As Introduced
136th General Assembly
Regular Session H. B. No. 83
2025-2026
Representatives Ferguson, McClain
A B I L L
To amend sections 5501.31, 5521.01, and 5521.011;
to amend, for the purpose of adopting a new
section number as indicated in parentheses,
section 5521.011 (5521.012); and to enact new
section 5521.011 of the Revised Code to clarify
and amend the laws related to the Director of
Transportation's responsibilities for state
highways located in villages and cities.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 5501.31, 5521.01, and 5521.011 be
amended; section 5521.011 (5521.012) be amended for the purpose
of adopting a new section number as indicated in parentheses;
and new section 5521.011 of the Revised Code be enacted to read
as follows:
Sec. 5501.31. (A) The director of transportation shall
have general supervision of all roads comprising the state
highway system. The director may alterdo any of the following:
(1) Alter, widen, straighten, realign, relocate,
establish, construct, reconstruct, improve, maintain, repair,
and preserve any road or highway on the state highway system ,
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and, in;
(2) In connection therewithwith the state highway system ,
relocate, alter, widen, deepen, clean out, or straighten the
channel of any watercourse as the director considers necessary ,
and purchase;
(3) Purchase or appropriate property for the disposal of
surplus materials or borrow pits , and, where;
(4) Where an established road has been relocated,
establish, construct, and maintain such connecting roads between
the old and new location as will provide reasonable access
thereto.
(B)(1) The director may purchase or appropriate property
necessary for any of the following:
(a) The location or construction of any culvert, bridge,
or viaduct, or the approaches thereto , including any property
needed to;
(b) To extend, widen, or alter any feeder or outlet road,
street, or way adjacent to or under the bridge or viaduct when
the extension, widening, or alteration of the feeder road,
street, or way is necessary for the full utilization of the
bridge or viaduct, or for any;
(c) The location or construction of any other highway
improvement. The
(2) Incident to any highway improvement that the director
is or may be authorized to locate or construct, the director may
purchase or appropriate , for such length of time as is necessary
and desirable, any additional property required for the
construction and maintenance of slopes, detour roads, sewers,
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roadside parks, rest areas, recreational park areas, park and
ride facilities, and park and carpool or vanpool facilities,
scenic view areas, drainage systems, or land to replace
wetlands, incident to any highway improvement, that the director
is or may be authorized to locate or construct . Also incident
(3) Incident to any authorized highway improvement, the
director may purchase property from a willing seller as required
for the either of the following:
(a) The construction and maintenance of bikeways and
bicycle paths or to;
(b) To replace, preserve, or conserve any environmental
resource if the replacement, preservation, or conservation is
required by state or federal law.
(C) Title to property purchased or appropriated by the
director shall be taken in the name of the state either in fee
simple or in any lesser estate or interest that the director
considers necessary or proper , in . The title shall be in
accordance with forms to be prescribed by the attorney general.
The deed shall contain a description of the property and be
recorded in the county where the property is situated and, when
. When recorded, the deed shall be kept on file in the
department of transportation. The property may be described by
metes and bounds or by the department of transportation parcel
number as shown on a right of way plan recorded in the county
where the property is located.
Provided that when property, other than property used by a
railroad for operating purposes, is acquired in connection with
improvements involving projects affecting railroads wherein the
department is obligated to acquire property under grade
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separation statutes, or on other improvements wherein the
department is obligated to acquire lands under agreements with
railroads, or with a public utility, political subdivision,
public corporation, or private corporation owning transportation
facilities for the readjustment, relocation, or improvement of
their facilities,(D)(1) The director may acquire a fee simple
title or an easement may be acquired in property by purchase or
appropriation in the name of the a railroad, public utility,
political subdivision, public corporation, or private
corporation in the discretion of the director for any of the
following purposes:
(a) Improvements for projects affecting railroads when the
department is obligated to acquire the property under grade
separation statutes;
(b) Improvements when the department is obligated to
acquire the property under agreements with railroads;
(c) The readjustment, relocation or improvement of
transportation facilities owned by the railroad, public utility,
political subdivision, public corporation, or private
corporation. When
(2) When the title to lands, which are required to adjust,
relocate, or improve such facilities pursuant to agreements with
the director,property is taken in the name of the state under
division (D)(1) of this section , then, in the discretion of the
director, the title to such lands property may be conveyed to
the railroad, public utility, political subdivision, or public
corporation for which they were it was acquired. The conveyance
shall be prepared by the attorney general and executed by the
governor and bear the great seal of the state of Ohio.
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(3) Division (D) of this section does not apply to
property used by a railroad for operating purposes.
(E) The director, in the maintenance or repair of state
highways, is not limited to the use of the materials with which
the highways, including the bridges and culverts thereon, were
originally constructed, but may use any material that is proper
or suitable. The director may aid any board of county
commissioners in establishing, creating, and repairing suitable
systems of drainage for all highways within the jurisdiction or
control of the board and . The director may advise with it the
board and the county engineer as to the establishment,
construction, improvement, maintenance, and repair of the
highways.
(F) Chapters 4561., 5501., 5503., 5511., 5513., 5515.,
5516., 5517., 5519., 5521., 5523., 5525., 5527., 5528., 5529.,
5531., 5533., and 5535. of the Revised Code do not prohibit the
federal government, any government agency, or any individual or
corporation, from contributing a portion of the cost of the
establishment, construction, reconstruction, relocating,
widening, resurfacing, maintenance, and repair of the highways
or transportation facilities.
Except in the case of maintaining, repairing, erecting
traffic signs on, or pavement marking of state highways within
villages, which is mandatory as required by section 5521.01 of
the Revised Code, and except as provided in section 5501.49 of
the Revised Code, no duty of constructing, reconstructing,
widening, resurfacing, maintaining, or repairing state highways
within municipal corporations, or the culverts thereon, shall
attach to or rest upon the director, but the director may
construct, reconstruct, widen, resurface, maintain, and repair
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the same with or without the cooperation of any municipal
corporation, or with or without the cooperation of boards of
county commissioners upon each municipal corporation consenting
thereto.
Sec. 5521.01. (A) Except as provided in division (B) of
this section and section 5501.49 of the Revised Code, the
director has no duty to construct, reconstruct, widen,
resurface, maintain, or repair a state highway or a culvert
thereon within a municipal corporation.
(B) The director of transportation, upon the request by
and the approval of in consultation with the legislative
authority of a village, shall maintain, repair, and apply do
both of the following:
(1) Maintain and repair any section of a state highway
within the limits of the village;
(2) Apply standard longitudinal pavement marking lines as
the director considers appropriate, or on any section of a state
highway within the limits of the village.
(C) The director, upon the request by and the approval of
the legislative authority of a village, may establish,do both of
the following:
(1) Establish, construct, reconstruct, improve, or widen
any section of a state highway within the limits of a the
village. The director also may erect , including the elimination
of railway grade crossings;
(2) Erect regulatory and warning signs, as defined in the
manual adopted under section 4511.09 of the Revised Code, on any
section of a state highway within the limits of a the village.
The
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(D) The director, upon the request by and approval of the
legislative authority of a city, may establishdo either of the
following:
(1) Establish, construct, reconstruct, improve, widen,
maintain, or repair any section of state highway within the
limits of a the city, including the elimination of railway grade
crossings, and;
(2) Erect regulatory and warning signs, as defined in the
manual adopted under section 4511.09 of the Revised Code, on any
section of a state highway within the limits of the city.
(E) The director may pay the entire or any part of the
cost and expense thereof incurred from any activity described in
divisions (B) to (D) of this section from state funds, but in
all cases the director first shall obtain the consent of the
legislative authority of the municipal corporation, except that
.
(F) Notwithstanding any other provision of this section to
the contrary, the director need not obtain the consent of the a
municipal corporation if the either of the following apply:
(1) The existing highway being changed or the location of
an additional highway being established was not within the
corporate limits of the municipal corporation at the time the
director determines the establishment or change should be made ,
or if the;
(2) The director is acting pursuant to section 5501.49 of
the Revised Code or any other provision that expressly gives the
director such authority .
Except as provided in section 5501.49 of the Revised Code,
when in the opinion of the director there is urgent need to
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establish a state highway, which is to be designated a federal
aid highway, or a federal aid interstate highway within a
municipal corporation or, in the opinion of the director, any
federal aid highway or interstate federal aid highway is in
urgent need of repair, reconstruction, widening, improvement, or
relocation, so as to accommodate the traveling public, the
director shall submit a written request to the legislative
authority of the municipal corporation for its consent to the
desired establishment or improvement. The legislative authority,
within sixty days after the written request has been received
from the director, either shall grant its consent to the
establishment or improvement or refuse consent by filing in
writing with the director a statement of its reasons for
refusing consent and any alternate proposals it considers
reasonable. If the legislative authority fails to act or refuses
consent, the director, upon consideration of the reasons for
rejection, may make a resolution declaring the necessity of the
establishment or improvement, and then proceed in the same
manner as if consent had been given. A certified copy of the
resolution shall be served upon the municipal legislative
authority, which, within twenty days from the date of service,
may appeal to the court of common pleas of the county in which
the municipal corporation is situated, upon the reasonableness
and necessity of the action provided for in the resolution. In
the hearing upon appeal, the director shall introduce the record
of the director's proceedings, including the director's findings
with respect to factors referred to in section 5521.011 of the
Revised Code, and such other competent evidence as the director
desires in support of the director's resolution, and the
municipality likewise may introduce competent evidence opposing
the resolution, and findings. The court may affirm or revoke the
resolution. The decision of the common pleas court may be
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appealed to the court of appeals and the supreme court as in
other cases. If the court affirms the resolution, the director
may proceed with the establishment or improvement with or
without the cooperation of the municipal corporation. Any such
municipal corporation may cooperate with the director in the
work and pay such portion of the cost as is agreed upon between
the municipal corporation and the director. The legislative
authority of any municipal corporation desiring to cooperate, by
resolution, may propose such cooperation to the director, and a
copy of the resolution, which shall set forth the proportion of
the cost and expense to be contributed by the municipal
corporation, shall be filed with the director. The director
shall cause to be prepared the necessary surveys, plans,
profiles, cross sections, estimates, and specifications and
shall file copies of them with the legislative authority of the
municipal corporation. After the legislative authority has
approved the surveys, plans, profiles, cross sections,
estimates, and specifications, and after the municipal
corporation has provided the funds necessary to meet the portion
of the cost of the work assumed by it, the municipal corporation
shall enter into a contract with the state providing for payment
by the municipal corporation of the agreed portion of the cost.
The form of the contract shall be prescribed by the attorney
general, and such contracts shall be submitted to the director
and approved before the receipt of bids. Section 5705.41 of the
Revised Code applies to such contract to be made by the
municipal corporation, and a duplicate of the certificate of the
chief fiscal officer of the municipal corporation shall be filed
in the office of the director. That part of the cost of the work
assumed by the municipal corporation shall be paid from the
proceeds of taxes or special assessments, or both, or from the
proceeds of notes or bonds issued and sold in anticipation of
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the collection of the taxes and assessments. For the purpose of
providing funds for the payment of that part of the cost of the
work assumed by the municipal corporation, the municipal
corporation has the same authority to make special assessments,
levy taxes, and issue bonds or notes, in anticipation of the
collection of the same, as it has with respect to improvements
constructed under the sole supervision and control of the
municipal corporation. All such assessments shall be made, taxes
levied, and bonds or notes issued and sold under such conditions
and restrictions as may be provided with respect to assessments,
taxes, bonds, or notes made, levied, issued, or sold in
connection with improvements of the same class and character
constructed under the sole supervision and control of the
municipal corporation. The improvement shall be constructed
under the sole supervision of the director. The proportion of
the cost and expense payable by the municipal corporation shall
be paid by the proper officers thereof, upon the requisition of
the director, and at times during the progress of the work as
may be determined by the director or as may be otherwise
provided by law.
Sec. 5521.011. (A)(1) Except as otherwise provided by law,
when there is an urgent need to accommodate the traveling
public, the director of transportation shall submit a written
request to the legislative authority of a municipal corporation
for its consent to either of the following:
(a) The establishment of a state highway within a
municipal corporation that will be designated a federal aid
highway or federal aid interstate highway;
(b) The repair, reconstruction, widening, improvement, or
relocation of a federal aid highway or interstate federal aid
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highway.
(2) The legislative authority, within sixty days after
receiving the written request from the director, shall do one of
the following:
(a) Grant its consent to the request;
(b) Refuse its consent by filing, in writing with the
director, a statement of its reasons for refusing consent and
any alternate proposals it considers reasonable.
(B)(1) If the legislative authority refuses consent under
division (A)(2) of this section, or fails to act, the director,
upon consideration of any reasons for the refusal to consent,
may adopt a resolution declaring the necessity of the actions
specified in the request for consent. The director may then
proceed in the same manner as if consent had been given. A
certified copy of the resolution shall be served upon the
legislative authority.
(2) Within twenty days from the date of service, the
legislative authority may appeal to the court of common pleas of
the county in which the municipal corporation is located. The
legislative authority, in the appeal, shall address the
reasonableness and necessity of the action provided for in the
director's resolution.
(3) In the hearing upon appeal, the director shall
introduce all of the following:
(a) The record of the director's proceedings;
(b) The director's findings with respect to factors
referred to in section 5521.012 of the Revised Code;
(c) Any other competent evidence in support of the
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director's resolution.
(4) The legislative authority likewise may introduce
competent evidence opposing the resolution and the director's
findings.
(5) The court may affirm or revoke the resolution. The
decision of the common pleas court may be appealed to the court
of appeals and the supreme court as in other cases. If the court
affirms the resolution, the director may proceed with the
actions specified in the resolution with or without the
cooperation of the municipal corporation.
(C) A municipal corporation may cooperate with the
director in the work authorized by this section and pay such
portion of the cost as is agreed upon between the municipal
corporation and the director. The legislative authority of the
municipal corporation, by resolution, shall set forth the
proportion of the cost and expense to be contributed by the
municipal corporation, and shall file a copy of the resolution
with the director.
(D)(1) The director shall have the necessary surveys,
plans, profiles, cross sections, estimates, and specifications
prepared and shall file copies of them with the legislative
authority of the municipal corporation.
(2) The municipal corporation and the state shall enter
into a contract after both of the following occur:
(a) The legislative authority approves the surveys, plans,
profiles, cross sections, estimates, and specifications.
(b) The municipal corporation provides the funds necessary
to meet its portion of the cost of the work assumed by it.
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(3) The attorney general shall prescribe the form of the
contract and the contract shall be submitted to the director and
approved before the receipt of bids.
(4) Section 5705.41 of the Revised Code applies to all
such contracts. A duplicate of the certificate of the chief
fiscal officer of the municipal corporation shall be filed in
the director's office.
(E)(1) The municipal corporation shall pay its portion of
the costs from either of the following:
(a) The proceeds of taxes or special assessments, or both;
(b) The proceeds of notes or bonds issued and sold in
anticipation of the collection of the taxes and assessments.
(2) For the purpose of providing funds for its share of
the cost, the municipal corporation may make special
assessments, levy taxes, and issue bonds or notes, in
anticipation of the collection of the same, as it would for
improvements constructed under the sole supervision and control
of the municipal corporation. All such assessments shall be
made, taxes levied, and bonds or notes issued and sold under
such conditions and restrictions as though the improvements were
of the same class and character and constructed under the sole
supervision and control of the municipal corporation.
(F) The improvement shall be constructed under the sole
supervision of the director. The proper officers of the
municipal corporation shall pay the proportion of the municipal
corporation's cost and expense upon the requisition of the
director and at times during the progress of the work as the
director determines or as otherwise provided by law.
(G) Section 5521.01 of the Revised Code governs the
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responsibility for the ongoing maintenance or repair of any
improvement constructed under this section.
Sec. 5521.011 5521.012. (A) In determining new highway
locations the director shall consider the following factors,
wherever applicable, and include such considerations in the
record of his the director's proceedings: national
(1) National defense; economic
(2) Economic activity; employment
(3) Employment; open
(4) Open spaces; existing
(5) Existing park lands; recreation
(6) Recreation; fire
(7) Fire protection; esthetics
(8) Esthetics; public
(9) Public utilities; safety
(10) Safety; residential
(11) Residential character and location; religious
(12) Religious institutions and practices; rights
(13) Rights and freedoms of individuals; conduct
(14) Conduct and financing of government; conservation
(15) Conservation; property
(16) Property values; replacement
(17) Replacement housing; education
(18) Education and disruption of school district
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operations; specific
(19) Specific numbers of families and businesses
displaced; engineering
(20) Engineering, right-of-way, and construction costs for
proposed highway facilities and related transportation
facilities; maintenance
(21) Maintenance of highway facilities and other
transportation facilities; use
(22) Use of highways and other transportation facilities,
and user costs; and operation
(23) Operation of highway facilities and other
transportation facilities during construction and following
completion.
(B) Documentation should cover the consideration given to
each determinant, including a statement as to which were not
considered significant as between alternatives.
Section 2. That existing sections 5501.31, 5521.01, and
5521.011 of the Revised Code are hereby repealed.
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