OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
S.B. 156 Final Analysis
135th General Assembly
Click here for S.B. 156’s Fiscal Note
Primary Sponsors: Sens. Reineke and Hackett
Effective date: October 24, 2024
Effective date:
Jeff Grim, Research Analyst
SUMMARY
Wild, scenic, and recreational rivers
▪ Transfers the authority to administer the Wild, Scenic, and Recreational River Program
from the Division of Parks and Watercraft to the Division of Natural Areas and Preserves
(DNAP) in the Department of Natural Resources (ODNR).
▪ As part of the transfer, narrows the scope of authority granted under the law to DNAP
by clarifying that DNAP’s authority is restricted to watercourses that are designated as
wild, scenic, and recreational rivers rather than wild, scenic, or recreational river areas
as in former law.
▪ Clarifies that a watercourse designation does not affect private property rights or
authorize the Director of Natural Resources, DNAP Chief, or any governmental agency or
political subdivision to restrict the use of private land adjacent to a designated river.
▪ Also, specifies that the law does not give any right to those parties to enter on private
land.
▪ Notwithstanding the general narrowing of authority, expands the types of watercourses
that are subject to designation as a wild, scenic, or recreational river to include
headwaters of those rivers.
▪ Alters what constitutes a wild, scenic, or recreational river to align those provisions of
law to the general narrowing of authority granted to DNAP.
▪ Requires DNAP to perform specified duties regarding publicly owned land along a
designated river, including requiring the DNAP Chief to do both of the following:
 Adopt rules governing the use, visitation, and protection of scenic river lands and
other specified publicly owned lands that are administered by DNAP and that are
within the watersheds of wild, scenic, and recreational rivers; and
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 Provide for the establishment of facilities and improvements within the state system
of wild, scenic, and recreational rivers, scenic river lands, and other specified publicly
owned lands that are necessary for their visitation, use, restoration, and protection
and that do not impair their natural character.
▪ Clarifies that certain public entities must obtain approval from the ODNR Director or the
Director’s representative if specified construction activities are performed within
1,000 feet of a wild, scenic, or recreational river.
▪ Modifies the notification requirements when a river is designated a wild, scenic, or
recreational river by requiring the Director to post the Director’s intention to declare a
watercourse a wild, scenic, or recreational river on DNAP’s website.
▪ Clarifies the roles of the Director and the DNAP Chief regarding the establishment and
administration of wild, scenic, and recreational rivers by stating that the Director must
establish the designation and the Chief must administer the management of the
designated wild, scenic, or recreational river.
▪ Allows the DNAP Chief to accept, receive, and spend gifts, devises, or bequests of
money, land, or other properties for the Wild, Scenic, and Recreational River Program.
Boating safety
▪ Increases, from $30,000 to $60,000, the maximum annual grant that the Division of
Parks and Watercraft may award to certain entities for boating safety education
programs.
▪ Designates April as “Powerboat Safety Month” to emphasize the dangers of carbon
monoxide poisoning that can occur on a powerboat.
DETAILED ANALYSIS
Wild, scenic, and recreational rivers
Introduction
The Ohio Department of Natural Resources (ODNR) administers the Wild, Scenic, and
Recreational Rivers Program. The program encompasses 15 rivers that have been designated by
the Director of Natural Resources as either a wild, scenic, or recreational river. The mission of
the program is “to work cooperatively with local governments, businesses, landowners,
nonprofit organizations, and other state and federal agencies to protect the aquatic resources
and terrestrial communities dependent on healthy riparian habitats.”1
1 About Ohio’s Scenic River Program, which is available on the ODNR website, ohiodnr.gov.
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Transfer and clarification of authority
The act transfers the authority to administer the Wild, Scenic, and Recreational Rivers
Program from the Division of Parks and Watercraft to the Division of Natural Areas and
Preserves (DNAP) in ODNR.2 As part of the transfer, the act narrows the scope of authority
granted under the law to DNAP. Thus, the act clarifies that DNAP’s authority is restricted to
watercourses that are designated as wild, scenic, and recreational rivers. Under former law, the
Division of Parks and Watercraft was granted authority over designated rivers and the areas
surrounding those rivers that are designated as wild, scenic, and recreational river areas.3
The act further clarifies that the designation of a watercourse as a wild, scenic, or
recreational river does not affect private property rights or authorize the ODNR Director, DNAP
Chief, or any governmental agency or political subdivision to restrict the use of private land
adjacent to the river or enter upon private land. Former law stated that an area designation did
not authorize the Director or any governmental agency or political subdivision to restrict the
use of land by the land’s owner or any person acting under the landowner’s authority or to
enter upon land.4
The act removes the Director’s authority to include adjacent lands to a watercourse as
part of a wild, scenic, or recreational river designation. Former law allowed the Director to
include land adjacent to a watercourse in the designated area. The adjacent land had to be in
sufficient width to preserve, protect, and develop the natural character of the watercourse, but
could not include any lands more than 1,000 feet from the normal waterlines of the
watercourse unless an additional width was necessary to preserve water conservation, scenic,
fish, wildlife, historic, or outdoor recreation values.5
Further clarifying DNAP’s authority regarding land along a designated river, the act
defines scenic river lands as any area of land or water within a wild, scenic, or recreational river
watershed that is owned by the Department of Natural Resources and administered by DNAP
for the purpose of protecting the natural character and water quality of a wild, scenic, or
recreational river. Thus, the term “scenic river lands” does not apply to private lands.6
Watercourses
Notwithstanding the general narrowing of authority, the act expands the types of
watercourses that are subject to designation as a wild, scenic, or recreational river. Under prior
law, a watercourse was defined as a substantially natural channel with recognized banks and
bottom in which a flow of water occurs, with an average of at least ten feet mean surface water
2 R.C. 1517.02 and 1517.14 and multiple conforming cross-reference changes.
3 Multiple references throughout the act change “wild, scenic, and recreational river areas” to “wild,
scenic, and recreational rivers” and “watercourses.”
4 R.C. 1517.14(D)(1).
5 R.C. 1517.14(B).
6 R.C. 1517.01(E).
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width and at least five miles of length. The act eliminates the average width criteria. According
to a DNAP representative, this elimination allows the headwaters of a watercourse (which are
less than ten feet wide) to be included in the designation of a wild, scenic, or recreational river. 7
Wild, scenic, and recreational rivers
The act alters what constitutes a wild, scenic, or recreational river, as indicated in the
following table. The altered definitions reflect the act’s general narrowing of authority .
Wild, Scenic, and Recreational Rivers8
River type Former law The act
Wild River An area declared a wild river area Same, except refers to wild river
by the ODNR Director and includes rather than wild river area and
those rivers or sections of rivers states that a wild river is a
that are free of impoundments and watercourse (thus clarifying that
generally inaccessible except by a wild river does not include
trail, with watersheds or shorelines surrounding lands) and specifies
essentially primitive and waters that the river must be free of
unpolluted, representing vestiges impoundments constructed by
of primitive America. humans.
Scenic River An area declared a scenic river Same, except refers to a scenic
area by the Director and includes river rather than a scenic river
those rivers or sections of rivers area, specifies that a scenic river
that are free of impoundments, is a watercourse (thus clarifying
with shorelines or watersheds still that a scenic river does not
largely primitive and shorelines include surrounding lands), and
largely undeveloped, but accessible requires the river to be free of
in places by roads. impoundments constructed by
humans for at least 75% of the
length of the watercourse or
section of the watercourse or
requires it to be combined with
another section of a
watercourse that has been
designated a wild river.
7 R.C. 1517.01(F) and 1546.01. Phone conversation with DNAP on September 20, 2023.
8 R.C. 1517.01 and 1546.01.
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Wild, Scenic, and Recreational Rivers8
River type Former law The act
Recreational River An area declared a recreational Same, except refers to
river area by the Director and recreational river rather than
includes those rivers or sections of recreational river area and
rivers that are readily accessible by states that a recreational river is
road or railroad, that may have a watercourse (thus clarifying
some development along their that a recreational river does not
shorelines, and that may have include surrounding lands).
undergone some impoundment or
diversion in the past.
Additional changes regarding the transfer of authority
The act requires DNAP to do all of the following regarding land along a designated river:
1. Adopt rules governing the use, visitation, and protection of scenic river lands and other
publicly owned lands that are administered by DNAP that are within the watersheds of
wild, scenic, and recreational rivers;
2. Provide for the establishment of facilities and improvements within the state system of
wild, scenic, and recreational rivers, scenic river lands, and other publicly owned lands
that are necessary for their visitation, use, restoration, and protection and that do not
impair their natural character;
3. Provide interpretive programs and publish and disseminate information pertaining to
scenic river lands, and publicly owned lands that are administered by DNAP and are
within watersheds of wild, scenic, and recreational rivers for their visitation and use;
4. Grant permits to qualified persons for scientific research and investigations within wild,
scenic, and recreational rivers, scenic river lands, and other publicly owned lands within
wild, scenic, and recreational river watersheds;
5. Establish an appropriate system for marking wild, scenic, and recreational rivers, scenic
river lands, and other publicly owned lands within wild, scenic, and recreational river
watersheds;
6. Provide for protection, restoration, habitat enhancement, and clean-up projects in wild,
scenic, and recreational rivers, scenic river lands, and other publicly owned lands within
wild, scenic, and recreational river watersheds;
7. In addition to uses for nature preserves, use money in the Natural Areas and Preserves
Fund for acquisition of new or expanded scenic river lands, facility development in
scenic river lands, special projects that include biological inventories, research grants,
and production of interpretative material related to scenic river lands, and
administering a system of wild, scenic, and recreational rivers, scenic river lands, and
facilities or improvements associated with those rivers and lands;
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8. Accept and administer state and federal assistance for the maintenance and protection
of scenic river lands and for the construction of facilities on publicly owned lands within
wild, scenic, and recreational river watersheds;
9. Use money in the Scenic Rivers Protection Fund for acquisition of scenic river lands and
construction of facilities in scenic river lands and other publicly owned lands within wild,
scenic, and recreational river watersheds.9
Public property along rivers
Continuing law requires a state department, state agency, or political subdivision to
obtain approval from the Director or the Director’s representative to do any of the following to
a watercourse within a wild, scenic, or recreational river outside a municipal corporation:
1. Build or enlarge any highway, road, or structure; or
2. Modify or cause the modification of the channel of any watercourse.
The act clarifies that those public entities must obtain approval only if the above
activities are performed within 1,000 feet of a wild, scenic, or recreational river. It also allows
those public entities, with the Director’s approval, to so build, enlarge, or modify beyond
1,000 feet on publicly owned land if necessary to preserve water conservation, scenic, fish,
wildlife, historic, or outdoor recreation values.10
The act further allows the Director to enter into a lease or other agreement with a
political subdivision to administer any publicly owned land that is administered by DNAP and
that is within the watershed of a wild, scenic, or recreational river. Former law allowed the
Director to enter into such a lease in a wild, scenic, or recreational river area.11
Notification of designation
The act modifies the notification requirements when a river is designated a wild, scenic,
or recreational river by requiring the Director to post the Director’s intention to declare a
watercourse as a wild, scenic, or recreational river on DNAP’s website. The Director must
complete the post on