The Ohio Legislation passed HB 366

The Ohio Legislation passed HB 366. This Bill deals with counties and townships ability to enact access management.

Listed below is a summary checklist for those types of regulations as printed in the Nov., Dec., Twp News.

     While the law is a basic enabling statute for the adoption of access management regulations, the statute does include some specific provisions that must be included in the body of the regulations. Regulations should include the following specific provisions to comply with the statute:

1. Regulations must be for purpose of promoting traffic safety and efficiency and to maintain proper traffic capacity and flow.

2. Township regulations apply to only township roads.

3. Urban township regulations take precedence over county regulations on township roads.

4. The regulations do not apply to platted major subdivisions, but do apply to minor subdivisions or lot splits and to parcels not defined as subdivisions, which generally means parcels over five acres in area.

5. Township regulations may regulate any construction, reconstruction, use or maintenance of any point of access from public or private property onto county or township roads.

6. Regulations must, to the extent possible, be consistent with existing county zoning regulations, and must be coordinated with existing township zoning regulations.

7. Regulations may not apply to any access point that exists or on which construction has begun prior to the effective date of the regulations.

8. Regulations may affect the reconstruction or relocation of access points and can apply when land use is changed if the change significantly increases the types of traffic or traffic volume on road.

9. Regulations may require the issuance of permits, including temporary or interim permits.

10. The regulations provide for charging a permit fee.

11. If the regulations require permits, the regulations must include standards that will be used for the approval or denial of permits and include a reasonable period of time for the approval or denial.

12. Access management permits must prescribe the permitted uses and limitation of the permit. Amendments or modifications to a permit are not allowed. Changes sought to a previously granted permit require the applicant to apply for a new permit that supersedes the original permit.

13. The regulations must designate a board to hear appeals and variances to the regulations.

14. Violation of regulations result in a fine of not more than $500. Each day is considered a separate offense.