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Ohio State Land Right-of-Way Overview (3-OH-b)

In Ohio, a developer must obtain a right-of-way easement or lease from Ohio Department of Natural Resources or the appropriate state agency with jurisdiction if the proposed project will be located in, on, or above state-owned real property.


State Land Right-of-Way Overview Process

3-OH-b.1 to 3-OH-b.2 – Will Part of the Proposed Project Be Located In, On, or Above Ohio Canal Land?

If a proposed project uses State-owned canal land, including for utility crossings, the developer must submit a request to lease the land to the Ohio Department of Natural Resources’ (ODNR) Office of Real Estate. The ODNR has the authority to lease all or part of the state’s interest in any canal lands and may establish any terms or conditions that it determines to be appropriate for the conveyance of the land. O.R.C. § 1520.02. For more information, see:

State Canal Land Lease:
3-OH-d

3-OH-b.3 to 3-OH-b.4 – Will Part of the Proposed Project Be Located In, On, or Near Lake Erie?

A developer may need to obtain a Submerged Lands Lease from the ODNR for any structure along Lake Erie. Ohio – Ohio Rev. Code §§ 1506.1 et seq., Coastal Management establishes the waters of Lake Erie, the lands under those waters, and the shoreline adjacent to the lake as held in trust by the State of Ohio. The Ohio Department of Natural Resources is the agency responsible for the protection of those lands and waters and the enforcement of the State’s rights to those lands and waters. O.R.C. § 1506.10. These powers include the leasing of those protected lands, so long as the execution of that lease is done “without impairment of the public right of navigation, water commerce, and fishery.” O.R.C. § 1506.11. For more information, see:

Submerged Lands Lease:
3-OH-e


3-OH-b.5 – Contact Appropriate State Agency with Jurisdiction Over the Proposed Project Area

The developer should contact the appropriate state agency with jurisdiction over the state land in question about obtaining a right-of-way easement or lease.


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Edit Ohio Department of Natural Resources
Division of Administration 1-614-265-65-65 Visit Website