Ohio § 940.01

§ 940.01.

As used in this chapter: (A) “ Soil and water conservation district ” means a district organized in accordance with this chapter. (B) “ Supervisor ” means one of the members of the governing body of a district. (C) “ Landowner ,” “ owner ,” or “ owner of land ” means an owner of record as shown by the records in the office of the county recorder.  With respect to an improvement or a proposed improvement, “ landowner ,” “ owner ,” or “ owner of land ” also includes any public corporation and the director of any department, office,

or institution of the state that is affected by the improvement or that would be affected

by the proposed improvement, but that does not own any right, title, estate, or interest

in or to any real property. (D) “ Land occupier ” or “ occupier of land ” means any person, firm, or corporation that controls the use of land whether as

landowner, lessee, renter, or tenant. (E) “ Due notice ” means notice published at least twice, stating time and place, with an interval

of at least thirteen days between the two publication dates, in a newspaper of general

circulation within a soil and water conservation district. (F) “ Agricultural pollution ” means failure to use management or conservation practices in farming or silvicultural

operations to abate wind or water erosion of the soil or to abate the degradation

of the waters of the state by residual farm products, manure, or soil sediment, including

substances attached thereto. (G) “ Urban sediment and storm water runoff pollution ” means failure to use management or conservation practices to abate wind or water

erosion of the soil or to abate the degradation of the waters of the state by soil

sediment or storm water runoff in conjunction with land grading, excavating, filling,

or other activities that disturb the soil and increase storm water runoff on land

used or being developed for nonfarm commercial, industrial, residential, or other

nonfarm purposes, except lands being used in a strip mine operation as defined in section 1513.01 of the Revised Code and except lands being used in a surface mining operation as defined in section 1514.01 of the Revised Code . (H) “ Uniform assessment ” means an assessment that is both of the following: (1) Based upon a complete appraisal of both of the following: (a) Each parcel of land, together with all improvements thereon, within the area that

will benefit from a proposed improvement;  and (b) The benefits or damages brought about as a result of the proposed improvement that

is determined by criteria applied equally to all parcels within the area that will

benefit from the proposed improvement. (2) Levied upon the parcels at a uniform rate on the basis of the appraisal. (I) “ Varied assessment ” means any assessment that does not meet the criteria established in division (H)

of this section. (J) “ Benefit ” or “ benefits ” means advantages to land and owners, to public corporations, and to the state resulting

from drainage, conservation, control, and management of water and from environmental,

wildlife, and recreational improvements.  “ Benefit ” or “ benefits ” includes, but is not limited to, any of the following factors: (1) Elimination or reduction of damage from flooding; (2) Removal of water conditions that jeopardize public health, safety, or welfare; (3) Increased value of land resulting from an improvement; (4) Use of water for irrigation, storage, regulation of stream flow, soil conservation,

water supply, or any other incidental purpose; (5) Providing an outlet for the accelerated runoff from artificial drainage if a stream,

watercourse, channel, or ditch that is under improvement is called upon to discharge

functions for which it was not designed.  Uplands that have been removed from their natural state by deforestation, cultivation,

artificial drainage, urban development, or other human methods shall be considered

to be benefited by an improvement that is required to dispose of the accelerated flow

of water from the uplands. (K) “ Improvement ” or “ conservation works of improvement ” means an improvement that is made under the authority established in division (C) of section 940.06 of the Revised Code . (L) “Land” has the same meaning as in section 6131.01 of the Revised Code . (M) “Manure,” “operation and management plan,” and “residual farm products” have the

same meanings as in section 939.01 of the Revised Code . (N) “Voluntary nutrient management plan” has the same meaning as in section 905.31 of the Revised Code . (O) “ Lead county ” means the county in which the majority of the initial length of a proposed improvement

would be located, as set forth in a petition, when the proposed improvement would

be located in two or more counties. (P) “ Day ” means calendar day.