Ohio State Land Right-of-Way Overview (3-OH-b)
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. Ohio Rev. Code Ann. § 1520.02. For more information, see:
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 protecting those lands and waters and the enforcement of the State’s rights to those lands and waters. Ohio Rev. Code Ann. § 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.” Ohio Rev. Code Ann. § 1506.11. For more information, see:
3-OH-b.5 – Contact Appropriate State Agency with Jurisdiction Over the Proposed Project Area
The developer must 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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- Ohio – Ohio Department of Natural Resources Coastal Management Permits and Leases Webpage
- Ohio – Ohio Department of Natural Resources Coastal Guidance
- Ohio – Ohio Department of Resources Coastal Permits and Lease Applications Booklet
- Ohio – Ohio Department of Natural Resources Coastal Permits and Lease Application
- Ohio – Ohio Department of Natural Resources – Application to Occupy, Use or Purchase State Canal Lands
- Ohio – Ohio Department Natural Resources – Leasing Ohio Canal Land Webpage