|
ODNR will be a good neighbor and manage state lands in such a manner that drainage from adjacent lands will not be disrupted or impaired.
It will be the responsibility of the division to consult with an adjacent property owner before initiating any land-disturbing activity, which may effect drainage to assure that drainage from their property is not adversely affected by the activity. Any unforeseen, adverse impacts to drainage from private lands as a result of said activity will be corrected in a timely manner.
If an adjacent landowner requests to maintain existing drainage systems which service his/her lands that are on state lands, and the division approves said request, the division shall enter into a license agreement with the landowner to provide them access to state lands for such maintenance. If, after review by the Division, the private landowner’s request is recommended for a denial, the Division shall forward said request and the Division’s recommendation(s) for a denial to the Director through the appropriate Deputy Director for final review and final determination by the Director.
The license agreement for approved requests shall contain terms and conditions upon which such maintenance can be performed. Language may be included in this document so that the agreement can be transferred to future owners and not be revoked unless terms and conditions of the agreement are violated.
The agreement will be developed and executed upon the initiation of a real estate work request by the landholding division.
|