Ohio Revised Code
Chapter 307 | Board of County Commissioners - Powers
Section 307.204 | Procedure Concerning Construction or Expansion of Concentrated Animal Feeding Facility.

Effective: November 2, 2018
Latest Legislation: House Bill 34 - 132nd General Assembly
(A) As used in this section:
(1) "Concentrated animal feeding facility" and "major concentrated animal feeding facility" have the same meanings as in section 903.01 of the Revised Code.
(2) "Facility" means a proposed new or expanded major concentrated animal feeding facility.
(3) "Improvement" means the construction, modification, or both of county infrastructure.
(B) A person who proposes to do any of the following shall provide written notification as required under division (C) of this section to the board of county commissioners of the county in which a facility is or is to be located:
(1) Establish a new major concentrated animal feeding facility;
(2) Increase the design capacity of an existing major concentrated animal feeding facility by ten per cent or more in excess of the design capacity set forth in the current permit for construction or modification of the facility or for installation or modification of the disposal system for manure at the facility issued under section 903.02 or division (J) of section 6111.03 of the Revised Code, as applicable;
(3) Increase the design capacity of an existing concentrated animal feeding facility by ten per cent or more in excess of the design capacity set forth in the current permit for construction or modification of the facility or for installation or modification of the disposal system for manure at the facility issued under section 903.02 or division (J) of section 6111.03 of the Revised Code, as applicable, and to a design capacity of more than ten times the number of animals specified in any of the categories in division (H) of section 903.01 of the Revised Code.
(C) The person shall notify the board in writing by certified or ordinary mail of the proposed construction or expansion of the facility and include the following information:
(1) The anticipated travel routes of motor vehicles to and from the facility;
(2) The anticipated number and weights of motor vehicles traveling to and from the facility.
(D) At the request of the board, the county engineer may review the written notification and advise the board on both of the following:
(1) Improvements and maintenance of improvements that are reasonably needed in order to accommodate the impact on county infrastructure that is anticipated as a result of the facility, including increased travel or the types of vehicles on county roads;
(2) The projected costs of the improvements and maintenance.
Not later than ten days after receiving the written notification, the board may request the person to provide additional reasonable and relevant information regarding the impact of the facility on county infrastructure. The person shall provide the information not later than ten days after the request is made.
(E)(1) Not later than thirty days after the initial written notification is received by the board, the board shall submit to the person its recommendations, if any, concerning the improvements that will be needed as a result of the facility and the cost of those improvements.
(2) Not later than fifteen days after receipt of the board's recommendations, the person shall notify the board either that the person agrees with the recommendations and will implement them or that the person is submitting reasonable alternative recommendations or modifications to the board. If the person agrees with the recommendations, they shall be considered to be the board's final recommendations.
(3) If the board receives alternative recommendations or modifications under division (E)(2) of this section, the board shall select final recommendations and submit them to the person not later than thirty days after the receipt of the alternative recommendations or modifications.
(F)(1) The board shall prepare a written, dated statement certifying that the written notification required under this section was submitted and that final recommendations were selected regarding needed improvements and the costs of those improvements. The board shall provide the person with the original of the statement so that the person can include it with the application for a permit to install for the facility as required under division (C)(4) of section 903.02 of the Revised Code. The board shall retain a copy of the statement for its records.
(2) If the board fails to prepare a written, dated statement in accordance with division (F)(1) of this section within seventy-five days of receiving the initial written notification by certified mail from the person, the person instead shall file with the application for a permit to install for the facility a notarized affidavit declaring that the person has met the criteria established in this section and that a written, dated statement was not received by the person from the board.
(G) If the person receives a written, dated statement from the board as provided in division (F)(1) of this section, the person shall construct, modify, and maintain or finance the construction, modification, and maintenance of improvements as provided in the board's final recommendations and with the approval and oversight of the county engineer. If the person fails to do so, the board shall notify the person either by certified mail or, if the board has record of an internet identifier of record associated with the person, by ordinary mail and by that internet identifier of record that the board intends to initiate mediation with the person if the person remains out of compliance with the final recommendations.
The board shall allow sufficient time for the person to apply for and proceed to obtain, for the purpose of financing the construction, modification, or maintenance of the improvements, exemptions from taxation under sections 5709.63, 5709.632, 5709.73, and 5709.78 of the Revised Code or state or federal grants that may be available.
If the person remains out of compliance with the final recommendations, the board may initiate mediation with the person in order to resolve the differences between them. If mediation fails to resolve the differences, the board and the person first shall attempt to resolve the differences through any legal remedies before seeking redress through a court of common pleas.
(H) If the person subsequently submits an application under section 903.02 of the Revised Code for a permit to modify the facility, or if the routes of travel to or from the facility change for any reason other than road construction conducted by the county, the board or the person may request that additional information be provided in writing and shall proceed as provided in this section for the notification and recommendation proceedings.
(I) As used in this section, "internet identifier of record" has the same meaning as in section 9.312 of the Revised Code.
Last updated October 29, 2021 at 3:58 PM

Structure Ohio Revised Code

Ohio Revised Code

Title 3 | Counties

Chapter 307 | Board of County Commissioners - Powers

Section 307.01 | County Buildings, Offices, Equipment.

Section 307.02 | Methods for Providing County Facilities.

Section 307.021 | Public Purpose and Function to Provide Capital Facilities for Jails, Workhouses or Community-Based Corrections.

Section 307.022 | Lease, Easement, License or Sale in Connection With Correctional Facility Without Competitive Bidding.

Section 307.023 | Contract for Acquisition or Use of Sports Facilities.

Section 307.03 | Use of County Buildings for Public Library.

Section 307.04 | Light, Heat, and Power Contracts.

Section 307.041 | Contracts to Analyze Reducing Energy Consumption in Buildings Owned by County.

Section 307.042 | Contracts to Regulate Utility Rates of Users of Municipal Utility.

Section 307.05 | Ambulance, Emergency Medical and Nonemergency Patient Transport Service Organizations.

Section 307.051 | County Emergency Medical, Fire and Transportation Service Organization Regulated by State Board.

Section 307.052 | Creating Joint Emergency Medical Services District.

Section 307.053 | Members of Board of Trustees.

Section 307.054 | Executive Director Duties - Employees.

Section 307.055 | Furnishing Ambulance and Emergency Medical Services.

Section 307.056 | Powers of Board of Trustees.

Section 307.057 | Levying Taxes - Issuing Bonds.

Section 307.058 | Joint Ambulance District or County May Join Joint Emergency Medical Services District.

Section 307.06 | Board of County Commissioners May Employ Land Appraisers.

Section 307.07 | Office of Economic Development.

Section 307.08 | Appropriation of Lands.

Section 307.081 | Purchase or Appropriation of Real Property for Redevelopment.

Section 307.082 | Agreements to Provide for Construction or Repair of Public Infrastructure Improvements.

Section 307.083 | Method for Purchasing Real Estate at Public Auction.

Section 307.084 | Purchase or Appropriation of Real Property for State or Federal Correctional Facility.

Section 307.09 | Sale, Lease, or Rent of County Real Estate - Proceeds.

Section 307.091 | Sale of County Medical Facility to State Medical School or College.

Section 307.092 | Sale, Lease, or Transfer of County Property to Nonprofit Senior Citizens Organizations.

Section 307.10 | Procedure for Sale, Lease, Transfer or Granting of Rights in Real Property.

Section 307.11 | Board of County Commissioners May Execute Leases of Mineral Lands.

Section 307.12 | Resolution for Disposal of Unneeded, Obsolete or Unfit Personal Property.

Section 307.13 | Contracting for Services of Electrical Safety Inspector.

Section 307.14 | Legislative Authority and Contracting Subdivision Definitions.

Section 307.15 | Contracts With Other Governmental Entities.

Section 307.151 | Agreement With Municipalities for Control of Air and Water Pollution.

Section 307.152 | Agreements With Planning Commission for Comprehensive Transportation and Land Use Studies.

Section 307.153 | Agreements With Board of Health.

Section 307.16 | Agreement to Provide Method of Payment.

Section 307.17 | Duration of Agreement - Rescission.

Section 307.18 | Transfer of Property to County Commissioners.

Section 307.19 | Application of Sections.

Section 307.20 | Powers Over Air Navigation Facilities.

Section 307.201 | Acquisition and Operation of Subway Transportation System.

Section 307.202 | Development of Rail Property and Rail Service.

Section 307.203 | Appropriating Moneys for Railroad Grade Crossing Improvement Fund.

Section 307.204 | Procedure Concerning Construction or Expansion of Concentrated Animal Feeding Facility.

Section 307.21 | Bequests for War Memorial.

Section 307.22 | Bequests for Educational Purposes.

Section 307.23 | Historical Society Appropriations.

Section 307.24 | Itemized Account.

Section 307.25 | Distribution of Books.

Section 307.26 | Organization and Maintenance of Civic and Social Centers.

Section 307.27 | Contributions to Soil Conservation Districts.

Section 307.28 | Grant of Use of Land in Parks for Art Buildings.

Section 307.281 | Contributions for Park Projects.

Section 307.282 | Creating Community Improvements Board.

Section 307.283 | Community Improvements Board; Powers and Duties.

Section 307.284 | Issuing Bonds to Make Grants in Excess of Community Improvement Fund.

Section 307.29 | County May Lease to Municipal Corporation.

Section 307.30 | Annual Report.

Section 307.31 | Order for Survey of County Lines.

Section 307.32 | Notice to Board of County Commissioners of County Affected.

Section 307.33 | Return of Survey.

Section 307.34 | Action to Establish Lines Between Counties.

Section 307.35 | Decree as to Taxes Collected.

Section 307.36 | Corners of Originally Surveyed Townships.

Section 307.37 | Adoption of County Building Code.

Section 307.38 | County Building Inspector - Duties.

Section 307.381 | Establishing County Board of Building Appeals.

Section 307.39 | Publication of Building Regulations.

Section 307.40 | Injunction.

Section 307.41 | Purchase or Lease of Motor Vehicles.

Section 307.42 | Use of Vehicles to Be Regulated.

Section 307.43 | Use of County Vehicle Except for Official Business Prohibited.

Section 307.44 | Liability Insurance for Motor Vehicles Owned by County.

Section 307.441 | Errors and Omissions Insurance for Officers, Employees and Judges.

Section 307.45 | Using Property Tax Levied for Criminal Justice Services.

Section 307.46 | Expenses of Arrest - Payment.

Section 307.47 | Relief for Persons Injured in Automobiles Commandeered by Police Officer.

Section 307.48 | Proof of Validity of Claim.

Section 307.49 | Reward for Apprehension of Criminals.

Section 307.50 | Expenses of Pursuit and Return of Felon.

Section 307.51 | County Law Library Resources Board.

Section 307.511 | Law Library Resources Board Members.

Section 307.512 | Law Library Resources Board Meetings.

Section 307.513 | Annual Board Budget - Appropriations From General Fund.

Section 307.514 | County Law Library Resources Fund.

Section 307.515 | Allowance to Law Libraries From Fines and Penalties of Municipal Courts.

Section 307.516 | Multi-County Law Library Resources Commission.

Section 307.52 | Expert Witnesses.

Section 307.53 | Procedure When County Auditor Unable to Sign Bonds Due to Absence or Disability.

Section 307.54 | Registry and Redemption of Bonds.

Section 307.55 | Allowance and Payment of Claims Against County.

Section 307.56 | Appeal From Decision of Board of County Commissioners.

Section 307.561 | Settlement May Include Rezoning Agreement or Development Plan Approval.

Section 307.57 | May Execute Bonds of Indemnity.

Section 307.58 | Transcribing of Certain Records.

Section 307.59 | Transcribing of Court Records.

Section 307.60 | Appropriation for Compensation or Recruitment of Physicians or Other Medical Personnel.

Section 307.61 | Institutions Subject to Inspection of Commissioners or Board of Health.

Section 307.62 | Crime Victim Assistance Program - Appropriating Moneys.

Section 307.621 | Establishing Child Fatality Review Board.

Section 307.622 | Members of Child Fatality Review Board.

Section 307.623 | Child Fatality Review Board - Purpose and Duties.

Section 307.624 | Organization of Child Fatality Review Board.

Section 307.625 | No Review While Investigation Pending.

Section 307.626 | Annual Report.

Section 307.627 | Accessing Confidential Information.

Section 307.628 | Immunity.

Section 307.629 | Unauthorized Dissemination of Confidential Information.

Section 307.63 | Establishing Countywide Public Safety Communications System.

Section 307.631 | Establishing Drug Overdose Fatality Review Committee.

Section 307.632 | Members of Drug Overdose Fatality Review Committee.

Section 307.633 | Chairperson of Drug Overdose Fatality Review Committee.

Section 307.634 | Purpose of Drug Overdose Fatality Review Committee.

Section 307.635 | No Review While Investigation or Prosecution Pending.

Section 307.636 | Collecting and Maintaining Information; Annual Report.

Section 307.637 | Providing Information to Drug Overdose Fatality Review Committee.

Section 307.638 | Immunity.

Section 307.639 | Confidentiality.

Section 307.64 | Appropriating Moneys From Tax Levies for Economic Development.

Section 307.641 | Establishing Suicide Fatality Review Committee.

Section 307.642 | Members of Suicide Fatality Review Committee.

Section 307.643 | Purpose of Suicide Fatality Review Committee.

Section 307.644 | Chairperson of Suicide Fatality Review Committee.

Section 307.645 | No Review While Investigation or Prosecution Pending.

Section 307.646 | Collecting and Maintaining Information; Annual Report.

Section 307.647 | Providing Information to Suicide Fatality Review Committee.

Section 307.648 | Immunity.

Section 307.649 | Confidentiality.

Section 307.6410 | Hybrid Review Committee.

Section 307.65 | Harbor Improvements.

Section 307.66 | Memorial Day Appropriations.

Section 307.67 | County May Give Aid to Establish Canal or Waterway.

Section 307.671 | Cooperative Agreement for Sales Tax Levy and Bond Issuance for Port Authority Educational and Cultural Facility.

Section 307.672 | Cooperative Agreement for Sales Tax Levy and Bond Issuance With Nonprofit Corporation for Municipal Education and Cultural Facility.

Section 307.673 | Cooperative Agreement for Sales Tax Levy and Bond Issuance for Construction or Renovation of Professional Sports Facilities.

Section 307.674 | Cooperative Agreement for Sales Tax Levy and Bond Issuance for Educational and Cultural Performing Arts Facilities.

Section 307.675 | Using Long Life Expectancy Material in the Construction or Repair of Bridge Deck.

Section 307.676 | Tax on Retail Sale of Food and Beverages Consumed on Premises - General Fund Revenue.

Section 307.677 | Tax on Retail Sale of Food and Beverages Consumed on Premises - Funding Convention Center.

Section 307.678 | Tourism Development Facility or Project Cooperative Agreements.

Section 307.679 | Sports Parks; Cooperative Agreements; Bonds.

Section 307.68 | Board May Issue Bonds Upon Petition.

Section 307.69 | Agreements for Protection of Funds Contributed.

Section 307.691 | County or Municipal Assistance to Nonprofit Corporations Engaged in Certain Activities Benefiting Public.

Section 307.692 | Expending Funds for Encouraging Economic Development of the County or Area Through Promotion of Tourism.

Section 307.693 | Appropriating Moneys for Convention and Visitors' Bureaus.

Section 307.694 | Expending Funds for Senior Citizens Services or Facilities.

Section 307.695 | Agreement for Sales Tax Levy and Bond Issuance to Construct and Equip a Convention Center.

Section 307.696 | Agreement for Sales Tax Levy and Bond Issuance to Construct and Operate a Sports Facility.

Section 307.697 | Voting on Question of Levying Liquor Tax to Support Facility.

Section 307.698 | Moneys Spent for Housing Purposes.

Section 307.699 | Annual Service Payment in Lieu of Taxes on the Exempt Property Used by Major League Professional Athletic Team.

Section 307.6910 | Operation of Veterans Memorial and Museum.

Section 307.70 | County Charter Commissions.

Section 307.71 | Adoption of Curfew.

Section 307.72 | Appropriating Funds for Police Training.

Section 307.73 | Contract for Private Construction of Water and Sewer Lines.

Section 307.74 | Purchasing Water From Municipality.

Section 307.75 | Operating or Contracting for Operation of Police Training Schools.

Section 307.76 | Operating or Contracting for Operation of Zoological Park.

Section 307.761 | Facility to Promote Sciences and Natural History.

Section 307.77 | Giving Aid to Units of Government for Water Management.

Section 307.771 | Issuing Bonds for Water Management.

Section 307.772 | Agreements for Facilitating Water Management Projects.

Section 307.78 | Making Contributions to Community Improvement Corporations.

Section 307.781 | Unpaid or Delinquent Tax Line of Credit.

Section 307.79 | Administrative Rules.

Section 307.791 | Election on Repeal of County Sediment Control Rule.

Section 307.80 | Establishing County Microfilming Board.

Section 307.801 | Organization of Board.

Section 307.802 | Powers and Duties of Board.

Section 307.803 | Funds of Board.

Section 307.804 | Chief Administrator - Employees.

Section 307.805 | Annual Estimate of the Revenues and Expenditures - Report.

Section 307.806 | Contract for Services With Other Public Entities.

Section 307.81 | Vacating Unused Parks and Park Lands.

Section 307.82 | Selling Unused Parks and Park Lands.

Section 307.83 | Reversionary Interest in Parks and Park Lands.

Section 307.84 | Establishing Automatic Data Processing Board.

Section 307.841 | Organization of Board.

Section 307.842 | County Automatic Data Processing Board - Powers and Duties.

Section 307.843 | Acquiring Data Processing or Record Keeping Equipment, Software, or Services.

Section 307.844 | Chief Administrator - Automatic Data Processing Center.

Section 307.845 | Annual Estimate of the Revenues and Expenditures - Report.

Section 307.846 | Contract for Services With Other Public Entities.

Section 307.847 | Coordination of Information by County Automatic Data Processing Board.

Section 307.85 | Cooperation With Other Agencies in Operating Federal Programs.

Section 307.851 | Contracting With Corporation or Association, Profit or Nonprofit, to Provide Health and Human Services or Social Services.

Section 307.86 | Competitive Bidding Required - Exceptions.

Section 307.861 | Renewing Leases for Electronic Data Processing Equipment, Services, or Systems, or Radio Communications System.

Section 307.862 | Competitive Sealed Proposals - Procedure.

Section 307.863 | Bidding Process for Franchises.

Section 307.87 | Notice of Competitive Bidding.

Section 307.88 | Bid Contents.

Section 307.89 | Accepting Bids.

Section 307.90 | Contract Award - Preferences.

Section 307.91 | Rejecting All Bids.

Section 307.92 | Contracting Authority Defined.

Section 307.921 | Policy to Assist Minority Business Enterprises.

Section 307.93 | Joint Establishment of a Multicounty Correctional Center.

Section 307.931 | Submitting Health Insurance Claims for Inmates of Correctional Center.

Section 307.932 | Community Alternative Sentencing Centers.

Section 307.933 | Issuance of Securities.

Section 307.94 | Petitioning for Election on Adoption of County Charter.

Section 307.95 | Determining Validity of Petitions.

Section 307.96 | Charter or Amendment Effective Date.

Section 307.97 | Filing Sworn Itemized Statement of Financial Transactions.

Section 307.98 | Written Partnership Agreement With Director of Job and Family Services.

Section 307.981 | Designating Entities as Family Services Agencies.

Section 307.982 | Contracts to Perform Family Services Duty or Workforce Development Activity.

Section 307.983 | Plan of Cooperation to Enhance Administration of Ohio Works First Program, Prevention, Retention, and Contingency Program, and Other Family Services Duties and Workforce Development Activities.

Section 307.984 | Regional Plans of Cooperation to Enhance the Administration, Delivery, and Effectiveness of Family Services Duties and Workforce Development Activities.

Section 307.985 | Transportation Work Plan Regarding the Transportation Needs of Low Income Residents.

Section 307.986 | Procedures for Providing Services to Children Whose Families Relocate Frequently.

Section 307.987 | Permitting Exchange of Information Needed to Improve Services and Assistance to Individuals and Families and the Protection of Children.

Section 307.988 | Federal Requirements for Contracts With Religious Organization.

Section 307.99 | Penalty.