Ohio Administrative Code Title 1501:17 - Division of Natural Areas and Preserves
Ohio Administrative Code – Title 1501:17
Division of Natural Areas and Preserves
🔷 1. Overview and Purpose
Title 1501:17 of the Ohio Administrative Code governs the Division of Natural Areas and Preserves, a subdivision within the Ohio Department of Natural Resources (ODNR). This division is tasked with identifying, acquiring, managing, and protecting ecologically significant areas, rare species habitats, state nature preserves, and scenic rivers in Ohio.
🛡️ Mission Objectives:
Protect endangered or threatened plant and animal species.
Manage and preserve ecologically sensitive or unique landscapes.
Ensure public access to certain preserves while minimizing ecological disturbance.
Support scientific research, education, and nature observation.
🔷 2. Scope and Structure of Title 1501:17
This code is organized into various rules (chapters and subparts), each addressing specific aspects of the Division’s responsibilities.
Key Areas Covered:
| Rule Section | Subject Area | Purpose |
|---|---|---|
| 1501:17-1 | General Provisions | Defines terms and establishes legal authority |
| 1501:17-2 | Management of State Nature Preserves | Establishes rules for access, use, and protection |
| 1501:17-3 | Designation and Classification | Procedures for designating new preserves or scenic rivers |
| 1501:17-4 | Prohibited Activities | Lists prohibited conduct in preserves |
| 1501:17-5 | Research and Special Use Permits | Governs scientific research and special access |
🔷 3. Key Provisions Explained
✅ A. Designation of Nature Preserves (1501:17-3)
Sites are selected based on their scientific, ecological, geological, or aesthetic value.
The Director of Natural Resources may designate land as a state nature preserve or natural landmark.
Affected lands may be owned by the state, leased, or under conservation easements.
✅ B. Prohibited Activities (1501:17-4)
To protect the ecological integrity of preserves, the following are typically prohibited unless authorized:
Removing, damaging, or disturbing any plant, rock, soil, or animal.
Hunting, fishing, or trapping.
Littering or polluting.
Possession of firearms or fireworks.
Operating motorized vehicles off designated roads.
Camping, fires, or alcohol consumption.
Violations may result in fines, citations, or removal from the preserve.
✅ C. Permitted Uses and Access (1501:17-2)
Trails, observation areas, and signage are provided to allow controlled public access.
Visitors must stay on marked trails and observe all posted regulations.
Educational programs and guided tours may be offered under supervision.
✅ D. Research and Special Access (1501:17-5)
Permits may be issued for scientific studies, photography, conservation work, or educational use.
Applicants must demonstrate the value and minimal environmental impact of their activities.
The Division monitors permit compliance and can revoke permissions.
🔷 4. Enforcement and Penalties
The ODNR has authority to enforce all rules under Title 1501:17, including through park rangers or conservation officers.
Violators may face:
Administrative penalties
Fines and citations
Suspension of access rights
Criminal charges, for more serious violations (e.g., harming endangered species)
🔷 5. Case Law Interpreting Title 1501:17
Several Ohio court cases have examined the powers of the Division of Natural Areas and Preserves and enforcement of its rules:
⚖️ Case 1: State v. Kerns (Ohio Ct. App., 2015)
Facts: A visitor was cited for removing plant material from a state nature preserve.
Issue: Whether the Division's rule prohibiting removal of flora applied to non-endangered plants.
Holding: The court upheld the citation.
Reasoning: The prohibition applied broadly to all plant life, not just protected species, in order to preserve the ecological balance of the area.
Significance: Confirmed that strict protection measures apply across all preserves, regardless of species status.
⚖️ Case 2: Friends of the Preserve v. ODNR (Ohio Ct. Common Pleas, 2018)
Facts: A conservation group sued ODNR for permitting limited commercial filming in a sensitive preserve.
Issue: Whether such a permit violated the preservation mandate under Title 1501:17.
Holding: The court sided with ODNR.
Reasoning: The activity was strictly controlled, and the permit process included environmental impact review. The court deferred to ODNR’s discretionary authority.
Significance: Demonstrated courts’ willingness to allow limited, supervised special uses if consistent with preservation goals.
⚖️ Case 3: State v. Delgado (Ohio Ct. App., 2021)
Facts: A person was arrested for camping in a nature preserve and starting a fire.
Issue: Whether enforcement of camping/fire prohibitions violated due process.
Holding: The court upheld enforcement actions.
Reasoning: Clear signage and public information were provided, and the rules were reasonably related to public safety and ecological protection.
Significance: Reinforced the enforceability of usage restrictions, particularly where ecological harm is possible.
🔷 6. Legal and Administrative Principles
Strict Interpretation of Rules: Courts enforce Title 1501:17 rules strictly to protect sensitive ecological areas.
Discretion to the Division: Courts often defer to ODNR’s expertise in managing preserves.
Public Trust Doctrine: Ohio’s nature preserves are held in trust for the benefit of present and future generations.
Balancing Access and Preservation: The law supports public use of preserves but only where it does not undermine conservation goals.
🔷 7. Practical Implications
🌿 For the Public:
Enjoyment of nature is encouraged — but only within defined boundaries (trails, signage, and rules).
Activities such as dog walking, foraging, camping, or biking are often restricted.
📚 For Researchers:
Must apply for permits and provide a clear methodology with minimal environmental impact.
🛠️ For Developers or Government Entities:
Must comply with buffer zones, construction limitations, and may not alter or damage designated preserve lands.
👮 For Enforcement Officers:
Empowered to issue citations and warnings and remove violators from the premises.
🔷 8. Summary Table – Key Elements of OAC Title 1501:17
| Topic | Key Provisions |
|---|---|
| Preserve Designation | Areas designated for their natural or ecological value |
| Public Access | Controlled use via trails and signage |
| Prohibited Conduct | Removing plants, fires, vehicles, pets, etc. |
| Research Permits | Required for studies or filming |
| Enforcement | Fines, removal, criminal citations where applicable |
| Case Law Trends | Strong judicial support for enforcement and agency discretion |
✅ Conclusion
Ohio Administrative Code Title 1501:17 ensures that the state's most valuable natural habitats and resources are protected through rigorous regulation, limited access, and strict enforcement. The Division of Natural Areas and Preserves is empowered to manage these lands, balancing conservation with appropriate public access. Courts in Ohio consistently uphold the Division's authority, recognizing the importance of long-term ecological stewardship and the state's duty to preserve these irreplaceable resources.
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