§ 1506.31 Rules establishing Lake Erie submerged lands preserves; access. (A)
In order to provide special protection for abandoned property and features and
formations in Lake Erie having historical, archaeological, recreational, ecological,
geological, environmental, educational, scenic, or scientific value, the director
of natural resources, with the approval of the director of the Ohio historical
society, may adopt rules in accordance with Chapter 119. of the Revised Code establishing
Lake Erie submerged lands preserves. A preserve may be established for any area
of submerged lands that contains a single watercraft or aircraft of historical
value, two or more watercraft or aircraft constituting abandoned property, or
other features of archaeological, historical, recreational, ecological, environmental,
educational, scenic, scientific, or geological value other than sand, gravel,
stone, and other minerals and substances authorized to be taken and removed in
accordance with section 1505.07 of the Revised Code. Any rule adopted under this
division shall describe the area included in the preserve so designated and the
abandoned property or features of archaeological, historical, recreational, ecological,
geological, environmental, educational, scenic, or scientific value found in the
preserve. Each preserve shall encompass the designated area and within that area
shall extend upward to and include the surface of the water. Any number of preserves
may be designated; however, an individual preserve shall not exceed three hundred
square miles in area and the total area of all submerged lands designated as preserves
shall not exceed ten per cent of the total submerged lands of Lake Erie. (B) When
establishing a preserve under division (A) of this section, the directors of natural
resources and the Ohio historical society shall consider all of the following
factors: (1) Whether creating the preserve is necessary to protect either abandoned
property or significant underwater features possessing historical, archaeological,
recreational, geological, ecological, environmental, educational, scenic, or scientific
value; (2) The extent of local public and private support for creation of the
preserve; (3) If the purpose of the preserve is to be recreational, the extent
to which preserve support facilities such as roads, marinas, charter services,
hotels, medical hyperbaric facilities, and rescue agencies have been developed
in or are planned for the coastal area that is nearest the proposed preserve;
(4) Whether creating the preserve will conflict with existing or potential removals
of sand, gravel, stone, or other minerals or substances authorized to be taken
and removed in accordance with section 1505.07 of the Revised Code. (C) The director
of natural resources, with the approval of the director of the Ohio historical
society, may establish policies and may adopt rules in accordance with Chapter
119. of the Revised Code governing access to and the use of any preserve established
under division (A) of this section. The director of natural resources shall limit
or prohibit access to abandoned property in a preserve only if one of the following
conditions is met: (1) The site of the abandoned property is biologically or ecologically
sensitive or is hazardous to human safety. (2) Any abandoned property of significant
historical value in the preserve is extremely fragile and in danger of collapsing.
(3) Any abandoned property of historical value in the preserve is suffering extensive
deterioration or attrition due to prior unregulated access. (4) The director of
natural resources has agreed to limit access during the term of a permit issued
under section 1506.32 of the Revised Code at the request of the holder of the
permit who is recovering, altering, salvaging, or destroying abandoned property
in the preserve in accordance with the permit. HISTORY: 144 v H 264. Eff 3-2-92.