Ohio Revised Code
Chapter 940 | Soil and Water Conservation Commission
Section 940.01 | Definitions.

Effective: October 17, 2019
Latest Legislation: House Bill 340, House Bill 166 - 133rd General Assembly
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.
The Legislative Service Commission presents the text of this section as a composite of the section as amended by multiple acts of the General Assembly. This presentation recognizes the principle stated in R.C. 1.52(B) that amendments are to be harmonized if reasonably capable of simultaneous operation.
Last updated June 11, 2021 at 11:07 AM