Ohio Bulk Transmission Land Access(3-OH)
In Ohio, a bulk transmission developer must obtain a right-of-way easement or lease from the appropriate state agency if the proposed project will be located in, on, or above State-owned real property. A bulk transmission developer must also obtain a permit from the Ohio Department of Transportation to “use or occupy” a portion of a state road or highway right-of-way. O.R.C. § 5515.01. This may include a Commercial Access Permit and/or a Utility Permit.
Determine Which State and Federal Permits Apply
Use this overview flowchart and following steps to learn which federal and state permits apply to your projects.
Permitting at a Glance
|State Land Right-of-Way:||Any person may need an easement or lease utilize state land. O.R.C. §§ 1501.01. A person may need a State Canal Lease to use state-owned canal land. Ohio – Ohio Rev. Code §§ 1520.01 et seq., Canal Lands. A person may also need a Submerged Lands Lease to erect, construct or redevelop a permanent structure on land within a Lake Erie coastal erosion area. O.R.C. §§ 1506.1 et seq., Coastal Management.|
|State Land Right-of-Way Agency:||Ohio Department of Natural Resources, state agency with jurisdiction|
|State Highway Right-of-Way:||Any person may need a Commercial Access Permit and/or a Utility Permit to use or occupy a portion of a state road or highway right-of-way. O.R.C. § 5515.01.|
|State Highway Right-of-Way Agency:||Ohio Department of Transportation|
|Eminent Domain:||Any company transmitting or distributing electricity may exercise the power of eminent domain for the purpose of constructing transmission lines. Ohio—Ohio Rev. Code. §§ 4933 Companies—Gas, Electric, Water, O.R.C. §4933.15.|