This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and
universities.
| Rule |
Rule 1501:46-3-01 | Posted.
Effective:
November 1, 2021
"Posted" means and requires that the
division shall set aside, at the area headquarters, a bulletin board or similar
device upon which shall be displayed all special instructions, orders, and
notices pertaining to locations in an area including but not limited to:
special hours of operation, swimming and boating restrictions, hunting and
trapping restrictions, and special instructions pertaining to locations where
activities are curtailed or restricted. Except in emergency situations, said
instructions, orders, notices, shall be displayed or signed in a location
convenient to the general public. Declaration of posting shall originate with
the chief of the division. Any person who fails to comply with special
instructions, orders, or notices posted in accordance with these provisions is
in violation of this rule.
Last updated January 11, 2023 at 11:27 AM
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Rule 1501:46-3-02 | Temporary closing of facilities.
(A) The chief of the division or his
authorized agents may temporarily close to public use and evacuate a facility
or area that is determined to be hazardous for public use due to weather,
water, fire, construction, or other situations involving public health, safety,
or welfare. (B) No person shall enter, use or
occupy and such closed area.
Last updated February 25, 2022 at 1:44 PM
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Rule 1501:46-3-03 | Authority of lock personnel.
Authorized lock personnel shall be charged with the
immediate control and management of a navigation lock, and of the area set
aside as the lock area, including the lock approach channels. Such authorized
personnel shall see that all laws, rules, regulations, and signs for the use of
the lock and lock area are duly complied with, to which end any and all orders
and directions necessary to compel compliance may be given by authorized
personnel both to employees of the state and to any and every person within the
limits of the lock or lock area, whether navigating the lock or not. No one
shall cause any movement of any vessel, watercraft, or other artificial
contrivance used as a means of transportation on the water in the lock or lock
approaches except by or under the direction of the lock personnel.
Last updated February 25, 2022 at 1:44 PM
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Rule 1501:46-3-05 | Trespassing on locks prohibited.
No person shall enter upon or trespass upon any lock on the Muskingum
river except under the direction of lock personnel.
Last updated February 25, 2022 at 1:44 PM
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Rule 1501:46-3-06 | Animal leash requirement.
(A) It is unlawful for any person who is
the owner or handler of any animal to refuse or fail to keep such animal on a
leash in hand and under control at all times while such animal is within any
area administered by the division except as allowed in rule 1501:46-9-10 of the
Administrative Code or except as authorized in paragraphs (C), (D), and (E) of
this rule. Said leash is not to exceed six feet in length from hand to
animal. (B) Any animal found at large may be
seized and disposed of as provided by law or ordinance covering disposal of
stray animals on highways or public property then in effect in the territory in
which the area administered by the division is located wherein such stray
animal was seized. (C) Tenants of the division, who lease
realty or structures on areas administered by the division are permitted to
keep pets on these premises provided such pets are adequately confined by
fence, cage, leash, or other confinement so as not to run at large in other
areas of the lands and waters administered by the division nor to interfere
with the safety or well being of visitors to such areas. (D) Use of a leash is not mandatory for
hunting dogs under the control of a hunter in a designated public hunting area
provided for in Chapter 1501:46-15 of the Administrative Code while hunting
during lawful hours and seasons established by statute, rule, or
order. (E) The chief may designate "dog
exercise" areas at state parks. Use of a leash is not mandatory for any
dog under the control of it's owner or handler in the designated dog
exercise area.
Last updated July 17, 2023 at 11:24 AM
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Rule 1501:46-3-07 | Animals in cabin, lodge, golf courses, beach, and camp, facilities prohibited, exceptions.
No person is permitted to bring or keep any animal
in any cabin, cabin area, lodge, lodge area, camping area, wildlife display
area, or in the water or land area of any beach, swimming pool, or golf course
administered by the division not designated for that purpose, except that a
blind, deaf, or mobility-impaired person may bring or keep a service animal as
defined by the Americans with Disabilities Act of 1990 (28 C.F.R. part 35,
subpart A, 35.104), especially trained for the purpose of aiding any such
person, in any area administered by the division. Horsemen may bring or keep
horses in areas designated as horseman's campgrounds. Persons may bring
domestic cats and dogs to those sections of the camping areas that have been
designated by the chief as a camping area zone permitting pets as provided in
rule 1501:46-9-10 of the Administrative Code.
Last updated September 16, 2024 at 12:16 PM
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Rule 1501:46-3-08 | Removal of barking or unruly animals.
If the menacing attitude of any animal under the
control or supervision of any person within any area administered by the
division excites fear in other persons, or if the animal disturbs the quiet
enjoyment by other persons of any area administered by the division by
incessant barking, whining, howling, crying or other incessant sharp, abrupt
outcries, or other means, a natural resources officer may direct that the
animal be removed by the owner or handler from any area administered by the
division.
Last updated February 25, 2022 at 1:44 PM
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Rule 1501:46-3-09 | Releasing of plants and animals prohibited.
(A) No person shall release any wild or
domestic animal and abandon such animal, or plant or culture any seed or
vegetation of any type in any area administered by the division without the
written permission of the chief of the division. (B) Tenants of the division, who lease
realty or structures on areas administered by the divsion, are permitted to
have small gardens.
Last updated February 25, 2022 at 1:44 PM
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Rule 1501:46-3-10 | Removal of plants and other natural materials.
Except by permit issued for scientific or
educational purpose by the chief of the division, it is unlawful to willfully
or negligently pick, dig up, cut, mutilate, destroy, injure, disturb, move,
molest, alter, treat, burn, or carry away any tree or plant or portion thereof,
including but not limited to leaf mold, flowers, foliage, fruit, grass, turf,
humus, shrubs, and dead wood, except in a specific area where the chief has
authorized. Pine cones on the ground, berries, fruit, tree nuts, mushrooms, and
naturally-shed antlers may be carried away during daylight hours from any area
except any area where a restriction against such activities has been posted.
Such taking may be done for personal use only and not for commercial
purposes.
Last updated September 16, 2024 at 12:16 PM
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Rule 1501:46-3-11 | Geological features.
It is unlawful to destroy, disturb, deface,
mutilate, or remove earth, sand, gravel, shoreline of a lake, oil, minerals,
stone, rocks, ice, or features of caves in any area administered by the
division, except in specific areas when authorization by the chief to collect
fossils or other geological materials is posted at the headquarters of the area
to which the authorization applies or except where the chief has designated a
nature study area.
Last updated September 16, 2024 at 12:16 PM
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Rule 1501:46-3-12 | Archaeological and historical features.
No person shall remove from, injure, disfigure,
deface, or destroy any object of paleontological, archaeological, or historical
interest or value in any area administered by the division without a permit
issued by the chief of the division.
Last updated February 25, 2022 at 1:44 PM
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Rule 1501:46-3-13 | Littering, importing of rubbish and trash prohibited.
For the purposes of this rule, the terms
"litter," "rubbish," and "trash" include, but are
not limited to; garbage, peelings of vegetables or fruit, waste, refuse,
rubbish, ashes, can(s), bottle(s), wire, paper, carton(s), box(es), motor
vehicle or bicycle or wagon parts, furniture, glass, oil, sewage, anything of
an unsightly nature, or anything of an unsanitary nature. (A) No person is permitted to willfully
or negligently leave, place, or dispose of any litter, rubbish, or trash under
or upon the lands and waters of the division except in a receptacle designated
for that purpose. (B) No person is permitted to import into
any area administered by the division from another place and willfully or
negligently leave, place, discard any litter, trash, or rubbish under or upon
the lands or waters of the division, or deposit such imported litter, trash, or
rubbish in any receptacle designated for or ordinarily used by the division for
the containment of such substances. (C) Without obtaining prior written
permission from the chief or the chief's authorized agent, no person is
permitted to import into any area administered by the division from another
place any leaves, grass clippings, tree limbs, brush, or other type of yard
waste.
Last updated September 16, 2024 at 12:16 PM
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Rule 1501:46-3-14 | Glass containers prohibited on beach.
Possession of glass containers on any beach area by any person is
prohibited, except that thermos bottles or thermos jugs, which if broken or
damaged will contain all glass particles within the outershell of such bottles
or jugs, are permitted.
Last updated February 25, 2022 at 1:44 PM
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Rule 1501:46-3-15 | Facility uncleanliness.
No person shall utilize any structure, facility, or
area administered by the division and upon vacating said structure, facility or
area, cause it to be left in an unreasonably unsanitary or unclean manner or
condition.
Last updated February 25, 2022 at 1:44 PM
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Rule 1501:46-3-16 | Injury to buildings, signs, and other property prohibited.
No person shall in any manner willfully mark,
deface, or injure in any way, or displace, remove, or tamper with any division
buildings, bridges, tables, benches, fireplaces, railings, paving or paving
material, water lines, or other public utilities or parts or appurtenances
thereof, signs, notices or placards whether temporary or permanent, monuments,
stakes, posts, or other boundary markers, other structures or equipment,
facilities, or division property or appurtenances whatsoever, either real or
personal.
Last updated February 25, 2022 at 1:44 PM
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Rule 1501:46-3-17 | Personal property left on division areas without approval.
Except with the approval of the chief or his
designee, no person is permitted to leave any personal property in any area
administered by the division in such a manner that the conditions surrounding
its placement, when found, give indication that the owner has left the area
administered by the division. Such property may be removed from the location at
which it is found and stored by the division. The owner of such property, if
known or can be found with reasonable effort, will be notified and the owner
will be permitted to redeem such property by payment of a storage fee not to
exceed one dollar per day plus the actual cost incurred in the recovery of such
property. Any property unclaimed by the owner will be disposed of in accordance
with section 1546.10 of the Revised Code. This rule does not apply to abandoned
motor vehicles and trailers that are subject to licensing by the bureau of
motor vehicles, or watercraft that are subject to the provisions of section
1547.53 of the Revised Code, or substances covered by rule 1501:46-3-13 of the
Administrative Code, or to items placed at a geocaching site for which the area
manager has given prior approval subject to the conditions thereof.
Last updated May 6, 2024 at 9:45 AM
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Rule 1501:46-3-18 | Collection of firewood, use of chainsaws.
(A) It is unlawful for any person to
gather firewood or use a chainsaw in any area administered by the division,
except as noted in paragraphs (B) and (C) of this rule. (B) Firewood for cooking or campfires may
be supplied by the division when the chief determines that an abundance of
timber has become available as a result of forest management practices or the
necessary removal of trees impacted by weather conditions, and fallen small
limbs and twigs appropriate for kindling may be gathered and used only on the
areas administered by the division where such firewood was made available and
kindling materials were collected. (C) With written permission of the chief
persons may cut and gather standing timber that as a result of wind, storm, or
any other natural occurrence may present a hazard to life or property, or cut
and gather timber that has fallen on lands under the control and management of
the division.
Last updated September 16, 2024 at 12:16 PM
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Rule 1501:46-3-19 | Fires, lighted cigarettes, embers.
No person shall kindle, build, maintain, or use a
fire other than in places provided or designated for such purposes except by
written permission issued by the area manager. Any fire embers or burning
briquettes shall be continuously under the care and direction of a competent
person over fourteen years of age from the time it is kindled until it is
extinguished. No person within the confines of any area administered by the
division shall throw away or discard any match, cigarette, cigar, embers or
briquettes or other burning object which has not been entirely extinguished
before being thrown away or discarded in receptacles or areas provided
therefore. The area manager or his authorized representative may limit the size
of all campfires and prescribe safety precautions to be taken. Upon a
determination of extreme fire hazard no person shall smoke or build fires in
areas posted as areas of extreme fire hazard.
Last updated February 25, 2022 at 1:44 PM
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Rule 1501:46-3-20 | Smoking.
No person shall smoke in any structure or location
in any area administered by the division where smoking is prohibited.
Last updated February 25, 2022 at 1:44 PM
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Rule 1501:46-3-21 | Lake bottom salvage.
No person shall attempt to remove or shall remove
any personal property from the bottom of the waters of any area administered by
the division without first obtaining the permission of the area manager. This
rule shall not apply to fishermen engaged in fishing nor persons within the
submerged portion of a beach of the division, but fishermen engaged in the act
of fishing with the aid of snorkel SCUBA apparatus shall be governed by this
prohibition insofar as their actions are not directly connected with the act of
underwater fishing.
Last updated February 25, 2022 at 1:44 PM
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Rule 1501:46-3-22 | Intoxicating beverages.
(A) It is unlawful for any person to
publicly consume or display the presence of any beer or intoxicating liquor in
any area administered by the division, except within the confines and privacy
afforded in a cabin, cabin site, lodge room, rented campsite, or in those areas
designated by authority of the chief pursuant to paragraph (B) of this rule.
For the purposes of this rule, beer or intoxicating liquor are defined as in
section 4301.01 of the Revised Code. (B) The chief may designate areas where a
permit allowing the public display and consumption of beer or intoxicating
liquor in select rentable facilities on state park land may be issued by the
area manager if all the following apply; (1) The renter has paid
the rental fee for a private activity; (2) Does not charge a
separate admission fee; (3) Does not offer beer
or intoxicating liquor for sale as defined in section 4301.01 of the Revised
Code; and (4) Confines the display
and consumption of beer or intoxicating liquor to a limited area as described
in the permit.
Last updated September 16, 2024 at 12:16 PM
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Rule 1501:46-3-23 | Throwing objects over cliffs, dams, or other structures prohibited.
No person shall throw, toss, drop, or propel, or
cause - directly or indirectly - the throwing, tossing, dropping or propelling
of any object over or off any precipice, dam, bridge, observation tower, or
other similar structure or natural formation. Activities carried on as a
necessary part of rock-climbing or rappelling when done in compliance with
rules 1501:46-7-09 and 1501:46-7-10 of the Administrative Code are exempt from
this rule.
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Rule 1501:46-3-24 | Alms and contributions, solicitation prohibited.
No person shall solicit alms or contributions for
any purpose, whether public or private, in any area administered by the
division.
Last updated February 25, 2022 at 1:44 PM
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Rule 1501:46-3-26 | Commercial activity prohibited except by permit.
Effective:
September 3, 2018
(A) No person shall rent, sell,
solicit, offer for sale or have in his possession with the intent to rent or
expose for rent or sale any item or service in any area administered by the
division except by authority of an approved concession contract or permit
issued by the chief. Exempt from this paragraph are the collection of
registration fees from participants in fishing tournament events which have
been approved by the park manager; the sale of newspapers from vending machines
located in areas designated for this purpose by the park manager; the sale of
food items by a vendor who has been called to deliver the items into the park
by a park visitor; and the sale of towing or repair services by a vendor who
has been called to deliver these services to the park by a park
visitor. (B) Except by contract or permit issued as provided by
paragraph (A) of this rule, no person shall display, erect, fix, or attach any
commercial sign, notice billboard, poster or similar facsimile to any
artificial structure or natural object in any area administered by the
division. Owners of such signs shall be responsible for their removal at the
expiration of the permit or a responsible time thereafter.
Last updated January 4, 2024 at 9:11 AM
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Rule 1501:46-3-27 | Collecting prohibited without permit.
(A) No person is permitted to collect
plants, animals, fungi, or geologic materials from any area administered by the
division without first having obtained a collector's permit from the chief
of the division in addition to any other required permits. Nothing contained in
this paragraph restricts any of the following: (1) Any licensed hunter
or fisherman who is legally hunting or fishing in the taking of game or fish,
or (2) The collecting of
plants, animals, fungi, and geologic materials in an area designated by the
chief as a nature study area, and so posted in accordance with rule
1501:46-3-01 of the Administrative Code. The special instructions posted for use of the
nature study area will prevail where inconsistent with the provisions of this
rule. (B) All persons requesting a
collector's permit shall, at the time of application for such permit,
provide the following information on forms provided by the
division: (1) A program or project
outline with the objective indicated; (2) Dates when the permit
is needed; (3) Name of division
administered area and specific locations of collecting therein; (4) Species or specimen
type with number to be collected; (5) Equipment and method
to be used for the collecting; (6) Name of all persons
participating in collection project; (7) Planned disposition
of specimens collected; (8) Qualifications of
applicant. (C) Upon request, the permit holder
shall submit a project report within sixty days after expiration of permit.
Such report will include a data sheet for each area surveyed, species or other
specimen type and number collected, date of collection, and all other data
collected, including specific records as requested which may include, but is
not limited to any of the following details: (1) Temperature, (2) Water
chemistry, (3) Weather conditions,
and (4) Habitat in
general. In addition, a copy of all reports or
publications derived from the data collected are to be provided to the
division. (D) The collecting project must be
conducted under the guidance of one person in charge of carrying on the project
that possesses a collector's permit. Persons assisting with this project
will not be compelled to obtain a collector's permit. However, in lieu of
such, it is necessary for persons assisting to carry a copy of the original
collector's permit which is to be carried at all times during collecting.
Persons not possessing a copy of the original permit are not authorized to
participate in collecting activities. Any misuse or illegal collecting
participated in by possessors of these copies will authorize the chief or his
representative to revoke said collecting permit and to deny future collecting
authorization to the violators. (E) Persons failing to provide full
information provided in this rule to the satisfaction of the chief of the
division will be denied a permit. Further failure to fulfill the conditions of
the permit will serve as justification for the chief to deny future permits
requested by the person or persons failing to comply.
Last updated September 16, 2024 at 12:16 PM
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Rule 1501:46-3-28 | Special activities; permit required.
(A) No person shall conduct any
special activity upon the lands or waters of the division without first
obtaining a permit from the chief of the division upon application made not
less than thirty days prior to the day of the proposed special activity.
"Special activities" are supervised activities or events involving a number of
participants or spectators, which significantly affect the public use,
preservation and protection of lands or waters of the division. (B) Announcements or notices of
special activities as provided in this rule may be displayed in a manner as
directed by the area manager. (C) The division may provide a
message board or similar device at the area headquarters upon which information
about neighboring facilities or activities may be displayed for a reasonable
period of time.
Last updated February 25, 2022 at 1:44 PM
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Rule 1501:46-3-29 | Private channel construction.
(A) No person who is the owner, his
agent, lessee, or tenant of land adjacent or contiguous to any lands or waters
administered by the division may dredge or permit a channel to be dredged or
otherwise constructed upon said land for the purpose of effecting a junction
with the waters of the state, nor fill such channel with the waters of the
state nor cut through any water containment on state lands or waters without
first having made application and received written permission therefor from the
chief of the division as hereinafter provided. (B) Persons desiring to dredge or otherwise construct a channel
on private land and to utilize the waters of the state to fill such channel
shall submit a written request therefor to the chief of the division setting
forth detailed information, including but not limited to: (1) A drawing showing
exact length, width, and depth of the proposed channel; (2) Proof of low
permeable qualities of the soil in the proposed channel; (3) The sequencce and
stages of construction with details showing plans to minimize any siltation
impacts on the lake resulting from the construction project. (C) If the chief determines that the proposed channel will be
advantageous to the division in promoting increased recreational activities in
the area and that the permeable qualities of the soil in the channel will
preclude loss of normal pool stage of the waters of the state, and siltation
from the channel will not severely hamper or impede navigation in the waters of
the state, the chief may authorize construction of the proposed
channel. (D) Such authorization will be in contract form granting the
applicant permission to cut through the existing containment on state lands for
the purpose of utilizing the waters of the state to fill the proposed channel.
Such authorization will contain the provisions hereinafter set
forth: (1) The applicant shall
not alter, modify, or extend the channel or construct additional channels from
the original construction without having requested and received additional
written permission from the chief of the division and having paid an additional
fee as provided for in the rules of the division; (2) The applicant
thereafter will permit the public to use the waters in the channel for fishing
and boating purposes; (3) The applicant shall
grant to the division a perpetual easement for flowage and access and shall
file such easement in the office of the county recorder of the county in which
the channel is located; (4) The applicant is
responsible for channel maintenance including but not limited to maintaining
the originally specified width and depth and for weed cutting without expense
to the division now or in the future; (5) The state retains the
right to regulate water levels of the source supplying the channel without
liability for damages to the property of the applicant or responsibility for
maintaining channel water levels. The division is not liable for damage effects
to the channel or its surrounding area from natural disasters and
floods. (E) The chief of the division will charge a one-time fee as
compensation to the state of Ohio for this utilization of the waters of the
state and for authorization to cut through containments on state lands. The fee
is established in rule 1501:46-2-04 of the Administrative Code. (F) This rule does not apply to drainage ditch excavation where
said ditch is for the purpose of intermittently draining lands and said ditch
is not being used for recreational purposes.
Last updated July 17, 2023 at 11:24 AM
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Rule 1501:46-3-30 | Off-trail use prohibited.
No person is permitted off the posted trails within
Hocking Hills, Mohican, John Bryan, or Nelson Kennedy Ledges state parks, or
designated areas, without written permission of the chief, except in those
areas specifically designated for public use (campgrounds, picnic areas,
hunting areas, rock-climbing areas).
Last updated September 16, 2024 at 12:16 PM
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Rule 1501:46-3-31 | Containers on trails prohibited.
No person shall bring onto the trails of Nelson-Kennedy ledges any
glass container, disposable can, or disposable plastic container unless such
person has the written approval of the area manager.
Last updated February 25, 2022 at 1:44 PM
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Rule 1501:46-3-33 | Feeding of wildlife.
Without the written approval of the area manager no
person is permitted to intentionally feed any wild or domestic waterfowl, wild
animal, or other wild bird, except in an area where signs are posted indicating
that wildlife may be fed or when permitted as part of a park-sponsored nature
program.
Last updated September 16, 2024 at 12:16 PM
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Rule 1501:46-3-34 | Dog exercise areas.
(A) The chief may designate "dog
exercise" areas at state parks. It is not mandatory for dogs in designated
dog exercise areas to be on a leash if they are under the control and
supervision of a person eighteen years old or older. Up to two dogs per adult
are permitted in the dog exercise area. (B) No person may bring a dog into a dog
exercise area if the dog is under four months old; is in heat; or has fresh
wounds. No person may bring a dog into a dog exercise area unless the dog is
current with vaccinations and displays the current license and rabies
tags. (C) No person may bring a dog into a dog
exercise area and fail to remove or collect their dog's waste and place it
in the designated receptacles. (D) No person is permitted to be in a dog
exercise area between sunset to sunrise. (E) Children under the age of sixteen are
not to be in a dog exercise area except while under the supervision of a
responsible adult. (F) Any dog that exhibits threatening or
vicious behavior is not permitted to enter dog exercise areas.
Last updated September 16, 2024 at 12:16 PM
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