funds to provide for 100%o planning grants to agencies charged with the responsibility for master planning in the shore zone. The cost of processing of variance and other similar requests could be offset by fees charged for their processing. Such fees should be mini- m al. 109 The costs likely to be incurred in the conduct of an effective Coastal Zone Management Program ,ill likely be returned rmany tinies over as a result of the more economical and intelligent use of the shore zone of Lake Erie and should eventually result in reducing the financial burden on the public sector currently incurred as a result of lack of planning. From the standpoint of cost effectiveness, a properly conducted Lake Erie Shore Zone Management Program should be a bargain for Ohio. 5. RECOMMENDATIONS FOR FOSTERING POSITIVE SHORE ZONE ACTIVITY During the course of this study, it became obvious that a wide range of legal and administrative tools are needed to deal with the complexities of the Lake Erie Shore Zone. The management mechanism proposed earlier must be accompanied by a program which provides positive incentives to foster desirable shore zone activity. It should be emphasized that shore zone management must not be solely a program of preservation of the status quo in the zone. While negative development must be discouraged, positive develop- ment must be equally encouraged. This positive development might in- clude activities as diverse as improved recreational facilities, marine- related research centers, and many others. 110 The study recommends that further study and consideration be given to positive approaches and especially to the following: (1) Increased allocations of Federal pass-through funds by the State to finance activities, especially land acquisition and capital improvements in the Lake Erie Shore Zone. (2) Increased allocations of State mcnies, especially capital im- provements funds, to finance beneficial shore zone improve- ments. (3) A marching grant program with local governments to help finance local projects beneficial to the shore zone. (4) A program of state tax incentives to encourage desirable development in the shore zone and encourage the relocation of undesirable activities. (5) A State program to acquire, hold, and lease land in the shore zone to insure continuation of beneficial uses. (6) State-financed relocation for those individuals or firms currently having non-beneficial uses, and who are desirous of relocating. (7) Increased efforts to open to public access lands now held by Federal, State, and local government. (8) Increased supply of publicly-owned land through negotiated trades of outside the zone. (9) Rate incentives for utilities to undertake placement of lines under- ground. (10) Special focus by the Department of Economic and Community Development on development activities in the shore zone. (11) Establishment of a special seminar program involving both State and local administrators with mutual concern in shore zone management. 112 Appendix A. Coastal Zone Management Act of 1972 and Regulations Nbwa COASTAL ZONE MANAGEMENT ACT OF 1972 (PL 92-583; signed by the President neti-hrer 27. 1972) ~~~~~fl t~~~~~~~~~~~~icipato With state aod oalgovernments9 and rroaiign.sIn effectuating the [purlpotsS of thim title, and (d) to iouac thle Par- Tn e~inbtt'lia nrit..i~t jler rind dereop a asinast o.5rain for ~ticipati on of thet- public. of Fcc-l tate, nord ),-wal cl~ -~ and meat. is-,tcr,s,, Ltvin.ant db-vrlp,,,nt ult tire Uid an"d water ef rrgiopal rclsiitefcen i o.fcaLOz rat'i-t reotrceri of tire NSitiwi' ria c al zrrrrsa aud 1,,r olther IiurIx.*-es. programs. With csnt t IOphnnaii of sIch Ohlln V~-r )0 grantIs, it is the nlat irira pol:Q, to encouca-'e ciroperattoll anllnol tie Be it enarted by tile Senate and 11ousle of Repreientafives of the v~arious state atid regioril aircocics including establishmrent of intfer- Uni~ted Statrei of .4 mernc'i kin Cangrei, flxenbled. That tile Act enitlded state ,and regional a-kci etumets, poprtv roce-dures, and join', action '"An Act to p~rovide for a conprltr'ionsime long-rainge1 aiid coordinated particularly reoarding- ertreiroinaientai prubierns. national pi-ograin in wrarine Science, to estiibIsli a National Countcil oil Marine Resoarces and Eng~in,-ering Dev-elopmient, and v. Coiiinission. DXTIX MON3 on Mrit-ne Scienice. Eig-iiieering, and I~csoiirces, and( for other ptir- poses', approved .Jine 17, i1rt;6 (,O Stilt. 20J:,), as minentled (;:sJ I__.C.c S. ftFrthpoosefthstt- 110t-1124), is further amieirded by adding- itt the end thereof thle rot- (a). -Coastal Zoite" mnean; the n. otial wvaters (inchidizi tf Ie lands ring Ilew title - heinoad temiv)ad haiar shorviands (including the waler thren ad lievider. ~trwz. iflien-14iby each other -and TITLE Ill-MANAGEMENT OF T~lE COASTAL ZONE in prnixinity to tIt-' sliorehli's sOf tlcsevvril coastal! states, and includes TITLE, 111-31AAGEMENT OF TJI C O A S TAL ZONEtransitionwi .and intertidal areas. salt mar-she-s. w,-iaiids. amittit,eaches_ Bm~~55-f Tfl~~~~L5 ~The zone ext-ndz;, in Grrost Lakets wa~ters, to the iut'~rnaiiatlca bound. ary between thle United Suites and Canrada arid, in otiner trea% s, trca xvxtrd Sxr. 301. This title oray be cited as the 'Coastal Zone Management to thle outer limit of the United States territorial sea. The zone extends Act of 10V inland from the slrx-ci-litics Onldy A t ile extent, xct-_,~arv t.j cootr'-l ~5CONRM-OAL. FIDIG shorelands, thle uses of which loit e a direct and svi'nilirant, imipact on the coastal watems Exclrided front the coastal zonle drt! fan.,s toeus SEC. :,0t1. 'flip('tu,- finds that- of which is !)y law mitlIdect solely % to the di-4-retion of or Which is held in * (a) There is a iatr;'al interest ill tile etlective manlagemrent, bene- trust by the Pederal (loternfrieiit'. its othlers or aL-riots. ficial lise. prteti n. ll dos-elopotent Of tile coastal Zone - (b) ~'Constal waters" meanis ( 1) in thIe Gi-cat I~e -area, thec writers (b) TIre C-1-sish1 Zasi is rirfr iii a i-arietv of tiatuirnI. commirercial. rer- within the territorial jurisdfiction of the Unoiteti S-tates cminit irv~ Of reatioal. i~lo~trid. andebiliet ic reerrreersof irniileli~t-aeanod Potential thle GreAt. Lakes, their conlneetin-, vaters,1 arr. oa~icnVIlds. andl saute to t~e tiV~e~!t ad fitnire wel-heinz of l~e Nation;estuary -type areals suche as hamys, shallows. get( mnissi-s itnl (22) In (c) Thei iiutrvas~ijv and (-oinretin_- dentitiins upon~ tre. litirds and Other areas, those waters, adjacent to the shrles which con rain a waters of our cna-sil zoiie occasioned b1w poputlation grotith atid eco- mteaisuralrle quantity or pwrrcentaize of s--a %vister, iutnfitling,. bot ret. inc dLrlopet iin-Iit. illchidrinT reiiruirfor- idiidstri-, conuttrerve. limited to, sounids, bav s, lagZoonks, bayousb.id r atnd- ii estularl~es. residetial ierehojrnent.recreation, extraction of mnineral re-sources (c) "Coatal state' meanis a state of t~ie unlite~d ti--sin. or bnr- nd fo~,Sil ult-nss5 o antI irai-itration, waste dispo'.ni. and liar- deritig on, the Atlantic, Pavific, or A retic Oc-ean, the tiuij of M\exico, veatinlg Of fish. sIheitish, tutu other livingp inai-ie risritirci's. have Long Island Stood, or one. or more of the- Great Las For theL pur- reulted iii thle I,,--S of livinu, rarkaine resources. %wild life. nutrient-rich pssof this title, tile termi als.) incrlude3 Puerto R'ico, tl:'i Vi rzin ELrea s, pe tI Ia II Ikt i tIIit andI :ut. I se rlnI at II'AS toC IA ciooi 4-al Sst eI II S, dcce n Sisands, Guam, and American Samoa.. Open space fo-ublcvse.an hrlneeiin (d) "Estuary" means that part of a river or stream or ot'her b.-dv (d) The co-astl zone, and thle fish, shellfirlh, other liviri7 mnirine of wvater halving unimopairedl connection with th') orsin te-i 1,whiere the ~e~vnoirres, aind wildl1ife thierein, tire e,-otogicalkfy frag~ile 'and, conse- sea water is ineasitrahlv diluted with, fresh water dredfr-om ;,nd fe quvntly extiviiely vu1lner-able to tlestrut-tioti by nman' atiterenituirs: drainaae. The terr incldes stuam -typie area~s of Cie tGr'at I akos. (e) lInprt itnt crolotical. cultutral, histori c, and esthetic v-aluies in (a) "Etsiesntay masarsac r a wich may, include thle coustad Zone which aI'D essenteial to tIre! wcdj,-being of dll citizens are any part or all of an estuacy, adlliing transitional areas, andi adia- being irnetrievnhly dinla_--t or lost: cent uplands, constituting to the extent feasible a natural unit. set (f) 8:x-c1 ial litial zindr sceniivclirhi-tctristics ame be-ing damaziged by asidle to pirtflite. Scientists awll stu.ittts Oile ofiporttiitit, to) oxaite all- plancedtlerern~niet tha. thretens hese vlues;over a periodI of tinie the- eu'oftoiczti uclAtiotislips within thle area. ( Ili fi!ght oif -omimtfrting dt'uimirl- anrl tbe irgent riiced ito Protect ( f) .-Secretn-v" mleanls the. Skocretary of otir. Rd ta) pive. Ii--h prtr-itty tl iiatllrail S stells in thle roastal zone, pres.- ( )Matia',etteit, pi-ogruani inlc~ u-lv, bult is; );(t lintir(-d to. at ton,1- entl state and loc,:il itst itutiortal arring-enients for pilaiinin- andi re-ur- prcfieusire staitelneiiz. in Nvords, mla ts, if lust rations. lin otle'r itemli of (7 latin g an( a nod %-:it r ussin at el a rena~ a ro inatoutlate: ant corn ntutit at ion, pt-epan red1a il 3ittlo red hr% (Ilk stat, ;u --n, t ln- taIt (h) '1he ke In rtoimoe effect ive protet-tion tied uise o~f tic land fand itfte provisions of this tt',setting- forthf objectiveS, polrcies. :itid] ,lanti- water rv--outrctS of thi. coratal notiel Is to elitotli-ttgi tlies stales6 to exercise nirtl ito guide public antd privitte use-s of landis aiid wraters in the coasstal thi ir full kintI it it v ove r it'e land s aod wav~terS Iin het coast ii zoilte by zot e. Rssil-tin- the( stntes,, Iin rcooperation wvith yvemlrt 'and local g-over'cnoients 00i "Wiiter use" ilets activcities which aire confilincid in )r oni IIhe an ificohr vitally ath-eted interests, in dIevelop)ing, hindi auid %%ater irse %water: but doe~s not int'ial or incalud tlie estatrlislionen of ri- v~e pi-ogrant% for tIle ro~istal 701ne, iTI-hI~iding Unifiedl policies, criteria, Vitlaity stantdiri or triti'rin or tlte regql'ation of thOlie isigeir rlrtool slandartl-i, niethio.AS, and poceesvs for dealing with land tuid water of trte thitit x~~ttesailrl~rtra rreg-tlations irht-ft iis.d~ecisionis of moror th[a. loal significairce. Bile iireorptor-lt-d ilk ally 1i-ogranil as requ~tire'd by tilepr-iniao section 107 (f). MECIAXtA'MOt (F POLICY (i) "Landl use" nreater activities which are conducted itt or on the Smc SO-3. Thre Coti_-ea_,s furls and declaires titit it. is the niational shromflattds uititin tile coastal zone, subject. to the reujuir-entenis out- policy (a1) topreserrev. poetdthp,111where, 1possible, to it-cS.' litreul in i-ection 3tJ(g) .- .. or. enhanre-,th o'sotrc-es of thle Nationits coastal zonle for- this anod eirectively their rl- 'fonsiluiltie's inl tilt e'astrsl Zone I hrroi.hi tilt dleve- JkF.N.%(;F5IerN rat-i~e.AM MVELOMarr C.RA%7.4 oplllent aiid implet'imentijtion oif lenhaiaclemeit progi-'itls to rh ilieve wise use of the laud and water resliurees of the cotltal ztone giirintg full St~c-. i105. (a) The' Secretatry is anthorizved to ninke antnual granrts to. considieration tt eoltogical, ('Iltulruil, historic, aitd esthetic values as irtIIy corustit i Istate for the puirpoe of assistitig in the develoiriut or It well as to needs for -ecoulnoric deseltilunc'lit. (c) for all lGeneral artienctn rtiarragt'enett Progi-ram for tile land anti wrater resoiurrces of its coastalk visaged in pr-ogramsl aeCiting tile coast-at zone to cooperate lird par- o.- it Copyright 0 1972 by The Bureau of National AFfairs, Inc. 23 ~~l?%~~Ptif ''~_____________________________ 71:8002 FEDERAL LAWS (1) id.-iltlfic;,tii~ior iiith bl~iiiilmi-, of fluwcowtti Zone sily re~ttu:ttioniisttl~~ umdir scctioit 2lO1 of (lie ].)utincvstratiorn jil t It I I~IIIi ti. -_,II pi IlIt itI I :kIII ('itis and Mett opo~lritt Dv)vl.,pllwltl kvt of I1.)6, I t-ional (.2) it Nict~itioll iii f mlit shall rotiit-ttie pillillisilple la [(( ilAgndy rciitisit :iiv:tts * l?5~~~~~~~~~~~~~~~~~~~~~~~~~~~~I ii i prite yll ti :01 til olr l If tItc- cIlli-il % tiv:slmlo~llili ii litii -if icr' tIII coo- pos11 of (I S title. I , I Ij fwl (titti ktiti mxitory -snml di-,lmat iole o etctittaea Of pll it iltlns anti- fit) TitI'littIi lid told)I wil ilc bI 01t iti i iji tu wlt'oil i it, If the' N ,.; itt iutr'Ittil' - of Iiu~i i~~tl tt? l jnr Ill 1p t ittuli I511 lI tii voIia Zone thurso-lt milt-i-t io its 4i Ifl fi-itt oilvmlr )INtirli-- s-fill, tinthpfkor-W INe ti-eli tol Itttll 41-l ''115 lii fal pction.tol ori V' t Il. 1 I( . fv IotI i~t-tIt litler I1 it N% s'-ti t Ile -tSIte totvitI-It C)I1 I; a ltfSoiitll I) lt ilottt:ttrenvi'titient, awi l Ptt1ritis ifocr r .lilliOuts (!~silc-ttitot (I I njli -oisli-tnl o n prt lt ciornityr of the4 site' nait ivilariTirvas (4)itit T~il l i'.inglivit~t ipit it. of n th cthlings' ttrn t-to !rgIti. [K(ItP re'. ess uitiii tj~i'tiiovali )i It-ll vtt h u-4., (If 4fc-till lo o hi it'OitM iicullui lci llim-litr5titul tli - llC1ti'iatttc tin,'.~~~~~~~~~~~~~~ IC Itl Ot r _lit aIl iSi' li'it llela- t I I lit Ii nil ipr IosIal I ,,II of tItte 5 tiro ) The 41I of' fi..' istatiiti- h ttnt Ie ti_-Ia-Ia s il~I agrnr M~tti olt 5Uilopri-l, wil�'i (tiC" I"f1'itdi, tloo" Stlt.? t'ilihl-Itiv- fo lip Ii-silt pt-silts r~uevi iiittildai llil Ar of l -'c teu luti uttr- ijit'll,1 IIC tniit' I lu-nl l~ai~idSl t anilr tinbe I St'( lltiolli f loval. of tiii-.e titalk, thelMM, n flh~rilidotl'ttilt wll-iitlr Siis'! (Iiin r sli if tincspwr iof"( r (iillt tiS eti ll be1 G Thictll ote Mtt;%aed(i tv i s l niigztized itoh tii"t- t0iiuilrit-11ll'gtiClviltrol ria'pi I'mt .11 ~Il ton. nit-al~l md II)Ft1 1111It cvl 7 Th . itet. titlikt :i' tO till'.-S cifItoili~ Vim ititvl the Jiro-tge the N ftrt'-tii orlv siurtl - lie l ailM IW itit to thetc ftsplia'.il abi Io I ) Io ni'ot'o a., roilstini fth"oiwsggetteh Orderto qitilifyfr tl -rsct tsti niqoes fit'cton C~tlt 101r nI-i (Sts iTiill ngicitu 0,6,vsfr tii' 'voit t ot (l m idie s a] zone d'lo'vt ~Ato file ,cItiilfa ol f ti i' l prtr hl Secrene. will otft tint lloae to ana ( i)lttf-c 1 etih-iitoth of-Friaciciiis itiuha rulvvvfor lca ofp (lie dv, i-to at iou(itl'.- ciiiltIlo-Ii Me ro ieib t vn t % "einritifiul -'it lve Acorient Iof con- %Iit -I l-orIaI C nca 1 g ra t r Iittlu-r l tis this on, o su-ite il --urpos il e ofittltaOo te prov1 tis hl1' I-ii wsIa -- dtszae irik-jron:- ofrr-ev * l~~~~ionso theitsodl- tion. (C) State a~isi-t-t - CI'kng for ivrtm le o'di oservatoni-4eatiia, vcjgith th (I) aie iti tit to lila 1wvI~ p riants ondr ti etinsitle ir onisthngeiei t)~.tmo illC~OiiItt pas i-oct orl~ I'-1ciiiiu1 f l( fthe sm ' olm-iet(d) ro rltj~ailwlO h 1ltl--mli irga-ti atilwae-'I n -U 1aI1 IIIIpt-u-ateImI~ , dvloer I novI ItI pote to nZjt-o.i ot ril "IIiispri-Its afterlc's'icilil-,lialg St~ ~~~~~~~~~~~:1 :1,O (a he Secrets iv ti isloa ofthmiller i usectiontotitof trants toe 11, eto ~title- oro-tiw otite fiit' tittlllIit t-an ctttno it ot fjutt oie~illi lilittliVfrI~~ils mid -r tii ,erc-c til -tAte' itiun-imatt'tand jiotiti tate. tif Ito eppuises such (2)ho itfor til mal-eTtho of tsilt-ii thatf:I zloci ltl and waier useth * progi-itti iii itirse-tirliui , 'iuifti, r-ib-e.i-it il eef st-t ud l'v'lltoS'iih thej-1m coa tal Z iti dci l tint. iiileastiu' jw estrtc Orad l:, writditer Shititt' Q,iotll Shall be alled w to tui'. te state's bshae or ) tt o~111 mdland ttid water Us'is %aof et-gitti is-nelut.ve (h tilt tratit shllII lo.'utrtto IIe siltutc .i-(h " hiprol il WI lie n- (fi and(h tou ]tiet-so:l o i etcav tstt ta loaet a lii s-litl t II ckt'ia into ctoit v xi t ('tit t uf1 L-vc t ui tloti ofIc~ the inir'ii nf (It 1v fliiciltttotll fit-Vsotiji( nd lk't t-lltallu I'i st-iohlploi~tlierv., of z 1nd aria 1' ettik MA aIi'.-ti5'lin. ap soprtlt itol ito alit' oitct itiii jmitlni' o ta 1,t' - lcic a~ t'tgitll il'itti'. (i Yt Ilt 1 -l ti tt stt I Iag1IiI : 1II-Int'. I: It onort ou If tiergau - ratit f~ui-te,r I iototIh l 'C httn ilol:utltts-a'. r''.rent thihe thi tl'til ittll ' llv. Ilvto tiluit' Il ld iir'.tigitt tie 1, itt ill(utS Ilhain (f)sC Gr(If tor portiit ILeo anfoit itititltiI of iY- a-se strl durui-o ithe iililiig-iitit jwtgl-ido Nt-i foitC i Nrctisiitit :l~s ~le ll of a~l~rz' ouuii-uttt log- htiliuttited (g) Priorto state nlih it.' apprithlsii'c toe Sei-iltlnl till. iiiduicl i-thui ICO Oy tistirmtl t~ stat.'l. Na thniedar,~I rt't l'.- sithalothl pritt-il that:es (1) %ii slitt sititi'be i'lOlsl'e tus htOtiui to tle ftittids axnitplag-tlie for goit 1) fo-v i-o rtmilliltioll sil is u accfii-ltter sloitis (il 11i01-a'l tltC5 granhtts morg 'ti/at "etttu0. niiolt tft lrt ,uitnhtr conttro-t'tjl oet lam-tilt Naie iitisc'utthuzone Wilik ti leapo lo iC Sertaryh tlestemvalote to a(A whit-ti ofiscj a sail" oefrlocsjalt Tests ~ ~ ~ ~ ~ ~ ~ ~ ~ t cul-r 011 atltey jttrlot- cif this (liiat Atrnv ah por'tionl of thesile ( )Tivt-atitai al~ withr tise utsiaulndf h tran aundir tis csstetion witr thle policy O d clrt -vn Oto thetit 0 pof tis S'i' tio-n. itt:itlt'~Ilt olrtillll lt'It'ljtl iilad te ii (11) t p'lle utasiorijitca% c to ma gant''s dr wi ttis -itt c'tiistn tlial expi reit on Ctitlodti ia utlit' tittIIo-aiIS al.gili-is tdtit'velilttl'-tutit'plalt s-i. -at Janua'. 1of ha Xc'lr lltitila 10 St~l't au~nfict-tett l~l~ltt lt l~ht ~l~tedjitilttlt tuu ~aitCli' stl~ei ptlg'cll 1411Is orn Ull W'i,ate ID UtI Secretury acdi Wlit at--een deeoe ~at'iiS1111Ls SIlnilllsv~y t r-ilattt' ishtl. iciln ~eto n 5~~~~~~~~~ -12 COASTAL ZONE 71:8003 -3L zr'JlANC u~l Sfl 5.ir(,)5.~ OC.ii~T may b'3 llereaftfereninn-te, tl'e Ser~-rory, prior tio appruvilig such pr>. r.(a1) fI tarryillg wit Iri.1, fjIIiicrioc aind rt'Sjistlin i -Ie mail 'l fi sca it'i on hr hI ltiJ " ftim- "('1Ttarv of tle lInterior, or itt- it.~.n i -tll ii~ol wih, ~np~--at~ u-it. ad ach other !e-''Irat offcjal a-i all bo dr-sittiiatcl to adininitter tho t' i 11 111"rau~ vm-iit pllltlikOlv, ciolilrdwtoIis uk tivitiesI w-th :1 trnial litnit nz'- pro"'ram, %Va'h] rl-spsit to that ortion of tile coastal otiler~ ~ ~ ~ ~~~~~~~~~~~~~zo liitanuigc-iIiciit prgitm at ecting stich jinland areas. (b)I '.1:-t~-ri-tr%- still not aprullli.l the ullia.sretprga ll-l ti N a 'tv l itll~lllt [to wal-ti-n :,.M 1111-ak fiti- %-i-os of P'tdt-ral ~t iiiZ :iil~~~~dial sub hue I~ ~ ~ ~~~~~F.I .31S :;wi lt ilt hernrojtirlilret rioter this titl- rousqt 1b cwil-oitei. [it lo - il f well' ha 'I'tr'-llwnt lwtNueen ally Fudra'l lnolrela e--ijryIaap~rt i iii~ ae ttetm ligililliS Iriiri-i~~~~~~~~~~~~ri~~~iy littnle cd a lli-te"li ~ ;~hliti 'I tiunts iidret aind o itthe- dnitar,nI2 lte lk-n te little5 "gnv fl l l( [il lly n-mlt - o f flii tie- vre -if tinStltiin-l matn~ ilieriai s jwrtriniet to th~e Ill ollllratIa'j NIl ,.\l ll I:vti~ (i.I of tilje lit Prsidenlt. sil n ld n o-mns -ui- Idole-d lntv vptl NIll'k ep-to i lk-ietl. ii--ict..t h jilldic fjrri-riel.wil ssmlt api0 fitare siulse- (C)(e 1 Kad 0v--a iii-iliiit tt#dt i itr tfutlaprinf vctvi Cr) (I) Fii lill1~l itniOY {li~tlliilt! iv ~ ariitie jluenltly devetopel, lhey sliiull Il in'loie avlitniblde to thle piih~lir IS ttiP directly ail-O iel coastidi zoille Il 1.1-i,,11 iiilit ilt* ill jul11 those berole availabletotirgc. ~C0l ie Ii : llniuit-r whiirl s to. tO e wt axiluiail extelit Practicable, Proj(Tt ill ttile COAAA tla 'oi Of IL State shall insuire flinit tile projctet i s SY( 309. (a) 'The Stcretal-a shall CondutliFt a clitifliziri [" wo to fltieii Irlla illn) u-xteitllr p rivtlnlde, l(,clsistettt Yvith approved state the llltrgeiei porii of ti osa ttsado h efrac pral--wn iograml. of each Staute. (3) A ft er boil apitital by the Se-retary of a maestmta natigemenit (b) TheScatiysatlrv i littoi totraiae n nancial Proglninif. iiiy e pli-[1iliit for a rt-,1inji-el Fedferril license or permit to rsiaicetui letiiinil ers'tioli liii to w-itlidr-awal u1iV tNieP"T"ed Cot(IdIIii t)i -ivi nt iy ntfetb-t ing laird or waiter l ses in tile coastal zollie of lioitionn of suiti a--itdnt-e if (1) lv,- dieteraities that the stated i5 failirrg thiat St ate shall piroviile it, thle app!liication to thle lieeisinig or permiit- to adhere to andI is not just ified Ili d&viatmg ir~ orn t tit( p-orralin tilig fgi"lly a veitifihieoltii that the prono-ieil al-ti'-itv Comnpiles Plitit aiilroved bv tle, Secretar'; land (.2 tile slate Lihas ' il-- ntc thre f'nitC'S apptl nied priernam f l, flu t -thatlu act ivity Will he c(ndUcte of thle proposeda teruininittinvi and wvittidriawal and ien anOpportunity in P, :ulmirrii rolsistent with Itip, pfx),ram. At the; sainI5 time. the appli- to tu!eseielt eviilence of adherence or illatifiat'ionefor it tei-ngI -rIot shrill fuioi~h-i to thke state or Iit desicuiliteui ezencr a copy of InrInram. t el itiffcati0)n. Wit ith lMi ieres7-l iv i rifornluat ion f ind ii rta. Each roast alROD ceitnfivatioils alil.. tI) tile exieilt it lwiSapprOpriate. purocediimes f or-Sy. -.io. ullj caoll ri--cpient (If a ii-iit Illider thi itle shal;lot public h~eavings in collrlection therew~ith. At thle earliest practicablo "O4 'siiuircrl s tile S-cretary shill pii-acribe. inelridintr -reordis 1rhi-b tine, tilv n-uini- lr ;is d-lraeiagelicy sliall iiotify thel- Federal agic fully disclose ftie ratiOnll aiaii draposition of the Guinila ri-eixeriv unkder Mcnernt.I i fthat tir Stteoicrsvtlorojtsoth plan h e e -i-aiit. tile total cost of ithe Intlljt or IlljIlettak~ii- suri poed cettriir.If ties stalte or Its rtesiunatedl agellcy fails to furnish thle ote nelle.alsc te eorsa ilfclara fctive rrqu~ru-d not~tai ooit 0 it bin sis tiritnirlilafter receipt of its copy of the3 aditia. spolcant ~~~;earonthe stau'ts concurrence with the certification (1)) The Secretary a111 the Cn(eoriotter Oenerai of tile T-nitp-d shall b- il -i'IN lpr- IlrtiEN O license, or prermt 0ihalt be, granted States, or alliy of their dutly anlitr:7rrtl repru'serat, r ha hv * by the I- i i :evc lnaterl the stnte or its dltsiriantt-d agency has con- arcess for the pumrpose of aillgit aiii e-'riminstion to 'a-i' bonks, do-u- Carrrixitti IvtI 'O :ipll';cant s certification or oirtii. by tile state's failure Ineats, papers, nun( records o" tim trovipiclt-of tie "rn ott 'at are per-,. to act. the( conculrrence iocliivt Preskifiiiel. unless tile Secretary, lient to the. deterllilation that fluids ranted aire uskd in accordanceF on b-s (Nno ii itIit iawC (Ir upofl apiwal by flth applicant, finds. after pro- atith this titls. Vid~rl F'p eo Ll opIportuniit e for detailed conulients from tire Fed- -Aiirrf4,03Mutrr"RE eral w-ericy linvolvd Int from llietm state. that thle activity is consistent %with tim il Itre of ttiis title or i-i otherwise oc~cessary in thme interest C il.(a Tiee ctr isiiirze iddieteloetblh of nat ioal -erririt r- a Coastal Zone rfanapzeill-lt A&ihiiorv ( omimittee to Rvi sc. consuliti (d) Stite P.ii to--al gocvernalents stibtmittirig applications for Fedt- avithi, adiriICl-lrnelttoisto te "~ecretirv on illaitersr of policy USl]art- r uniter irthcr F-ederal tircraws nifectim-, tile coastal zonel voliteliiing the coastfal zolie. Suvih corlrrrtee sriill] bi ei d of not finiteindic te(ip views (If flt priaestatv or- local agnya oinoie titan fift-tli 1pil-sonmi ilelig~liatod ity tile SP'-ireta--w I a"I -rital per- the retlt 101(5 iip of Spirti actia tie-I to the auipro~vd mrana-- emnerut pro-- o-i tc uiin;ai P,-f n~ciawiwrastl --r'r graIn for the enris"I'l zone. Sit-II appilations shaht be suihotittd atur may direct. 1 lie, Sfcrret-ira sha ll in151ice that the connmirri' member. Coor~dii-atcr iii nrecorli flce Jilt i tiv roviinoi sIOI of title IV of tho Inter ship s" it gionli hp posse d I a hI) Id u vie o)f experiec anrnweg -ovrnwuta Coid~ritn A-t f 1)(;q S2 ~'tat. 10')nS). Federal agencr- relntling to pirob 015li I's i -i"ilia liinliternt, tS~r -lsrvstion, 1117- Nuw~nies salra trot approve propoeq pro 110eor ta tat are iu.-orusistt-rnt Willit a titonad deu-eiop'lrrien of co-u Il zonew re-smirre, coastal strite-s iiirie l weat qi ranltti eaiepit uttl~l a filidiiig by tile (b) Members of the conflinittP'twh ati ire not eiia fll-me SeCretata thkat sricli pro-iut is con;-w.-tent w-uith thle purposiesof, thi til nltlses of the Fnrited Staites, iihiiC lin o~unz I bilsiness of thne Or PICCess' ny iii thrin iter-st of tiilitimitl -ore rita-. ioiiimittee, inchirding- tran-etinre, lia-. receiac COnflpensatmiof lit rates (C) Notitijn- ill this titl e sall be rollstrlied- o- xc:eeding $100) pert diem; -d n-,wiile o eii a;-from their - 1) to ("iniisilns either F edera-i or stat- jilrisdiction' irCspoll~i- lIlilnes or reg"Illat llaees of biis-"u'isrs bten be iullowi-d traas~l exrienses, bility, or rigtits in thew tit ti of plaiinin-. il-velolupinnt. or cotitrol including aIer diiijj in lieu of rlrt-icas authorized hIl section- Of water r"-onrrccn-. srilluli-i"(i i:1fiiid. or fiavigatute Nvaters'; tior to -7i703 of title a, Inited States Codte, for individuals in the-Goveril- draplace, sup'trsede, jituiit. or iuudil ix- uy itit-tchllutorte nicnt sexrvice emnployed intermittentity. jUT'lsdICtioIl or reSilOnSibilitV Of ti~ny legally- est abI isliei I j oiit or cormnoll a-enca- of two or rnmr stat-s or of too or lllore- states anil FSTUA.RlIV F,.%N(-rlCAR3Y the Fedkeral novriiet;lt to Ijrif iithe authority of Cotngress S~.32 h ccea- nacrac ihrlsadr~sin to authorize and fuLnd j~rt-jvvq F.3-.Te S-ma% ntcs;newil unad erfiin (2) asste-eimr isuvltporpaigxsigasph. troiniilgiitd bY himii, is riu-tlorized to inakeP available to a co-.jtaI state cabl totdie vaiu ev-l:g- i ti- or tol _I-c ilursicin"rnt f LIP to 50 Prur Cenltuir of tile o-is of ellstn.dvhim-, Ewer-s. or pi-crottaitevs oft tIl' htterllatiuuimld joint Coliini'sion, rltd opt-ratioli of c~qatnririe Suimictimaria.S for tii0 p~ilPos of creauting- lie mttsadCanda tilPemann BordIalina hie d labomratorie's to gativri it-c itst and WIliak so-rllffi-s o' the - ti cdS at'sate1 Cllniie opea -tit Ic rmaetln g uteil emi, atu ral and iWIi1111:01 pros-cases oCt-irl-rill-mg l'iihil imtin en-tima rie, of thle aind tike Ulit-rI etntstliitireitita- or ert itiuts en-irblislied piur- tr~niZll.leIlerlsiieo h otteeihsih acur uSaitlt to tlie iut, Col II hie a~ I'ii- tr B:11in 3 II riV Sig 1,ed at V; aStt ii-tonzu.''l-Fl-a sllal! iofilctfo anr -ntu y Jaiuarcy- 1 7, 1tt -. nr t I L% I It v-r IIaimatu otlahI Bolliuta&try a I Id Iva ter COit I t- exrst -~uult NO Fuda-ral flulds mter-ived pimrsualut to raissoli. Uljlit'-ti S~atnit5 lklh �ilxivo. Fec-loon 30.5 or s-ection ;Jot slhshh he- umsd for thme purpose of this sectiona. (f Not niittrstaridini' Iails-oliver provision of this title. nothint-in thius~ Ititle aiill in Cifi wJay mmurctt all li e~j-ii eiieit- (1) -starbl ist i-,1 by the * Frdler-al 'Water 11Iiutilmnu Colillul Alt, ais anwitilel. or thie Clean- Air 'Siec 313. (it) Tile Secretary shall prepare aend submit to- tile Prw6.i Act, a itslill-il,-l or tnt i-t dilhdh te leulivrnl G oat-rntuent or by flmit for trwastuitrtaI to the ('iintrr--ns not litete thanf Noveiiik-r I of each any Staite or trniI t e rrin u-mit. pt rsi I alit tim sil~lli Arts. '-Boivh requIM ire- tr a Il-I-lrt. onl tliu- widiiiristri-itvial of t Ills title for thet pri-LxedimC fiscl' lPAitft nt r ill i-c Iiii lrpbrlar bar tlieiy progrii iii t 10 em1 em pu rstu int to Eear. TIer n-port shall fiendllimi,- i t. lii e twe rest ricteu to ( I ) lil idiutnt ifi- -- this title anIm~ nbairth ihe tw ater plhitiaton voutiirul aid air pollutiolin tll of ltue sNtv pitv- jmitniles aplprovemd ptirz,11:1m1t EOtis t in ti dinning (g) li ar~my ail- tit-se vommalal Zone llalg-i l- a rolralra, Riubmtitted (n2) IL listilint o flt I 'tl. 14n-tt pmilticipatting, in ti e Iwovi-rionis of tils i for aj~prov-.l or lpiqtlwoa-l folr iimiIihit-tmrno pltls'lanti, to setion ;ii; of kilautlltii ftie1an fun-isaes~r~-~adisa--n this till e, intl u ill-s rtn-~~~ iii relmiviltri- as otloei IIiw cias ol i islmlimt-hit MI Ofi u-i I it icm~eht -staheral pirn~l u-ar; ant iican zal- subjeet to aimy ["nat-rally suppiuthed national land %ist) progriamn which ti.ui of thmo ainti-ation of flulids to the Various .coUn-at stmuoss and a, Cl~pyriqkt it 1972 byu The Bure-au of Noatonal Affairs, Inc. FEDERAL LAWS ~ break owi of lie wt'rot projers ioil arrisq on whirl, ie. fmds INCri ngnrvF,%,. loral poierrninvfa, retrional orgnni?.:jtins. port roiflfrait-t.. 11o11, AILIL.pi oval., or %Niti tI jo'p-t to %% 111ll1 ~r-:ITits havi er l r'ifl Tp-10.itiolls as liaiuy I-C rf%'C'e.Sary to carry ont., thve pruvisions Of thj3 tPliiint4'd ,1thr 1.1-17tl fitt, Unll It !,t~iLNiaueiit Of the' ;u r Nlaf'us (it. ua ile. action ; ( )) a Ilu-f Iu' o f aIIi at i% ities :faud proj--ts %%a- 1uuu,1 .uapi~t to thlo I'lovisiouus of -it, i-- i foo ( v or soli-w tiot ((I ) of ~-, tiohi :97. are DOC 1111u-t'u aptIiI pi i. jroied t.:ac mana-vimafuut pro: JVTnt0iutZA'4IfOF o Al'rR()FIvutj,'MN' I- grin;()i smni:vo i ;--natiouis vici-.ual hv thu Sve-rtary orini effect difigitu'Ihe ru unVaicii tu[- Neuar; (7) a -IL1111luarv Of a SEC. 315. (a) There are alit hori zed to be riprorpriat, (-~ coorilitati-d natrirdtn ~-tmttta-y miroil;ruair.tif for th~ -Niition's coastal (1) the surn of i$)(Xlr or thc fiscal year erulin- June , zon iicludinr urt itnlidii d-cissuii f ijirid reriaauiIstae.1973, nodfor each of the ti'cal veoa- 1971 Uurourlla 1977 for- grants andu ot-l h ,-sI ti ibililhito andll fuuituo~ t u luivruum ( s) a ,molklurv of drscin3Jtorua lolha'iiI*x-,d out-landuing- proulenus arisin-- fir the AdrrIRIM-t ration of thNi lither in (2) sukvmro t ~ ;~l olb~' for. th"- fi'cil ypnx order eofI.. ... uniy; ad 0 ) biu(i ot icr iiifo inuituni as may be appro- endiig June;'-0, 197-1, avd for each of thliotsral y~ars I 95 . i The tapoit requoirv-] 1w sub-,ection (a) shiall rcontain --;rch recoin- vlalutlexeili;an (b)~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~~~~~~97 availayble w itil ex ir, u giadnts unde ctodtiorv mundations fun- additioiurl If--risiaition as the Secretary dvuems rieemssary 3(3) such Sums, tint to rxeaede SG,000,000 for the fiscal year end. to achieve the objectives of thistitle and eihanccmits v~i.ctmie operution. Ing Jue3,17,a ui enuesiv o rnsudrsmaton acrE.', AXT) 5Ec~~r~vflO~eS 312,toreoiain available unltle-x Vded. RVI-E-S AND REVIVI-1-l"TON's(b) 'Thered are .also authorized to rZ11appropriated such siums, not to Smc 314. The Seeru-tarv D-alil dovelopi and promulgzate, purskifnt exceei I.,3.000,OaJ0, for fiscal vear 19J73 and for each of the four Succeed. to s-ection 533 of title 3.5 United States (kxle. -after notice and oppor- ing fiscal years, as may be nece-sa~rv for administrative fexpenses tunity for fullI participirion by relevant Fedieral agencies, !!tate iicidenitto the admninist ration of thinstit-le. Reprinted from FEDERAL REGISTER THURSDAY, JANUARY 9, 1975 WASHINGTON, D.C. Volume 403 Number 6 ~ O PART I National Oceanic and * ~~~~~~~Atmospheric Administration NOTIE OF FiNAL RULEMAKING RULES AND REGULATIONS 1683 The regulations below set forth (a) was amended to reflect the requirement criteria and procedures to be utilized In of the National Environmental Policy revileving and approving coastal zone Act environmental impact statement management programs pursuant to sec- requirements. tion 306 of the Act, and (b) procedures 3. Several comments indicated that the by which coastal States may apply to States did not have a clear understand- receive admtrnistrative grants under see- ing as to what was meant under � 923.11 tion 306(a) of the Act. The criteria and (b) (4) which refers to Federal lands sub- procedures under (a) constitute the ject solely to the discretion of, or which "guidelines for section 306" referred to is held in trust by, the Federal govern- in 15 CFR 920. ment, its offcers and agents. This section The National Oceanic and Atmospheric has been amended in order to provide a Administration is publishing herewith procedure for identifying those lands the final regulations describing proce- which are within the framework of this dures for applications to receive adminis- section. trative grants under section 306 of the 4. Several commentators indicated Act. The final regulations and criteria that there was uncertainty as to what the published herewith were revised from the requirements of the national interest proposed guidelines based on the corn- were pursuant to � 923.15. This section ments received. A total of thirty-two (32) has been amended in order to more suc- States, agencies, organizations and indi- cinctly state what the requirements are viduals submitted responses to the pro- pursuant to this section and how a posed section 306 guidelines published in State must meet these requirements dur- the FoDERAL RlECISTER on August 21, 1974. ing the development and administration Of those responses received, nine--(9) of its coastal zone management program. were wholly favorable as to the nature At the request of several commentators, and content of the guidelines as they ap- several additions have been made to the peared in the FDmERA. REOSTrER on list of requirements which are other than August 21, 1974. Twenty-three (23) corn- local in nature. itle 15---Conmere ard Freign Trade mentators submitted suggestions con- 5. Several commentators indicated cerning the proposed Section 308 guide- that � 923.26, which pertains to the de- CHAPTER IX-NATIONAL' OCEANIC AND lines. gree of State control needed to imple- ATMO0SPHERIC AW"fiSTRATION The following analysis summarizes key ment a coastal zone management pro- -PART 923--COASTAL ZONE MANAGE- comments received on various sections gram, did not offer sufEcient guidance in MENT PROGRAM APPROVAL REGULA- of the draft regulations and presents a interpreting the legislation. In response TIONS rationale for the changes made: to these comments, � 923.20 has been ex- The National Oceanic and Atmospheric 1. Several commentators asserted that panded to include specific examples of Administration (NOAA) on August 21, the guidelines did not adequately reflect how a State may implement this section. 1974, proposed guidelines (originally the environmental considerations con- 6. Comments received indicate there published as 15 CFR Part 923). pursuant tained in the Act. No changes were made was some misunderstanding in interpret- to the Coastal Zone Management Act of in response to these comments since the ing � 923.43, which deals with Geographi- 1972 (Pub. L. 92-583, 86 Stat. 1280), guidelines more than adequately reflect cal segmentation. This section has been hereinafter referred to as the "Act," for the environmental concerns in the legls- substantially amended in order to tndi- the purpose of defining the prccedures'y lation as evidenced in part by the com- cate that the segmentation issue refers to vWhcrr tSa- S aqajuy to receive ad- ment section under 923.4: geographical segmentation of a State's inunstratlve grants under the Act. Management progranms will be evaluated i coastal zone management program. The written- commtents wekre be sub- the light of the Congressional findings and requirements for a State to receive ap- mitted to the Office of Coastal Zone policies as contained In Section 302 and sec- proval on a segmented basis are clearly Management, National Oceanic and At- tlon 303 of the Act. These sections make It set forth in the amendment to the regu- mospheric Administration, before No- clear that Congress. In enacting the legisla- lations. tion, was concerned about the environmental 7. Extensive discussions have taken veber 22, 1974, and consid egradatiton, damage to natural and scenic place with various elements of the U.S. been given these comments. areas, loss of living marine resources and Environmental Protection Agercy (EPA) The Act recognizes that the coastal wlldlife. decreasing open space for public use nr zone is rich in a variety of natural, corn- and shoreline erosion being brought about by concerning the applicabtilty of air and mercial, recreational, industrial and population growth and economic develop- water pollution recluirements to the esthetic resources of immediate and po- ment. The Act thus has a strong envLron- development, approval and implemen- tential value to the present and future mental thrust, stressing the 'urgent need to tation of State management programs well-being of the nation. Present State protect and to give high priority to natural pursuant to � 923.44 of the )rcpcsed reg- and institutional arrangements for plan- ystems In the coastal zone. ulations. State coastal zone management ning and regulating land and water uses 2. Several comments were received on programs have also been surveyed in or- in the coastal zone are often inadequate the necessity of the Secretary of Corn- der to determine current and anticipated to deal with the competing demands and merce preparing and circulating an en- problems, issues and cpportunities asso- the urgent need to protect natural sys- vironmental impact statement on each ciated with carrying out the require- temrns in the ecologically fragile area. Sec- individual State application as required ments of section 307(f) of the Coastal tion 305 of the Act authorizes annual by � 923.5. The National Environmental Zone Management Act, and � 923.44 of grants to any coastal State for the pur- Policy Act, 42 USC 4332, and imple- the draft approval regulations. Con- pose of assisting the State in the devel- menting regulations, 38 FR 20562, August solidated EPA comments have been re- opment of a management program for 1, 1973, require an environmental im- celved, together with State reviews, and the land and water resources of its pact statement be prepared and cir- one comment from the private sector. coastal zone (development grant). Once culated on each individual State's ap- Specific clarifications and changes as a a coastal State has developed a manage- plication. An environmental impact result of these reviews are contained in mentprogram, it is submitted to theSec- statement shall be prepared on each in- �� 923.4, 923.12, 923.32 and � 923.44 of O retary of Commerce for approval and, if dividual State's application by the Sec- these regulations. approved. the State Is then eligible under retary, primarily on the basis of an 8. One commentator objected to the Section 306 to receive annual grants for environmental assessment, and other amount of detail required in section 306 administering its management program relevant data, prepared and submitted applications and the undue adminlstra- (admnistrative grants). by the Individual States. This section tive burden proposed pursuant to Sub- FEDERAL REGISTER, VOL 40, NO. 6-THURSDAY, JANUARY 9, 1975 ]~|C~~~~~ ~RULES AND REGULATIONS part F of the proposed regulations. lThe ATr:nr.rrv: Sd '3tnat. 1200 (t; it s.v I:- 11!1 ol f Act, ,aiti e:l dc:; tiot * revisions attempt to both clarify and re- 1464). II M';iO i ti,' v11h'1'l' duce those requirements, while still re- Subpart A-General Section 306 oD the Act. quiring sufficient information for the "Use rf regional benefit" mrans a itnil Office of Coastal Zone Management to 923.1 Puro or water u.se that typica 'v-ro-crie approve marnagement programs and (a) This part establishes criteria and B'eits to a significant area beyond the make sound funding decisions. procedures to be employed in reviewing boundai es of a singl rni ol le lwet Accordingly, having considered the and approving coastal zone management le-vi ot local, genarailpurpose govern- comments and other relevant informa- programs submitted by coastal States -f-t. lion, the Administrator concludes by and for the awarding of grants under , P Sectio~~~~~n30 ofo the actwar3Suydi5~ng of grants under adopting the final regulations describing Section 306 of thle Act. 923. Slism of l: nt tile procedure for application to receive (b) The Act sets forth in sections 305, pOn. prcdmiisraie gaptplie scation rec06 administrative grants under section 306 306 and 307 a number of specific re- (a) Upon completion of the deveio, - of uhe Act, as modified and set forth urements which a management pro- ment of its management pre;orm, a of the Act, as modified and set forthA- gram must fulfill as a condition for ap- State shall submit the program to the ~~~~~below. ~ proval by the Secretary. These require- Secretary for review and final approval Pffe-'tive date: January 8, 1075. ments are linked together as indicated in accordance with the provisions of in the subparts which follow. Presenta- these regulations. A program submitted DatedJ: January 6, 1975. tion of the State management program for final approval must comply with all ROBERT MI. WHITE, in a similar format is encouraged since of the provisions set forth in Subparts Administrator, National Oceanec it will enable nlore prompt and sys- A-E of this part. including, in partic- and Atmospheric Administra- tematic review by the Secretary. How- ular, Subpart C, which requires that cer- tion. ever, there is no requirement that a tain authorities and plans of organiza- Subpart Aneral State present its management program tion be in effect at the time of the sub- e ~ Supsa AGnrlin the format which corresponds exactly mission. 923.1 Purpose. to the listing of categories below. The (b) Optionally, the State may. submit , 323.2 Definitions. broad categories are: Land and Water for the preliminary approval of the Sc- 323.3 Submission or management pro- Uses, Subpart B; Authorities and Orga- retary a program complying with the 911Egrams. nization, Subpart C; Coordination, Sub- substantive requirements of th's part, 9214 Evaluation of management pro- part D; and Miscellaneous, Subpart E. but for which the proposed authorities grafrs--general. 023.5 Environmental impact assessment. Subpart F, Applications for Admlnistra- and organization complying wilth the -Land and Water Uses tive Grants, deals with applications for provisions of Subpart C are not yet legal- ~~~~~~~Subpart n-Lndadministrative grants upon approval of ly effective. In reviewing a program sub- 323.10 General. State coastal zone management pro- mitred for preliminary r.pproval. the 3)23. IlBoundary of thep co~astal zone. 973.11 2 undarr of the cnsta zone, grams which will be subject to periodic Secretary may grant such approval sub- D:l Permirsible land ttnd water ues. 92313 Areas of particular concern., review by the Secretary in accordance ject to establishment of a legal regime 923.14 Guidelines on priorities. with Section 309 of the Act. In addition providing the authorities and organiua- 923.15 National interest facilities. to providing criteria against which State tion called for in the program. If the 923.16 Area designation for preservation and coastal zone management programs can State elects this option, it sh!! conr.tinue restoration. be consistently and uniformly judged to be eligible for funding under Section 923.L7 Local regulations and uses of re- in the approval process and establish- 305 bu it shall not yet be eligible for ~~~~~~~~~~~~~~~~~~~~0 ttit sallnt e be eligbe fort gional benefit. ing procedures for the application by funding under Section 306 of the Act Subpart C-Authorilies and Organization States for administrative grants, it is until such time as Its program is fi.ally 923.20 General. the intent of this part to provide guid- approved. Upon a showing by the State 923.21 Mean! of exerting State control over ance to coastal States in the develop- that authorities and organization neces- land and water uses. 923.22 Organizational structure to Imp!e- ment of manaement programs. There- sary to implement the program v;t!ich 2 met t2e 3nllagement program. fore, many of the sections dealing with has received preliminary approval are in 923.23 Designation of a single agency. approval requirement in the subparts effect, final approval shall be granted. 923 24 Authorities to administer land and are followed by a "comment" which re- water uses. control development fers to a section or sections of the Act Comment. The purpose of' the optional "s~t~p and resolve conflicts. and indicates the interpretation placed procedure is to provide a State with an. cp- 2-3 23 Authorities or property acquistion portuniey for Secretarial rv!Lew of its nr.- 923 25 Atehnit ies for pnropertyan a nustio upon the requirements of the Act or the gram before State legislation is eliac ed to 923 2G Techniques for control of land and water uses, regulation by the Secretary. put the program Into legal efevr. Some ~~~Subpart MD--C~~~~oordinat~~ ~~on ~~ 925.2 States may prefer not to utilize the option:li Subpart -Coordinatin� 923.2 Definilions. procedure, especially those which h';e leg- 923.30 General. In addition to the terms defined in islative authority enabling the col--:ai ro: a 923.31 Full participation by relevant bodies the Act and 15 CF, 920.2, the following agency of tile State to put tie program inho in the adoption of management terms shall have the meanings indicated effect by administrative action. In n.y cve:et. programs. below: the Office of Coastal Zone Managemen.t will 923 J2 Consultation and coordination with "Final approval" means, with respect be available for congultatuon during all other planning. to a coastal zone management program. phases of dcvelopment of 'he progam. Subpart E-Miscellaneous approval of a program which terminates (c) States completing the requi'e- 923.0 General. the eligibility of the State for grants ments set forth in Subpart B--Lan;d and 923.41 Public heartng. under Section 305 of the Act and makes Water Uses, and Subpart D-Ccord:na- 923.42 Gubernatorial review and approval the State eligible for grants under Sec- tion, will be deemed to have fulfilled tthe 923.43 Segmentation. tion 306 of the Act. In cases where a statutory requirements associated w'ith. 923.44 Applicability of air and water pollu- State has elected to follow the geo- eachcritelia. If, however. a State chco-es lion control reqluirements. tion control requirements graphical segmentation option pursuant to adopt alternative methods and proce- Subpart F-Applications for Administrative to � 923.43, final approval will appll dures, which are at least as comprellen- Grants 93~3.50 General, only to that specific geographical seg- sive as the procedures set forth below, 92. 0General. 92351 tAdministration of the progr am. ment. The State will continue to remain for fulfilling those statutory require- 023.52 State responsibility. eligible for development grants pursuant ments contained in Subparts B and )D, 923 53 Allocation. to Section 305 of the Act for the re- they may do so upon prior written ap- 923.54 Geographical segmentation. Inainder of the State's coastal zone. proval of the Secretary. The States are 923.55 Application for the initial admlnis- "Preliminary approval" means, with encouraged to consult with the Offce of trative grant. 923.56 Approval of applications. respect to a coastal zone management Coastal Zone Management as early as -923.57 Amendments. program, approval of a program which possible. 923 Z8 Appllcations for second and subse- does not terminate the eligibility of the Comment. The thrust of the Act is to en- quent year grants. State for further grants under Section courage coastal States to exercli- their full FEDERAL REGISTER, VOL 40, NO. 6--THURSDAY, JANUARY 9, 1975 RULES AND REGULATIONS 1683 authority over the lands and waters In the Congress, in enacting the legislation, was and considered. In this connection, develop- coastal zone by developing land and water concerned about the environmental degrada- ments outside the coastal zone may olten use programs for the zone, including uni- tion, damage to natural and scenic areas, loss have a signifLcant impact within the coastal fled policies, criteria, standards, methods of living mnrine resources and wildlife, de- zone and create a range of public problems and processes for dealing with land and creasing open space for public use and shore- and issues which must be dealt with Ln the water uses of more than local significance. line erosion being brought about by popula- coastal zone management program. While the Act mandates a State to meet ape- tion growth and economic development. The The Secretary encourages the States to clfie statutory requirements in order for the Act thus has a strong environmental thrust, develop objectives toward which progress can State to be eligible for administrative grants, stressing the "urgent need to protect and to be measured and will review program nub- it does not require the State to follow ape- give high priority to natural systems in the missions in this light. While It i3 recognized cific processes in meeting those require- coastal zone." A close working relationship that many essential coastal zone mrnaga- ments. The Secretary will review any State between the agency responsible for the ment objectives are let quantfiable (eg. management program that meets the re- coastal zone management program and the public aspirations, "quality of life"), ot-ers qulrements contained In Subparts B and D agencies responsible for environmental pro- are, and shourd be set forth in me-.urable in addition to the other subparts contained tection is vital In carrying out this legis- terms where feasible (e.g. shore erosion. herein. lative intent. States are encouraged by the beach access, recreatlonal demand, energy Act to take into account ecological, cultural, facility requirements). Identifying and an- � 923.4 Evaluation of managenlent pro- historic and esthetic values as well as the alyzing problems and issues in measurable grams--general. need for economic development in preparing terms during the program development phase (a) In reviewing management pro- and implementing management programs will facilitate the formulation of meanur- through which the States, with the particl- able objectives as paxt of the approval sub- grams submitted by a coastal State pur- pation of all affected Interests and levels of mission. suant to � 923.3, the Secretary will eval- government, exercise their full authority over uate not only all of the individual pro- coastal lans and waters. � 923.3 Environmental impac aess- gram elements required by the Act and Further assistance in meeting the intent ment. set forth In Subparts B-E of this part, of the Act may be found in the Congression- Individual environmental impact btut the objectives and policies of the al OOmmittee Reports associated with the statements will be prepared and circu- State program as well to assure that they passage of the legislation (Senate Report 92- lated by NOAA as an integral part of the are consistent with national policies de- 753 and House Report 92-1049). It is clear re consistent with national policies de- from these reports that Congress 2htended review and approval process for State clared in Section 303 of the Act. management programs to be comprehensive coastal zone management programs pur- ,, (b) Each program submitted for ap- 'and that a State must consider all subject suant to the National Environmental proval shall contain a statement of prob- areas which are pertinent to the particular Policy Act (Pub. L. 91-190, 42 USC 4321 lems and issues, and objectives and poll- circumstances which prevail in the State. A et seq) and its implementing regulations. cies. The statements shall address: comprehensive program should have con- The Administrator of NOA_ will circu- (1) Major problems and issues, both sidered at least the following representative late an environmental Impact statement within and affecting the State's coastal elements: prepared primarily on the basis of an en- (I) Present laws, regulations, and appli- none; - cable programs for attainment .of air and vironmental impact asessment and other (2) Objectives to be attained inL r- water quality standards, on land and water relevant data submitted by the individual ver-men er0 &a- uses, and on environmental management by applicant States. i-ncoo, rim mnad institutional aX- all levels of government; r ng e n enhancing manage- (2) Present ownership patterns of the land Subpart -ad aR Water Uses m~-q capability involving issues and and. water resources, including admlnlstra- � 923.10 General. prourmei-m dTentiflation. conflict resom- tion of publicly owned properties; tion-,rM'UItion and administrative'effi- (3) Present populations and future trends, (a) This subpart deals with and nd including assessments of the Impect of pop- water uses in the coasa zone which are ciey t th State and loc level; ulation growth on the coastal zone and es- subject to the management program. J) OLjectivesof the program pres- tuarine environmenits; (b) In order to provide a relatively ervation, protection, development, resto- (4) Present uses, known proposals for simple framework upon which discus- ration and enhancement of the State's changes and long-term requirements of the sion of the specific requirements aso- coastal zone; coastalzone: osazn; elated with this subpart may proceed, (4) Policies for the protection and c;fl (5) Energy generation and transmission; elated with this subpart may roceed, ~(4) oiisfr h rtcio o-(6) Estuarlne habitats of fish, shellfish and it may be helpful to categorize the vari- servation of coastal zone natural sys- wildlife; ous types of land and water uses which tems, cultural, historic and scenic areas, (7) Industrial needs; the Act envisions. renewable and non-renewable resources, (8) Housing requirements; (I) The statutory definition of the and the preservation, restoration and (9) Recreation, including beaches, parks, landwvaii portion of tn coasta jone u economic development of selected coastal wildlife preserves, sport fishing, swimming states that it 'extends inland from the zone areas. ~~~~~~and pleasure boating; zone areas. and pleasure boating; shrrebfM~ oruy To tne extent necessary (c) The Secretary will review the (10) Open space, including educational to cntrol shorelan ds, the uses xe ncsRich and natural preserves, scenic beauty, and to control shorelands the uses oIw-'Vich management program for the adequacy public access, both visual and physical, to have a direct and sntficant- ff n of State procedures utilized in its devel- coastlines and coastal estuarine areas; a waers. ilus, e coastal opment and will consider the extent to (11) Mineral resources requirements; onre 'Ii include those lands and only which its various elements have been (12) Transportation and navigation needs: those lands where any existing, pro- integrated into a balanced and compre- (13) Floods and flood damage prevention, jected or potential use will have a "di- hensive program designed to achieve the eosIon (including the effect of tides and cur- rect and significant impact on the coastal asrents upon beaches and other shoreline waters." Any such use will be subject to above objectives and policies. areas), land stablity, climatology and me- Comment. Evaluation of the statutory re- teorolog; the terms of the maantent proS-am, quirements-established in this subpart will (11) Communication facilites pusuant to Section 3(b) (2). concentrate primarily upon the adequacy of (15) Commercial fishing; and (2) There may wesl be uses of certain State processes In dealing with key coastal (16) Requirements for protecting water lands included within the coastal zone problems and issues. It will not, In general, quality and other important natural re- which will not have such "direct and sig- deal with the wisdom of specific land and sources. nificant imnact." Such uses may be sub- water use decisions, but rather with a deter- The list of considerations is not meant to be ject to regulation by local unit.s of gov- muinatlon that in addressing those problems exclusive, nor does it mean that each con- ernment within the framework of the and issues, the State Is aware of the full sideration must be given equal weight. State management program. range of present and potential needs and initiative to determine other relevant factors (3) Th Act also relres that man- uses of the coastal zone, and has developed and consider them in the program is essen- 3Tet a sreues than procedures, based upon scientific knowledge, ttal to the management of the coastal zone agement Progms contain a method of mental policies, for making reasoned choices - In assessing programs submitted for ap- regulations within-"Te 'oastal 'zone do and decisions. proval, the Secretary, in consultation with fiot uneasnablY-rl--,t '6F' r _xclude Management programs will be evaluated in other concerned Federal agencies, will ex- idad wat'& et." the light of the Congressional findings and amine such programs to determine that the an--- a._ policies as contained in Sections 302 and 303 full range of public problems and Issues af- T requirement is described more fully of the Act. These sections make it clear that fecting the coastal zone have been Identified in � 923.17. FEDERAL REGISTER, VOL 40, NO. 6-TIHURSDAY, JANUARY 9, 1975 ~163SG~~~ ~RULES AND REGULATIONS (c) As part of the State's manage- the Act regardless of whether those uses (3) A State's coastal zone must in- ment program. it must address and ex- are founmd. upon analysis, to be "per- clude transitional and intertidal areas, ercise authority over the following: missible." The coastal zo0 mst Iclude salt marshes, wetlands and beaches. (1) Land and water uses twhich have within it trloselands which have any Hence the boundary determination pio- a dfrect and significant impact upon oric nT. ruoiectea or potential uses cedure must include a method of identl- copstal waters. These uses are described which have a direct-arid significianiiEn- fying such coastal features. In no ca.;e, more fully in � 923.12. p-T~upon the coastal waters and over however, will a State's landward coastal (2) Areas o! particular concern. Sec- Wi-tcn tne terms of the management zone boundary include only such areas tion 305(b) (3) specifies that the man- pro-ram will be exrced. In ome in the absence of application of the 1;ro- egement program include an inventory States, existing regulations controlling cedure called for herein or in � 923.43. and designation of areas of particular shoreland uses apply only in a strip of (4) Since the coastal zone excludes concern within the coastal-zone. Section land of uniform depth (e.g. 250 feet, lands the use of which is by law subject 923.13 deals more thoroughly with this 1,000 yards, etc.) behind the shoreline. solely to the-discretion of, or wh!ch is statutory requirement. Such areas must Such a boundary will be acceptable If held in trust by the Federal government, be considered of Statewide concern and it approximates a boundary developed itg officers and agents, the coastal zone must be addressed in the management according to the procedure outlined boundary must identify such lands which program. above and extends inland sufficiently for are excluded from the coastal zone. In (3) Siting of facilities necessary to the management program to control order to complete this requirement, the meet requirements which are other than lands the uses of which have a direct State should indicate those Federally local in nature. The management pro- and significant impact upon coastal owned lands, or lands held in trust by the gram must take "adequate consideration waters. States may wish, for admainistra- Federal government. and over which the of the national interest involved in the tive convenience, to designate political State does not exercise jurisdiction ns to siting of facilities necessary to meet re- boundaries, cultural features, property use. In the event that a State fails to quirements which are other than local lines or existing designated planning and identify lands held by an agency of the in nature" (Section 306(c) (8)). This re- environmental control areas, as bound- Federal government as excluded lands. quirement is more fully discussed in aries c the coastal zone. While the Sec- and the agency, after review of the pro- 923.15. retary will take into account the desir- gram under Section 307(b). is of the abilitvo loentuying a coastal zdne opinion that such lands should be ex- 323.1 wnach is easily regulated as a whole, the cluded, the disagreement will be suhbject (a) Requirement. In order to fu1.19 sectlon of the boundaries of the coastal to the mediation process set forth in said the gcuirement containe in Sectinn q05 zone must bear a reasonable relation- section. C) . themanagement roam mst s'Tn to the statutory rpniremrent. Noth- show evidence that the State s deel- ing in this part shall preclude a State � 923.12 Permissible land and water oped andapplfed a procedure for iden- from exercising the terms of the man- ues. titing the boundary of the State's agement program in a landward area (a) Requirement. In order to fuL!I cui teeng the sttutn fl- more extensive than the coastal zone the requirements contained in Section nition o0 the coastal zone contained in called for in this part. If such a course 305(b) (2), the management must show Section -Ta. . mnmum this pro- is selected, the boundaries of the coastal evidence that the ; -_M :1s developed cea6ure should result in: zone must nevertheless be Identified as Yi7T1 al :i ud p._.Id.ir? ngi (1) A determination of the inland above and the provisions of the Act will ".;rissbibIo. ind -and waer Fusc. 1:qtin boundary required to control, through be exercised only in the defined coastal in astlzone ,which hPe - dvrct 'and the management program. shorelands zone. It should be borne in mind that the si-ftiicant impact upon the cat-aTI.a- the uses of which have direct and sig- boundary should include lands and fters,"wnich inccludes, at a mimn.m- nificant impacts upon coastal waters, waters which are subject to the manage- (1) a method for relating various spe- (2) A determination of the extent of ment program. This means that the cific land and water uses to impact upon the territorial sea, or where applicable, policies, objectives and controls called coastal waters, including utilization of of State waters in the Great Likes, for in the management program must be an operational definition of "direct and (3) An identification of transitional capable of being applied consistently significant impact," and intertidal areas, salt marshes, wet- within the area. The area must not be so (2) an inventory of natural and man- lands and beaches, extensive that a fair application of the made coastal resources, (4) An identification of all Federally management program becomes difficult (3) an analysis or establishment of w.ned lands, or lands which are held in or capricious, nor so limited that lands a method for analysis of the capability trust by the Federal government, ifs of- strongly influenced by coastal waters and suitability for each type of resource ficers and agents in the coastal zone and and over which the management pro- and application to existing, projected or over which a State does not exercise any gram should reasonably apply, are potential uses. control as to use. excluded. (4) an analysis or establishment of a (b) Comment. Statutory citation: See- (2) Inasmuch as the seaward bound- method for analysis of the environmen- tion 305(b) (1): ary of the coastal zone is established In tal impact of reasonable resource util- Such management program shall include the Act, the States will be required to zations. an Identification of the boundaries of utilize the statutory boundary, I.e. in the (b) Comlment. Statutory citation: the coastal zone subject to the management Great Lakes. the international bound- Section 305(b) (2) programs. ary between the United States and Can- Such management program shall includa Useful background information con- ada. and elsewhere the outer limits of the � � a definition of what shall constltut3 cening this requirement appears in Part United States territorial sea. At present, permissible land and water Uses with.a the 920.11, wkich is Incorporated int o t h i s ~ coastal zone which have a direct and sig- this limit is three nautical miles from the coastal :one which hae a direct Knd My- 920.11, which is Incorporated Into this appropriat i asthreenauicl es feonrom ifie cant impact upon the coastal waterS. part by reference, appropriate baselines recognized by in- part by reference. ternational law and defined precisely by Useful background information concern- (1) Theakeyato successful completion the United States. In the event of a stat- ing this requirement appears in 15 CFRi of this requirement lies in the develop- utory change in the boundary of the ter- 920.12, which is incorporated into this ment-nlnd use of a procedure desig-"ned to ritorial sea, the question of whether a part by reference. Completion of this re- itenciy tne ja w extent of the corresponding change in coastal zone quirement should be divided into two coasal zone. Included in tIs p ure boundaries must be made, or will be distinct elements: a determination of muse method ormf- those made by operation of law, will depend on those land and water uses having a di- i"snhremnts, the uses 0r which have a the specific terms of the statutory change rect and significant impact upon coastal idii~ec5 anal slm~Iicant impact upon t~.e diect an signicant imact upon te and cannot be resolved in advance. In waters, and an identification of such cdastai waters." These uses shall be con- side-reedthesarme as the "land and water the waters of Lake Michigan, the bound- uses which the State deems permissible. uses" described in � 923.12, reflecting the ary shall extend to the recognized bound- (1) Section 305(b) (4). In identifying requirements of Section 305(b) (2) of aries with adjacent States. those uses which have a "direct aimd sig- FED5tAL REGISTER, VOL 40, NO. 6-THURSDAY, JANUARY 9, 1975 * ~~~13G~6 ~RULES AND REGULATIONS (c) As part of the State's manage- the Act regardless of whether those uses (3) A State's coastal zone must in- ment program, it must address and ex- are found, upon analysis, to be "per- clude transitional and intertidal areas, ercise authority over the following: missible." The coastal zone nust include salt marshes, wetlands and beachen. (1) Land and water uses which have within it tio-ose lands which have any Hence the boundary determination pio- a direct and significant impact upon Et r'cteor Motntialuses cedure must include a method of Ideinti- coastal waters. These uses are described which have a direct-and sL-ific,,ant uim- fying such coastal featuref-s. In no caae, more fully in � 923.12. pe-Fupon the coastal waters and over however, will a State's landwa.rd coastal (2) Areas o/ particular concern. Sec- T/Mcn one terms of the management zone boundary include only such areas tlon 305(b) (3) specifies that the man- p-roram wil- be execed. In -ome in the absence of application of tlhe i;ro- agement program include an inventory States, eisting regulations controlling cedure called for herein or in � 923.43. and designation of areas of particular shoreland uses apply only in a strip of (4) Since the caotal zone excludes concern within the coastal-zone. Section land of uniform depth (eg. 250 feet, lands the use of which is by law .ubject 923.13 deals more thoroughly with this 1,000 yards, etc.) behind the shoreline. solely to the-discretion of. or which is statutory requirement. Such areas must Such a boundary will be acceptable if held in trust by the Federal government, be considered of Statewide concern and it approximates a boundary developed it, officers and agents. the coastal zone must be addressed in the management according to the procedure outlined boundary must identify such lands which program. above and extends inland sufficiently for are excluded from the coastal zone. In (3) Siting of facilities necessary to the management program to control order to complete this requirement. the meet requirements which are other than lands the uses of which have a direct State should indicate those Federally local in nature. The management pro- and significant impact upon coastal owned lands, or lands held In trulst by the gram must take "adequate consideration waters. States may wish, for administra- Federal government, and over which the of the national interest Involved In the tive convenience, to designate political State does not exercise jurisdiction as to siting of facilities necessary to meet re- boundaries, cultural features, property use. In the event that a State falls to quirements which are other than local lines or existing designated planning and identify lands held by an agency of the in nature" (Section 306(c) (8)). This re- environmental control areas, as bound- Federal government as excluded lands, quirement is more fully discussed in aries c the coastal zone. While the Sec- and the agency, after review of the pro- � 923.15. retar will take into account the desir- gram under Section 307(b). is of the aiaiotcotln. ,f ientlying a coastal zone opinion that such lands should be ex- .~, )2~ Bounaris ozoe wlHehiseasily regulated as a whole,-the cluded, the disagreement will be subject (a) Requirement. In order to fQ. lfUl sfecteion of the boundaries of the coastal to the mediation process set forth in said the e.tuirernent contasnedin SectionS05 zone must bear a reasonable relati6n- section. (o) (I). the management "a t s"in to the statutory rt o!,irement. Noth- --~~t~eWP~Iti4P~l~ N �923.12 Permissible land and water sh~ow evidence that the State has devel- ing in this part shall preclude a State 9 e dp-~-and a~~~pl~~ed a procedure for idqn- ~~~uses. op andapplied a procedure for iden- from exercising the terms of the man- tifcyilg tn ourndary of the State's agement program in a landward area (a) Requirement. In order to fulfill c d eeung the statu tory efi- more extensive than the coastal zone the requirements contained in Section nrtion oF the -coarstal zone contained In called for in this part. If such a course 305(b) (2), the management mu.t s!how * S~ection - --3ij.{a. at a mimum this pro- is selected, the boundaries of the coastal evidence that t e 't nas cse'e!oped cesu- hould result in: zone must nevertheless be identified as aR= "p , " Cr-ng (1) A determination of the inland above and the provisions of the Act will "rmssibl n an war uses in boundary required to control, through be exercised only in the defined coastal tne coastal zone wmcn na;e e direct and the management program, shorelands zone. It should be borne in mind that the ipa uo th t the uses of which have direct and sig- boundary should include lands and ters, wnicninc.uesata r.u nificant impacts upon coastal waters, waters which are subject to the manage- (1'a method for relating various spe- (2) A determination of the extent of ment program. This means that the cili land and water uses to Impact upon the territorial sea, or where applicable, policies; objectives and controls called coastal waters, including utlization of of State waters in the Great Likes. for In the management program must be an operational definition of "direct and (3) An identification of transitional capable of- being applied consistently significantimpact," and intertidal areas, salt marshes, wet- within the area. The area must not be so (2) an inventory of naturcl and man- lands and beaches, extensive that a fair application of the miade coastal resources, (4) An identification of all Federally management program becomes difficult (3) an analysis or establishment or rwned lands, or lands which are held In or capricious, nor so limited that lands a method for analysts of the capability %WA.W.',luenced by coastal waters and suitability for ach tyiie of resource trust by the Federal government, ifs of- strongly influenced by coastal waters fleers and agents in the coastal zone and and over which the management pro- and application to existin, projected or over which a State does not exercise any gram should reasonably apply, are potentia uses. control as to use. excluded. control as to use. excluded. (4) an analysis or establishment of a (b) Comment. Statutory citation: See- (2) Inasmuch as the seaward bound- method for analysis of the environmen- tion 305(b) (1): ary of the coastal zone Is established in tel impact of reasonable resource utili- tion 305(b1(1): ~~~ary of the comstal zone is established in zations. the Act, the States wi~ill be required to ztms Such management program shall Include (b) Coment. Stutory citation: tho I an identification of the boundaries of uCtilie the statutory boundary, i.e. in the Section 305() (2): the coastal zone subject to the management Great Lakes, the international bound- programs. ary between the United States and Can- Such management program shall Include ada, and elsewhere the outer limits of the 1 a definition of what shall constltut3 Useful background Information con- UieStesertoale.Atpspermtssible land and water rses witar'n nh United States territorial sea..At present, hnd Si- cerning this requirement appears in Part coastal zone which have a direct and sig- 920.11, which is Incorporated Into this this limit is three nautical miles from the lficant Impact upon the costail waters. appropriate baselines recognized by in- part by reference. ternsational law and defined precisely by Useful background information concern- (1) iekyto successful completion the United States. In the event of a stat- ing this requirement appears in 1- CFR of this requirement ies in the d-velop- utory change in the boundary of the ter- 920.12, which is incorporated into this newTm-n-ia use of a procedure designed to ritorial sea, the question of whether a part by reference. Completion of this re- iaentici Ti e lan-;::ra exten nof-the corresponding change in coastal zone quhrement should be divided into two costal zone. Included in t re boundaries must be made, or will be distinct elements: a determination of must-be a methodr oeriiu' . those made by operation of law, will depend on those land and water uses having a di- "sS'gl-So --.t'h-e uses or :hich have a the specific terms of the statutory change rect and significant impact upon coastal * difLc anc significant impact upon the and cannot be resolved in advance. In waters, and an identification of suchl coastai waters." These uses shall be con- the waters of Lake Michian the bound- ses which the State deems ermissibe. sicTe-rHe-d -ame as the "land and water the waters of Lake Michigan the h aie uses" described in � 923.12, reflecting the ary shall extend to the recognized bound- (1) Section 305(b) (4). In identifying requirements of Section 305(b) (2) of aries with adjacent States. those uses which have a "direct and sig- FEDP.AL R:GISTER, VOL 40, NO. 6-THURSDAY, JANUARY 9, 1975 RULES AND REGULATIONS 1 87 nifcant impact," the State should define surrounding resource utilization and Useful background information concern- that phrase in operational terms that which will have a tolerable impact ing the requirement appears in 15 CfR can be applied uniformly and consist- upon the environment. These analyses, 920.13, which is incorporated here by ently, and should develop a method for in part, will be provided through exist- reference. It should be emphasized thLat relating various use. to impacts upon ing information on environmental pro- the basic purpose of inventoCring and coastal waters.- Existing, projected and tection programs, and should be sup- designating areas of particular cor:cern potential uses should be analyzed as to plemented to the extent necessary for within the coastal zone is to express some the level and extent of their impact, be determining the relationship between measure of Statewide concern about it adverse, benign or beneflcial, intra- land uses and environmental quality. them and to Include them within the state or interstate. These impacts should Where a State prohibits a use within purview of the management prograznm. then be assessed to determine whether the coastal zone, or a portion thereof, it Therefore, particular attention i: re- they meet the definition of "direct and should identify the reasons for the pro- viewaing the management program -:!ill be significant impact upon coastal waters." hibition, citing evidence developed In directed toward development by the State (These are the ones by which the bound- the above analyses. It should be pointed of implementing policies or actions to aries of the coastal zone are defined.) out that uses which may have a direct manage the designated areas of partic'- Those uses meeting that definition are and significant impact on coastal lar concern. automatically subject to control by the waters when conducted close to the � 9314 Guidelines on priority of U � 923.14 G uldelines on p~riorhly 0� u-ec. management program. shoreline may not have a direct and (2) In determining which land and sgnificant impact when conducted (a) Requirement. The management water uses may he deemed permissible, further inland. Similarly, uses which program shall include broad policies or a State should develop a method for as- may be permissible in a highly indus- guidelines governing the relative priori- rsuring that such decisions are made in trialized area may not be permissible in ties which will be accorded in particular an objective manner, based upon evalua- a pristine marshland. Accordingly, the areas to at least those perinissbl- land tion of the best available information definition may also be correlated with and water uses identified pursuart to concerning land and water capability and the nature- (including current uses) and � 923.12. The priorities will be based upon suitability. This method should inude location of the land on which the use is an analysis of State and local needs as siat a m inimum: to take place. The analyses which the well as the effect of the use on the area. ()at a minimum: State will undertake pursuant to this Uses of lowest priority will be specifcally (i) An inventory of s ignificant natural ction should also be useful in satisfy- stated for each type of area. and man-made coastal resources, includ- ing the requirements.of � 923.13 through (b) Comment. Statutory citation: Sec- ing but not limited to, shorelands, 923.17. tion 305(b) (5) beaches, dunes, wetlands, uplands, bar- rier islands, waters, bays, estuaries, bar- ' 923.13 Areas of particular concern. Such magemeb program shall - -bors~ and~~ te clude * � broad guidelines on priority ol bors and their associated facilities. This (a) Requirement. In order to fulfill the uses In particular areas. Lcluding specifcally should not be construed as requiring requirements contained in Section 305 those uses of lowest priority. long-term, continuing research and base- (b)(3), the management program must line studies, but rather as providing the show evidence that the- State has made As pointed out in 15 CFR 920.15 the basic information and data critical to an inventory and designation of areas priority udlis sill set io- the successful completion of a number of re- ~~~~degree of State interest 1: :':~'r, re~.~2v-- successful completion of a number of re- of particular concern within the coastal d o Ste inte quired management program elements , uch designations shall be based iL, conservation ard oleandv ae zone. S ~~~~~~~~ 'uch desinsrations sand b e _ ~j bas'ed~o States are encouraged, however, to con- upon a review of natural and man-made ment of specilnie areas -nc:ucalm :ile tinue research and studies as necessary coastal zone resources and uses, and nose areas ot par-;cuiar concern idernti- to detect early warnings of changes to upon consideration of State-established fie"l in � 923.13 within tne coasral -ore, coastal zone resources. It is recognized criteria which include, at a miniru, anhdt..al=e the basis for r2 li tng that in some States a complete and de- those factors contained in 15 CFR 920.13, land and water uses in t-e coastal z- e tailed inventory of such resources may namely: p s a common rc7erence pinlt for be expensive and time consuming in re- (1) Areas of unique, scarce, fragile or eSde- lation to the value of information vulnerable natural habitat, physical fea- linewi ccsful vulne~~~~~~~~~~~~crabe natra haiat phsi;cc al f gathered in the development of the man- ture, historical significance, cultural nrrtioa-am since t-.e will agement program. Much information, of value and scenic importance; prowde a -ramework hn w which the %W' course, already exists and should be in- (2) Areas of high natural productiv- Staeq n eal, ge- nts tegrated into the inventory. The Secre- ity or essential habitat for living re- rhona oes tary, in reviewing this particular sources, including fish, wildlife and the sPecmncproposas fo r v Pe .,iv- requirement, will take into account the various trophic levels in the food web ities reas of th cneta 2. nature and extent of the State's coast- critical to their well-being; In order to develop such broad guideines, line, the funding available and existing (3) Areas of substantial recreational the management progruam shall indicate data sources: value and/or opportunity; that a method has been developed and (/i) An analysis or establishment of (4) Areas where developments and pplied for (1) analyzing State needs a method for analysis of the capabil- facilities are dependent upon the utiliza- which can be met most effectively and Ities of each resource for supporting tion of, or access to, coastal waters; efliciently through land and water uses various types of uses (including the (5) Areas of unique geologic or topo- in the coastal zone, and (2) determining capability for sustained and undimin- graphic significance to industrial or corn- the capability and suitability of meeting ished yield of renewable resources), as mercial development; these needs in specific locations in the well as of the suitability for such re- (6) Areas of urban concentration coastal zone. In analyzing the States' source utilization when evaluated in where shoreline utilization and water needs, there should be a determination conjunction with other local, regional uses are highly competitive; made of those requirements and uses and State resources and uses. Resource (7) Areas of significant hazard i2 de- which have Statewide, as opposed to capability analysis should include veloped, due to storms, slides, floods, ero- local, significance. Section 302(h) of the physical, biological and chemical param- sion, settlement, etc.; and Act states in part that land and water eters as necessary. (8) Areas needed to protect, maintain use programs for thl coastal zone should include "unified policies, criteria, stand- (iii) An analysis or establishment of or replenish coastal lands or resources, include "unltsad policies, criterta, stand- a method for analysis of the impact of including coastal flood plains, aquifer re- rds, methods and processes for dea various resource uses upon the natural charge areas, sand dunes, coral and other with land and water use decisions of environment (air, land and water), reefs, beaches, offshore sand deposits and more than local significance." The in- Based upon these analyses and appli- mangrove stands. ventory and analyses of coastal resources cable Federal, State and local policies (b) Comment. Statutory citation: Sec- and uses called for in � 923.12 will provide and standards, the State should define tion 305(b) (3). the State with most of the basic data permissible uses as those which can be Such management needed to determine the specific loca- Such management program shall Include reasonably and safely supported by the an inventory and designation of area tions where coastal resources are resource, which are compatible with of parttcular concern within the coastal zorn. capable and suitable for meeting State- FEDERAL REGISTER, VOL 40, NO. 6-TIURSDAY, JANUARY 9, 1975 163S * RULES AND RCGULATIONS wide needs. In addition, these analyses than one locality (generally, the lowest can be supplied only through the urge of should permit the State to deterrine muilt of local, general-purpose govern- facilities in the coastal zone in order possible constraints on development ment, excluding situations such as with to make rcmsonable provision for such which may be applied by par-ticular uses. cities and counties which exercise con- facilities in light of the size and popu- The proaram should establish special current jurisdiction for the same geo- lation of the State, the length and char- procedures for evaluating land use deci- graphic areas). In order to provide as- acteristics of its coast and the contribu- sions, such as the siting of regional sistance to the States in completing this tion such State Is already making to energy facilities, which may have a sub- requirement, a listing is presented below regional and national needs. This will stantial impact on the environment. In which identifies those requirements require the State to enter into dlscus- such cases, the prograrm should make which are both (1) other than local in sions with appropriate Federal agencies provision for the consideration of avail- nature, and (2) possess siting character- and agencies of other States in the re- able alternative sites which will serve the Istics in which, in the opinion of the gion, a process which should beign early need with a minimum adverse impact. Secretary, there may be a clear national in the development of the mana-arnlent The identifying and ordering of use pri- interest. For each such need, there is a program so that the full dimensions o[ orities in specific coastal areas should listing of associated facilities. In addi- the national irnerest may be considered lead to the development and adoption of tion, the principal cognizant Federal as the State develops it pi';r::rn State policies or guidelines on land and agencies concerned with these facilities (� 923.31 and �923.32). The management water use in the coastal zone. Such pal- are also listed. This list must not be con- program should make reference to the Icies or guidelines should be part of the sidered. inclusive, but the State should views of cognizant Federal agencies as management program as submitted by consider each requirement and facility to how these national needs may be met the State and should be consistent with type in the development of its manage- in the coastal zone of that particular the State's specified management pro- ment program. Consideration of these State. States should actively seek such gram objectives. Particular attention requirements and facilities need not be guidance from these Federal agencies, should be given by the State Wo applying seen as a separate and distinct element particularly in view of the fact that all these guidelines on use priorities within of the management program, and the management programs will be revirwed those "areas of particular concern" des- listing is proviled to assure that the with the opportunity for full comment tted pursuant to � 923.13. In addl- siting of such facilities is'not overlooked by all affected Federal agencies prior to tf. States shall indicate within the or Ignored. As part of its determination approval. It is recognized that Federal management program uses of lowest of permissible uses in the coastal zone agencies will differ markedly ill their priority in particular areas, including (� 923.12), as well as of priority of uses abilities to articulate policies regarding guidelines associated with such uses. ( 923.14), the State will have developed utilization of individual State's coastal a procedure for inventorying coastal re- zones. NOAA's OPce of Coastal Zone ~923.15 Natlional interest in the ring sources and identifying their existing or iM!anagement will encourage Federal of fas�iiifie. O~f fazcilitie,~ potential utilization for various purposes agencies to develop policy statements re- (a) RequiremenL A management pro- based upon capability, suitability and garding their perception of the national gramn which integrates (through develop- impact analyses. The process for re- interest in the coastal zone and make snent of a body of information relating sponding to the requirements of Section these available to the States. The States to the national interest involved in such 306(e) (8) should be identical to. and should also consult with adjacent and siting through consultation with cognri- part of, the same procedure. No separate nearby States which share similar or zant Federal and regional bodies, as well national interest "test" need be applied common coastal resources- or with e- as adjaclient and nearby States) the siting and submitted other than evidence that gional interstate bodies to determine how of facilities meetings requirements which the listed national interest facilities have regional needs may be met in siting fa- are of greater than local concern into been considered in a manner similar to cilities. Specific arrangements of "trade- the determination of uses and areas of all other uses, and that appropriate con- offs" of coastal resource utilization Statewide concern, will meet the re- sultation with the Federal agencies listed should be documented with appropriate quirernments of Section 306(c) (8). has been conducted. As a preliminary to supporting WIvidence. The importance of (b) Comment. Statutory citation: Sec- adequate consideration of the na- this type of Interstate consultation and tlon 306(c) (8): tional interest, the State must determine cooperation in planning cannot he over- prior to granting approval of a manage- the needs for such facilities. Manage- emphasized for it offers the States the -eat progrmun submitted by a coastal State, ment programs must recognize the need opportunity of resolving significant na- a Secretary shall flnd that � � � the man- of local as well as regional and national tionil problems on a regional scale with- ~4&tsement program provides for adequate con- ideration of the national interes Inol populations for goods and services which out Federal intervention. inealo.o the nationgofaclitiaees invledesr Po m ee in the siting of facilities necessary to meeit Reiremets which are other than local in nrwure and in Ite clUng of which t Uh'e ra, be a clear nalionl interei (wth requirements which are other than local In aecialed facilzies and coonizan2 Fr.er.a acence) nature. This policy requirement is intended to Requirements Associated facilities Cogilizant Fed,,isrl atgnacles assure that national concerns over fa- cility siting are expressed and dealt with 1. Energy production and transuri- Oil and gas wells: torage and dlistri- Federal Energy Admislstralion. in the development and implementation sion. butlon f.wilitfes; refineries; nu- Federal V'eer Comwleion, Itu. clearI,. cop ventlonal, ad Ilydra- rvau of Lad .neaenent, Alorio of State coastal zone management pro- electric powerplimts; deepwater Energy Cnmnis.iun. \iRatire Ad- grams. The'requirement should not be portsinism~lion. (Suln Srve. D)epartment of Transportation, construed as compelling the States to Corlps of Engineers. propose a program which accommodates 2 Recretio(ontertatenatureationtoa l amshlores. parks, rorets: Naional Park S,:rvice, Forest Serv- lirue and out'arding beaches and Ice, Bureau of Outdoor leecreation. certain types of facilities, but to assure recreltioonal waterlrontas; wildli,) that such national concerns are included reservee. at an early stage in the State's planning a. Interstate transpaottlo -........... Interstate hlghway. airports, alds Federal lighwav Admilnrstr-ation, to navigation; ports and harbors, Federal Aviation Admni.,-tr.ion. activities and that such facilities not be railroads. Coas Guard. Corps of Engileers, arbitrarily excluded or unreasonably re- Maritime CAdmmnil rn. Inr- -tatin Gornnwrce commf&,ion. stricted in the management program 4. Production of food and filber-.-... Prime agricultural land and fweil- Soil Conservation Service. Foret. Without good and sufficient reasons. It tis: lforets; Iiaticulture facilities; Service. kish a.nd Wildlite lervi(,. fisheries. Natiornal Marine Fikherers Servie. is recognized that there may or may not 5. PreservaLlon o life and property.... -Food and storm prote'tion racil- Corps of Engineers, Feder'.l luolr- be a national interest associated with ties; di.aeter warning [cilit'es. ance Administralion, NOAA, Soil Congcrvatinn ServAce the siting of facilities necessary to meet S National defen and nd Crospace._.... rilitary inataliioons; defrcnse man- .Departmnt of Defensa, NASA. requirements which are other than local ufacturing facilities; aerou-fPe in nature. Requirements which are other iuhn aed irai nl en. 7. 1lIstorle. cultural, estheic and con- Iston csiles: natural Keas; areas of National Regsterof flistor,. lI'nc, than local in nature shall be considered servatioa values. unique euitwl, s;zificalince; will- Nitional l'ark Service. l'i{h ate those requirements which, when ful- life refueres: areasq of speeie, ond Wildlife SPrvie-, NaUtional atrlo, ha lita t ,re,..rvaiion. Fisheris Service. filled, result in the establishment of f a- . Mlneral resources.........-....--..... Mineral estracuon facilities needed Bureau o[ Mines Ceologicil Survey. to direcllt o-upport aclivity. cilities designed clearly to serve more FEDERAL REGISTER, VOL 40, NO. 6--THURSDAY, JANUARY 9, 1975 '2UlES AND REGULATIONS 1689 �~ 92316 Arera (lth l fat' pFrj - excluda Lnan and wFater uses of regional the State has identified a means for con- 9Z.6 ra --10k -Pr-e" i IMEter ion and restoration. (an) equ!rement. In order t fUlfli the 'This requiremnent is Inte.nd.t3l2l. vent 'i 0 requirement, contained In F_-ection 308(c) !Fi - 1~i~Si.~L l ieCALIW-.l. {'n I.Ud fand -aer iusi._-LihC : oa;ia (), the management prognrun mut show ea-ltrarily excludlgctaia _u id � ___I.l.d evidence that the State has developed wE.T-r sei. _ which are de-med oxprqr.nengq - w~T~-r-'Yt~is which re dev~ieme fip and applied standards and criteria for tarlw'Fi, hhana inent o( lcal Tof ievn cost in ,i the designation of-areas of conservation, go'. '_ :.__.u . re-e o fre n i; ibitveacnsrl n Ji recreational, ecological or esthetic values i fL se of reional benefit will c nand oter aor for the purpose of preserving and restor- be one which provides services or other ~I~~ng them. ~benefits to citizens of more than one unit controls. as (b) Comment. Statutory citation: ec- of local, general-purpose government Set at utorment b t .bWnor (excluding situations such as in cities or esinated legal oceriithe V ~on 306(c) (9): ~and counties which exercise jurisdiction statuallUNy has ai p im- Prior to granting approval of a manage- over the same geographic areas). In psie-mnrte author es, ichu ig Tnose ment program submitted by a coastal State, the 8ecretawy shall find that " * the man-i t the man- order to assure that arbitrary exclusion c~il i Section (d), reqred agement program mak.es provislon for pro- does not occur, the tate ust first implement the objectives, policies and cedures whereby speciftic areas may be delta- identify those uses which it perceives individual components of the program. nated for the purpose or preserving or Will affect or produce sme regional (b) Comment. Statutory citation: restoring them for their conservation, recre- benefit. This designation would normally Section 305(b) (4): atlon, ecological or esthetic values. be derived from the inventory and anal- Such management program shall Include o that contaned In � 923.13, dealing with any event, however, these uses should which the State proposes to exert control designation of areas of particular con- include those contained in the table of over the land and water uses refeered to in cern. Unless the State can make a cam- � 923.15. In 'additlon, the State may paragraph (2) of this.subsectlon, includlnt a pelling case to the contrary, all areas determine that certain land and water listing of relevant constitutional provisions, legislative enactments, regulations a.d Judl. designated according t9 the methods uses may be of regional benefit under cldecsins regto ad Judi. called for In this part shall also be con- certain sets of circumstances, the State sideread as axeas ol particular concern. should then establish standards and Statutory citation: Section 306(c) (7) sldered as are~~~~~~~~~~~~~~Satutor ptcularin Scton 30(c)7) (2) This requirement is reasonably criteria for determining when such con- Prior to granting approval of a manage- self-explanatory. The State must de- ditions exist There should be no blanket ment program submItzed by a coastal State. velop procedures for the designation of exclusion or restrictions of these uses In the Secretary ahall find that * the areas with certain characteristics. -the areas of the coastal zone by local regu- state has the authorities nece_-ary to im- State, in doing so. must: lation unless It can be shown that the plelnent the program. including the author- 8ta~~~e. In doinX so, must: ~~~~~ ~~typ requlxed under subsection (d) o! th!~ (I) Establish standards and criteria for exclusion or restriction Is based upon Y required under subsection (d) o th the possible designation of coastal areas reasonable considerations of the suit- n. intended for preservation or restoration ability of, the area for the uses or the Useful information concerning this 're- because of their conservation, recres- carrying capacity of the area. The re- quirement appears in 15 CR- 92.!4. tional, ecological or esthetic values, and quirement of this section does not ex- which is incorporated into this part by 0(1) Apply those sltandards and criteria elude the possibility that in specific areas reference. The key words in this re0uire- to the State's coastal resources. (in this, certain uses of regional benefit may be ment are, "to exert control over the the inventory associated with the re- prohibited. However, such exclusions land and water uses." This reflects the quirement of � 923.13 will be most help- may not be capricious. The method by Congressional finding that the "key to f"A.) d.~~~~ which the management program will more effective protection and use of the (3) The requirement of the statute assure that such unreasonable restric- land and water resources of the coastal goes to the procedures rather than sub- tions or exclusion not occur in local land zone is to encourage the States to exer- stance; the fact that a State may be and water use decisions will, of course, cise their full authority over the lands unable to move rapidly ahead with a be up to the State, but it should include and waters in the coastal zone program of preservation or restoration the preparation of standards and criteria It Is not the intent of this part to specify will not prevent the program from being relating to State interpretation of "un- for the States the "means" of control; approved. The State should also rank in reasonable restriction or exclusion", as this is a State responsibility. The State order of relative priority areas of its well as the establishment of a continuing must, however, describe in the manage- " coastal zone which have been designated mechanisms for such determination. ment program its rationale for develop- for the purposes set forth in this section. Subpart C-Authorities and Organization Ing and deciding uIn such "means." As funds become available, such a rank- The "means" must be capab le of actually Ing will provide a set of priorities for � 923.20 General. Implementing the objectives, policies selecting areas to be preserved or re- This subpart deals with requirements and individual components of the man- stored. that the State possess necessary authori- agement program. As such, requirements ties to control land and water uses and shall be reviewed in close conjunction � 923.17 Local reg'laiioas and uses of that it be organized to implement the with � 92324, 923.25 and � 923.26. relat- regional benefil management. It should be emphasized Ing to actual authorities which the Stat2 (a) Requirement. In order to fulfill that before final approval of a coastal must possess. The management program the requirement contained in Section zone management program can be given should also Indicate those specific land 306(e) (2), thie management program by the Secretary of Commerce, the au- and water uses over which authority, must show ei ence e ' has thorities and organizational structure jurisdiction or control will be exercise] c -a opedad pp le a methT'leod for de- called for in the management program concurrently by both State and Federnl termlning uses of regionai benefit. and must be in place. Preliminary approval, agencies, particularly those uses affecting '-at-.it has established a method for ag- however, can be given to a proposal water resources, submerged lands and s'%Ing tt local an and water uise which will require subsequent legislative navigable waters. The management prc- controls in the coastal zone__d nou -' or executive action for Implementation gram must provide for control of land reamMf5lM or aritrriY restrict or ex- and eligibility for administrative grants and water uses in the coastal zone, a]- cliide those uses ot regional Denet. - under Section 306. though the exercise of control may toe XE)-Comm-) n O t. cI atuory ciuiaion: Sec- 923.21 MaofexertingStatecontrol vested in, or delegated to, various agen- � 92~.2]. lMans of exerting Sta~te control tion 306(e) (2) Ovr lnd ad water use: cies or local government. As part of th3 over land and walter uses. approval of a management progr'm, the Prior to granting approval, the Secretary (a). Requirement. In order to ful]ill aproal man mt p m, shall also find that the program provides o Sec ret ary must find that the means for � � for a method of rssuring that local the requirements controlling land and water uses identi- land End water use regulatlona within the 305(b) (4) and 306(c) (7), the- fled in � 923.21 are established and in �O;stsal zone do not unreasonably restrict or meat program must show evidcnce that place, and that the means include the FDEWR.. UEGISTER, VOL 40, NO. 6--THURSDAY, JANUARY 9, 1975 1690 RULES AND REGULATIONS Inthorities contained in � 923.24 and the Act. Review of the management pro- and to rslve cofllets among conlpe-ulih W923.25. This firlding will be based upon grant for compliance with this require- nset; o . doc(umentation by the Governor of the ment will be undertaken as a single re- This reqUirement shall be revi'eti ill coastal State or his designated legal offi- view with review of the requirement close conjunction with that of �s 923.2l, er that the State possesses and is pre- contained In � 923.31, full participation 923.25 and � 923.26, dealing with author- pared to implement the requisite au- by interested bodies in adoption of man- ities which the State's organizational thorities. agement programs, and � 923.23, desig- structure must possess In order to ensure � 923.22 Organization al structure to nation of a single State agency. implementation of the management pro- plenient hle mnriagelnenl program. � 923.23 Designation of a single agency. gram. The language of this requirement makes it clear that the State may choose (a) Reqitirement. In order to fulfill the (a) Requirement. In order to fulfill the to administer its program using a va- requirement. contained in Section 305(b) requirement of Section 306(c) (5), the riety of levels of governments and agen- (6), the management program must_ cn- management program must contain ap- cies, but that if It does, the State must tain escription o owthe State is or- propriate documentation that the Gov- have available to it the authorities spec- � ,lz-fc/ to implement the authorities ernor of the coastal State has designated ifid. idr,-_neci in i Y.. n acidllion, the a single agency to be responsible for re- na 5gement program must contain a ceiving and administering grants under } 932.25 Authorities for property acnlt- certification by the Governor of thle Section 306 for implementing an ap- sition. State or his designated legal officer that proved management program. (a) Requirement. The management the State has established its organiza- (b) Cortment. Statutory citation: Sec- program shall contain documentation tional structure to implement the man- tion 306(c) (): by the Governor or his designated legal agement program. Prior to granting approval of a manrage- officer that the agency or agencies, in- (b) Comment. Statutory citation: Sec- ment programn submitted by a coastal State, cluding local governments, areawide tion 305(b) (6) the Secretary shall find that * the Gov- agencies, regional or interstate agen- Such management program shall In- eror of the State has designated a single cies, responsible for implementation of c]� * * a description of the organizational agency to receive and administer the grants the management program have available st are proposed to Implement the mn- for implementing the management program s: re proposed to implement the mnan- fo mlmnigtemnp~tpgm the power to acquire fee simple and less aPin proram, including _the responsi- required under paragraph (1) of this subsec- power to acqure fee simple and less bllties nd interrelationsinpsof local, rea-ti thanr fee simple interests in lands, waters and other property through condemna- wide, State, regional and interstate agencies This requirement is closely related to tion or other means where necessary to in the management procss. that contained in � 923.22, relating to a achieve conformance with the manage- Statutory citation: Section 306(c) (6): description of the organizational struc- ment program. Where the power in- Prior to grant.ng approval of a manage- ture which will implement the manage- cludes condemnation, the State shall so nlent program submited by a coastal State, ment program. While this requirement is indicate. Where the power includes other the Secretary shall find that . . . the State self-explanatory, it should be pointed out means, the State shall specifically iden- is organized to implement the management that States will undoubtedly come for- tify such means. roramn-requlred under paragraph (1) of this ward with a wide variety of organlza- (b) Comment. Statutory citation: Sec- bsection. tional structures to implement approved tion306(d) (2): Usefl bckground iormation nnd management programs. Some will prob- Useful back-round information and Pirt rnigapoa fteiaae guidance concerning this requirement ably be quite complex, utilizing a vaiety Prior to granting approval of the manage- ment program, the Secretary shall find that appears in 15 CFR 920.16, which is in- of control techniques at a number of go- the State, acting through its chosen agency corporated into this part by reference. ernmental levels. Nothing in this part or agencies, including local government.;, The iegislative history of the Act makes should be construed as limiting the op- areawide agencies designated under Section it clear that the States should be ac- tions available to a State for implement- 204 of the Demonstration Cities and Metro- corded maximum flexibility in organiz- ing its program. The purpose of the re- politan Development Act of 1966, regional ing for izoplemerntation' of their coastal quirement is simply to identify a single agencies or interstate agencies, has authority zone mnagement programs. Thus, agency which will be fiscally and pro- for the management of the coastal zone in oneither thect nor this part progvide asn grammatically responsible for receiving accordance with the management program. oneitenir zatie onal model which mus part bpre fl- and administering the grants under See- Such authority shll include power � I I to o~--an;~zational model which must be fol- ~acquire fee simple and less than fee simnple d. While individual State programs tion 306 to implement the approved man- interests in lands, ,waters and other prop- ii/v~ have a wide rar.nge of interstate, agement program. erty through Condemnation or other means State, local or areawide agency roles to � 923.24 Authorities to admi-ni.ter land when necessary to achieve conformance with play, the program will be reviewed closely and water lses, control development the managementprogram for assurance that it constitutes an or- and re-olve conflicts. In most cases, it winll not be necessary ganized and unified program. Consistent (a) Requirement. (1) The manage- to acquire fee simple ownership. Nor- :vi:h ti:s pr.nciple. there must he a clear ment program must contain documenta- mally, appropriate use restrictions will point of responsiv fUor the program, tion by the Governor or his designated be adequate to achieve conformance with 0lt ourg proram LMplemenTau i FMay legal officer that the agencies and ov- the program. In other cases, an ease- b6 undertaken u, -cvt-iaSltate eaities. ernments chosen by teeto a nin- ment may be necessary to achieve con- In those cases, where a complex inter- istei. , tanagerenprogram have the formance with the management pro- agency and intergovernmental process is au-MM- -cmn s cer andan'ater gram. Where acquisition is necessary, established, the State must submit a de- regUit'fr',control develop-ent in ac- this section contemplates acquisition by scription of roles ni!SPinni;tilC of cordance with thqfe mana1g1e.;rogram condemnation or through other means. - heaca i at n how such eact ofthef participants and ho such ant eso'lT use conflicts. However, the mere authority to acquire r anai r. lites contribute to a (b) Comment. Satutory citation: Sec- an interest in lands or waters by pur- u dfd coastal zone 119enr ur- tion 306(d) (1) : chase. from a willing vendor will not be grTT.-This description should be suf- Prioi' to granting approval of the manage- sufficient in cases where the acquisition ficihiy detailed to demonstrate that a ment program, the Secretary shall fnd that of Interests in real property is a neces- coherent program structure has been the State, acting through its chosen agency proposed by the State and the State is or agencies, Including local governments, prepared to act in accordance-with the areawide agencies designated under Section In such cases, the power of condemna- objectives of the management program. 204' of the Demonstration Cities and Metro- tion need be no broader than necessary &Althougrh the Act does not prescribe the politan Development Act of 1968, regional to achieve conformance with the pro- cAtionof acetra ame agncyagencies, or interstate agencies, has authority gram. For example, if a State's program cretioof ah centrhl ma nagemle it enincy tefor the management of the coastal zone in includes provisions expressly requiring at the State level, it envisions the accordance with the management program. th that power transmission lines and pipe- creation of a coastal zone management Such authority shall include power * * to entity that has adequate legislative and/ administer laud and water use regulations, lines be located in specified energy and or executive authority to implement the control development In order to ensure transportation corridors to minimize en- policies and requirements mandated in compikauce with the management program vironmental impact, and for State ac- FEDERAL REGISTER, VOL. 40, NO. 6-THURSDAY, JANUARY 9, 1975 RULES AND REGULATIONS 1691 quisitton of such transportation corri- m;nt pla4s, projects, or land and water sultation and cooperation with such dora, then the State should have the regulations, Including exceptions and bodies has taken place and will continue power to acquire corridors for such pur- variances thereto proposed by any State in the future. poses through .condemnation. It is not or local authority or private developer, 923.31 Fl11 a i ony rlevant necessalry th~at the power to acqluire real � 923.31F11pripaonb'rean with power to approve or disapprove af- necessary that the power to acquire real L e p , r -' b-.ies in ip , f-ge- property be held by any one particular ter public notice and an opportunity for h, flt TI. k nms agency involved in implementing the hearings." This ontion leaves the local --n p r management program. The authority uLt of provernrnentre t L g (a) eq eent. In order to fullI the of rov- ~ ~~~~~ (a) Tequilelent. In order to fulfill the must, however, be held by one or more ordinances or reulations without State requirement contained in section 30b(c) agencies or local governments with a crteria 'and standards other than the (1), the management program must statutory responsibility to exercise the pr}Ogtam Itself, bi~t subjec s certain ac- show evidence that: authority without undue delay when tlnhy the local urnit of ov-ernment-to (1) T management p-o-ram has necessary to achieve conformance with al1omatlc State review including public been formally acoptec in accordance the management program. noftce and a hearing when requested by 19Ttn htate law or, in its a:bsence, admn- apartyi'. Suchactions include: is-auIve regulations; � 923.26 Techniques for citrol of land --iT"-doption of land and water use T'gTT-Stat has notified and pro- and water uses. regulations, ordinarily in the form of a vided an opportunity for full prticipa- I ~~~~~~~~~~~~~~~~ttO~ In the development of its mna~nae--" (a) ReqzlIremnent. The management zoning ordinance or regulation. ti in tne development of its inage-' ] program mutt contain documentation by (ii) Granting of an exception or varx- rntfl prog-ram to all public and jivate the ;overnor or his designated legal of- ance to a zoning ordinance or regulation. afeTTes and orani7 tions which -re li- fleer that all existing. projected and po- (iii) Approval of a development plan Mle to be- affected . orma ve a tential land and water uses within the or project proposed by a private develop- coastal zone may be controlled by any er. This may be defined to exclude ap- gram. The submission of the manage- one or a combination of the techniques proval of minor projects, such as small nT6pro9ram shall be accompanied by a s- lish- list~~~~~~~~~identifpogry hal the ageciecdompaniedb- specified in Section 306(e) (1). residences or commercial establish- listidenfying theagencies and organi- (b) Comment. Statutory citation: ments, er those which do not have a zations referred to in paragraph (a) (2) ~Section 306(~e) (1) significant impact. of this section, the nature of their In- (4) It should be noted that State re- terest, and the opportunities afforded Prio~~~~~~~~~~~~~~~~~~repet, ~_Andin approvalnities affotrde Prior to granting approval, the Secretary view is for consistency with the manage- such agencies and organizations to par- 'hall lso fnd th one or a combination of the ment program, not of the merits or of ticipate in the development of the man- fowng general techniques for control the facts on which the local decision is agement program. These organizations the facts on whlcoh the local decision ls ?laornd agdwaerd tzteswihnine te consteol baed laa63~d an~d water uses wi~thai~ the ca based. should include those. identified pursuant zone: (5) The State may choose to utilize to � 923.32, which have developed local, only one of the specified techniques, or areawide or interstate plans applicable (1) Section 306(e) (1) (A) "State es- more than one, or a combination of them to an area within the coastal zone of the tablishment of criteria-and standei Tor in different locations or at different Stateasof January 1 of the yearinwhich loc=i inpIemn ton, sujec o adain- times. Within the parameters set forth the management program is submitted lstram.ve review and enforcementof com- in the requirement, there is a large va- for approval; and plianee." T'C option rfeate priety of tools which the management (3) The management program will C() to eStslisjh gere n er a anriteri -n and- program cod dopt for controlling land carry out the policies enumerated in sec- to and--, ~~~~~~program cotfld adopt for controlling land ar s i tin te ramework __f the oastal and water uses. The or_ C. -m--hould tion 303 of the Act. zone --T)o-73.rn mr m oii by idlenitify thb tecbnlnues for contin4 of (b) Comment. Statutory citation: Sec- locr goi.men Such criteria and land and water uses which it Inteds to tion 306(c) (1): standil-a~dwoulTd provide for application use Ior existing, projected and potential Prior to granting approval of a m..nage- ofcriteria and standards to specific local of criteria and standards to specic local uses witin the c zone. This re- mnenit program submitted by a coastal State, conditions. Implementation by a localusswtnte o.azn.T conditions. Implementcation by a lof quirre-i ---aTr l Dreviewed In close con- the Secretary shafl find that ' (t)he State unit of government would consist of junction with those contained in �� 923. has developed and adopted a management adoption of a suitable lcal zoning ordl- 21 923.24 and 923.25. dealing with State program far Its coastal zone in accordance nance or regulation, and enforcement authorities to implement the manage- with rules and regulations prornm!gatd by on a continuing basis. Administrative ator m the Secretary, after notice, and with the op- ment proem'am. prlnt ffl atcpto yrlvn review at the State level requires pro- portunity of full participation by relevant I'Ah.0 vision for review of local ordinances and Subpart D--Coordination Fderal agencies, State agencies local gov- ernments, regional organizations, port au- regulations and local enforcement ac- � 923.30 Ceneral. thorities, and other interested parties, pub- tivity for consistency with the crite-ria and standards as well as programs, not One of the most critical as ect pres of thich Is tdequatn to cns- review of sr)ic C-sess on the nerits. In d' dew zon o out the purposes of this title and is cosist- review of specific cases on the merits. nOfS e coast,~ne mn- ent with tha policy declared In section 303 the event of deficiencies either in regu- ag~ -ent p--rams will be the abiliti of wf this title. lation or local enforcement, State en- trmzm"ti=Da t ulv with the netw-ile forcerient of compliance would require 0t public, qiuasi-public and private boaies This requirement embodies the actual either apprwpriate changes in local re- an assist in the develoot.ent approval by the Secretary of Commerce either appropriate changes in local reg- o .Saescal oem~~~mn ulation or enforcement or direct State process and which may be significantly of a State's coastal zone management intervention. impacted by the implementation of the program pursuant to all of the terms pr ogram. Each State will have to develop of the Act, plus associated administrative (2) Section 306(e) (1)(B) "Direct its ethos for accommodating, as rules and regulations. As the operative ita6wnmetholadn for accommodating ans State land and watr use planning and appropriate, the waring, often conflict- section, it subsumes all of the require- regulation."'" Under this optten-- tale riatio."~ Under this ot tate ing interests of local governments, water ments included in this part, which shall would become flirectly involved in the etlwould become Re iedlanved ain the and air pollution control agencies, be considered the "rules and regulations es- rn7os a d woldlaTnta hese regidnal agencies, other State agencies promulgated by the Secretary" men- and v-;oud__aPPTv7 e and bodies, interstate organizations, tioned insection 306(c) (1). The citation, reg ulatio ns to in div~du!llcs~ial Y;7.,~eras. Incue o scitialn regulations to inVualcses. nit commissions and compacts, the Federal however, also includes some specific ad- dctlerm~natgons regarding land and water government and iterested private ditional requirements, for which guid- use in the coastal zone would be made bodies. It is the intent of these require- ance and performance criteria are at the State level. This option pre- ments for coordination with govern- necessary. These additional requirements empts the traditional role of local go- mental and private bodies to assure that Include: mental and private bodies to assure that ia ld: ernment in the zoning process involving the State, in developing its management (1) Adoption of the management pro- Ilands or waters within the coastal zone. lands or waters within the coastal zone. program, is aware of the full array of gram by the State. The managemeut pro- (3) Section 306(e) (1) (C) "State ad- interests represented by such organiza- gram must demonstrate that it repre- ministrative review for consistency with tions, that opportunity for participation sents the ofticial policy and objectives of the management program of all develop- was provided, and that adequate con- the State. In general, this will .equire FEDERAL REGISTER, VOL 40,-NO. 6-THURSDAY, JANUARY 9, 1975 1 6'j2 RULES AND REGULATIONS * dk u ~ntr' ionin tho. m-,na natent pro- (2) A listing of the specific contacts thoim, or which are commonly r'cccgnzed gra'ki that tied Slate m~alnagemnent entity miade with all such entities in order to DY thle en ity uts a guide fur Iation. The has fornmil13 -_(loptedl tile rnanagomeast coordiniate time management programn lizt of relevant agencies roequired undcr programrl in ,iccorcdance with either the with thexir plans. 9 23.31 waill be of use in mneeting this rules and piocedurcs established by (3) Ani identification of the conflicts requiremnent. It will enables the State~ to s' 't'Itte, o is, tile absence of such lawi, with those plans whbich have not been identify those entities mentioned in (A) at: ~in,~t' regultions. resolved through coordination, and con- whc av uhpln n to pcovido_ O2. oni-i-unitv forr full, Ilaticitlatiols tinuing actions contemplated to -attempt eiec htcodnto ihte hb'"' . ices. State 27,en- to resolve them, and has taen place. Th,- piocess ervonze C ("r gI h e remlonjl orga- (4) Indication that a regular consul- should rnot only enable a -State to avoid 111:1,'u Yorir ?S ' _adther tive miech-anism has been established and conflicts betw~een its program,, and other inte~ ~ C~-Cl n-rt orinvte..A is active, to undertake coordination be- plans applying within its coastal zon"'. .~or itrm~ a' te Ac'i - cncr for tween the single State agency designated hut to dr~aw -upon the planning cap,,bili- in ~uv the pursuant to ~5 923.23, and the enltities irs ties of a wide variety of loca~l govrn 1 'in '"'"tatonof paragraph (B) o, Section 306 (c)i (2). nients and other, agencies. In de~veloping_ nog'ans b ' ali in" -stled (b) Comment. Statutory citationk: and implementing those portion~s uf th-e s. . i ist o` and Section 306 (c) (2) :program dealing wiith power transinissicim 1his is specifically mincluded "Pio to gatin approval of 9.iaap lines, pipelines, interst.ate transportation in tn" .-nentof nationat policy in nment program submitted by a coa.stal 6tate, facilities and other facilities whichi~ wi'l F 2''t *. Thie State muast provide tho, Secretary shall find * that the State significantly impact, o n nsEighlter;i ,sg evlr"t!-_. the listed .agencies and has States of a region, particular atten-tion pa-,vce in ',aclt, provided with anl (A) Coordinatmad its program with locval, should be paid to the requirements or thils o opor' 'n- ' for full participation. it will areawide P.ed interstate plans applicable. to section. bo R_' t to t'-" States to d(, termine the areas withlin the coastal zone existing on me ''c1 "dfrnsl of such evidence, but Januay I of the year in which the State's SubPart E-Miscellapeous ~ en amat.a ninimni:as os-managemnent program Ls submitted to the �934 ,L-ui con4_ii at, minmum:Secretary, which plans have been deveeioped �934 elr] rid A as comnprohen.sive apo-by a local government, an areawide agency The requiremnents in this sutpihpt (',, )_i ve'-vments, regional orgitnlza- lished under section 204 of tha Demonatra- categories but deal with several inmnor- ag .tns !oit ailthorities and public, and. tion Cities and Metropolitan D~evelopenent tant elements of an approvable mn iv~tecro's satons wich re likely to Act of '1066. a regional agency, or an Inter- agemenpt program.- They deal with pu,")!;f 'sfte'& r, orhavea diect interest itate aggency: and h e r n s i d v lomtofie )inll'eda ~onnent nd mpleentaion (B) Established ass effective, mechianism haig ndvlpeto h aac a to Vs ensent rogram (ncludin for continuing consultation and coordina- ment progarri, gubernatorial revle-: ,ar nt'med in 923.32', and ton between the management agency desig- aprvl ementation of State jre-_ a~~~~~~~~i nated pursuant to paragraph 16) of this gramrs and applicabillity of water are, (n Ai' of ',he specific Interests subsection and with local governments, air poillution con-tro4 requiremnents. , ,!ho-gar. rationls in the development interstate agencies. regional agencies and f ie .-- grnn program, as well as are-nvIde agencies within the coa6stal ?ecne to 9 923-41 Pviblkc hearing-,. ton f th efortsmadeto atsure, the full participation of such local (a) Requirernents. In order to fulfill i~1rm',-a;-n o th efors iadeto go-;ernments end a5gencies in earrytng out the requirement contained in .seetio!, ,0 -" oie n h leeoimn tne purp-oses of this title," 306(c) (3). the management. progr-anl (r) A"'n a fl partiolpa- thsReluiremet appearsun infran 15 on must 51h0w evidence that the State has full-- ars in 15 ~~~CUR held ptbibc hearings during the devel- ''''-;"' tage oan'ic- 920.45(f), and is incorporated by refer- opment of the ntanagement. program IX". U *O~ e~c heei. Wil thsSates will-eercis followving not less than '30 da-s' tie ifica- rigeno- -.. rain development. Thel as- its authority over land'and water u.ses of tion. that all7 dcumentsr ass1ciate-d wvith rtista~ile 7-"n;(i canl be provided by these Statewide significance in thle coastal zone tTernsa convenient~l- e'table public attn priv,-te organizations can L--J cft'~~~~n b~s'Ifaadhefoec- by one or mnore of the techniques set totf"'Lllirreiw n stud'. a ~ ~,tn(bern hould e viewd riotforth in �923.28, the State management ea.iCs urior to th,2 T a"I",tT~iat ,Cty astl a -er r' ouiremeentifor apriovat program niust be coordinated with exist- the inI'd at v,,asyj an uoirtnuirnit for ta~ppigvailable ing plans applicable to portions of tne times c Ci' tppltos an (~)prtinty or appng aailblecoa:,tal zone. It should be noted that this thata- t~ citizents of the SEJW'teisve an soires o inorrtatin fo prgramde-section does not demand compliance of opportunity to comment on thin tota-l veiop-nenr' Eurly and continuinge c~on- the State program with local plans. but management Program and that a re~pilt tact -' I Imse. agencies and organiza- the process envisioned should enable aonl each hearing be prepared aend inanie t bj n 's dessable and necessary. In State not only to avoid conflicts and am- availab~ew tote4Vi itu sds~s snan Cas- it mlay 1-e d~ifficult or impos- biguities among plans and proposals, but (b) coote. ntttr iatn: See 5,01 ~ to i-!e" ify all interested parties to draw tiporn the planning capabilities tints 306(kc) (3) car n thfe do-eloprnent of thSte' of a wi~de variety of governments and Prior to granting approval of a rai~a pro-ram. How ever, the public hearing agencies. Coordination implies a high reent progr_%m submitted by a coastal Stk-,s' reoain- ,of �92.3.41 shotdd afford andge fcoeato n oslain the Secretary shall find. that f 07opao,_L;s to participate to interested amiong agencies, as well as a mutual will- Stite ha~s held public hearllars an the J,?- pers-ors and organizations wh'ose interest ingness on the part of the participants velopmecit of the mnanagemnent progrro wsnot in.-ially nomted, to'accommodate their activities to the Extensive discussion and statements at (3) Corksi.-,ency vwith the policy de- needs of the others- in order to carry out policy regarding this requi'rement ap- claulre n on 3(13 of the Act. In order the public interest. Perceptions of the pears in �� 920.30, 9203 ad 020.32. to facilitate thins ieviesv. the State's man- public good will differ and it is recognized which Ls in1corporated herein by refer- agement, program mstist indicated specifi- tisat niot all real or potential conflicts can ence. cally ho'.v thle programn will carry out the be resolved by this process. Nevertheless, policies enumerated in section 303. it is P. necessary step. Effective coopera- � 923.42 Guberna~orial reN iew -.mida ap.- b' 9231.32 UAmIulvaiitiii aid roordination tion and consultation must continue as p)r'oval. ,it'i foilter 1,iving. the management program is put into (a) Poquire-men'. In order to fulfill the operation so tisat local governments, in- requirement carntained in s~ection 306, ' ~ a) l~eqarero.'of.Ins order to fulfill the terstate. reg-ional and areawide agencies (4I). the manaagemjent program must con-, quirment conaine in ectin 30(c) canl continue to participate in the carry- taim a certification signed by the Gover- du1de: poammsin ing out of the management program. The nor of the coastal State to the effect thAt. (1) An identification of tho.;e entities "planls" referred to In (A) shafl be con- he has reviewed and approved thle mnan- mentioned w-,hich have plans in effect on sidered those which have been offcialiy agernent program and any amendments3 January I of the year submitted, .adopted by the entity which developed thereto. Certification may be omritted in FEDERAL REGISTER, VOL 40, NO. 6-THURSDAY, JANUARY 9, 1975 RULES AND REGULATIONS 1693 the case of a program submitted for pre- ments of a management program. 9e- � 923.1-1 Applih,.lilhy of air andl %yl,-' liminary approval. Eional genciee and local governments pollh.n control rclquircnell*. (b) Comment. Statutory citation: BSEC- may play a large role in developing and (a) Rcrqcircmrent. Inoj"dL2at_~ fllH tirn 306(c) (4): carrying out such segmented programs, the vrequirements conained(! iii F:ctivai Prior to granting approTai of a manage- but there must be a continuing State 307T- te c te an t pro- ment program submittad by a coastal Stite, voice throlghoult this process. This State gl:Th mils be dovhinaed :i clo:;Y r'xrtdi- the Secoretay shall find 'hat * the iman- involvement shall be expressed in the '.7ii-nit' h d svor -:~ ?_~L .' e fI)!,~n a nd r-.cvaloryv ,;rnment program and any changes there-to first segment of the management pro- s~:ms bein, iu, Wra:t': the have been reviewed and approved by the gram in the form of evidence that (I) the Governor. boundaries of the coastal zone for the C : _ as ame nded. a(d cn- This requirement is self-explanatory, entire State have been defined (pursuant sise5 tlth applicable State or Federal to � 923.11) and (il) there has been ade- water and air pollution control stand- � 923.413 Segmenlailon. quate consideration of the national in- ards in the coastal zone. Dc-=entat'on (a) Requirement. If the State intends terest involved in the siting of facilities by the offitcial or ofcials respornsible for to develop and adopt its management necessary to meet requirements which State implementation of air and water program in two or more segments, it shall are other than local in nature (pursuant pollution control activities that thc.se re- advlse the Secretary as early as prac- to � 923.15) for the State's entire coast- quirements have been L-ncorporated Into ticabl stating the reasons why segmen- al zone. These requirements are de- the body of the coastal zone management tation is appropriate and requesting his signed to assure that the development of program should saccompany submission approval.Each segment of amanagement P Statewide coastal zone management of the management program. program developed by segments must program proceeds in an orderly fashion (b) Comment: Statutory citation: show evidence (1) that the State will andthatsegmented programs refectac- ection 307(f): exercise policy control over each of the curately the needs and capabilities of Notwithstanding y oer po ion o segmented management programs prior the State's entire coastal zone which are this title, nothing in ths itile ',hall in a:7 to, and following their integration into represented in that particular segment. way affect any requL-ement (1) estabnlihed a complete State management program, (3) The Act's intent of encouraging by the Federal Water Polution Contrml Act. such evidence to include completion of and assisting State governments to de- as amended, or the Clean Air Act, 5a amuend- the requirements of � 923.1 (Boundaries velop a comprehensive program for the ed, or (2) established by the Feerl oerr- '~' of the coastal zone) and � 923.15 (Na- control of land and water uses in the ent, or any State or locql government por- tional interest in the siting of facilities) coastal zone is clear. iThis intent should Snt to such Acts. Such reqlulrements sihall for the State's entire coastal zone, (2) therefore apply to segments as well, and be Incorporated In any program developed that the sement submitted for approval segmented manement puruant to this title, and shall be the water that the seent submitted for approval segmented management programs pollution control requirements and air pol- includes a geographic area on both sides should be comprehensive in nature lution control requirements applicable to of the coastal land-water interface, and and deal with the relationship between such program. (3) that a timetable and budget have and among land and water uses. No ab- been established for the timely comple- solute minimum or maximum geographic (1) The basic purpose of this reqir- tion of the remaining segments or size limitations wir be established for ment is to ensure that the manarement porm does not conflict with thte Ila- ~seg~ment~. ~the area of coverage of a segment. On program does not conict ith te a- (b) Comment. Statutory citation: Sec- the one hand, segments should include tional and State policies, plans and re-u- tion 30S(h): an area large enough to permit compre- lations mandated by the Federal Water ate and wit hensive analyses of the attributes and Pollution Control Act, as amendedt. and At the discretion of the tat, o andstal resources within the Clean Air Act as amended. The pol- limitations of coastal resources within the approval of the Secretary, a manage- icies and standards adonttd pursuant to mnet program may be developed and adopt- the segment of State needs for the util-pursuant to ~~~~~~~~~~~~the setuAens soul btt eedcrsifor tedui ed in segments so that immediate attention ization or protection of these resources ese Acts should be oied tl nay be devoted to those areas within the and of the interrelationships of such util- baselines against which the overaH man- ccastal zone which most urgently need man- Izations. On the otheo hand, it is not agement program is developed. This Li a agerren5 programs: Provided, That, the State contemplated that a segmented mn- pecific statutory requ.irement that re- adequately provides for the ultimate coordl- agement program will be developed sole- flects the overall coastal zo;e manage- nation of the various segments of the man- ly for the purpose of menrt objective of unified -tate rr.anae- ly for the purpose of protecting or con- agement program into a usingle, d pro- trolling a single coastal resource or use, ment of environmental laws relaion gram, and that the unified program will be and applicabsingle coastandal resource or usend, completed as soon as reasonably practica- however desirable that may be. and applicable sndards. To this end. hie. ~~~~~~~~~~~~~~~management programs should probeide ~~~~~~~ble. ~(4) One of the distinguishing features management programs shonld provde ~c~B' of a coastal zont management program for continuing coordination and cooper- of-a coastal zone management program (1) T'is section of the Act reflects a is its recognition of the relationship be- ation with air and water programs diur- recognition that it may be desirable for tveen land uses and their effect upon ing subsequent administration of the ap- a State to develop and adopt its man- coastal waters, and vice versa. Segments roved management program. agement program in segments rather should lkewse recognie this relation- (2) There are also significant oppor- should likewise recognize this relation- than all at once because of a relatively ship between land and water by includ- tunuties for developing working relation- long coastline, developmental pressures ing at least the dividing line between ships between air and water quality or public support in specific areas, or them, plus the lands or waters on either agencies and coastal zone management earlier regional management programs side which are mutually affected. In the programs. These opportmunities include developed and adopted. It is important case of asegment which is predominant- such activities as joint development of to note, however, that the ultimate ob- ly land, the boundaries shall include Section 208 areawide waste treatment jective of segmentation is completion of those waters which are directly and sig- management planning and coastal zone a management prcgram for the coastal nificantly impacted by land uses in the management programs; consolidation zone of the entire State In a timely segment. Where the predominant part and/or incorparation of various plan- fashion. Segmentation is at the State's of the segment is water, the boundarIes option, but requires the approval of the rning and regulatory elements into these shall Include the adjascent shorelands Secretary. States should notify the Sec- strongly influenced by the waters, includ- closely related programs, coordination str~~~~~~~~~congly inren c d b l h atedporms, corinclud- retary at eas early a date as possible re- Ing at least transitional and inter-tidal of monitoring and evaluation activities; garding intention to prepare a manage- areas, salt marshes, wetlands and increased management attention being merit program in segments, beaches (or similar such areas in Great accorded specifically to the coastal (2) Continuing involvement at the Lake States). waters; consultation concerning tbe de- State as well as local level in the de- (5) Segmented management programs velopment and implementation of seg- sirability of adjusting state water quality mented programs is essential. This em- ad approved in exactly the same man- standards and criteria to complement phasis on State participation and co- ner as programs for complete coastal coastal zone management policies; and ordination with the program as a whole zones, utilizing the same approval cri- designation of areas of particular con- should be reflected in the Individual seg- teria, plus those of this section. cern or priority uses. FEDERAL REGISTER, VOL 40, NO. 6.-THURSDAY, JANUARY 9, 1975 1694 RuLES ANO] O~GJJLA7~ioN Subpart F---pplictions for Administraii � 923.53 Alltcatiga. taneoualj with the distribution of the BGrants eectlon 306(f) allws a L tate to -for. ~ ~ 423.50 Granh ~~~~~~~~~~~~~~p~eapplication form. 923.50 Gcaneral. locate a portion of its admiaistratiye (C) Costs claimed as charges to the Thle primary purpose of admtinistrtive grant to sub-ztate or multi-8tate entes ;rant project must be beneficial and grants made under section 306 of 'he Act if the work to result from the allocation nece&sary to the objrctives of the -mrat is to wssist the States to implement contributes to the effective mnDlementa- proJect. The aIlwabllity of cost will he coanstial zone management programs fol- tion of the State's approved coastal zone deterinlned in accordance with the provi- lowing their approval by thile Secretary of management program. The requirements sins of C 74-4. dristratie ran Commerce. The purpose of these guide- for identifying such allocations are set made lunder section 306(a) of th'o Act lines is to define clearly the processes by forth in � 923,55(e). are clearly intended to aasidt the Sate" which grantees apply for and administer in admlniste=ing their approved man- � 923.54? Geogratphical sea'mnte;nnlon. teetpovz.S:hitn r~rie grants under the Act. These guidelines .4ement progams. Such Intent prclues shall be used and interpreted in con- Authority is provided in the Act for a tasks and related costs for 1on, r-ge junction with the Grants Management State's management program to be de- research and studies. Nevertheless it is IManual for Grant; under the Coastal Ycloped and adopted in segments. Addi- reco-fnlzed that the coastal zone anid its Zor.n Management Act, hereinafter re- tional criteria for the approval of a seg- management is a dynamic and evolving ferred to as the "Manual." This Manual mented management program are set process whereln experience may reveal contaias procedures and guidelines for forth in Subpart E � 923.43. Application the need for specially focused, short-term the administration of all grants covered procedures for an administrative grant studies, leading to Improved managemer.t under the Coastal Zone Management to assist in administering an approved processes and techniques. The OC2,L will Act of 1972. It has been designed as a segmented management program will be consider such tasks and their costs, base' tool for grantees, although it addresses the same as set forth in this subpart for upon demonstrated need and expec ted the responsibilities of the National applications to administer an approved contribution to more effective raanage- Oceanic and Atmospheric Admlnistra- management program for the entire ment prograxns. tion and its Office of Coastal Zone Mian- coastal zone of a State. (d) The Form CD-292, Application for agemet, which is responsible for admin- � 923.55 Aplication for the Federal Assistance (Non-Constirction �emt 92og ) Applontutton for the initialm ad- istering programs under the Act. The ninitProgrms) cositutes the forma ani- nual incorporates a wide range of cation arnd must be submitted �0 days Nrwderal requirements, Including those (a) The Form CD-288, Preapplica- prior to the desired grant begirnzn dat.e. established by the Office of Management tion for Federal Assistance, required The appllcation must be accompanied by and Budget, the General Services Ad- only for the initial grant, must be sub- evidence of compliance with A-95 rie- mlnistrat!on, the Department of the mitted 120 days prior to the beginning quirements Including the resolution of Treasury, ithe General Accounting Office date of the requested grant. The pre- any problems raised by the prncseetd and the Department of Commerce. In appllcation shall include documentation, project. The OCZM winl not accept appli- addition to specific policy requirements signed by the Governor, designating the cations substantially deficient in adiher- of these agencies, the Manual includes State office, agency or entity to apply for ence to A-95 requirements. recommended polics and procedures for ad administr the grant. Copies of the de) The State's work progra mpie-p grantees to use in submitting a grant approved management program are not menting the approvedl manag:ment pro- application. Inclusion of recommended required. The preapplication form may gram ts to be set forth in Par-t Y-. /r-'- poicies and procedures for grantees doe be submitted prior to the Secretary's gram Nar'ative, of the Form CD-292 and not limit the choice of grantees in select- approval of the applicant's management must describe the work to be ::cm- Ing those most useful and applicable to program provided, after consultation plIshed during the grant o 'Th: ? local requirements and conditions. with OCZM, approval is anticipated work program should include: within 60 days of submittal. of the () An Identification of thse elements � 923.51 Administration of the pro- preapplication. of the approved management program gram. (b) All applications are subject to the that re to be supported all or in pa-t The Congress assigned the responsi- provisions of OMB Circular A-95 (re- by the rnt and the matci-ng share. bility for the administration of the vised). The Form CD-238, Preapplica- hereinafter called the grant projct. In Coastal Zone Management Act of 1972 to tion for Federal Assistance, will be the Secretary of Commerce, who has des- transmitted to the apropranent ai eeated to the es- eappropria te clear- tablishment -ned implementation ofa3tate ignated the National Oceanic and Atmos- Inghouses at the time it is submitted to responsibilities pursuant to Section 30/ -ieric Administration (NOAA) as the the Ofice of Coastal Zone Management (c) (3) and Section 307(d) of the Act, are mf*Rgency in the Department of Commerce (OCZM). If the application is deter- to be nluded In the grant proect. to manage the program. NOAA has estab- mined to be Statewide or broader in na- (2) A precise statement of the maor lished the Office of Coastal Zone Man- ture, a statement to that effect shall be tasks requireied to implement each ele- agement for this purpose. Requests for attached to the Preapplication form ment. information on grant applications and submitted to OCZM. Such a determina- (3) r ch task, the folloig soul submitted ~ ~ ~ ~ ~ ~~(3 For eaM.Sch task the foIowgshold the applications themselves should be tion does not preclude the State clear-besefed directed to: ~~~~~~~~~~~~~~~~~be specified: directed to: ing-house from involving areawide spcfi (i) A concise statement of how each Director. Office of Coastal Zone Managemneat clearinghouses in the review. In any task will accomplish all or part o f the (oczM) event, whether the application is con- pro m element to wh!ch It is rlated. Nat:onal Oceanic and Atmospheric Admlnis- sipered to be Statewide or not, the Pre- lent t Sate aId r-. trat~on, Identify any other State. areawide, re- ~~~tratl~on. ~application form shall include an attach-gl . or tateaecollv US. Department or Commerce ment indicating the date copies of the g or nrstate aencies or local go- ock~ville, Marylanxd 20852 ernments that will be allocated resoon- ~ockv~lne. M~aryland 2Preapplication form were transmitted to sibility for carrying out all or prtior of � 923.52 State respons~ibiy h bt laityoseadifapi sibillty for carrying out all or portiors of � 923.52 State responsibility, the State clearinghouse and If appli- the tatsk. Indicatte the estimated crst cable, the identity of the areawide clear- (a) The application shall contain aPre- of the subcontract/grant for each lnghouse(s) receiving copies of the Pre- State of signtion by thge G to receive and a lth frsa lloctetlo. State o[s an singleogagentcyo receni- dtraismitted. The Preapplitcation form (ii) For ea ch task indicat e the esti- have fiscal and programmatic respenal- habili f ogramisteri gratstmp - may be used to meet the project notiff- mated total cost. ALso indicate the estl- bility for administering grants to imple- ment the approved management pro- cation and review requirements of OMB mated total man-months, if any, allo- gram. Circular A-95 with the concurrence of cated to the task from the aprplicant's (b) A single State application will cover the appropriate clearinghouses. In the in-house staff. all program management elements, absence of such concurrence the project (lii) For each task, list the estimated whether carried out by State agencies, notification and review procedures, cost using the object class categories 6a. areawide/ regional agencies, local govern- established State and areawide clearing- through k., Part III. Section B--Budget mraents, interstate or other entities. houses, should be implemented simul- Categories of Form CD-292. FEDERAL REGISTER, VOL. 40, NO. 6--THURSDAY, JANUARY 9, 1975 RULES AND R1EGULAT10N0 (4) 7,1"' Siurr of all th-3 taslc Costs in &O'cretary Of Commerce, with any ap- sub-para~graph (3) of t~hls paragrah~ proved ammedmenta. Is operative and has should equal the total rnstimat~ed grant not been rmaterilaly altered. Tbis state- project, costs. ment will provide the bests for an thnnusl (5) tUsLng two categories, Professional OCZM certIftication that the approved and Clerical, indicate the total number management program remains In, effect, of parsmnr.:rl In e�ach category on the a-p- thus fulftllin%, In part, the requirements plicant'.i in-house. s~tff, that will be 8.- of section 3O09(s) for a continuing re- slg-INJ to the grant project. Addlitonally vleiw of management programs. incitcate the number asslijned full time, (3) The Qovernor's document desig- ,und the number ass~g-ned less than full nating the appilcant agency Is not re- tizme In tle two categories. qufred, unless there has been a change (6) A. lidentilfcation of those manage- of designation. ment program elemnents. If any, that will (4) Copies of the &approved manage- not be supported by the grant project, ment progfrara or approved amendments and how they will be Implemented. thereto are not required. �923.56 Approval of appicalions. [PR DmN.7-738 FUle 1-6: 645 am)i (a) The application for an adminis- trative grant of any coasta State with a. management program approved by- the Secretary of Commerce, which complies with the policies and requirements of the Act and these guidelines, shall be ap- proved by OCZZM. a,,4mln available f unding. (b) Should an application be found deficient, OCZM Will notify the applicant in writing, setting forth in detail the manner In which the application fails to conform to the requirements of the Act or this subpart, Conferences may be held on these matters. Corrections or adjust- ments to the application will provide the basis for resubmIttal of the application for further consideration and review. Cc) OCZM may, upon ftndlng of exten- uating circumstances relating to applica- tions for assistance, waive appropriate administrative requirements oontanind herein.. � 923.57 Amendmeneui. Amendments to an -,Iproved applica- tion must be submni'ted to, aend appro ved by, the Secretary prior to intiation o~ the change contemplated. Itequests for sub- stantial changes should be discussed wvith OCZ.M well in advance. It is recognized that, while all amnendments must be ap- proved by OCZMA, most such reuests. will ,fill be relatively minor In scope; therefore, approval may be presumed for minor amendments if the State has not been notified of objections wIthin 30 working days of datie of postmark of the request, �923.58 Applintions for sew~nd used Su~baequenx year grants. (a) Second and subsequent year -ap- pilcations will follow the procedures set forth In this subpart, with the following exceptions: (1) Tha preappicatlon form may be used at the option of the applicant. If used, the procedures set forth in � 923.55 (b) will be follow-ad and the preapplica- tiou is to be submitted 120 day3 prior to the beginning date of the requested grant. If the preapplicatlon. form Ls not used, the A-95 project. notifica~tion and review procedures established by State and areawide clearinghouses should be (2) The application must contain a 9 ~ ~~statement by the Qovernor of the coastal State or his designee that the manage-- ment program, as approved earlier by the FWMRAL UOISTM~ VOL 40, NO. 6--THURSDAY, JA#PJARY 9. 1975 APPENDIX B. State Agencies ,%WIp D)EPARTEENT OF NATUtA4L RESOURCES (GENERAL POWER OF DEPARTMENT) 1) Creation of the Authority-Section 1501. Ol--,'r1:irl. fT. ,;.ti;oc 3i , ncle ,o L6t, .,)l .) - .1.e -f,f :a., of Ohio. 2) General Powers and Duties-Section 1501.01-Director a-_.ao ' noriiLa.-, a'-i! 2 nstltilte 1al programs as carried on by the Departme-nt. Section 1501.16-The Director may propose for e;al-;, .!:?:;3 3.; a I scenic or recreation river area a part or parts of any watercourse in this state wLXh aidjace:at lalrls 'lhich I;l his judgment possess watec conservation wild life or historic values. Section 1501.20-The Oh-io Soil ali Wa.ter Conservation Cormmission shall recommend to the Director a procedure for coordinati ng- a ri;- cIltural po1lut-ion abatement and urban sedimentary pollution control. Implementatio:' of t'his project shall be based on standards for air and water quality as determined by the Director of EPA . Section !51.04-Within the Department of Natural Resources, there shall be created a Recreation and Resources Commission composed of the Chairman of the Wildlife CoLuncil, Chairman of P-c; -i an J. D';"lmr-_)q Co-nc.il, Chairman of Waterway Safety Council, Chairman of the Technical Advisory CouLnci on Oil an.d Gas, Chairman of Forest Advisory Counci1, Chairman of the Soil and Water Conservation Comnlss:Sior, Chairman of tne Natural Areas Council and five (5) other members as appoii;.ted by the Governor. 3) Specific Powers a) Land-Section 1505.07-The Directora il la P of the Director of The Environmental Protection Agency, Attorney Grela.la a-n'llo o L.). );llt er.'noval of miinerals from the bed of Lake Erie. b) Water-Section 1501.18-The Director may acquire orf) r 9,y for use as a scenic or recreation river. 4) Power to Appropriate--Section 1501.01-The Directr L --.:prte property with the Governor's consent. Such authority shall be however, exercised by the Director of Adl:ai ist ratiLve Servioes. *5) -Power to Lease, Sell or Promote Development of Land=Section 1501.30- Dir.e.tor-.o may lease public service facilities (as defined in Section 1501.07), such as inns, restaurants, etc. to any person, corporation, etc. or such facilities may be administered by the Division of Par,-s aid Recreation. 6) Exceptions to Powers 7) Rule Making Powers Other powers of the Department and its legally constit.Uted 0-ivis-ions are more particularly described in pages immediately following. DIVIS110111 0 P PC F(M ;'11I'111) fAlil) ESRV (0 D 1) ~Creation o~f thes Aa-bhority-Section 11`0'3.01 2) Gr~--i o a' Powr id , Bit:Le;-S ec t-Jo n 1503'. 0) -Th~ie ChIii ef o:U th1.e DivisiLon -nay plant treers and ta'ke Da~ime Yiaue as0encsayt �nser a pro'-itable, growth of timber. Sectioni 15.)tO-itl ;- D~v~s '~U ireis to be a Forestry Advisory CounC:VI whicn -is to advise tull Cftief on Cores try oatce 3) K~LePwr a) Land-Section 1503.05-The Chinef m,-ay accqlare land for state nllrsl (I1-s .S Sect io -iI5 303 C)3 - T.e Ch i~ef J.-wit Line apIDpr:oalo o L, i Dietor- of Nataral Resources may :purchase or acquireay ie- in lid uitale'or forestry pur poses. b) Water 71. ) Power to Appropriate--No Specific Grant 5) P-Dwer to- Lease~, Sell or rOnceDvl�in f Lr--<cto.1503.03- Ch-iief of teDivision mnay buy, lease or otherwise acquire f-ores~t lanld wth the conen f - iree -- of Na u ral R se -r c s 6) EXCeptionF-S to Powffs 7) Ridle Maki'~-ng Powers --Sect ion 1503.-01 -Ch~ie f of thse Divisios orcin ~ 0 ~~rules --or thle, ProDteCtion- of public forests. (2) D IVIS IONT OF G.,O'LODGTC AoL 3 UTPrEY _PU 1)~~~9,i CaI-ol of' thie Aut'-orl ry-Section 1505.01. 2) Gene~ral Powers arid Duties-Section 1505. 01-The- IDi visibo C) 1 1 c-)P< _eo 9--A stuady oiatt'er *oertai n~ng to thie corig-in use anid CJ )tr o.f raT. cna 'Gria-L5 arid natural resouirces5, sh~all mak~,e and have ~aui1 T1e for disLrib-outio-i -Caps, pro-f~iles; and geologic sectio-Is pr~~ lleto1lo.cal characteristics arid topograp-;y of tesa-. ~ o~jI The Cni ef may J;Investi,_,at-, a-nd repoort matters relating to ~eo lo,- C, or l n rao~i~alcondl-'j.0ns of th-e state. Section 1505.04-Any p)erson who drills or dir-s a well 'ithn te state oroducingc gas or liqui~i exclud-i-n water to be used as such ~shall keep a lo- of sc cirt and report thne sam-e to the- Chief of thne Division. 3) Specific Powers a) Laad-Se~ctJ,).in 1509.083l-Alflter thIe Chief of the Divisio~i of ODil a nj, Gas has determined that a disposal permit- shiould 'si o -r-m 01r ~ wellshe must transmit copies of the application requesting herih to drill or minae to LK Dr te f Pa, ad the., `4ief Of Geologca SDurvey. The Chief of the Divis~ion of Geolo-gical Survey shall-i~.ri acerrrethe_ appl-ication unL"less :qie detGermnines that, crhe pDrop,.se,-d injefction would present an unreasolalble ris of los or 3ang to a- r a resource-s. ")) Wa te r 4) Power to Appropriate 5) Power to Lease, Sell or Prom,-otue Deeon at o La-id 11)) Exce-otions to Po-wters 7) Rule Making Powers (3) of tie, Dopaxtnic[Al; af, NIL '-I.1.1 O ) c;21 ~ *. ',*i1 2) rG-nral Poviers aid Diaties--Section 15IO-~oCh Kinl 1 a ~xvW>~ 1 ii Wi i ~i. iiEceiL il fttaDer~i Deflen 1 n carryi.ng our investigations -and studies cQ c� .riid " '.o,- al Liemin shrorelines of Lake Erie and of the bays and projections thereffrom withi,!_n t1-1e tcer'ci 'Ga-Orla o")__*c statg .1 a viwto perfecting methods for prevernting and core~ctbin- aore risan.ciailg ~ -n-eron,1 ~and -b' or ,_--t inundat on of imrov eed property by the waters of Lake Erie. Section 150"(.05-C-lie- _Ea T ~ ~~~~~~~~~~~~~~~~~~ aice P' 1; rx; :r _n nc i p al - orporatio'ns and ou aer political subdivisions for the purp'os,- o--,'ri i -L" _st~-10 erosPDi-ol' o.1 Vie south shore of Lake Erie at-d water courses flowlnng into t'he Lake. 3) SPecif"ic PoWer's a_ Ld-CtiI15D7.03-"T--) P--rson shall conrstruct anq ero3sion' retarding structure on LaEBr-le witheut fl~sL :&bmGb X,93 GD L~e he2 Enieer b) Water 24)l Pow~er to Appropriate--Section 1507.052-Thie state oran cc fI2 Wiwnhiomuniipalcororation which acts as a contracting- a.eeecy under Section 1507. 051 to prvn)correct, or arrest erosion alonf-' th south~ shnore or Lake Erie., in any rivers, -,,,-i~c', arc *-v1i _aeE'rie an-j 6a s, connected with said Lake, may -appropriate land. 5) Powver to Lease, Sell or Proot;3.--"-1~GifLa .S~ E~ieoties OC R:Ll --33 U.S.C.A. Section 2401-Aprproval of ChIief of Engineers sand Secretar- -of the _r." cqiLx}P ore osLu;tinf any bridge, darn etc. in or over navig~Dable w,,ater, ray boe oa-c. (4) DI'Ts!I:1101\I 0-, O'[, olli) (r.A: (ODFR) 1) Creation of thle Anutori)y-Sect.ion 1_509.02 2) General Powers and Duties-Section 1509.06-Ch-Lef of thie 0ivOis.-! :i. c) :-,asi.cer :apl)T-cations for permits allowing tlle dr:illing of a new well, deepening of an exi_'i.. T''ls a. Que]_ ) 9L,2;),;irl1 back a well to a different source of supply or usinc, a well ' Ur 1 i .j.'.t :) of a !iqI"li. Section 1509.05-No person shall drill a new wv].l, etc. without first naving obtained a psrlmlt fr}:u h;e th-e' - ob? >t 0 : Di\ is'i on. Section 1509.051-Tlhe Chief in determining whether or not to issue a pelr i.t under 15093.03, shall consider whether or not an unreasonable risk of waste or contamination to oil or gas anI the earth -.will result. If he determines that such risks would occur he shall reject Lte applicatlon, but if he decides that such risk will not occur, he shall transmit copies of the application to the Director of EPA, Chief of the Division of Geological Survey and Chief of the Divis-ion of Mines. Section 4153.111-No person shall locate a mine opening wit:hin 300 feet o- any well which produces oil and gas unless he first obtains permission from Chief of the Division. Section 1509.10-0il drilling log must be filed with the Chief of the Division within 30 da�y s after the .ompletion of the well. 3) Specific Powers a) Land b) Water--Section 1509.06-No Persons shall use a well for injection of a liquid unless authorized by a permit issued by tihe Chief of the Division. Section 1509.22-No person shall contaminate surface or underground waters with substances produced in connection with drilling oil or gas wells. 4) Power to Appropriate--NJo Specific Grant of Power. 5) Power to Lease, Sell or Promote Developmentof Land 6) Exceptioas to Powers-Section 1509.39-A municipal corporation nay enact ordinances regulating health and safety sta.dar1s for the drilling and exploration of oil and gas, provided that such regulations are not less restri-i,:tivze than rules set forth by the Chief of the Division. 7) Rule Making Powers--Section 1509.03-Chief of the Division shall lan_ rules and regulations for administration, impiementation and enforcement of Chapter 1509. Sectionl 1509.0i-Inspec tCr may enforce. the rules as prom:-ulgated by the Chief of the Division. Section 1509.22-Chief of the Divi-s:ion shall aldop :i;he rules to prevent contamnination of surface or underground waters caused by drilling or prolui:cing o l oi_ aid o:ad. (5) DIVISION Oi' LANDS AND SOIL (ODNR) 1) Creation of the Authority-Sect-ion 1511.01. 2) Genera] P-owers and Duties-Section 1511.01-The Division flraishes aid and equipment to Soil and Water Conservation Districts, makes recorntrLendations to the Department of Nat lral Resources on matters concerning soil conservation and proper land use, and considers policies affecting state land or land in the custody of Historical Society and the Divisions of Forests, Reclamation, WTild Life, Department of the Administrative Service, Transportation, etc. 3) Specific Powers a) Land-Section 1511.02-The Division shall study state owned lands to determine suitability for parks, forests, recreational or- wild life preserves. The study shall include lakes and rivers suitable for recreational purposes or for the conservation and natural propagation of wild life. b) Water 4) Power to Appropriate-No specific grant of power. 5) Power to Lease, Sell or Promote Development of Land 6) Exceptions to Powers 7) Rule Makling Powers I) IV 1I:) I UN u LP, NU.L1I11AMA'1'LW~ UJ uu' L) I) Ci'ca U on oP r V1 :i't 'l I- 'i 1,\ ard. Section II 'U2. 0:_1-,, !W,''tw c\: i :Iw t AAI by the Governor i L ' ~'uiWI'l 2) General Powers anid Duties--The Cn r bDviiyii f re-_lai~n la-nds ef'fected by stri',p raining, replace, top sot:' -akgAdn -etcI SerL'Io~IL 1513. 07-41o ope_!"ator shall encE,,- in strip minin', or condact a st'r L~p miigope.-at io-i withoult a. 14~ie se by the Ch-ief of thle Divisi_61_1of R' w. Secto n1 l140 otu later than July 1, 1-977 nor earlier ha Juay _ 975, '-1or) t :iilenga-e in surface raining of midnerals or co nd uct Ua rmriiw~a orto~n withiout a per-,rit 1 ssu.)ed by the Chief o f t-'r1 Division. Secticon 14.-Ayoratr 3' _ -,, (-� J ays after the anniversary date3 of th.7e iLss-ara'_--,_- & a, perjnitu St'~ t progress report to the Chief stating, thle amount' of -,-,i -) e rem_.oved etc . 3) Specific PDowers __ ~~a) Land-Section 1513.02-Chief oj' he Divisi11on m-~ay by r1 designate as unsuitable for strip ai~n~ing-, areas atindyth Department of Natural Resources as wild, scenic or roeem7 ri'e~spublicly owned or dedicated par"Irs, and other areas -of' ,jnique- and irreplaceable _,n-ataral beauty or 1.onditio-a. Secto n 1513.20-Chief of the Division may with the approval of t-he Director of Natural Resources purchase any erodled landiclin land affected by strip mini-nu. b) Wat'Ier 4) Power to Appropriate-No Specific Grant 5) Power to Lea-se-, Sell or PromnotCe Development of Land-Sectuion 1513.25-Aflter co~eeinof reclam,,ation, Chief withn approval of Attorney General and Director of Natural Resouarces :--nay, sell or lease such tracts when same is advar-tagzeoas to the state. 6) Exceptions to Powers 7) Rule Making Powe-_~s-Sectio~n 1513.02-Thie Chief is to -ado-,t a-"J amend rules and rec,-ula'L:_--1ios -nrov~riiinug fLo-- t~he implementation c-- 1513. Section 1513.0-5-The RlatinBoa-- of' Review rray -fo-_ its own internal managrem~,ent adl-opt regulIations w~.hich do not affect .)rivate rights. Section 1514.03-The Chief of the Division may by rule adopt procedures for thne suJbrnissiae of permits. The Chtief may sr ap cl'Iassilfications of mirning industries so as to preventdaaet ad joningprop_- ety. (7) THE SOIL & WATER CONSERVA'TIOF4 COiUTI'.["T:fE (ODMR 1) Creatuio;l of the Authority-Section 1515.02. 2) General Pow'ers and Duties-Section 1515.02 (A)-The Comnlnission shall have the power to recomnend to the Director of the Department of Natural Resources priorities for planning in the construction o? small wTatershed projects and to recommend to the Director, the Gov- ernor and the General Assembly programs and legislation with the respect to the operations of Soil and Water Conservat'ion Districts which will encourage proper soil, water and nat-ural resource man- agement. Section 1515.03-The Commission overseas Creation of Soil and Water Conservation Districts. 3) Specific Powers a) Land-Section 1515.02 (A)-The Committee determines the distribution of funds to conservancy districts. b) Water-Section 1515.02 (A)-The Committee determines the distribution of funds to conservancy districts. 4) Power to Appropriate-No specific grant. 5) Power to Lease, Sell or Promote Development of Land 6) Exceptions to Powers 7) Rule Making Powers-Section 1515.02-The Committee may adopt rules and regulations for the implementation of Chapter 1515. (8) U'ZT~i~i: P;Ib:J: S 2oJSS 1) Creation of the AD-io.q: qtl-Sec Jon 7517' aO'h�;T: Tlennrtne-nt of Natural Resources shaall in wi I- ')hi*x Uatural Area-, Cotincil admiinister a system of nat.?re pr*;rvcs 2) and t -o 17.02--The D-parrt Lent oP Natural Resources sh all a dlrl niisr a; o b' ~or~l-.ate policies for t"e Drotection, registration, dedication o0 pre'OeJ.rks a.-O _-~7.Y-s: S.Ll _1_z adJ~i77E~~_ of Aa-ural areas and habitats of rare and endangered species of pla-ts- av) t- ~~ ��01 131'7.03-3fiio Natural Areas Coucil advises the Director o., the admiinistratDio' of *ia~n'n preserves. Section 1517.04-The Cou-cil recomrnmends areas for acquisi~uo .;il oronulyaes rogu-l,,at-ois fohr -Se. 3) Specific Powers a) Land-Section. 1517.0--The Direcrttor Mnay accept by gTift, purchase etc. lands dedicatee for) a nat,_ire oreserve and may limit land uses. b) Water 4) Power to 'UfrD priate ---No Specific Grant 5) Power to Lease, Sell or Promote Developmerit of T7an-,4 '5) Eepo-to Powersi,-.Saction 1517.06-Land dedicated pursuant to Chapter 1517 shall no,- ) e appror,-j'-iated without a findi'- of imperative and iteavoidable public neces :i;-y an;d Ksh i:-! ~ .91)6OIal o the Gove\reor. 7) Rule Making Powers--Section 1517.02-The De-aetment of Nntur - 2e~~~~3 _o~ hl i.otr tle ; and -'is -)ii~- o the visitat-ionr and protection of nature preserves. (9) RECRE"ATIONAL TRAILS 1L) Cre2ation, of the Alir y8cL nll D 2 ) C'fnera~l Powers anrd D1i5i -1 i r~9 . 01--Thre Di t r-e k)o r iR-oue--, ,Kiall plan an-d adndinbsLe;(~r a state sys ter of recr-a at lralI traI.I�2 ;-A ilk- Lgorsuibat-` k -id Lrir arid oth:er iioi-imotorizn~oi~do re'CrCna"Iorral travel. 3)eC Sp-c2fC Powers a) LnSetoi1519.02-Th-e :Dir:c tor of Wat-.r-al Reso--,rces cn ac quire real -property for the purpose of establishaing, prot-:'ae - ig a.-Id niia 'Ii: anyT sta,-G- recreational trail. b) Waterc 4) Pow4er- 'o -Appropriate-Section. 1519.02-The Director -mayT aPpID-0ai )vpt or an saeih riteettnri C r VWurposers onl alng aest l ateright rse itrst-ra-thi, h ~ ri only~C aln. aawtrore sra1 ihi;,lg~n ro,-ad., etc., particularly suited for non-motuorized velaicle recreational use and may not appropriate 2oeta 5 ___-oi51 -3 < a-ry ol-e mlf 5) Po---er to Lease, Sell or Promote Deve-lop--tent of La,-d-Th--e Director shall through the Chief of thna Divisio:n o-F' Plar--Is ? moao~i "L 4 a.1 111v-i ritacy of- trias and other scenic corridors for rec-,~ea'ti oral US e. Before January 1, 1975, the Director sh'all pearea g]n flnor :leeomn &f a statewilde trail. system to serve present and future trail recreation needs of the state. ~~) Exce~~~~~~~tius~~~~~s to Prip r Ga:: tion 1519 0~~~~~~~~~~~~~~~~~~~~~~~~~-The Director may not1, .0 -Ti T m a appropri~ate m-,ore than 25 acres of land along any one (1) mile- of trail. rules and reglations to restrict uses to the trails, to inre 1 u,,73?r,; L;aitpe;rt dai-iagn to trie t-rail ro.utes and preve,' conflicting uses. (10) TILT DIVISION 01,' WATER (ODNR) 1) Creation of the A thor:iLty-Scction 1521.0 anLd Section 1D,:'1.01l- Powers ,ander this Section are to bc excrcised by tle Ch:ie{' of ther Divisionl of Water. 2) General Powers and Duties-Section 1521.03-The Division of w1ater shall assist in a.l advisory capacity any properly constituted r-.jc-o River Watershed District, Conservancy District, Soil Conserv-at-IT District or othergovernment agency of the state in the planning of works for ground water recharge. The Division also has authority to make investigat:ios and studies of factors relating to floois and flood control in the state. Section 1521-06-No dam may be con- structed in a watercourse for the purpose of storing or retarding water nor shall any dike or levy be constructed for the purpose of diverting or retaining flood water unless a construction permiLit has been issued by the Chief of the Division of Water. Section 1521.03- The Division of Water shall cooperate with the United Statesi or aliny agency thereof in planning and constructing flood control 7.;orks. 3Sc, tion 1523.01-The Chief of the Division, when in his judm ent it is for the pfulic welfare and best interests of the citizens of this state that surplus flood and other waters of any watershed be conserved and impounded, he shall construct such reservoirs, dams, storage basins and other improvements as are necessary or he may make additions to, or enlarge existing facilities. 3) Specific Powers a) Land b) Water-Section 1523.06-The Chief of the Division of Water may enter into agreements for the sale or lease of water power. Section 1523.09-From the reservoir, dam or other improvement coll- structed 'by the Chief of the Division constituting a part of the canal system of this state, no water shall be sold or leased, ex- cept the water conserved in excess of the quanity required for navigation purposes. Section 1523.19-Chief of the Division is to maintain all dams ald reservoirs and works constructed under this Section. 4) Power to Appropriate-Section 1523.01-Chief may appropr at;e uch privet lands necessary to enlarge dams and reservoirs. Section 1523.11 and Section 1523.20. Section 1523.01-Chiec, may appropriate private property fc th-e constructiol of darns etc., with the approval of the ]-irector. 5) Power to Lease, Sell or Promote Development of Land-Section 1523.06-Chief may sell or lease water or power derived fro- water. 6) Exceptions to Powers-Section 1523.09-Chief may not lease or sell water which feeds into the state canal system except he may sell tha t excess of the quanity which is at all times required for na-riaiition purposes. Section 1523.12-Chief may not reduce quanity or quality of water in any stream if a political subdivision is using it for water supplies for its inhabitants. ( 11� ) TIE DIVISION OF WATrEtR (ODITR) continued 6) ENxceptions to Powers-Section 1523.13-When a subdi-vision's water supply is reduced or impaired in the judgment of the Chief, water may be taken from an improvement before an industrial lessee may do so. 7) Rule Making Powers ( 12 ) DIVISION OFWILDLIFE~ (ODiTIR 1) Creation of the ALathority 2) Gorneral Powers and Dutles-l531.024-Thrc Dilvisioll of WId11f�- sheIll develop policies and programs with t~he approval of 'bie Di-OZ'--or ni, N -a 1 Ral ~Rs -Ir ce S. t a ke thae g e n e a c ar-,e oa anId pr ot e ct w ildlife in state parks, enfILorce -its arders -for -h r~ o and maaeetof wild arlimals an'd sanctuaries. Section 1531.0'7,-Chief DIf th-e Di'r~i- J 0on enforces la-ws to protect the wildliffe on state owned park'-1s :an- lands. Section 1531 .085-In confor-Mity wit' Section 36 of Article 2 of The Ohi~.o Con1stibu1-Jt!_on, preyvi din,-T for the passage of laws for the conse-rvat-ion of the natural resources of the state inici udi rig streaas, la"e-, -uamerge d lands and swa-_-p lands, th,_e Chief off thne Division of Wildlife hais au._thority and cotrk'_!ol in- matters pe-rtaining, to thie protection, possession arid management of wild animals. 3) Sp e ci f ic P`,o -.Ier s 'AGO a) Lanid-S'ection 1531.06-The Chief of the Division witha thre acoroval ofa te dLree~tor m-ay acqr by Ilea s e, pu rch a se o r othe rw 4se 1 -a:id s -an d oiatcrs for wild animals, iho gam C aae~eu CDo 13.-J person- shallI xlace or di spose of sri an y ma-nner, any g7arbage-, etc. i any state owned, controlled or a~~~tr~ a~ ri nrihi strea-., rfiver, lake, pond or any w~ater course. b) Water-Secti on 1531.O6-Ciaief, wit tie aobra ofTh~Di tor ma~, ac:.quijre land, water a-nd surface righ'ts U`hereupon, for -wild animals. Section 1531.29-NTO persons' shall pollute any state owned d-itc-11, stream, river, lake, pond etc. 4) Power to Appropriate--No Specific Grant. 5) Power to Lease, Sell or Promot'-e Deeomn f L9and 6) Excep~tions to Powers-Section I531.12--Chief has no auathority to enang pena;iesfo~r violations of1 la-z.- 7) Rule Poig Poers-Sectioni 1531.25-Cniefl, by rule mayetrc (13) DIVISION OF PARKS AND RECREATION (OnNR) 1) Creation of the Authority-Sectio-l 15.1. 01. 2) General Powers and Duties-Section 15lll.01-The Chrief- of ith Division of Parks and Recreation with the approval of the Di- rector o~f !tulral R-esources shall determine policies and pro- grams for the Division. Section !541.03-A!1 lands and waters dedicated and set apart for state park purposes shall be ad er- the control and management of the Division of Parks and Recrea- tion which1 shall protect, maintain and keep them in repair. Section 1541.01-The Division shall create, maintain and operate a state park system. Section 1541.03-The Division shall hae,re tfe potwer to construct, maintain dikes, wharves, landings, docks, dams and other works on land set apart for state park purposes. Section 1541.40-An Ohio Parks and Recrea= lon Council shall be created within the Division of Parks and Recreation and shall have the duties of adv-silg the Chief on recreational policies, appraising state parks and recreational needs, ec omnmend ng to .ine Chief programs for Division of Parks including acquisitions of lands. 3) Speci-ic Powers a) La3.d b) Water 4) Power to Appropriate-No specific grant. 5) Po-wer to Lease, Sell or Promote Developnent of L.nd-Section 1541.08-The Division may leaselands under their control upon apnrov;l by the Attorney General. Section 1541.033-Chief with approval of Director of Natural Resources, Attorney General and Governor may make leases allowing removal of halite from oen eath Headlands State Park. Section 1541.081-Chief may sell lands not needed for public use. 6) Exceptions to Powers 7) Rule Mak'ing Powers-Section 1541.03-Chief may adopt rules governing all advertising in state lp-rs. (14) D IVIS IGHI OF~ WAT"'OR "RAFT (OlD LR) 1) Creationi of time A-, t'hor' 5 L-3cLon14 5 2) Geneial Powe-,cs and Dutie~s-Sec-Lion 1.547.51-The Divisio n of Waec< :;hall adlnlinis 2-r 2,n ieaA 1aI. -Dal 't, L"hLdetf ct fl.Lm.Deri ig title, use~ and operation of watle-craft operated- onrti t1-ate--; "-,"-Gis sae )Land-Section 1547.72-Thle Divisio:, of W,"a-i:reraft wvhene-~verit deems it t o b e i n th'ae Jbe st interist o20f Ih Q~~ _a J. en aid coTIT~_ ec e and navi.at1 on, may construct, maint ain and operate re ~u n-ai---Oi�~ au- orlhe~r Iro A Lomr -n a 1 -a i storin- of vessels. b) Water- Section 1547.331-Nfo person s-1a'll op _,rat e a mJ-~ LaY~ Eri which i capableof discharging, sew,~age unless 1 tas sewage disposal system approved by regulat,_:.ionf of teDre~'0 EnvionmetalProtection Agency. 4)Power to Appropriate 5) Power to Lease, Sell or Prozmote J~eomAof TIL.ill 5) Picept-ios to Powers-Section I547.77(-Any action talf-en by the Chief 0 ~of Division of Watercraft- pertlaiai.-12 to harbor -_).o1jectS and refu-:e Tacilities s~hall not be deemed in conflict with certain pow,~ers ~~id duties ronL'rred upon a,-,d delegyated to federa7 a--,ncies a~ndf to -i-u~njicial corporations and other state agencies under se 1in7 o: rISl o-f the Ohio Constitution. 7) Rule Making Powers-section 1547.52-Chief ofte3VSILaot all ---les anid regulations. (15) EBNYTIR0OIUi~,'P1'TAL PROTEC TON AGENCY 1) Creation of the Authority-Sectiotl 37)'5.01 2) General Powers and Du-ties-Section 1501.20-Imrplemecntat-ion of a. program of agricultural poll!ut-ion abateme'nt and urban sed~irent4.ry pollution control shall be recomnmernded by the Ohio Soil anld Water Conservation Committee to the Director of Natural Resources and shall be conducted In compliance with the standards for air ard water quality as determined by the Director of Environmental Pro- tection Agency. Section 1509.051-If the Chief of' the Divisionr of Oiland.Gas determines that the injection of waste material inrto a well will not create unreasonable risk, he shall transmit copies of the application for the proposed injection Lo the Director of En- vironmental Protection and the Chief of the Division of Geolo-:ical Survey. The Director of EPA shall approve the application if he determines that the proposed injection will not cause pollution. Section 1541.21-The Director of EPA shall administer Special Sani- tary Districts, the area one mile back from any state park, reser- voir, canal, or nature preserve. Section 3707.46-The sanitary board, - ,whi'ich has control of the maintenance and erection of sanitary plants. must get approval from the Director of the Environmental Protecticn Agency for each and every proposed modification for the erection a.nd maintenance of said plant. Section 3704.03-The Director of EPA s':ali develop programs for prevention and abatement of air pollution. He shall further prescribe emission standards for various areas No this state. The Director shall further prohibit the location or modification of any machine or device which the Director finds may cause or contribute to air pollution and the Director is to grant permits and variances from the regulations as adopted under sub- section (F). Section 3707.42-After obtaining the approval of the Director of EPA the legislative authority of a municipal corpo:rateon may contact, to erect and maintain a sanitary plant. Section 3734'.02- The Director of EPA is to adopt regulations with uniform sta.te- wide application as to cites, facilities for solid waste disposal, so as to avoid creation of a nuisance or cause water pollution. Section 3745.01-The Environmental Protection Agency shall administer laris for the control and abatement of air and water pollution, resour.-e. :-nanarement, planning of water and disposal and treatmnent of solid wastes, sewage, etc. Section 3745.01-EPA is to operate the st.t- ;o-overnment in ways to designed to minimize environmental da=.--e E.--,: to assist and cooperate with governmental agencies to re-- ....., -- tCct and enhance the quality of the environment. Sectioon Jo'; .0 Before a power site may be granted a certificate allowinr coDstrmc- tion of major utility facility, it must consider environmental :rnc ! and must comply with the air, water and solid Pwaste requ .-.rints. Section 3745.09-If the Director of EPA should find a violation is caused by pollutionA sources outside the state of Ohio, he shalal. 'o- tify the other state, the United States Environmental Protectio: Agency and the Ohio Attorney Genleral so as to secure co-npliance. Section 3745.011-The Environmental Protection Agency is to administer- 'ne air, water and natural resources of the state for the .) eI nt of the people in the state. Section 3734.05-Eacl person proposing to open a new solid waste disposal site sial olbtai.n the approval of the Director of EPA ( 16 ) ENVIRKO~ihIENTAL PTROL'T:CTI':ON AGE ilCY -cootinued - 2) General Powers and Dlties-Section1l5)ll.21-The territory included within any state park', canal, reservoir, lake or nature perserve and surrounding lands ext-nd.lng back one mile therefrom is desig- nated as a special sanitary district. Such district shall be under tle control and managemen.t of the Environmrental Protection As;enry for sanitary purposes. Section 1545.21-The Director of the E<:viron- mental Protection Agency may make and enforce rules relating to the location, construction and repa:i.r of stock yards, hog pens, seDt-'c tanks and all other places where offensive substances or ,liquids may accumiulate within sanitary districts. 3) Specific Power a) Land b) Water-Section 1505.07-The Director of the Department of Natural Resources with the approval of the Director of EPA, the Attorney General and the Governor may issue permits for permission to take and remove sand, gravel stone, gas, oil and other minerals or other substances from aid under the bed of Lake Erie and no e-r- mit allowing the remnoral of oil and gas from the bed of Lake Erie should be issued i.until July 1, 1978. Section 1547.331-Only boats, with proper sewage disposal facilities as determined by regulation of EPA, may operate on Lake Erie. Section 61ll.03-The Director of EPA may modify the terms and conditions of a permit or issue a per- mit upon conditiolns and variance from a national effluent limnita- tion under the Federal Water Pollution Control Act of 1972. Secetio 6111.03-The Director of EPA is to develop plans to prevent the pollution of state waters, and to issue permits for the disposal o- wastes into waters of the state. EPA shall supervise the operation and maintenance of public water supply systems. Section lll. 42- EPA shall prepare boundaries of water shed districts. Section 6111.44-EPA is to approve sewage and water purification works for disposal procedures of any municipal corporation. Section 6112.02- EPA is to grant approval for a private sewer system if it is con- ducive to safety and welfare. The Ohio Water Devclopment 'Atuo-in is authorized to engage in water management not inconsistent with the standards set for the waters of the state by the Director of EPA. 4) Power to Appropriate 5) Power to Lease, Sell or Promote Development of Land 6) Exceptions to Powers-Section 3704.07- The Director has no power to adopt regulations which supercede or limit a law relatin- to iCtdLustrlal health, safety or sanitation within the bounds of indus- trial property. Section 3704.11-A political subdivision may legi- slate in this area but may not be less strigent or inconsistent with this legislation. ( 17 ) ElNVITTOI,,nLNTAT, IPRO rfr'(C TON Ar 7)Rule Mas-in-r Poiwep.-Sec-lion ' co nio na Protction A-eonc y aclopt,- rule" inc~ I' p' Lcmt rotec- public healtha arid maintalm. waLe r cja 1v lebo'l 3704-. CtP is to adopt regulations or pr' J on rid control of aiJr poll U- t!,on iraall ",xarces in the- state. Sect ' 611-!, ~ D of EPA ohould ado-ot and enforce re,_ a atic-I settincg, fort,- mi~d re- quireaise co1l0a12 ~th the- - eat'I onae Iof-J1 e-t li-r~iitatio-s, c.L S-ction, `)Il.03-Thie Director of EPA is to _'SSUO , modify r- -revoke orders to prevents, control or abatbe -ptr ollution. (18) OHIO WATER DEVfTL,OPIVNT AUTHORITY 1) Creation of the Alithlority-Sec t:i orl 6)1.0:-, t(c: ti.ol o.- .o01. and Section 6123.02. 2) General Powers and Duties-Section 6121.03-Public policy of the state is to preserve, develop, conserve and manage the wvrater resources of the state, to prevent or abate the pollution of watz: resources_ a-l: ,o promote the beneficial use of waters for the protection and presr'ati.o:u of health, safety, convenience, etc. Section 6123.04-Tne Ohio Water Development Authority shall acqu-ire, construct, re-construct, re-enlarge, etc. solid waste projects and establish' rules and regulations for the use of such projects. 3) Specific Powers a) DL.wl-Section 6121.04-The authority may construct. maai:.7Ln, etc. water development projects. Section 6123.13-Waen the Ohiio Water Development Authority finds it necessary t- o chanlge the lo- cation of any portion of' any public road, state high!way, railrot,:'_~ or public utility facility, in colnectio- w..ith the construction of a solid waste project, it should cause the same to be re-con- structed at such location as the divisio;on of government having jurisdiction over said road, etc. finds most favorable. b) Water-Section 6121.04-The Ohio Water Development Authority may adopt rules and regulations to protect augmented flow in the waters of the state to the extent augmented by a water develop- ment project, from depletion, so it will be available for benefi- cial -use. 4) Power to Appropriate-Section 6121-04 (J)-The authority may condemn property (public or private) as it deems necessary. Sectio' 6121.04 (H)-The authority may appropriate land for solid waste dis- posal sites. 5) Power to Lease, Sell or Promote Development of Land-Section 6121.03-The authority may lease water development projects. 6) Exceptions to Powers-Section 6121.04-The aut'horlty may not condemn waste water or waste managenmet facilities. 7) Rule Making Powers-Section 6121.04-Tihe authlority i-s to develop rules and regulations to protect the augmented flow of' ateL' of tile state from depletion. ( 19 ) AIR QUAL ITY DEVE.LOP'LIE NT AUT iiO-RTTY 1) Creation LI Lh AuhrU-eto 0/60-h LIuIrposQ:2_o C olapter 3705 shall be Ihold to be aned are !,_erluyOj de nYiO ?tor. costlential governmental functions Dand -o~ - I C ;D VIo:;of a3 2) General Powers and Duties-Sect-ion 371D_. 03-`!e "iYQ Development Authority shall providlae0--IC' 0~- So t: 1e aonse D D a'-- as! a nataral resource and shall prevent pol lution of this _- -o a-z to) p_-,Dldie -fort th-e health, safety and general welfare o - all the inhabitants oI L ne-ta- In frten ofpU~blic 'OliC-v the Oftio Air Quality DeveloprientL Aur<t a lnlL i& repair and operate air quality pro~jects. 3) Specific poiqLSp a) Lamd1-_1--ctilon 3705.16-The OhLio Air Quality Developr-ent Authiority may acquir b mircliase, whenever it finds such1- pur- poses expedient, any land, faemne, ea~e ;o other interest in land as it finds necessary or consrnot. o heevsr'rnioin or operation of any air quality project. 3eto;370D6.13'Ts ufhi, Ohio ArQaltyDevelop,,,,ent Authority finds it necessary to chaa.ge the location` of a-i- ero'IO any pi,-blic -road, railroad, state highway or public utility f aite 11 _C -T re Ko wI;I T 1 Dir-, on of a air quality project, it shall cause the sae to be r e- conas 'Ur ue at evJ -i-,s-_' location as the division of g-overn- ment having jurisdicti -on ovreri sui road, nZl~:7~~,ea finds most favorable and the authorilty sh-iall bear the cost~, of s-A:i re-construction., relocation etc. b) Water 14) Power to Approprciate-Section 3706.014 (J)-Ti-ie Ohio Air . `Du c,.Iw :Th\v(elo-omenet Auth-ority may acquire in thie name of the St-atue bypm- c'hase~ or othierw,,ise on such terms and in such manner as the Auth-o- rityr finds prop~r- or boy thIe exercise of the righirt of conde-mnation. - Section 3706.17-h Ohio A ~~r Quali ty Develo-pment A ithority mra y acquire bhy apeiropr~iau'_DTle a-ly lands franchises or other property, necessary or prop,~,r foc 1h-*~~sr~to and efficient operation of any air quality, project. 5) Power to Lease, Sell or Promote Developqnenrt of Lm ~E~xcepotioDns to Powers-Section 3706.014 (J)- -,-e A,-th,'orit`r 7, D.~ n-i)oooi-iatl:, an air quality facility of a pe.-son or CDvenena -1- sy . Section 3706.17-The Authority may not disturb pro-o~_otv ot pu' lic utilty or common carrier in interstate cori'erce, Lln duplication or restoration is provided. 7) Rule Making Power-eto 37'D.01-Th Ohmio Air Qualit-y Develoo-n ment Authority shcall estalis rI.-,s and :_ ltin for air quality projects. (20) DEPARTPIJNT OF TRANSPOiR.TION 1) Creation of the Authority- Section 5501.02 2) General Powers and Dutiest-Section 5521.011-In determriniL-n new h;,?.war loc tions, the Director of Trarsporation is to con-'01 sider heav', s~afety and use factors. Section 5521.02-Tihe Di- recto-r aJ lo Coty Cou:iaissionlers may cooperate in re-construc- tion of rid:',; es t c., and as to comprehensive transportation anli land use studies. Sectio, 5501.42-T;e Director shall have con- trol of trees and shrubs within the limits of a state highway. Section 4561.10-1i a municipal corporation fails to mark itself for aviatioin purposes, thi Directo:r of the Department of Trans- portation shall do so. Section 4561.11-The Department must approve airports to be used for co-,mnmercial purposes. Section 1523.14- The Department of Transportation approves municipal construction of bridges, etc., along with the Chief of the Division of Water. Section5501.31-The Director of the Department of Transportation supervises the state highway system. Section 5501.03-Thne Direc- tor shall prepare comprehensive plans for public transportato -- fac i -liti-s and prepare for mass transit facilities. 3) Specific Powers a) L and-Section 4153.11-Unless a permit has been issued by th- Director of Transportation or the Board of County Commissioners or the Board of Township Trustees or such other public authority that is charged by law :.sith the maintenance of a public road with the approval of the Chief of Division of Reclamation and the De- partment of Natural Resources, no persona, irm or corporctio.n en- gagred in a mining or quarrying any mineral stone or clay shall lhasv a :ni ne closer than 50 feet to any public road. Section 5501.31- The Director may aulthorize widening of any state highway, etc. Section 5511.0-'--Thle Directo.r may re--locate highways going throughi Conservancy Districts. SectLonl 5521.01-The Director may repair, etc. state roads in municipal corporations if the municipal corpora- w"11 tion so approves. b) Water-The Director may enter into agreements rwit'l h!e Secretary of Defense in connection with the establislu:lantc; . .',~- tenaace, repair, etc. made necessary by rivers improvements, to "li[hwras a; 1d. lals _ilder jurisdiction and control of the Director. Section 5501.31-The Director may authorize the widening of or straightening of a highway in conne. or;i rlth' tlhe deepening or straightening of a water course. X) Power to Appropriate-Section 5501.31-The Director may appro- priate property necessary for the construction of oridges, etc. Section 5519.01-The Director may appropriate land for roads, bridges, etc. if necessary for the public convenience. Section 5579.01--ee nrctor, the Board of County Commissioners or Board of Township Trustees may in connection withi any road improvementsappropriate any drainage . rights outside of a line of a highwnay ( 21 ) DEPARTMENT OF' TRANSPO0 ?'- JIAITIT 4 continued- 5) Power to Lease, Sell or Promote Developemnt of Land-Sebitloft 5501.37-The Director may sell unneeded proper'y. Section 5501.45- The Director may convey any intereet :i la-.A 6) Exceptions to Powers 7) RuJle M-kinj Poaers-Section 4561.05-The Department of Trans- porLal.o- issues rules for air navigation. Section 5501.02-The Dire(Icito imay prescribe rules to carry out the powers andlfunctions 0: un-e Depart:nent. ( 22 ) 1) Creation of 'L'h-e atuo~vS~to 0 0,,acii Srctiorr910- The Department of Agri-culture may adoDut n--as,)rCF "for the _,_protC- tion of vineyards and corx-mercial vregetabie arexias inthe state from herbicides wrnch are fou-nd to have a hrft feb 9) eerlPowlers andl Du)ties-Secti-on 901 .30-The Director" of theC Dapar 'ine 1L ofl A-r-iculture m-iay apply to the Secretary Iof Arcul- ture of" the U-n-4ted States for Iua ~hb itati1on FunIds. SeOCt i o 905.32-The Di-rector of Agr.iculture shall issue permnits -for thLe use- and manufacture of fertilizer. Section 921.06)-Th-e Director of the Departianeu o-. A-rriculture shall control herbicide use. Section 921.63-Tiae Director of AgricultIre. shiall se~rv-_ as the PestCotl Corrtipact Administ-rator of the State. Section 921.14-The Di7rectlor of Agriculture mray after due public hearing, declare as a pest, any form,, of plawt or a-iimal life wh~ichi is injurilous t1o plaEnts and declare v'ihich economic poisons are highly toxic to main. Se~,_ct ILon- 951.20-Th- ia to *of Agri~icultuare may coo-Oe-cate ,wT tl an-yr oth er' o ff ic ial ag-ency f or the purpose of carryingr out and maigsure ona pesti-cide regxulation is uniform t-hroughIoat thre state. 3) Specific Powers a) Land-The,- Director shaall issue permiit- eua~n >to 913.02-1C'oj-qmercial canneries, Section 911.0'-Bakerfes, Section 913.23-ISo ft1 drvI'nk-I% _bottlrs, ISection 915. 02-C2ol d1,~-,D1 a,,ora 4arh ous Section 917.05-Dairies. b) Water 24) Power �I App-copr.~s~T --eNf gra nt 5)Power to Lease, Sell or Promote Development of Land 6) Excep-otions to Powers 7) Rile I4 kin, rRD- _o~~-3,; bI on 901.03-Th-e Depar!t,-Let- of TI 1- trure shnall adopt rules and regulations as to t-he conduct f r- ve s ia tio ;s. es 905.40'-The Department shall, promnul-at,- 'D- as toD thie reuai of fertilizer, uise anda manuf acture .* 921.07-Thie _Dil~-_-itlor mway issue orides restr' ctuincg theec use of certain_ chemicals, fung,-~icides and insectbicides. Scin92~.1_4--_,_v~ tCo~r of A-_-1calture may adopt aoo-ro-,-riat - rulles a-,nd -regsula-'Ons pro- viding for the collection and exmntOf sa-~n�es of o nc paISol,.-Is. (23) DIVISTONT OF iNES 1) Creation of the Authority-Section 4151.03 2) General Powers and Duties-Section 1509.031-Chiii' of the Division: of Min~es is to, in certain cases, review the approval of the Chilef of the Division of 0:il and Gas, allowing liquid disposal injection into an existing well or mrine. Section 4151.03-The Division of Mines shall enforce and supervise the execution of all laws enacted for the health and safety of persons xwitLnll, aboot or inL connection with mines, mining and quarries. 3) Specific Powers a) Land-Section 4153.111-No person shall conduct mining op- erations within 300 feet of an oil or gas well without permission from the Division and from the Chief of the Division of Oil and Gas. b) Water 4) Power to Appropriate 5) Power to Lease, Sell or Promote De;elopmnent of Land 5) Exceptions to Powers-Section 4153.11-Unless a permit hnas been issued by tile Director of Transporation or the Board of County Commissioners or the Board of Towns-ip Trustees or such other public authority that is charged by law with the maintenance of a public road,with the approval of the Chief of Division of Reclama- tion and the Department of Natural Resources, no person, firm or corporation engagred in a mining or quarrying any mineral stone or clay shall have a mine closer than 53 -eet -to any public moad. 7) Rule Making Powers-Section 4151.03-Chlief of the Division shall establish regulations, not inconsistent with the mining laws of the Stale o? Ohio. SeritLion 4L151.05-The Chief of thie Division shall v- issue regulations for gas storage and inspectors, chemists, etc. ( 24 ) DEPARTMNLT OF' ADMINISTTRA Tir- SEK\TICES 1) Creatilon of the A-Lt)< ,--ty-Section 123.01 2) General Powers and Duties-Section 123.0l-TIM- Deopart-,ent oe Administrative Services shall have general supervislo;i. o J'r th-" consstruction of any projects, improvements, of public buildings co;nstrui;cLed for' tile ;'!,( ; a.' ). ".:1 ,_ )_q' a:n SlgeSt CO;pr,-ehe1:;_._,- e plans for the development of grounds and buildings under co:_tr! $- the state. 3)- Specific Powers a) Land b) Water-Section 123.03-The waters of Laee Erle consistinc of the territory wi thn the boundaries of the state together with the soil beneajthl, and iPts contents, belong to tile State of Ohio as a trust for the people of the state, for the public uses wi ch it may adapt, subject to the powers of the United States government, to the public rights of narigation, water commerce, fishing and further subject to the property rights of litoral owners including the right to make 'iseable land use of the waters in front of or flowing past theiLr _la-.ds. Thne Deoartrtment of Administrative Services is the state agency charged with the care, protection and en,orcoenent of the state's rights. 4) Power to Appropriate-Section 123.21-The Director of Administrative Services may take possession of lands if an injury or obstruction in any of the public works which would materially impair their irmmediate use.exists. Section 123.45-The Director of Aiministrative Services is authorized to appropriate an easement for an overflow of a canal. 5) Power to Lease, Sell or Promote Development of Land-Section 123.62- The Director of the Depatieant of Administrative Services may lease unnecessary lands as lone as there is no interference with navigation of canals. Section 123.o8-The Director may sell land after the Director of Natural Resources has determined t'hat sauh lands are unsuitable for future or present recreational use. Section 123.70-A!1 sales leases or conveyances of any water or right to use the sane for hydraulic power made by the Director of Administrativre Services shall le )3je-,:t to the rights of the State for purposes of navigation, a,1d for the maintenance of state reservoirs as state parks and pleasre resorts. Section 123.031-Whenever the state acting through the Governor upoo_ th;e recommendation of the Director of Administrative - Services determinaes tnhat' any land underlying the waters of Lake Erie can be developed and improved or the_ -',w .-ars thereof used as specified without impairment to the public right of' navigation, etc., the state m-ay lease all or part of its interest subject to the powers of the UJ'ited States government. Section 155.09-Director may lease swamp land:;, or overflow lands, with approval of Governor and the Attorney General for fish -nd padne preserves. ( 25 ) DEPART-KENT OF ADMINISTRATIVEE SERVICES, CONLE"D 6) Exceptions -to onc I) l-,13 e Makinrr Powers-Section 123.03-Any -order oT theliiiio Adl ilnistrative Sovcsin any man-ner perta~ini ng to thl~e c ar a A-' eno rl.- :i t o hestate rights in said t1er-ritory of Lake E r Ie s~hal I .)~ donc 0 a rul or a iud i cat ion. 5e ct i on 12 3 .76(-Th)e Departmarnet, of Administrative Servic_-s shiall mak-D and call. ul; n reJul1at~o-s pertanbegto bodies of water and adjacent laind, un-der t'. jwen~ o i& h)r~et that are used by the geea pu~bliLc for recreational pur-poses, as m.ay ene sry for tthe -Proper control of management of said lands and bodies of wate-r. (26) STATE BOARD OF HOUSING 1) Creation of the Authority-Section 3735.01-The State Board shall consist of the Director of Public Welfare, Director of Ad- ministrat-ve Services, Director of Economic and Co-mmauinity Devel- opment and four others appointed by the Governor. 2) General Po~,~ers and Duties-Section 3735.02-No housing project propose; by a li-ited, dividend housing company shall be under- tak en and no building or other construction shall !i.e placed under contract or started without the approval of the State Boar of Housnlg. Section 3735.13-A limited dividend housing company is one orgai zed for a public purpose with return on initial i:vest- ment limited to six percent per annum. All powers granted are subject to Board approval. 3) Specific Powers a) Land b) Water 4) Power to Appropriate-Section 3735.11-Wnhen the State Board of Housing has approved a project of a limited dividead housing company, the property required for such project may be acquired by thie exercise of the power of eminent domain. 5) Power to Lease, Sell or Promote Development of Land 6) Exceptions to Powers 7) Rule Making Powers ( 27) ~METROPOLITAN HOUSING AUTHORIT'i 1) Creation of the Authority-Section 3735.27-A Metropolitan Housiir Authority is created by resolution. of the State Board of Housing when it is determined that there is a need for a housing authority in any portion of any county that comprises two or more political subdivisions, but it less than all territory withirn the county. 2) General Powers and Duties-Section 3735.27-The State Board of Housing shall adopt the resolution creating a Metropolitan Board of Housing when it is determined that there are unsanitary or un- safe inhabited housing within the area or there is a shortage of sanitary housing accommodations within the area. Section 3735.31- The Metropolitan Housing Authority has the power to clear, plan and rebuild slum areas within the district, under its authority,and to create and provide safe and sanitary housing accommodations to families of low income, within the district. 3) Specific Powers a) Land-Section 3735.44-The planning , zoning and sanitary laws of the state and of any political subdivision in which a housing project is located shall apply to housing projects of the Metropolitan Housing Authority to the same extent as if said pro- jects were planned and constructed or operated by private persons. b) Water 4) Power to Appropriate-Section 3735.32-A Metropolitan Housing Authority may appropriate, enter upon and hold real estate within its territorial limits. 5) Power to Lease, Sell or Promote Develop-nent of Land 6) Exceptions to Powers-Section 3735.44-Before any housing pr.o- jec b of an authority is considered by the authority or any real estate acquired or any agreement for its acquisition, is mnale, >-h locatiol, extent and general features of the proposed layout shall be submitted to the Planning Commission of -he municipal corporation in which the proposed project is located for thile ad;ice of such planning commission. 7) Rule Making Powers ( 28) OHiIO 1BJILDING AUTHIORITY 1) Crealion of the Authiori ty-Section 152.01 2) General Powers and DulOties-Sec:i.o Ohio Build Authority may puirchase, construct, enlarge and operate buli ngs for i'.-: p'pS-: )'' 3 ip; ) :; o .ao are , !gibtle to receive old age, survivors, or disability insurance payrments and are det, ejrLi :li to be unable as a result of mental ill].ness to protect, to provide complete care for themselves, and to conduct in;est.igatto Lri3,: ao .s i-g ant-d livin conditions. 3) Specific Powers a) Land-Section 152.05-Any department of the state with the consent of thne Governor :!ay e-:,ter into an a.oreement with the O'hio Building Authority permitting the authority to use land under uhe control of the department, not required for the purposes of the departument. b*) WtJ1 e v I.) P-....r to Appropriate-Section 152.21-May appropriate land for the const-Lructio-a of state buildings or fo)r 'he Iuse of state agencies only. 5) Power to Lease, Sell or Promote Development of La'rl-Se, t ' .o . i 2.05-The Ohio Bailding Authority may .use unused land owned by another state agency or departienLi. �q) Exceptions to P.!vers 7) Rule Mak'ing Powers ( 29) 'DTPAT{DE NT OF ECONOMIC ANPD C OTv3h'IUT:TITY DEV7_LO PME 14' 1) Crea~wOfic2Lo\ihrt-ccir 122. 01 2) General PowerZ and Dui2--3: Ln19 1r eam rGof Economic and Community DzLveloprrvnA .3121 2 Inolvi Dnl a aid ~ngasdesi-rad to assure that statue rs rm ~ Lf used, econom_,ic growt-h is properly balanced, commmt _Dr ~p'r~lq~ in aopDDr manner and local -overnm,_nts are coordinated withr each ottheir andJI tl-i- -3tbs ertJ,.,, 122. 03-The Dec)ar-1-met of Ecoriomic and C"ommunity Development sh~all - laepa~.i6 ;-: ~~.am 1~~-Lanos-Ce olan-,s for th-,e poroi-otion for-( more desJ reabl patterns of growth and dOveoma f resuae i- eh Stt. Sect.Lon 12.3TeDirector of the Economic and Communitv Develo-c_-1:nIy snai oore as :ai eav'sr to-ie Gorrer-nor and various stl-te department boards, agencies and commfrissionaS wvith esso t SpecificPo-vers a) Land b) Wat-e r 4) Power to Appropriate 5) Power to Lease., Sell or Pl-ro-iot-e Dvlonn;D Laid 5) Exceptions to Powers -7) Rule Making Pow~ers-Section 122.05D-Th",e nratofcnoc and Comnmunity Development shall recommend cru2l91 a_-e-, for n 'T 1_(VjL1'j!_ :~ndnavgeoLn of daties of com~irantles, shall prepare and maintain rules and reguilatio-is oo-ni ertificati(on o:r wo-rkabI,. Turog~rams for impacted cities. ~~~~~~~~~~~0 POWER. SITIDIG COPIMISSIOT! 1) Creation of thie Authorlity-Section 2490,5.02-Po,"er Sititi~-; Com- mis~slori sr)al) 0b3 o:mre of' tIh~e Chimnof the Pa blI c Ut~ill~t - coamI'-lsion, Dir-ector of EPA, the Direc tor 2 7i-a-Ith, Director of' Davelopimen~t and a member of the D-;.bllic w.o�'1be a n Enenn"eer. ~ 2) Gerare Powers and Duties-Secti',on !)-b' 03Th Powe Sp 0 C o~m'n isi ~o s hall c omp ilIe anrid p ublisa eac >a cK eatio-ig of th:e proposed power plant sites and approv~e or I~ ao]irationis for a certificate.Scto49.0-opr1 Ouience to construct a major utility facil-ity, mea-Inc na a _Irn ra -'-!_ - plIa-nt ga sor natural -as transmi ssion lin e'etc fir~st hav. cs otalinel a certificate for the facility from the Co-n- nq1 sSis o n Sectio_- 49 _ :0T'ie ~rict sh-all be cond+i 1on-u oo the facility being incmlianc-e ith l- tee sa id a ,d s and -31 iati~ adopted uLnder Ch~apters 370)4, 3734 and 5 I Il -ia tlig to (I Ar Pollution Control-, (2) Solid Waste Disposal a.,.d (3) Wat:er ~o 1lu ti o n Control. 3) Specific Powers a) La.nd b J) e Wte r ')Power to Appropriate 5) Power to Lease, Sell or rvt Dreoleeiu- Of Land * ~6) Exceptions to Powers 7) Ele Making Powers (31) UTILITIES ANDPUB3LIC TJTILLITTE S COT`,UISS IOU 0 ~1) Crea tt:-a-. of -h I> rL;r3c&oi705. 82-Thie Di-rector of Public Service shall ang a-_i- _:) roxespons___ he for tne construction and improvement of all utilitiel; oviried :D-, op-. c.a,.-_ 1) a -11u_3nicipal corpor- ation, etc. Secton 4095.0S-Thne Pabli-c [Jt~~ oniso hl have ~-eneral supervision ov-,,r all p-imlic ui 2) Gener:al Powers and Du).ties-Sectio-n 14933.25 )-ThoCoisso issuez; certificates of public convenience Lo a.saa~ i)Jsa ytm nemlttinE it to noerat-e. Section 41931.02-.A telec-aph on&r a ~o-,-stract and own lines., etc., and may appropr ate land needed for such lInes. Section 4933.13-An electric ,oi7,LO -I 2Cfl5 nt O a >-.,liiicipal corporation may construct power line,,-, etc. 3) r3p -e Ifi c Power s a) Land b) Water-Section 4933.151-A com-:pan-y sap-)1yinga~_~ water may appro- ~'Priate land., unless the land is essential I-o a corp oration, pos- sessing the power of eminent domain. Ii)Powe~r to Appropriate-Section 4931.02-A zelegraph comipaniy may appropriate land that is needed for constru'_cti:,o, ofl lirlet Sectio '4931.06-A telegraph company may appropriate land of aralod within 5 fee:-t of 'he railroads outer most limits of right ofl way. Section 4933.15-An electric company may appropr`~at-,_;-_0ess the land is essential to an corporation, having Abhe powier of eminent domain. 5) Power to Lease, Sell or Promote Development of Land 6D) EYC-ep~t'1oa. to POo;ler5-Section 4931.08-If a telegraph comi-pa-y needs land dedicated to a public use, a municipal corporation r~ covripromise or have probate court dilrec~t tGhe resu'Lt. -~ 7)Rule making Powers-Section 743.02-Thae Director of Public Services mlakes -Piles for thae regulation of mu~nicipal water works. (32) APPENDIX C. Municipal, County and Regional Ailthorities -Wp 1 0 BOARD OF COUNTY COMMISSIONERS 1) Creation of the Authority-Section 302.08-Board of County Commissioners is elected by the residents of the county. 2) General Powers and Duties-Section 302.13-The Board of County Commissioners may establish a Department of Finance, Welfare, Health, Public Works, a Department of Sewers and Water; may ac- quire, maintain and lease property including buildings and other public improvements as provided by law and may, by ordinance, make any rule or act in any manner, specifically provided by general law. Section 1545.02-The Board of County Commissioners shall be responsible for the creation of Park Districts. Section 303.37- The Board of County Commissioners shall have the powers to under- take and carry out County Renewal Projects within the county but outside the corporation limit of cities. Section 6151.09-The Board of County Commissioners may cause a river, creek or water course to be straightened or cleaned out for the purpose and pro- tection of any bridge or road within its control. Section 5553.02- The Board of County Commissioners may locate, alter, etc. roads within the county. Section 5555.02-The Board may construct or repair a public road within the county. Section 5551.01-The Board may divert a river if necessary to provide proper location for a bridge or road. 3) Specific Powers a) Land-Section 303.02-The Board of County Commissioners may, in accordance with the comprehensive plan, regulate, by re- solution, the location, height, sizes of yards, uses of building and for such purposes, may divide all or any part of the unin- corporate territory of the county, into districts or zones. Section 307.20-The Board of County Commissioners shall have the same authority with respect to airports, landing fields, and other air navigation facilities as is conferred upon municipal corpora- tions and may operate thereon public recreation facilities and public parks. b) Water-Section 307.77-The Board of County Commissioners may give aid to a department of the United States or of the state for public improvement to reduce flood damage or regulate stream channels. Section 343.01-The Board has authority to create county refuse and disposal districts. Section 6151.09-The Board of County Commissioners may cause a river, creek or water course to be straightened or cleaned out for the purpose and protection of any bridge or road within its control. Section 5551.01-The Board may divert a river if necessary to provide proper location for a bridge or road. (.33) BOARD OF COUNTY COLMISSIO}ERS - continued- 4) Power to Appropriate-Section 303.38-The Board of Couinty Comnmissioners may acquire by eminent domain any interest in real property which it deems necessary for or in connection with the County Renewal Project within the counity. Section 307'.3O-The Board of County Colmunissioners may appropriate land for a right of way or easement, etc. Section 5555.09-The Board may appropriate lands needed for the improvement of county roads. Section 5570.01- The Boar-rray appropriate drainage rights in connection wit'h a road improvement. Section 5579.02-The Board may appropriate drainage rights in connection with a right of way. 5) Power to Lease, Sell or Promote Development of Land-Section 303.27-The Board of County Commissioners shall afford maximum opportunity, consistent with the sound needs of the county, to the rehabilitation or redevelopment of the county renewal area by private enterprise. Section 307.11-When the county would be bene- fited, the Board of County Commissioners may make, execute and deliver contracts or leases to mine iron ore, stone, gas and other minerals upon lands owned by such county. 6) Exceptions to Powers-Section 303.18-Zoning Regulations issued by the Board of County Commissioners shall not apply within municipal corporations. Section 302.13-In cases of conflict be- tween the Board and a municipal corporation or a township, in the exercise of their powers, the municipality or township shall pre- vail. 7) Rule Making Powers ( 34 ) COU111L RLTIXL 'ZOis i{G 1) Creation of the Authorit--Sectuio 303.0)2-3'o.rl of Cou!ntyf Co-:iissiorners Section 303.004-Counrty Rural Zonring Co!m:'tis.rio.o. 2) C;Ge ne-a!l Po. 's and Duties-Section 303.02-For the purpose of promo tn rg the public health, safe4r .' 3 .-' the Board3 of County Co-mmissioners may divide all or any part of the unincorpnora~t -er'ti t0 oD ,P:he county into districts or zones of such number, shape and area as the Board deter", lines. ,Se.t:i.o. 303.-0! and Section 303.05-The Board of County Commissioners shall create anda ei.abl-hl a County Raral Zoning Commission which shall submit a plan representing the reco;mienilatio; of the Zoi'ting Co.mission for the carrying out by the Board of County Cormnissioners of :;'e z&o:.Yig acG>,'Lties. 3) Spc-iD ,ic Powers a) Land-Section 303.22-Where the people of a township have appro-ved Township zoning regulations prior to the adoption of a county rural zoning resolut:ioin .y th:e Board of County Commissioners and the county plan includes area covered by thie to ...I-,.. ;ril- 1la,- the zoning resolution adopted by the Township Trustees shall take pre.idence over the zoning resolution adopted by the Board of County Commissioners, unless a -mnajority of township residents approve the county rural zoning plan. b) Water 4) Power to Appropriate 5) Power to Lease, Sell or Promote Development of Land 6) Exce-ptions t( Po--)rs-Section 303.21-T'e Cou'nty Rural Zoning Commmission and the Board of Counnty Comlssi-n:ers may not prohibit the use of any land for agricultural purposes nor may they prohibot -e loaio;:n or erection, change, enlargement or alteration of any blilding or structure:; of a public iti:lity or railroad nor may th-ey prohibit the use of any land for the cons trct'io of a dildin- and operation of any mercantile or retail establishment, drugstore, 1Lnch-room, place of establishment in any area zone for trade or indus try. 7) Rule Makilg Powers ( 35 ) AIRPORT ZONING BOAPJDS 1) Creation of the Authority-Section 41563.03 2) General Powr.s a.nd Duties-Section 4563.03-When an airport is publicly owned and all airport hazard areas, pertaining to such airport are located in the territorial limits of one political subdivision, the legislative authority of the political subdivision shall constitute the Airport Zoning Board. 3) Specific Powers a) Land-Section-4563.03-The Airport Zoning Board may adopt and enforce airport zoning regulations for such airport hazard area. The Board may pa:ss its regulations dividing hazard areas into zones, may regulate and restrict land uses which, by their nature, constitute airport hazards and may restrict thie height to which structures may be erected or objects of natural growth, allow- ed to grow. Section 4563.05-Prior to any initial zoning, the Air- port Zoning Board is to appoint a Commission to be known as the Airport Zoning Cormmission to recom-nend the boundaries of various zones, etc. b) Water 4) Power to Appropriate 5) Power to Lease, Sell or Promote Development of Land 6) Exceptions to Powers-Section 4563.04-When airport zoning regu- lations conflict with other zoning regulations applicable to the same area, the limitation or requirement best calculated to insure safety.shall govern. Section 4563.09-No airport zoning regulation shall require the change of a prior non-conforming use. 7) Rule Making Powers-Section 4563.06-No airport zoning regula- tion shall be adopted except, that, by the legislative body of the political subdivision, after public hearing. ( 36 ) COUNUTY ANDT REGIONAL PL["." UNITNG CO_'ri5DSIO1\ 1) Creu.onoftWcPtor h ~ o 71 3.92-The iBoard oC County Conirriissloners of ary-ony ural - - J iton o tm pn n . rn c ommi ss ion of a _ma jor ity of t'i-bCI"- ". '3 i- ~yera t:! D in thm Cou)nt y having such planning corra-issl on-, -S a ITJL3o arid "-1aintenalce of a Co,-QUnty pla-rv' ~C'I l Sect-ion 713.21-Tlie O.;nn ng o "ay TInn"icipal c orp orat-Ai or --roap coc.-jara'-:7.oooruo-o aiy board o~f to-~r r hp trustees and. thae boar-d of coarn."- fl**~'y ) '- such i-unricipal corporation or group of murr--icipal ooruio IC J-)---1 may cooperate in the creation of a Regional Pla_-nning Co-L-', Lev.. 2) Gemin TK&ral_ ; 1rrA S *-> ;D 303 rLalo county planning commission shall :n.rak-e rec o-ir.endatiolos oerng thae environment and economic aspects of Line re-ion, prepare ;lc aC~en~a~i aB is :ro1,v ),)-ii space a-nd .etermine area for purposes of conservatlon. Se-ti1on 713.25-T-he plan.ning commission of any mu~nicipal corporation o ' 'h7c a Dn gor i. .mir; 3ln� cerotified may adopt such plan and. sh.-all th-er-e *ipon n,)ave s-i same force wvithin the mouni cipal corporat-ioDn and is prov' deJ b -.e ) o- olns prfepared and adopted by the local planning co0--imi s S ion. 3)T S ific Powe rs * ~~~a) Land b) Water 4) Power to Appropriate- 5) Power *t-o Lease, Sell or Promote Development of Land- Secon 732-Th-e Conyor Rerio-nal Plannin-r Commissions shall review and evaluate and' __[a'7e '-c-omm-enda'ti)ns fac thei_ plnn location and scheduling of puablic fcLin iooet I - U ! -regtion and affecting the development of tearea. 6) Exce-otions to Powiers Rule1- Makling Powers (37 COUNTY TRANSIT SYSTEM 1) Creation of the A~_thority-Section 306.01-A County Transit System and a Conlaty Transit Board shall be created by resolution of the Board of Co3unty ColniLs.;_o: r:;. 2') Gfe:earal Powers and Duties-Section 306.04-The County Transit Boa-rd shall control and operate the County Transit System. 3) Specific Powers a) Land b) Water 4) Power to Appropriate-Section 306.04-The County Transit Board shall exercise the power or eminent domain to pp-ropriate any real estate interests within or without the county necesosa-ry an :- n yr v :o the exercise of its powers. 5) Power to Lease, Sell or Promote Development of Land-Sec-ioa 30o.06-County Transit Board may enter into an agreement with any runicipal corporation, township or other county whereby such Board undertakes to provide transportation services for the movement of persons within, from, or to such municipal corporations, townships 'r ,Oullnlt r. 6) Exceptions to Powers-Section 306.04 (0) (1)-The Board may not appropriate property of a state or municipal corporation without consent of the state, municipal corporation, etc. The Board may appropriate property of a cot-.ao;n carrier, public utility, etc. only if it provides for duplication or restoration. 7) Rule Making Powers ( 38 ) RJ] }ON'AL T AS[' 1) C re ationr o)f the i A~;,o-j. ty-Section 305._32--A R- -1ional Tr,.ansit Authority may be createdl by a-:ir couiz r ani W: ~ Mliinnlcipal corporatilo-ns, onhp or co~Y_Ilbcation thereof for,, the purpose of acquiring.:- opa >* ii -; a d t Y.a ns5i far-,I I ies. 2) General Po-,"ers arid Duties-Section 3OS.34-All -tie pow,",i' a~i" -~~~~~~~~~~~D -I -=& r- i SVte or Iuhri nsal be vested in a Board of Trustees whi-ch sh'all manage and C co ~oduo.Ct its ~ ~ i~ So: t io 315 3-A Re,-ional Tr~ans-i Authnority may,) acquire, improve, extend and inav~- changes for the use of ,71 3) Specific Pow~~rs a) Land b) Water 4) Power to Appropriate-Secti-on 306-`36-,SF',a_- Board of Tr:_st-:es r a Regional Transit Authority may exercise -Gower otf e-iinent ao0-,i<_i~ to a~%D2 )pr-)oe y lanad, right, easement o-r other property w,,hich is within or without the territoril boucu-s Iof Tetranslt- autho_-itv, necessary or prope-:r t-o t-he construction or efficienIt operation of any tran~'s_.t fc~ Powver to Lease, Sell or Pl-oromote Dlevelop:Qaent of Land 6) Exceptions to Powers-Section 30-D-36.-A R,,-g-io 'a Tran-sl-', _Authority does not have thie power to appropriate a-ny land or easement -enIt r-ig to the stt zrn-K V porat o-1 0 itho t'rie consent of the state or municipal corporation. Section 303D.'-~ LD>ixgi th-e chp>'~pLrtain i~q to _oalTransit Auth1-ori_-tiJe s shall limit the exercise of the- powevr o -, I'lvo' J7 gran-tled to thqe counties, municipal corporations. 7) Rule Making Powers-Section, 306.35-T',-_,-gI~o T ransit Authnority may make, adopt, amend and repeal by- laws for 'the a d-mi nis tra tio o a)f i ts affa 1rs1 a_0rue and reguln.ti-ons 3o -as to1 contr-ol thne administration and operation of transit alie ni,'er it4-'s Jurisdiction. (39) PORT AUTHORTTIES 1) Creation of the Authority-Section 4552.02-Any municipal corporation, towns hip, county or combination of the above, no one of which has been included in a Port Authority in existence on December 15, 1964, comprised morve than one subdivisionsmay create a Port AuthoritU.- 2) General Powers and Duties-Section 4532.07-The Board of Direc- tors, as created under Section 4582.03, prepares a plan for future development and shall give notice to land owners, upland and con- tiguous to submerged land. Secton ,L582.03-The Port Authority shall be governed by a Board of Directors. Se!tion 392.06-T-e Autlority may construct and operate docks, warehouses, aviation facilities and recreational facilities in, or on the water or waterfront. 3) Specific Powers a) Land b) Water-Section ,532.06-The Port Authority may straighten anad deeen tater courses necessary for proper development of the port. F) Power *to Appropriate-Section 4582.06-A Port Authority may ex- ercise the right of eminent domain to appropriate aily land rights and ufaJb, necessary or proper for the construction or efficient op- eratio-l. of any facility of the Port Authority and included in its official plan. The Authority must provide for duplication reloca- tion if public property or property of a common carrier in inter- state commerce is appropriated. 5) Power to Lease, Sell or Promote Development of Land-Section 4532.06-A Port Authority may purchase, sell, lease wharves, etc. 6) Exceptions to Powers-Section 4582.16-No municipal corporation participating in a Port Authority shall, during the authority's existence, exercise powers over Lake Erie. ( 40 PAi{K DIS IRIC TS 1) Creation of teAuthor'-t T- 3 e ti 155. 55.021-Park district maine cr~ted by peti tion to tbe Prol)ate Co<irt <U th cunj Th h1 :, ~ ~1 T3~y~:~ US to ID lo2ated an wi lt -e so '~'- eatd fti t ro signe d by the majority of th-e e 1 torS 0 I' n il I.;- )LOu dq st3 Distr ebsay also ce U o rc~o'o -LI J~ Io county commissioners, board of uoI)n r't c llaLS a A') -Dt r of -ay ecIpa -1oor-Oorat 11on witaln- such proposed ditr'ct. 2) Gemeral Powers and Buties-Secti-,n- 15,5.35--fploon *r,,: ain of dis trict, the probate judge creat-in-g the district shnall aPpoint (3) ConDm-,-I on'r S L0C~ q- to cont_ t-. a, -~9 Board Seiin15'j45.07-Board of p -a Co-m-,lssioi-ers has thIe power to hire personnel for thle nroe a olam__'ing, developi.ngr, :,ror~ec tbing, mafintaining of ima 0 a_ 3) Selific Powers a) Land-Section 15415.li-The Bog.r-d 1-ia~ __ aIi.~>~?~r resevesand for conservation of resources of the statue. S e ti on, 154 5. 15 - Terr vi tor y adIja, 2eit to th~ie pDar d is tr i ct r may` e_ an e xe d upon petition to the board of pak oeisinrswo Buill u't re quet th L Ue projatle court to allow thre annexation. b) Water-Section 1545.29-State canal laads aba-nJD-~ie _'-),_ caaeu' -'Ia' 'Dy e lae oaniy part district. 4) Power to Appropriate-Sectilon 1545.11-Thae Board of Par-'-,Li ~Oii~ ay acqir Ilan d s v Lt 1 o r wvi th out thre park district, for co-nservTation- into forest reserves and for th e c o nser va tuion ofi na 1,- 1 i I- 1- .I1 cs~zrc o - thel- stlate including streams, lakes, submerged la-ads, and swamp lands. 5) Power to Laasre, Sell or Pra-ilte Delpnt of La nScto1545.1 2- -Board may sell unneeded land or may lea-se-lan.1 :Forproe;nt iy]osstn wit'1 the pur-poses Tor wh1ich the land was acquired. 6.) Exceptions to Powers-Section 15T1-PcDI~s-Gr~t cav no i'o#r Go acouire or control any property owned or controlled by any othe-~r oubl-'L a-,)uhority, except by agreement. 7) Ruile Making Powers-Section 1545.09-Board of' Pa-_- ouIsinr I z" cl-_-ate rules *to protect the park a-id to preserve good order adjacent t~o th-e pal%-. (41) SEWER DISTRICTS (CObU!'TY ANiD REGIONAL1 1) Creation of the Author-;ty-S"ect o n 6117. 01-Cr-a' 'ed by resol- tion of the Board of County Co,-ori siocnerais 3.S oi*i'tS d:i.strict is to inclulde unincorporated territo-yr. Section -- 1.9 0!,- e. dis- trict is to encompass and to incTl-de territory from more t-an one coun tr, a Regioial Sewer District is to be created. 2) General Powers arid Dut.ie-SeCtion 56117.06-After the establish- ment of a Sewer Distri;t, hle Boa-rd of CoJty Co-frinissione-r s shall have prepared by the Cournty Sani-a-ry Engineer, a genlral plan for sewagse and sewage disposal, for said district. Sect..io ?9.. 1_- Anyl area sltuated iln an unincorporated part of one or more con- tiguous counties or in one or more municipalties or both may be organized as a Reglonal Water and Sewer District, to supply waters to users and to prov;ite for an-e o!!ectio. ttreatment and disposal of waste water within and -without the district. 3) SDeci fic Powers a) Land b ) Water 4) Power to Appropriate-Sectioa 6117.39-Wahnever in the opinion of the Board of County Commissioners, it is necessawry to proc re land for th'-e construction, maintenance or operation of a.y sewer. the Board may app rLate suh eal estate, ight of w.ay, easement, etc. Section 6117.47-The Board -aay approprilate property necessary for the proper construction and -aintenance of a trunk or mala sewer. Section 6117.4L8-The Board of County Com-nissioners may ar- prop-r %a-e lan.d necessary for an easement for a trunk or .-ain sewer. Section 11ll.11-The Board of Trustees of a Regional Water and Sewer District may condemn land for the use of toe district. 5) Power to Lease, Sell or Promote Development of Land 6) Exceptions to Powers 7) Rule Making Powers-Section 6117.01-Rules and rei-;ulations of the Board shall not be inconsistent -;ithl the r'-le, o- the Eroii.-'.-.;a Protection Agency. Section 6119.08-The Regional Authoritr has powers to make rules and regulations through its BDard of T. nstees. ( 42 ) S"ATFCTATRY D16TTRICTS 1) Creation of the- Ant hOritY-SeCtiot �13.04-The Coirm(Do Plas Cour-1t Ipol -petition cre-ates a dis-:Lc t tocen _iq Liersre a r'l re -ulate their ulow fo an ypuoses. 2) Gene,~ral Powers and Dutios-Sect ion 6_115. 16-Thie Boardj. o~ LYI- I~~~_i *Sr -~ i 3, ry -DieT tUri It sh-all- prepa-re a plan flor ' - prey ~'~i~nufor .,hich th~e district was created. S e cti o n 61151D ,Joon 11 n-,e of su-chi plan, th Bor sha _ -'i is to the En v Ir -,o. en t-' Protection Agency for approval. Section r'115. 13- The 'p' I B:i) are lj-mi-' e: to the constructio-a a3nd m ai 1,7h orks that are necessary to carry out the purposes of the district, in improv,-e~ f~ - o -_'iaio and w.ater supply. 3) Specific Powers a) Land b) Water 2)Power to Appropriate-Section 6115.22-The Board may co~ldernn land not al-aar codemyned by the Court. Section 6115.21'-Thie Board when it deems it necessa-ry shall. h-iave domina n 9 t -i ~'-o0 e-inent domain over rail"roads, telegraph, telephone companies, counties, ir,,nicipal :2orpoorat-'ons and othier local goijernmentual 5) PDoy-r to9 JLIase -Sell or Promote Develop-roent of Land-Section- 6115.19-Thie Board may, encumber and lease land needed for the lo- cation of works of th-~e district. 6)Excepot~ons to Powers-Section .61.3TeBoard oi- Directors of a Sanitary District do riot havre thae pl)wer-l tocostu. iin - lateoral sellers or s~ewerc systems, Afater mainis, etc. for loccal ser- vice within the political su'bdivisionis forming th1e district; s-ucha improvements in every case being provided by th-e pui-blic, cr-p-~ora- tioins or per-oaDs serv-ed by the. woork's ofr thre diSt'r i ct. Section 6115.15-If a Sanitary District is esbtablis'led~ for uos a ttsin 1 K me o-'~ri s~on of watersuppDly, for puablic use, no1 -u-l- corporat-ion shall install within such distri~ct any otle _~ , o r - charge of sewage or othqer li~quid wste until thie plans ha-,,r been submitted to and raceived appoa by th ea 43 0 1) ~Creation of the Authority-Section l1.LCn~n thme pet-ition to thIe Soil and Water Conservti�oa -~ ~ ~ 1513. 0--The Cousr-mr-, VI Pistr~c shall he groverned by- supervisors. Section 6101. -1 3 -- TIP -, _01rcto-tu-r of t 'i-ei ~ m a Protection Agency -must approve the creation o.f. -a rclsrit * ~2) General Powers and Duties--Section 1515.03-SuI~erv'FI 0m �v~stigatesoil erosion and prevent erosion. Se ct J'io 151 IO- 'c~ovacydi~trl:ts -;,ay receive aid from the Division of Land a-ad Soil. Section 6.LOL.-24-Tere pr,:pe:rty and water o- ?,-'e district shall be used to best promote welfare of thle iiabat.' 3) Speci-fic PLowers a) Land--Section 1515.08--The District -may implerment., plan, construct etc. and operate areve-) ( -n-cntlrol m-easures authoc-ri4zed utnder state and federal programs for natlirl)' r~esorD_-c-3 cservat-._n andi flood prevention and utilization of water within the dis'1-.Lct. 3 Thji i-cth aopprvloheDrco of Natural Resources. b) Water 4) Power to Appropriat-e--Sectio-n 'ZOI-0.3-T:-wi Board o-f Di-,~-tcxpz o- Conservancy districts may -:ondem.n to the uses of the isti: ara -or ro-0ercy wihnor w.-ithiout said d srcnot a curdor condezrn-ed on the report of the.- 'boal--l 'v2 apt,,t-2A -,03 of teon!Cacvdistrict. Section~ 6101.17-The board of a district shall hlave a dominan-t itighi-_ of em-inent domain over rai'lioad, telegraph, telephone companies, townships , iunic j-pal 'v -'L~tons e te. 5)Exceptions to Powers-Section 1515.13-Nothing cotaiedwtith __ section pertaining to the Soil and Water CcevtoC~~t hl constitute an infringement upon the powers and righI-ts of t,!_) :)is. f 7) Rule Making Powers-Section 6101.24-The board ---_ay na-ergltons Dor thie determ.inat. !ion and measurement o~f the increased teC ~o ~eniet us ofor benefit of the water supply of the district, for de t Ci ngrtsof ~opnat-ioad for security to all carties interested, the -reatest ande be.-,; use of t'le Iaters5~~ro (44 WATER~ SHED DISTRICT!) 1) Creation of' th-c Ali.thoritv-Sec-t-_Ior !'10.02., and Section 6111.42. 2) G~eneral Powe-rs and Du-ties-Secti-on 6!05.12-Th,,e Board3 of D~irtec- tors shall develop plants for waeas--, prsn oareph s- mission to the Environmental Protectio A;cyet aer r sou~rce ~co-ntrol. Section 06111.42-Th~e Dire,_tor of, --oA nshll have the authority to prepare an accurate -m)a p eul , des,,3-,' ic)_ 'D of th terrti torial bondries of proposed water s'----d districts wti the state. Section 6105-.131-The Board of' Directors of a Water Shild District shall recommend appropriate means 'Uo resolve .- ate1 ~!r eon-1 , .- flic ts aioaln- -water user interests and between gee graphis areas w-'Ithnin the territori al -Dou-adaries of thne distric shiall designate specific reaches I n th I-e 2,annel of an:-y watercus ithin the territorial boi)ndaries of the district as at restrlct'-_d --laniiel an shall issue permits authorizing the construction chane o a2lter.- --tzon of the structure or obstruction in a restricted chiannel,,~r 3) Specific PowerZs a) Land b) Water 4) Power to Approp-riateD 5) Power to Lease, Sell or Promote Development of Land 6)D EXceptiov's to RDIIIv_(1 7) PRule Making Powers 45 17ITIC IPAL CORPORATIONS is ~1) Creat'-ioiA of teAutirority-Article IP8, Section 3 ofC thce Orl._1 Con,,lb- ion. Section 701.05 2) General Powers and Dutie s-cto 7'5.06-A _rn-nic ,'par corpor~ati7on may establish and operate municipal lighting, power a_,-d na. plats and. procure everything necessary for uhoaii -)i! 'T~ 77. 01-A municipal corporation may acquire by pu,_rch,-ase or crsceuntOs al property, construct ,.h-arves and lan-i-s o nay1_~ab2 ewat-e-o, c sucoreuieeate~r w orks to su-y ae to the inhabitants of the munici-,al3. icorporatIon Compirers ai sewage disposal wor-ks, construct hlosptascst> dans., wasteways and improve any water cus asn __-aIipa corporation. Section 721.04-.Any mj-nicipal c)~ ou I-in~t:~ofwhichn thnere is inldd a part of the--_ Shore~ of the water-s a-, La-e -brie -,ay 1-n -_~ild o-l rlav-, -ation and-- aer co'~e -cc, construct, maintain and ope-rate piers, docks on any land blri to the MUni-cipal corporation. Any such n-,'_1icipal corpora en a ord-inance subject to federal legislation, ~sta'U!J.Sh harbor 11 .-Dohe regulations. The territory for wvhich thxis sect'on rri Is -!-Allen,- to 'Ghat wvithin the limits of the- -municipal cor-Dration -and extands n7 into Lk E tohedistanc~_e of two miles -frol the natural shoreline. For all purpos,,_s oF go;emvn il of s-uch powercs, the limits of any such munilcipal oor .~e hld to extend out, An, ovradudrsch wrater an- or_ thIat made wJ ithin such *territory. All powers granted :sn'afl .v~ e:xercised subject to the powers of the Uniited Sae gro u- e n-ient amid ":he poublic riguhts of navigation. All mineral t Su or other natura'l resources existing, in the soil or water ir) s-Jni-) territ~ory oahethler they a! riot.y>ATe by -.ater or not are~ reser-v 4e to the state. Section 713. 01--A -unIcia co!'o'o.n a stabl sn a city planning commission. Section 715.4::D-A mnCi I.LL~3 LC -Do -hay ri air,( :-c-struct sewage disposal wor'ks. Section 715.-43-A` manic corporaton has the power to collect and dispose_ of reue Sec tion 715 .29--A rmun-ici 1p--l' -02-Dpovatio 110Amay regulat e by ordlinance- the use., control and mainte',ran-ce of buldosnuse for hanoccupanzcy. 3) Specific Powers a) Lanrd-S~ctdion 709.13.-Theina.L&s of a munici-cal corporation -may enlarge the limits of silicomnicol yw ain2:nonof contiguous territory. b) Water-Section 715.08-A lnrc 2'_0 -,IC cr L) ion Iar 'r - for the supply of water by the consPt 'ction of wel>s'1-1 ~n~' zu&<s I-or thae protection of sach. water supply a nd o' the unnecessarv ae of viat,-i5.1 i_- Section l municipal corporation may open, en -re etc. any canal or D-mo~ located -inwon o--( in part in the Tun ic ia,1i t y. Sec t o1 (0 71 municilpal corporation may regulate cublic landincrs, d oa:'. ~ to (46) MUNiICIPAL CORPO~RATI0OTS CONT'D 4) Power to Appropriat~Ie-Section. 709.13--A municipal cor.Ooration ma; ar adjacent territory. Section 71.-Amunici-pal cop . may appropriate real estate for opening, st'~;t-ngaoll ext- ,d4.g streets or other public places fc--~ parkrs, for MOiULD h'DSD A ~,leviles, wharves and landings, for providing, a -aer i) Qor Lu~~fand its inhabitants, for the p';r-cpose Of 'LICc con as tr Y- (D aDr op ra`.one of streets, for other railwa-, companies_ for establish; air DOYiA, lni g fi-lds or oh -r air navigation facilities, either w~ithin or withott 0-the -at ~a mu~nicipal corporation, for aircraftl arid tasott ~- a~wt o to irmpose restrictions on any part. there.o-f a'nd ~lea-sinc Sjc' part- thereof as isdesired for the purposes asso: ate t ;., r 3rr-:i- Ua ai-aors., andi~ng fields ec 5) Power to Lease, Sell or Pro-mote ofemlIh0 Land-Sect,-on 715.01- Amunici-)-j.1 corporcation o~ay lease 'buil din~:s, structures orotr dr-provements. Secti:on 72101- _MnIicipD-, corpo-_,ation may sell or lease property belonging to the municipal croaun 1) Exceptions to Powers-Section 1509.39-A :nunCicpal cor3r- t z~may le,-islate so as to protect health and sa-fet'yr in th-e _,oarse of - or oil and gTas 'cut may not enact legislation which 'is less s thoian that a '' I ';n, -i -~I ', ch-apte,_ 7_509 re!lat ing- to the Div-i sion c Oil and Gas or thre rules promoulgatled by the ohief div'Lsion)~ of oil and ,:,as. Section 713.14-The legislative power grat-ted to t unicipal corporation does not repeal, reduce or modify ay poweir grn < yr wa ~h.. Qt any nmunicipal corporation or the legislative atorit 'r rioi or restGrict the power of1 any municipal corporation under Artic~le 1-9 of thie Oliio 1_`A:t7Ltdtl~ial. Section 713.15-The lawful use of`7 any structure or- la-nd as z~t3n and lawful at the time of enacting an zoning ordi nance --ray b,:~ co~~ald athoghsuAch use does not confoxrm with the ordinan-e but if suchi nonconforminu use is voluntarily discontinued forto years or more any future use of land shall be in confo~rmiy ii r sz-Cc- zoningc ordinance. Section 719.01-May not appropra~__L~ _a, of -a com-mon carrier, public utility unless -provision is ~iad- --,,D-- r (---S- sorationLD etc. 7) Rule Making Powers 47 1) C-reation of th nhrit- o 7 b 2) Gen~-eval Powecs an~d Du-ties-,Setion ll Y - Sarif"t-ary 3 ~3 ~1 :~ re~~im' con~roiof tie VI idc rnaint-ena:i2.-,0 saniaryplant arid thne purchase Qi' recessa-fy r~~p~p~r')fj:. "'ie B-oard' may modi fy the or-figina~l -elant socficatioss~' approval of the Director of EPA. Section 3707.42-Up,- 00- Uallninc, the approval of the Director of E.PA, th-e Dir~ ra- i -aritv of a municipal corporation may contract to eract arid na ~'~ salte o1~-iit.Sec tion 370741-Upon the recorvlendatio of the Board of Health',, of a, city~the le,-,-ilative aut-ior2- t-. 3- o~ th -overnmental subdivision m..ay cause plans and estI-ma-tes o " Of;-a pared and land to be appropriated as -is ne-,essa,-r to - o Do the proper disposal of sewvage, garbage and T'aste -maftutr-~ -Di tI 3) Specific Pow,,ers a) Land b) Water 4) PowerI Go -Aopropfiate-Section 3707(.41-A municipalcoorto ;~aycondmn and within or without its juvr sdiction for ostn io of a- 3 sitar pl 3I'J . do I belsosl of 7,waste, on recommv.elnda- tion of the Board of Health-. 3)Powe-r Lo Leas3e, Sell or Promote Devel opm-,ent of Land 6)Exc epti`ot-s t'o Pwr 7) Ble Making Powers (48 PARKS AINTI- RECI_~UATION 1) Ceacxn~ ~ ~A~Lhrit-Secion755.01 2) General Powers and Dute-eto 735 J_ 0--' B ; Pa- Col-1is1 ioners shall h,-ave control of thse mania-cement of parks. Sect-i on 755 . 08-ThLe Bo~%'_-, eQPsx. 11--.LL;:,3 eer3 mayl~ esta'oTis,2 or ext~-__d par',-s, boulevards and playgrounds withinJ-r sucq c-it.r or- terrL 1t-o,- contiguous thereto. 3) Specific Powers a) Land b) Water 24) Power to Aprp'aeSeto 5:3.03-The Board may ecr: pcroperty for park purposes. 5) Power to Lease, Sell or Pce-cs.Ov eI'n of Land 6) Exceptions to Powers 7) Rule Making Powers-Slection 755.07,-Th-e Bo-ard of PaLK i K x -,ay ado)pt rules in aid and control and managae-iet of parkls. (49 1) Croeation of the A-Jt:'ori ty-Section 'lQ3.ol-Tile :!' e isl.at'vo authority of a village or city may establish 3. city plaianning co~mmlssion. 2) General Powers ad Duties-Section 713.02-The plannin; corgmiss:;i of a city shall make plans and maps of the whole or any p-ortion of tihe municipal corporation showing the commissio-'s recommendation for the locations and character and extent of streets, alleys, etc. Whenever the commission makes such a plan no public building, str'c- ture, street, dock, utility, etc. shall be constructed or aulthor- ized to be constructed in the municipal corporation or portion thereof unless the location character and extent thereof is aproved- by the commission. 3) Specific Powers a) Land-Section 713.07-The planning commission may regulate and restrict the location of buildings. Section 713.08-The plan- ning co.-mmlission may place restrictions on the heights of buildings and structures. Section 713.09-The city planning conmission r.ay place restrictions on location, height and bulk of buildings. b) Water- 4) Power to Appropriate-No specific grant. 5) Power to Lease, Sell or Promote Development of Land 6) Exceptions to Powers-Section 713.02-The city planning commission disapproval of a certain location may be overriden by a 2/3 vote of the legislative authority. Section 713.14-Nothing in Chapter 7i3 snall repeal, reduce or modify any power granted by law or charter to any municipal corporation, or the legislative authority thereof or impair, restrict the power of any municipal corporation under Article 18 of the Ohio Constitution. Section 713.15-A municipal corporation may not enact a zoning ordinance, zoning out a prior non-conforming use and a prior non-conforming use becomes non- functional if it is voluntarily discontinued for two years. 7) Rule Malking Powers-Section 713.07-The city planning com=ission may adopt rules restricting the location of buildings. Section 713.03- The city planning commission may place height restrictions on buildings. ( 5o ) 0 APPEN]DIX D. Interstate Autborities 0kh FNTEQSTATvK iG iA L or4L�:o\ 1) c~e~i'Konof heAut-'icritY-Sectior 7L3'.30-Any ')o.ard of rO ~rt' cmmm 's o'~s and thle levi -slat~fve cau-thorJ1t oP0 a m,)] ,ciality ",a', coo j z; 7 suc o , therc 'oa-rds or autho<r ti"e-s o' u ri-i s '-ate a-d any- adjoin-7,- state_ tuo erctc b m ain ani Tnterstj "~ t c Plaiainc, 'vCmmsio henever such sulbdi visions co,,o -r-Lse a'i -NicehioI b eneaf itfromi the coop~elative gov-r-n-men-al pla-Inin- Section 713.33-An Interstate Regr-oioal Pllanni~ngD Co-,runjssior~ shall recommend --ocedures and. policies to th-,e appropriate authority to Promote the coortdlinate-d dolmetof the rege~on arid thueneral health, welf~are, convenience and prosperity of ti-ie peopueit th-e re,,`-o:. Th.)e commiss'Lon shall furthner recommend policies to promlote developm-ent ofthrein 2) i eneal Powers and Datlies 3) Splecific Powers a) Land-Section 713.-33-The Comssiona is to rcmednlce I-oo th~-e distrilbution and intensity, for g-eneral lanid use. b) Toat -_,-S'Decc:t L-- ( 13 .3'3-T',e- Comrimission is to reco-Irmend policies promoting water transportation. 1) Power to Appro-priatle 5) P~ to1 Tc& Sell o)r Promote Developm-,ent- of Land-Sect-io� 71.3-Thie linterstate Regional Planninig Coraunfssiot.shll, '_rl <iT* -aro,,ote development of the region. 6) Excepotions to Powers 7) Rule Making Powers (51) ~ N'I~V'!I'\T~ COMPACT: KENTUCKY I Creation of the, Atniiorit y-Seetio!" 1,0) - 34-Ohlo Con-u! r: T~1)1-_rrtate Cooperation. Section 105.36-The Oho Comniission. on 1t5d3 COOPS .2 OOoocween thmis state and other states as to facilitate the adiosr:ipt of ','ll.y -, 3� `7-011 3723.04-I1nterstate A-i-r Pollution Corpac". 2) General Powers and Duties-Article'-.iIL --Ise 4 -. ) aI created z)nder Article 3 and designated as the Ohio-Kentucllky Interstate Air Pollatiot- Control Commnittee determii'nes '-Aab -, al o:~l~~luLo or~i~nates in a party state and has an adverse effect on the other state, it may recoTmend a ane1;dof ibn Th; Kslo 'ls.lre~lo mai.ert aLr quality standards. rr~clto7 and issue cease and assist orders. 3) ci i c P O ir-eS; '_4W a) Land b) Water 4) Power to Appropriate Power to Lease, Sell or Promote DakreiooeesK; jf Ta. S) :Oc,1D~:~ bso Po-Dwers 7) P~ule Making Powers ( 52 ) INT~ ~', l1AT'~ COMNPACT: 1,N ! ST vTV ['~GFNT 1) C re a ti.on of Wf'ari i' So t o ri ~I A. oXiVA 0 Ts~~~~~i~~~Lit~~ch (-)E~tl~. !21(-,.) I~i 1>1K Oi2l'0~mr5o ; determines air pollutit-on arrha n e, p arts an adverse effect oa the ohicane, --G -,!ay recomm-:nd a mto of abatement, etc. The Commnission as -2-reated ?nder ',-e 3,wa::a icelop -am-bient air quality st-andards, -may rcorntor and also issue cease and ass~istoies Ar ;i'i~e 3..'~ Totertate Compact creates an Ohio-West Virginia Interstate Air Pollution Control Commi-Ile--. 3) Specific Powers a) Land b) Water 24) Power to Appvopriate 5) Pole-r 'Io- L a-o, S.,31 or P~romote- Developmn-fLn 6) Exceptions to Powers R) Pule Making~ Powersr (53) GRt'JAT LAI'IS BA1S0T COMPACT 1) Creation of the Autiiori ty-See tli 1i ol. - r: P-r-Cllehesive use of waters of' the Gr--at Lakes Basin. 2) Gene~!ral Patidrs and Deities-Section- 6161.01-Article 4-Creation of a Great L') -.Ia e CP i )'- ': I w I., i --'i -,'-i .-),all I I szc de r tdhe need for p,-b]--Ic works and improvements to the watber"- _x !: -,; !-I b>- as, hall approve navigation and port facilities, shall reco~mmend uniori sr Dt',e-r law.s relating to the development, use and conservation of th-e 7)as-i water resources and shall recommend the methods for t-Ie orderly , efficiec-t and balanced, develop-men't and use etc. of tne water resources for the basin. 3) Soecif--ic P owers a) Land b) Water 4) Power to Appropriate 5) Power to Lease, Sell or Promote Development of Land 6) Exceptions to Poai--s 7) Rule Making Powers ( 54 APPENDIX E. Private Entities llurw COMMIUNITY REDEVELOPM1ENT CORPORATIONS 1) Creation of the Authority-Section. 1723.01-Any general corporation formed, may qualify to operate as a Conmlunity Redeveloprwant Corpora- tion if it meets certain statutory requirements and its purposes is to initiate and conduct projects for the clesr'ance, replanninog, de- velopment and redevelopment of blighted areas within m;n-icipal corporation and when so authorized by financial agreement with the municipal corporation to acquire, plan, develop or operate one or more projects under such conditions of use as a regulated by Chapter 1723. 2) General Powers and Duties-Section 1728.02-The purpose of a Community Redevelopment Corporation is to conduct projects for clear- ance and redevelopment of blighted areas within a munuicipal corpora- tion. Section 1728.07-Every approved project shall be evidenced by a financial agreement between the municipal corporation and a com- munity urban redevelopment corporation. 3) Specific Powers a) Land-Section 1728.02-A municipal corporation havings acquired land in a blighted area may lease or sell property to the corporation on private terms. When a municipal corporation has acquired land in a blighted area the governing body of that municipal corporation may make such land available for use by the Coi,-mrunity Urban Redevelop- ment Corporation. b) Water 24) Power to Appropriate-Section 1728.13-MuLnicipal corporation }nay not acquire by emminent domain property of a public utility, for a Redevelopment Corporation. 5) Power to Lease, Sell or Promote Development of Land 6) Exceptions to Powers-Section 1728.13-A Cotm-aunity Redevelopment Corporation may not be competitive with a public utility. Section 1728.04-So long as a Community Urban Redevelopment Corporation is obligated under a financial agreement with a municipal corporation it shall not egagre in business other than the acquisition, con- struction and management of redevelopment projects within the blighted area. 7) Rule Making Powers (55) COMIUNiTY IMPROVEMENT CORPORATTONS 1) Creation of the Aiftnor'ty-Section 1724.01-A corporat-on ot for nroft-' ;may bse organized under this section for the sole pur- pose of advancing,encouraging and promoting the industrial-, c.-- nomics, comnmercial and civic development of a co-mmunity or area. 2) General Powers and Duties-Section 17224.02-The corporatio-n mr borrow, make loans, acqlire property and do all things necessary or convenient to carr-y onA poitwers created in Section 1724. Section 1724.10-A co1mmunity inprovement corporation may be designated by a political subdivision as the agency for the industrial co-rnerae. a-id research development. 3) Specific Powers a) Land b) Water a) Power to Appropriate 5) Power to Lease, Sell or Promote Development of Land-Section 17214.01-A comhuanit-y improvement corporation is organized to cro- mote industr-iat economic and civic development within a co=rzjmmuity. Section 724.10-A political subdivision may authorize a co-,murityr improvement corporation to sell or lease any lands etc. owned by the political subdivision. 6) Exceptions to Powers 7) Rule Making Powers ( 56 ) FEEW COGM{Ui'TITY ORGANTIZATION 1) Creation of the Authority-Section 349.01, Section 34L9.03. Proceeding for the organization of' a new comrrunity authority shall be initiated by a petition filed by the developer in the office of the Clerk of the Board of County Comrmissioners of one of the co;un- ties in which all or part of the proposed neew community district is located. 2) General Poers and Duties-Section 349.06-The authority rmaa acquire by purchase lease, etc. real and personal property or Ian esta-te intere.st, etc. within or without the new corrmunity district, may improve, mai-ntain or sell and lease corminuity facilities, may landscape and improve areas w-itlir the ineaw co.lornmity dis'trict, ma- provide for and engage in recreational, educational, social, : cl-- .'ural, beautification and amusement activities and related services primarily for residents of the district, and may adopt rules and regulations governing the use of coimmunity facilities. 3) Specific Powers a) Land-Section 34L9,.06 (I)-The a-utho-rity may make and enter into all contracts and agreements and execute all instruments relating to a new comLm-unl.ty development program, including contracts .iith a * develop-_r and other persons or entities related thereto for land acq!Jisition, land development, constructionand maintenance of com- munity facilities. b) Water 24) Power to Appropriate-No specific grant. 5! Power to Lease, Sell or Promote Development of Land-Section 39-,.05 (I)-The authority may make and enter into all contracts and agre.menbts and exe a:ute all nss;_-�:nsts relati ng to a new community development program, including contracts withl ti.e dvelriopes alI o.i.r persons or entities related thereto for land acquisition, land developmenit, con btion arid rmaintenance of community facili- ties. 6) Exceptions to Powers-,ection 3e'9.03 (.)-In the event that no comnmitment for federal financial assistence, whether in the for-m. of a loan guaranty, grant, or loan, pursuant too tie"U-rban Growthr and New Community Dv-;elopment Act of 1970," shall re bsee:n made Toe all. or any portion of the new community development prostarte for th'l nlewC commnunity distr:iAt as set forth in the developer's petition waith-in two years from the& date of the adoption of such resolution, the new co:mcuI.-y autl!r:r.i;y shall be dissolved and shall do only such acts as are required to close its affairs. Sectin 349.' 5- The a.ub;..!ri~tr shall have no power o- authority over zoning or sub- di visio: reg.lat.io:i, prorision of f-.re or police protection, or, Junless suc'h services cannot be obtained from other existing political subdivisions, water stuply or sawage treatment and disposal. ( 57 ) Klein CO~mxnlitY OgAAzl n- ~IL i Par,, 2 7) Rule Mval: io Pow,,~r>-~ s ) ~ - ?uI t nrtyiM ao;, (58) A) Cl.'e:'L.-tiull oF' tli' Aulltll :' h y. -,tl.sovn I (",4.01 ')_ul:r]~. ;'."' P P w(w, .: ta!~ I(:; )l' I, '.rit, i ll)I ',~-' (1 I J ' (ll '.. ,/I -. i' t1,': Or strea. s 0.er fo t1e ))o, rf otl ' A c- t il' :. l- _Liltl.i.rtL i (I.r. . and raceways to regulate and carry such heaJ oC leate-r to ;,ljy [;4, T' house where electricity is to be generated; for maintainin; a-dA erecting, poles, wires, pipes, conduits for the transmission of gas, coal, water or electricity, may appropriate so muclh land as is deemed necessary for said purposes. 3) Specific Powers a) Land-Section 1723.02-A hydraulic company as referred to Section 1723.01, may lay pipes, wires under a state road if the Department of Transportation consents, under a county road if County Commaissioners consent, under Township roads if Township Trustees consent and under roads owned by municipal corporations if the legislative body in that municipal corporation gives their consent. b) Water-Section 1723.07-A hydraulic company may enter into an agreement with the Department of Administrative Services upon the approval of the Governor and Attorney General whereby a hy- draulic company is to convey water from the dams and reservoirs built by it, over and upon any of the lands of the state or any channels or beds of the reservoirs, lakes or water courses; as long as navigation is not impaired thereby. 4) Power to Appropriate-Section 1723.01 5) Power to Lease, Sell or Promote Development of Land 6) Exceptions to Powers-Section 1723.02-A hydraulic company m.ay not appropriate land for the purpose of erecting any tanks stations, reservoirs or buildings or more than one continuous pipe conduit or tubing on lands in or through a municipal corporation unless the legislative authority first consents. Section 1723.03-A hydraulic Company does not have the power to appropriate any street, alley, highway or other public wayor land situated within a municipal corporation without such municipal corporation's consent. ( 59 i 0 ~~~~~~I ~Appendix F Matrix Indicating the Manner of Impact I|~~~ ~of Local, State and Regional Entities ~~~~~~I ~On the Shore Zone I i "kwt .* Appendix G Surveys 0(pu OH0IO DEPARTMENT OF NATURAL RESOURCES QUESTIONNAIRE Subject: Main issues and problems concerning the Ohio Lake Erie Shore Zone. Number of questionnaires distributed -- 9,940 Distribution breakdown: 5,000 (50%) random sample of residents in the nine county area 4,000 (40%) shore line residents 375 (.04%) public officials in nine counties 565 (.06%) area public interest groups Number of questionnaires completed -- 1,393 Completion breakdown: 431 (30.9%) random sample of residents in the nine county area 744 (53.4%) shore line residents 98 (7%) public officials in nine counties 120 (8.6%) area public interest groups Results of questionnaire: Section I - All those surveyed were given a list of possible issues and asked to indicate whether or not they were of concern to them. 1. Inadequate sewage treatment facilities Issue Not Issue 1. Public officials 62.2% 30.6% 2. Interest groups 70.8% 21.7% 3. Random sample 57.5% 31.8% 4. Shore resident 40.1% 44.6% 5. Total 49.7% 37.7% 2. Improper disposal of solid waste Issue Not Issue 1. 49.0% 41.8% 2. 66.7% 23.3% 3. 56.6% 30.4% 4. 36.8% 42.5% 5. 46.4% 37.0% 3. Water level of Lake Erie is too high Issue Not Issue 1. 67.3% 25.5% 2. 68.3% 23.3% 3. 61.6% 24.9% 4. 91.7% 5.9% 5. 78.7% 14.7% - el- 4. Flooding of shore areas by Lake Erie Issue Not Issue 1. Public officials 62.2% 30.6% 2. Interest groups 70.0% 25.0% 3. Random sample 68.4% 23.7% 4. Shore resident 82.8% 12.2% 5. Total 75.8% 18.2% 5. Beach and shore erosion by Lake Erie Issue Not Issue 1. 72.4% 22.4% 2. 77.5% 17.5% 3. 80.7% 14.6% 4. 96.2% 2.4% 5. 88.1% 8.9% 6. Alteration of the shore by construction of erosion and flood protection structures Issue Not Issue 1. 38.8% 44.9% 2. 60.0% 27.5% 3. 51.0% 27.8% 4. 52.8% 28.4% 5. 51.9% 29.3% 7. Alteration of the shore by filling and dredging Issue Not Issue 1. 37.8% 45.9% 2. 55.8% 30.8% 3. 41.1% 33.2% 4. 42.5% 34.0% 5. 42.9% 34.3% 8. Filling and draining of wetlands and marshes Issue Not Issue 1. 28.6% 53.1% 2. -54.2% 36.7% 3. 37.0% 38.4% 4. 25.3% 47.2% 5. 31.6% 44.0% - 62- 9. Disposal of polluted dredge material from Lake Erie's harbors Issue Not Issue 1. Public officials 40.8% 43.9% 2. Interest groups 65.8% 26.7% 3. Random sample 56.8% 22.5% 4. Shore resident 46.9% 28.0% 5. Total 51.2% 27.3% 10. Extraction of mineral resources from the lake bottom and shore line areas Issue Not Issue 1. 24.5% 54.1% 2. 45.0% 43.3% 3. 32.7% 39.0% 4. 30.1% 41.4% 5. 31.8% 41.7% 11. Provision of public access to the shore Issue Not Issue 1. 51.0% 38.8% 2. 65.0% 30.8% 3. 58.6% 29.8% 4. 36.6% 48.6% 5. 46.9% 40.5% 12. Provision of public recreation facilities Issue Not Issue 1. 64.3% 30.6% 2. 74.2% 20.0% 3. 69.6% 22.0% 4. 44.5% 43.1% 5. 56.2% 33.7% 13. Provision of marina facilities Issue Not Issue 1. 34.7% 48.0% 2. 34.2% 51.7% 3. 37.4% 44.1% 4. 30.5% 49.2% 5. 33.2% 47.7% -63- 14. Construction of offshore manmade islands Issue Not Issue 1. Public officials 17.3% 63.3% 2. Interest groups 42.5% 45.8% 3. Random sample 20.4% 56.8% 4. Shore resident 19.9% 54.3% 5. Total 21.8% 55.0% 15. Preservation of natural or scenic shore lines Issue Not Issue 1. 62.2% 27.6% 2. 75.8% 17.5% 3. 78.9% 12.1% 4. 69.2% 17.6% 5. 72.3% 16.6% 16. Quality of development adjacent to the shore line Issue Not Issue 1. 53.1% 31.6% 2. 67.5% 24.2% 3. 59.6% 24.1% 4. 51.4% 28.0% 5. 55.5% 26.7% 17. Residential development of the shore line Issue Not Issue 1. 48.0% 37.8% 2. 56.7% 29.2% 3. 43.2% 36.4% 4. 43.3% 39.8% 5. 44.7% 37.7% 18. Commercial development of the shore line Issue Not Issue 1. 37.8% 46.9% 2. 57.5% 30.0% 3. 45.5% 32.0% 4. 37.6% 40.5% 5. 41.8% 37.4% -64- 19. Industrial development of the shore line Issue Not Issue 1. Public officials 38.8% 45.9% 2. Interest groups 59.2% 30.0% 3. Random sample 48.0% 31.1% 4. Shore resident 38.6% 39.4% 5. Total 43.3% 36.5% 20. Development of commercial harbor facilities Issue Not Issue 1. 32.7% 50.0% 2. 45.8% 40.0% 3. 41.3% 36.2% 4. 33.2% 41.4% 5. 36.8% 40.3% 21. Siting of nuclear power plants on the shore line Issue Not Issue 1. 43.9% 41.8% 2. 53.3% 39.2% 3. 52.0% 33.2% 4. 35.6% 43.5% 5. 42.8% 39.8% 22. Maintenance of publicly owned land Issue Not Issue 1. 58.2% 28.6% 2. 62.5% 30.0% 3. 65.7% 20.4% 4. 47.0% 32.7% 5. 54.9% 28.4% -65- Section II - All of those surveyed were presented a list of 16 environmental, economic and governmental factors and asked whether they felt if these factors would be beneficial or not beneficial to their area. 1. Urban Growth Beneficial Not Beneficial 1. Public officials 37.8% 35.7% 2. Interest groups 29.2% 54.2'% 3. Random sample 29.2% 50.8% 4. Shore resident 20.8% 49.1% 5. Total 25.3% 49.2% 2. Recreational growth Beneficial Not Beneficial 1. 80.6% 11.2% 2. 79.2% 12.5% 3. 81.2% 12.5% 4. 56.2% 23.3% 5. 67.6% 18.2% 3. Industrial development Beneficial Not Beneficial 1. 62.2% 25.5% 2. 46.7% 40.0% 3. 45.9% 42.0% 4. 22.7% 51.5% 5. 34.7% 45.7% 4. Protection of water quality Beneficial Not Beneficial 1. 86.7% 3.1% 2. 93.3% 0.0% 3. 94.7% 1.4% 4. 88.0% 2.7% 5. 90.5% 2.1% -66- 5. Preservation of existing natural shore land areas Beneficial Not Beneficial 1. Public officials 74.5% 7.1% 2. Interest groups 83.3% 5.0% 3. Random sample 86.5% 2.6%- 4. Shore resident 87.6% 2.2% 5. Total 86.0% 2.9% 6. More control of development Beneficial Not Beneficial 1. 69.4% 17.3% 2. 79.2% 10.0% 3. 76.1% 11.1% 4. 66.4% 13.4% 5. 70.7% 12.7% 7. Stronger state role in the control of development Beneficial Not Beneficial 1. 43.9% 41.8% 2. 46.7% 40.0% 3. 61.0% 26.9% 4. 53.0% 25.8% 5. 54.3% 28.5% 8. Increased regional planning authority Beneficial Not Beneficial 1. 51.0% 36.79 2. 62.5% 30.0% 3. 70.5% 16.7% 4. 63.0% 17.2% 5. 64.5% 19.5% -67- 9. No growth policy Beneficial Not Beneficial 1. Public officials 11.5% 64.6% 2. Interest groups 25.0% 55.8% 3. Random sample 17.2% 54.3% 4. Shore resident 21.5% 41.6% 5. Total 19.8% 48.3% 10. Construction of larger port facilities Beneficial Not Beneficial 1. 45.9% 21.4% 2. 35.8% 36.7% 3. 46.2% 24.6% 4. 28.1% 36.8% 5. 35.6% 31.9% 11. The construction of nuclear fuel power plants Beneficial Not Beneficial 1. 49.0% 22.4% 2. 37.5% 38.3% 3. 43.9% 29.0% 4. 29.4% 38.6% 5. 36.0% 34.5% 12. The construction of fossil fuel power plants Beneficial Not Beneficial 1. 26.5% 35.7% 2. 20.0% 48.3% 3. 30.9% 38.1% 4. 20.6% 42.7% 5. 24.1% 41.3% -68- 13. Agricultural development Beneficial Not Beneficial 1. Public officials 55.1% 12.2% 2. Interest groups 55.0% 19.2% 3. Random sample 46.9% 17.4% 4. Shore resident 37.2% 18.7% 5. Total 43.0% 17.9% 14. Mining operations Beneficial Not Beneficial 1. 11.2% 39.8% 2. 6.7% 57.5% 3. 9.7% 49.4% 4. 6.2% 46.0% 5. 7.7% 47.6% 15. Man made controls of lake levels Beneficial Not Beneficial 1. 62.2% 10.2% 2. 47.1% 29.4% 3. 62.4% 15.5% 4. 77.2% 9.4% 5. 69.0% 13.1% 16. Agricultural land preservation Beneficial Not Beneficial 1.1 62.2% 8.2% 2. 69.2% 8.3% 3. 65.7% 6.8% 4. 61.6% 8.5% 5. 63.6% 7.9% -69- Section III - All of those surveyed were asked to rate the current quality of the shore line and beaches of Lake Erie. High Medium Low Very Low 1. Public officials 1.0Ov 8.2",- 41.8 ' 34.7 % 2. Interest groups 1.7' 5.0'j 35.87-o 49.2%/ 3. Random sample 1. 4J 5.69o 26.77o 55. 5- 4. Shore resident 1.5%c 9.4% ' 25.0% 50.7% 5. Total 1.4% 7.8%aO 27.6�� 50.9�� Section IV A. - The random sample and the shore residents were asked which level of government could do the best job of improving the condition of Lake Erie and the shore line. 1. State Best Not Best 1. Random sample 69.6%- 30.4%o 2. Shore residents 69.0%7 31.0 3. Total 69.2%- 30.8%iD 2. Regional Best Not Best 1. 30.4 4 69.6% 2. 21.7 A/ 78.3% 3. 25.2/o 74.8% 3. County Best Not Best 1. 28.1% 71.9 %o 2. 18.7% 81. 3o 3. 22.5�i� 77.5�/� 4. Municipal Best Not Best 1. 17.5'o 82.5%~i 2. 18.9Yc 81.1% 3. 18.4%'i 81.6v? -70- 5. Township Best Not Best 1. Random sample 5.0% 95.0% 2. Shore residents 10.8% 89.2% 3. Total 8.5% 91.5% 6. Federal Best Not Best 1. 60.3% 39.7% 2. 74.2% 25.8% 3. 68.7% 31.3% Section IV B. - The public officials and the interest groups were surveyed and asked which level of government should assume either more or less responsibility in planning, capital improvements and regulations along the Lake Erie shore line. Planning Capital Investments Regulations More Less More Less More Less Federal 33.6% 38.2% 48.6% 23.4% 26.6% 42.2% State 53.2% 25.5% 59.6% 9.6% 48.2% 23.4% Regional 50.0% 17.4% 39.4% 17.9% 41.7% 18.8% County 48.2% 17.4% 37.2% 19.7% 38.1% 19.7% Municipal 43.6% 19.7% 26.6% 23.4% 34.9% 17.4% Township 34.9% 23.9% 19.7% 27.1% 26.6% 22.5% Special Districts 27.5% 22.0% 19.7% 21.6% 21.6% 25.7% Private 31.2% 18.2% 24.8% 17.4% 17.4% 24.8% In an effort to assess what management techniques re- gional and local agencies prefer, what polwers affecting the coa1.'al zone they presently exercise, and the governmental network thro:lj h which they exercise these powers, three hundred and ten regional, county and municipal agencies in the coastal zone were surveyed. Sixteen percent (49) responded to the questionnaire. Following is a sample of the questionnaire with a break- down of the responses and comments for each question. The major findings are: 1.) 86% of those responding favor either the state establishment of standards with local govern- ment carrying them out or the state reviewing all plans for their consistency with an overall development plan; 2.) The agency most often mentioned as the agency that does the best job on Lake Erie related problems is the Army Corps of Engineers; 3.) The most favored administrative technique is ap- proval or disapproval by a special board made up of state, regional and local officials; and the least favored is approval or disapproval by an authorized state official. -72- 1. Name and location of your agency 49 respondents 2. Do you own property or operate facilities along the Lake Erie Shoreline? 16 yes 30 no Specify 3. 'hat local and regional agencies do you most often deal with on matters relating to Lake Erie? Regional planning agencies were most often mentioned. 4. What state agencies do you most often deal with on matters relat- ing to Lake Erie? The Ohio Environmental Protection Agencv and the Ohio Department of Natural Resources were most often mentioned. 5. What agency, at all levels of government, do you feel does the best Job on problems relating to Lake Erie? U. S. Army Corps of Engineers was most often mentioned. 6. Which of the following administrative techniques, or combination of them. do you favor as the most functional & most acceptable? 23 A. The state establishment of standards for land & water use with local government carrying them out, 6 B. The state directly regulating land & water use, 13 C. The state reviewing all plans and approving or dis- approving them based on their consistancy with an over-all development plan. Comment: ' 7. What is a reasonable review period for a state agency on nroects of local interest? the answers ranged from 2 weeks to 1 vear, with 60 days beinq the average. 8. Do you differentiate between projects of only local interest and projects of regional concern? 33 yes 10 no 9. If so, what criteria do you use in differeniating? (Please check) A. Dollar amount of project 7 b, Acreage involved 8 C. Number of other agencies involved 11 D. If the Lake Erie shore is directly affected 17 E. Other 10. Which of the following adliaiiistraltiv. techniqui s Cwould youl o)it: prefer to see applied to land & wattor use decision makiincl loliio thle Lake Erie Cousthal Zone? (Ploa;e ran]:- 1 to 10, witleh 1 t:[inl your most preferred method and 10 being yoalr least prefeurred) 175 A. Review and comment by an authorized state official, 205 B. Approval or disapproval by an authorized state official. 171 C. Review and approval or disapproval by an authorized local official only. 139 D. Review and comments by an authorized State Coastal Zone Commission. 149 EB Approval or disapproval by an authorized State Coastal Zone Commission. 120 F. Review and comments by a Regional Planning Agency. 137 G. Approval or disapproval by a Regional P'inning Agency. 115 H. Approval or disapproval by special board made up of state, regional and local officials. 141 I. Public iearing process to permit review and commnents by any interested citizens. 81 J. Other 0 11. Do you presently exert controls over Lake Erie waters? 9 yes 37 no If yes, in what manner and under what authoritr? In exerting control, with what other agencies do you work ? WThat degree of cooperation do you get from these other agencies? 12. Do you presently exert control over the use of lands bordering on or directly affected by Lake Erie? 22 yes 23 no If yes, in what manner and under what authority? In exerting control, with what other agencies do you work? What degree of cooperation do you get from these other agencies? -74- 13. Do you exert any control owtr svructuri but.t: iu x:,1 i:,iAt (i.e. dock, marina) 10 yes 35 no If yes, in what manner and under what authority? In exerting control, with what other agencies do you work? What degree of cooperation do you get from these other agencies? 14. Because you work every day with problems related to Lake Erie any additional cormments, suggestions or ideas you may have would greatly benefit future planning for the Lake Erie Coastal Zone. We would appreciate having those comments here. Thanks again for your help in this survey. -75- 1. The 49 agencies responding to our survey can be classified in the following groups: Type of Agency Nuimber of Respondents % of Total 1. Soil & Water Conservancy Districts 6 12% 2. County Planning Agency 4 8% 3. Regional Planning Agency 3 6% 4. Municipal Corporations 23 47% 5. Park Dis-tricts 5 10% 6. Extension Services 2 4% 7. Interstate Agencies 1 2% 8. Port Authority 2 4% 9. Soil Conservation Services 2 4% 10. Conservancy Districts 1 2% Totals 49 97% 2. 65% of the agencies answering question 2 said that they neither own nor operate property along the La;ke Erie shoreline. The 35% that indicated that they either own property or operate facilities on Lake Erie said that those facilities include: Marinas Waste water treatment olalts Recreation areas Small boat landings Roads Open land Harbors 3. The respondents mentioned virtually every type of regional and local agency including some state and federal agencies. Regional planning agencies were most often mentioned (13 times) as the agency dealt with on: matters related to Lake Erie. 4. The Ohio Department of Natural Reso!urces was mentioned by 27 of the respondents as the state agency which they deal with most often on matters related to Lak-e Erie. 11 mentioned E.P.A. and the other state agencies were mentioned only once or twice at the most. -76- 5. The Army Corps of Engineers was mentioned by 14 of the agcies responding to the questionnaire as the agency that does the bust',t job on problems related to Lake Erie. ODNR was next with 8. 4; said that no one does a good job. 6. 55% of those answering questions, 6 said that they favor "the state establishmment of standards for land and water use with local government carrying them out." 31% favor "the state re- viewing all plans and approving or disapproving them based on their consistancy with an overall development plan." Only 14% favor the state directly regulating land and water use. The majority of the comments were that home rule must be preserved and the state should not -try to dictate from Colunbus. 7. The recommendations for what would be a reasonable review period by a state agency on a project of local concern ranged from 2 weeks to 1 year. The average was 60 days. 8. 76% of the respondents said that they differentiate between projects of only local interest and those of regional concern. 9. In addition to dollar amount of project, acreage involved, number of other agencies involved, and whether the Lake Erie Shore is affected, respondents stated that when they decide if a project is regional or local in nature, they look at whether the project crosses a local boundary, nature of the project, the sphere of in- fluence of the project, and if more than one agency is affected. -77- 10. Of the alternative administrative techniques presented inl question 10 the most preferred was: H. Approval or disapproval by special board made up of state, regional and local officials The following are listed in order of their preference by the questionnaire respondents: F. Review and comments by a Regional Planning Agency G. Approval or disapproval by a Regional Planning Agency D. Review and comments by an authorized State Coastal Zone Commission. I. Public hearing process to permit review and comments by any interested citizens E. Approval or disapproval by an authorized State Coastal Zone Commission C. Review and approval or disapproval by an authorized local official only A. Review and commnent by an authorized state official B. Approval or disapproval by an authorized state official I11. 80% of those answering this questionnaire stated that they exert no controls over Lake Erie Waters. Those who said they do exert controls do so through their port authority. ORC Section 15145 A-95 and harbor master. In exercising these controls the respondents said that they work with the Department of Health, OEPA. Regional planning agencies extension services and munaicipalities. Most said they get fair to good cooperation from these agencies with only a few saying they received poor cooperation. 12. 51% of the respondents to this question said that they do exert controls on lands bordering on or directly affected by Lake -78- Erie. r9% said thley do nlot. Those who s(i tae?�/ do eCxe oK',-o"- do so through zoning. Subdivision regulations, plannin; Pj-i_.4 ,- building codes and cooperation with the soil and wlater co-nser .c.. districts. In exercising these controls the respondents said that -ther work with soil conservation services, township trustees, n- .iona. planning commissions county offices. OEPA, ODNR, the Cor--cs f Engineers,the Coast Guard, and City offices. Most felt ne' ,ot at least adequate cooperation from these agencies. 13. When asked if they exert controls over structures built in Lake Erie 77% of those responding said they do not. Those who saiX that they do exert controls do so through A-95, water intaex, end. the port authority. In exercising these controls most said that they work with either OEPA, ODNR or the Corps of Engineers. Most felt that the cooperation from these agencies was fairly good. -79- Pai.l Baldridge Deputy Director for Cor.:ity ,: ic' Ohio Department of lconomic.,-; fJ,-! Cor~niuaity Development Carl Broberg Ohio Municipal League June Brown Toledo Metropolitan Area C o.lcl o- Governments William Gaskill County Administrator, Cuyahoga County J. Phillip Gasteier County Co0'.issioner, Erie County Norman Gatti Chief, Division of Mines Ohio Department of Industrial Relations Paul Gessling Ohio Office of Budget & Management Dale Haney Chief, Division of Wildlife. Ohio Department of Natural Resources John Hofstetter Assistant Chief, Division of Transportation, Ohio Public Utilities Commission of Ohio Eugene R. Kasper Director, Department of Public Service City of Toledo Harry Kessler Mayor, City of Toledo George Kokinda Township Clerk, Sheffield To;.-ns-hi, Lorain Co;ntty Norman Krunmholz Planning Director, City of Cleveland Larry Lang Ohio County Commissioners Association Don Ledwell Director, Health Department. Erie County Bush'Mahanami Chief of Planning, Erie County Peter Mango Trustee, Ashtabula Township, Ashtabula County -80- Neal M'cCabe Applachian Regional Bureau., Ohio Department of Econom!ic a- Colrmlu!-ity Development Walter Milbrodt County Co-munissioner, Ottalw.a County Tom Morganti Planning Director, Ottawa County Lester Nero City Manager, City of Painesville Fred Pizzedez NOACA Sandy Prudoff Chief Plamner, City of Lorain Bob Reeves NOACA John Schaeffer County Co-mmissioner, Erie County Harold Schick Cleveland Metropolitan Parrk District Ray Sherman County Administrator, Erie County Nat Simon Chief, Division of Transportation Planning, Ohio Departnent of Transportation Barry Smith Executive Director, Environmental Board of Review John Stackhouse Director, Ohio Department of Agriculture John Sulpizio Planner, City of Lorain Harry Sweringen Ohio Water Development Commission Charles Tripp Chief, Bureau of Envirommental Affairs, Ohio Department of Transportation Alvin Vaith County Conmmissioner, Erie County Ray Weisant Department of Administrative Servi-es Division of Public Works Jolm Widmer Planner, Otbtawa Coarlty Jo!-r wiiliaras (OI-'o Po-.er Cit'i rjr C omai s 3- on Jack Wilson Chief ID-ivisioni o?-~ Enforeernta Ohio EnvironmentalPo oLonAOy Josenh Zahoreck M.,ayor, City of Lorain -82- 0- 'Appendix H Illustration of Coastal Zone Boundary 0 I LLUSTRATION Or COASTAL ZONE BO,0UNDARZY DEFIPNITION Optimal rcgula~~~~~~~~~ion zone/~ r //in fT canal leigntin of/ Optim ~ ~ ~ oti-,al regi~ton zones /s /7 (/7 wa 7nene 7/ /ersn ,t 7 . /2// * vda i;n -K/A *',~~a deintin D~ ~~~~~~~~i~J rdtnlamal reultin on