Ohio § 1503.51

§ 1503.51.

(A) The chief of the division of forestry shall adopt rules in accordance with Chapter

119. of the Revised Code that do or comply with all of the following: (1) Establish technically feasible and economically reasonable standards to achieve a

level of management and conservation practices in silvicultural operations that will

abate wind or water erosion of the soil or abate the degradation of the waters of

the state by soil sediment, including attached substances, from silvicultural operations

and establish criteria for determination of the acceptability of such management and

conservation practices; (2) Establish procedures for administration of the rules; (3) Specify the pollution abatement practices eligible for state cost sharing and determine

the conditions for eligibility, the construction standards and specifications, the

useful life, the maintenance requirements, and the limits of cost sharing for those

practices.  Eligible practices shall be limited to practices that address silvicultural operations,

that require expenditures that are likely to exceed the economic returns to the owner

or operator of a silvicultural operation, and that abate soil erosion or degradation

of the waters of the state by soil sediment, including attached substances, from silvicultural

operations. (B) The chief or the chief's designee shall do all of the following: (1) Issue orders requiring compliance with a rule adopted under this section.  Before the chief or the chief's designee issues an order, the chief or the chief's

designee shall afford the person an adjudication hearing under Chapter 119. of the

Revised Code.  The chief or the chief's designee may require in an order that a person who has

caused forestry pollution by failure to comply with the standards established in rules

adopted under this section operate under a timber harvest plan approved by the chief

or the chief's designee under this section.  An order shall be issued in writing and contain a finding by the chief or the chief's

designee of the facts on which the order is based and the standard that is not being

met. (2) Periodically monitor the use and effectiveness of management and conservation practices

conducted in accordance with standards established in rules adopted under division

(A)(1) of this section; (3) Assist in expediting state responsibilities for watershed development and other natural

resource conservation works of improvement; (4) When necessary for the purposes of sections 1503.50 to 1503.55 of the Revised Code , develop or approve timber harvest plans.