Ohio § 6111.316 Exceptions from ephemeral feature mitigation requirements

Ohio Statutes

§ 6111.316 — Exceptions from ephemeral feature mitigation requirements

Ohio § 6111.316

Title 61Water Supply-Sanitation-Ditches

Ch. 6111Water Pollution Control

This text of Ohio § 6111.316 (Exceptions from ephemeral feature mitigation requirements) is published on Counsel Stack Legal Research, covering Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ohio Rev. Code Ann. § 6111.316 (2026).

Text

Sections6111.31to6111.315of the Revised Code do not apply to, and the director of environmental protection shall not impose any additional requirements upon, an activity associated with an ephemeral feature that is a water of the state if the activity is either of the following:

(A)A restoration or enhancement project that will result in a net improvement of water quality. Such projects may include a project under section 319 of the Federal Water Pollution Control Act, an H2Ohio project, a water resource restoration sponsor program, a wetland mitigation bank, or an in-lieu fee mitigation project. To qualify under this exception, a person shall submit a demonstration as part of a mitigation proposal that the project will result in a net improvement in water quality.

(B)A project for the

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Sections6111.31to6111.315of the Revised Code do not apply to, and the director of environmental protection shall not impose any additional requirements upon, an activity associated with an ephemeral feature that is a water of the state if the activity is either of the following:

(A) A restoration or enhancement project that will result in a net improvement of water quality. Such projects may include a project under section 319 of the Federal Water Pollution Control Act, an H2Ohio project, a water resource restoration sponsor program, a wetland mitigation bank, or an in-lieu fee mitigation project. To qualify under this exception, a person shall submit a demonstration as part of a mitigation proposal that the project will result in a net improvement in water quality.

(B) A project for the filling or discharge of dredged material into an ephemeral feature that is a water of the state that impacts three one-hundredths of an acre or less of streambed. For purposes of this division, if culvert maintenance or replacement is involved in the project, only an impact to an ephemeral feature that is a water of the state that goes beyond the enclosed configuration of the existing culvert structure shall be included in the calculation of the impacted streambed acreage.

Last updated May 11, 2022 at 4:20 PM