OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
S.B. 156 Bill Analysis
135th General Assembly
Click here for S.B. 156’s Fiscal Note
Version: As Passed by the Senate
Primary Sponsors: Sens. Reineke and Hackett
Effective date:
Jeff Grim, Research Analyst
SUMMARY
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 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 current 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 upon 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 Director 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
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
February 2, 2024
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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 the Director establishes
the designation and the Chief administers the management of the designated wild,
scenic, or recreational river.
Allows the DNAP Chief to accept, receive, and expend gifts, devises, or bequests of
money, land, or other properties for purposes of the wild, scenic, and recreational river
program.
Requires the DNAP Chief to adopt rules establishing fees and charges for the use of
facilities in nature preserves, scenic river lands, and on publicly owned lands.
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 currently 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
The bill transfers the authority to administer the program from the Division of Parks and
Watercraft to the Division of Natural Areas and Preserves (DNAP) in ODNR.2
Clarification of authority
Designation of wild, scenic, and recreational rivers
As part of the transfer, the bill narrows the scope of authority granted under the law to
DNAP. Thus, the bill clarifies that DNAP’s authority is restricted to watercourses that are
designated as wild, scenic, and recreational rivers. Under current law, the Division of Parks and
1 ODNR Scenic River Program.
2 R.C. 1517.02 and 1517.14 and multiple conforming cross-reference changes.
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Watercraft is granted authority over designated rivers and the areas surrounding those rivers
that are designated as wild, scenic, and recreational river areas.3
According to a DNAP representative, there is confusion regarding ODNR’s authority to
regulate private land along wild, scenic, and recreational rivers. The representative stated that
many people believe that ODNR has authority to expand the area beyond a river designated as
a wild, scenic, or recreational river to include private land along a designated river. Part of the
confusion is because current law allows for the designation of a “wild, scenic, or recreational
river area” and part on current law pertaining to adjacent lands. The representative stated that
the changes made by the bill are an effort to clarify that DNAP’s authority relates only to wild,
scenic, and recreational rivers and to ODNR-owned land along a designated river.4
To reinforce those statements, the bill clarifies that the designation of a watercourse as
a wild, scenic, or recreational river does not affect private property rights or authorize the
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. Current law states that an area
designation does 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.5
As part of a proposal to designate an area as a wild, scenic, or recreational river area by
the Director, current law allows the Director to include adjacent land to a watercourse in the
designated area. The adjacent land must be in sufficient width to preserve, protect, and
develop the natural character of the watercourse, but must not include any lands more than
1,000 feet from the normal waterlines of the watercourse unless an additional width is
necessary to preserve water conservation, scenic, fish, wildlife, historic, or outdoor recreation
values. The bill removes the Director’s authority to include adjacent lands to a watercourse as
part of a wild, scenic, or recreational river designation.6
Further clarifying DNAP’s authority regarding land along a designated river, the bill
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.7
3 Multiple references throughout the bill that change “wild, scenic, and recreational river areas” to
“wild, scenic, and recreational rivers” and “watercourses.”
4 Phone conversation with DNAP on September 20, 2023.
5 R.C. 1517.14(D)(1).
6 R.C. 1517.14(B).
7 R.C. 1517.01(E).
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Watercourses
Notwithstanding the general narrowing of authority, the bill expands the types of
watercourses that are subject to designation as a wild, scenic, or recreational river. Current law
defines a watercourse 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 width and
at least five miles of length. The bill eliminates the average width criteria. According to a DNAP
representative, this elimination allows the headwaters of a watercourse (which are less than
ten feet in width) to be included in the designation of a wild, scenic, or recreational river. 8
Wild, scenic, and recreational rivers
The bill alters what constitutes a wild, scenic, or recreational river, as indicated by the
following table. The altered definitions reflect the general narrowing of authority included in
the bill.
Wild, Scenic, and Recreational Rivers9
River type Current law The bill
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 scenic
area by the Director and includes river rather than 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
8 R.C. 1517.01(F) and 1546.01. Phone conversation with DNAP on September 20, 2023.
9 R.C. 1517.01 and 1546.01.
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Wild, Scenic, and Recreational Rivers9
River type Current law The bill
another section of a
watercourse that has been
designated a wild river.
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 bill 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. Conduct 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 existing Natural Areas and
Preserves Fund for the acquisition of new or expanded scenic river lands, facility
development in scenic river lands, special projects that include production of
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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 such rivers and lands;
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 existing Scenic Rivers Protection Fund for the 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.10
Public property along rivers
Current 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 area 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 bill 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. The bill allows
those public entities, with the approval of the Director, 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.11
The b