Ohio § 6111.022

§ 6111.022.

(A) A proposed filling of a category 1 or a category 2 isolated wetland of one-half acre

or less shall require a general state isolated wetland permit and be subject to level

one review requirements established under division (B) of this section. (B) Level one review shall apply only to the filling of a category 1 or a category 2

isolated wetland as described in division (A) of this section requiring a general

state isolated wetland permit.  A level one review shall require the submission of a pre-activity notice that includes

an application, an acceptable wetland delineation, a wetland categorization, a description

of the project, a description of the acreage of the isolated wetland that will be

subject to filling, site photographs, and a mitigation proposal for the impact to

the isolated wetland. (C) The proposed filling of an isolated wetland that is subject to level one review is

authorized by a general state isolated wetland permit unless the director of environmental

protection notifies the applicant within thirty days after receipt of a pre-activity

notice that the filling of the isolated wetland will result in a significant negative

impact on state water quality.  An applicant that receives such a notice may apply for an individual state isolated

wetland permit in accordance with the procedures and requirements established under section 6111.023 of the Revised Code . (D) Mitigation for the proposed filling of an isolated wetland that is subject to level

one review shall be conducted in the following preferred order: (1) Without the objection of the director and at the discretion of the applicant, either

on site mitigation, mitigation at a wetland mitigation bank within the same United

States army corps of engineers district as the location of the proposed filling of

the isolated wetland, or off-site mitigation; (2) In-lieu fee mitigation. The director, at the director's discretion, may allow an applicant to deviate from

the preferred order established in division (D) of this section.  If the proposed filling of an isolated wetland will be mitigated by in-lieu fee

mitigation, an applicant shall provide documentation to the director that demonstrates

that the applicant evaluated the mitigation alternatives established in division (D)(1)

of this section. (E) A person that has submitted a pre-activity notice for coverage under a general state

isolated wetland permit under this section shall complete the filling within two years

after the end of the thirty-day period following the receipt of the pre-activity notice

by the director.  If the person does not complete the filling within that two-year period, the person

shall submit a new pre-activity notice in accordance with this section.