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(A) Interpretation of terms and words. For the purpose of these regulations certain rules or word usage apply to the text as follows:
(1) Words used in the present tense include the future tense and the singular includes the plural, unless the context clearly indicates the contrary.
(2) The term “shall” is always mandatory and not discretionary; the word “may” is permissive.
(3) Words or terms not interpreted or defined by this section shall be used with a meaning of common or standard utilization so as to give these regulations its most reasonable application.
(B) Words and terms defined. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BUILDER. Following the issuance of a building permit the person responsible for the construction of a structure.
CHANNEL. A natural bed that conveys water; a ditch excavated for the flow of water.
DETENTION STRUCTURE. A permanent structure for the temporary storage of runoff which is designed so as not to create a permanent pool of water.
DEVELOPER. Any individual, subdivider, firm, association, syndicate, partnership, corporation, trust, or any other legal entity commencing proceedings under these regulations to effect a subdivision of land hereunder for himself or herself or for another.
DEVELOPMENT AREA. Any contiguous area owned by one person or operated as one development unit and used or being developed for nonfarm commercial, industrial, residential, or other nonfarm purposes upon which earth-disturbing activities occur.
DITCH. An open channel either dug or natural for the purpose of drainage or irrigation with intermittent flow.
DRAINAGE IMPROVEMENT. As defined in R.C. § 6131.01(C), and/or conservation works of improvement, R.C. Chapters 940 and 1511.
DRAINAGE WAY. An area of concentrated water flow other than a river, stream, ditch, or grassed waterway.
DUMPING. Grading, pushing, piling, throwing, unloading, or placing.
EARTH-DISTURBING ACTIVITY. Any grading, excavating, filling, or other alteration of the earths surface where natural or human-made ground cover is destroyed and which may result in or contribute to erosion and sediment pollution.
EARTH MATERIAL. Soil, sediment, rock, sand, gravel, and organic material or residue associated with or attached to the soil.
EROSION. The process by which the land surface is worn away by the action of wind, water, ice, or gravity.
(a) ACCELERATED EROSION. A process which is much more rapid than natural or geologic erosion, and is primarily a result of the activities of man.
(b) CHANNEL EROSION. The erosion process whereby the volume and velocity of a concentrated flow wears away the bed and banks of a well defined channel.
(c) FLOODPLAIN EROSION. Abrading and wearing away of the nearly level land situated on either side of a channel due to overflow and flooding.
(d) GULLY EROSION. The erosion process whereby water accumulates in narrow channels during and immediately after rainfall or snow or ice melt and actively removes the soil from this narrow area to considerable depths, such that the channel would not be obliterated by normal smoothing or tillage operations.
(e) NATURAL EROSION or GEOLOGIC EROSION. The wearing away of the earth’s surface by water, wind or ice under natural environmental conditions that are undisturbed by humans.
(f) RILL EROSION. An erosion process in which numerous small channels only several inches deep are formed, which if not corrected can become gullies. Normal tillage operations can remove the rills.
(g) SHEET EROSION. The removal of a fairly uniform layer of soil from the land surface as a result of raindrop splash and runoff.
EROSION AND SEDIMENT CONTROL. A system of structural and vegetative measures that minimize soil erosion and off-site sedimentation.
EROSION AND SEDIMENT CONTROL PLAN. An erosion and sediment control strategy or plan, to minimize erosion and prevent off-site sedimentation by containing sediment off-site or by passing sediment laden runoff through a sediment control measure, prepared and approved in accordance with the specific requirements of these regulations, and designed in accordance with the handbook Rainwater and Land Development 2014 Edition. The erosion and sediment control plan may be referenced to as a sediment control plan.
FARM. Land or water devoted to agriculture.
GRASSED WATERWAY. A broad or shallow natural course or constructed channel covered with erosion-resistant grasses or similar vegetative cover and used to conduct surface water.
IMPERVIOUS. Not allowing infiltration.
LANDSLIDE. Rapid movement downslope of a mass of soil.
OWNER. Any person seized of a freehold estate in land except that person holding easements are not included within such meaning.
PERSON. Any individual, corporation, partnership, joint venture, agency, unincorporated association, municipal corporation, county or state agency, the federal government, or any combination thereof.
PUBLIC WATERS. Water within rivers, streams, ditches, and lakes except private ponds.
RETENTION STRUCTURE. A permanent structure that provides for the storage of runoff by means of a permanent pool of water.
RUNOFF. The portion of rainfall, melted snow or irrigation water that flows across the ground surface and is eventually returned to streams.
SEDIMENT. Soils or other surficial materials transported or deposited by the action of wind, water, ice, or gravity as a product of erosion.
SEDIMENT BASIN. A dam or other suitable detention facility built across an area of water flow to settle and retain sediment carried by the runoff waters.
SEDIMENT POLLUTION. Failure to use management or conservation practices to abate wind or water erosion of the soil or to abate the degradation of the waters of the state by soil sediment in conjunction with land grading, excavating, filling, or other soil-disturbing activities on land used or being developed for nonfarm commercial, industrial, residential, or other nonfarm purposes.
SEDIMENTATION. The process or action of depositing sediment.
SLOUGHING. A slip or downward movement of an extended layer of soil resulting from the undermining action of water or the earth disturbing activity of man.
SOIL AND WATER CONSERVATION DISTRICT. As organized under R.C. Chapter 940; referring either to the Soil and Water Conservation District Board, or its designated employee(s) hereinafter referred to as the Highland County Soil and Water Conservation District.
SOIL CONSERVATION. Using the soil within the limits of its physical characteristics and protecting it from unalterable limitations of climate and topography.
SOIL LOSS. Soil moved from a given site by the forces of erosion.
SOIL STABILIZATION. Measures which protect soil from the erosive forces of raindrop impact and flowing water.
STOCKPILE. Any deposition of soil to be used for a future purpose.
STORM FREQUENCY. The average period of time within which a storm of a given duration and intensity can be expected to be equaled or exceeded.
STORMWATER MANAGEMENT. Runoff water safely conveyed or temporarily stored and released at an allowable rate to minimize erosion and flooding.
STORMWATER RUNOFF. The portion of the rainfall that exceeds the infiltration capacity of the soil.
STREAM. A body of water running or flowing on the earth’s surface. Flow may be seasonally intermittent.
SUBSOIL. That part of the soil below the surface soil or plow layer.
TOPSOIL. The upper layer of soil which is usually darker and richer in organic matter and nutrients than the subsoil.
WATERSHED. The total drainage area contributing runoff to a single point.
WATERCOURSE. A definite channel with bed and banks within which concentrated waterflows, either continuously or intermittently.
(1982 Code, § 159.05) (Res. 96-20, passed 2-3-1997)