Ohio Code 940.22 – Preliminary report on proposed improvement; alternate proposals; review by engineer
(A) Upon acceptance of a petition requesting the construction of an improvement, the board of supervisors of a soil and water conservation district shall begin to prepare a preliminary report regarding the proposed improvement. The board shall present the completed preliminary report at the hearing that is held on the proposed improvement.
Terms Used In Ohio Code 940.22
- agriculture: includes farming; ranching; aquaculture; algaculture meaning the farming of algae; apiculture and related apicultural activities, production of honey, beeswax, honeycomb, and other related products; horticulture; viticulture, winemaking, and related activities; animal husbandry, including, but not limited to, the care and raising of livestock, equine, and fur-bearing animals; poultry husbandry and the production of poultry and poultry products; dairy production; the production of field crops, tobacco, fruits, vegetables, nursery stock, ornamental shrubs, ornamental trees, flowers, sod, or mushrooms; timber; pasturage; any combination of the foregoing; the processing, drying, storage, and marketing of agricultural products when those activities are conducted in conjunction with, but are secondary to, such husbandry or production; and any additions or modifications to the foregoing made by the director of agriculture by rule adopted in accordance with Chapter 119 of the Revised Code. See Ohio Code 1.61
- 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. See Ohio Code 940.01
- Soil and water conservation district: means a district organized in accordance with this chapter. See Ohio Code 940.01
- United States: includes all the states. See Ohio Code 1.59
(B) The board shall ensure that the preliminary report includes all of the following:
(1) A preliminary estimate of the cost of construction for the proposed improvement;
(2) Comments on the feasibility of the proposed improvement;
(3) A statement of the board’s opinion as to whether the benefits from the proposed improvement are likely to exceed the estimated cost;
(4) A list of all factors identified by the board, both favorable and unfavorable to the proposed improvement, so that the petitioners may be informed concerning what is involved with the construction of the proposed improvement.
(C) In addition to preparing a preliminary report on the improvement as petitioned, the board may submit alternate proposals to accomplish the intent of the petition.
(D) The preliminary report and all alternate proposals shall be reviewed and receive concurrence from an engineer who is employed by the department of agriculture or by the natural resources conservation service in the United States department of agriculture and who is responsible for providing technical assistance to the district or from any other registered professional engineer selected by the board of supervisors.