Ohio Administrative Code (Last Updated: January 12, 2021) |
1501:31 Division of Wildlife |
Chapter1501:31-9. Use of Areas Under the Control of the Division of Wildlife |
1501:31-9-01. Special regulations applying to all properties owned, leased, or under control of the division of wildlife
-
This rule shall not apply to authorized division employees or other persons designated by the chief of the division of wildlife or to private landowners conducting activities on their properties where hunting, trapping, or fishing is permitted because of an agreement with the division of wildlife.
(A) It shall be unlawful for any person to conceal or bury any property or to injure, remove, deface, damage, or destroy any tree, plant, lawn, embankment, decoration, poster, sign, fence, or artifacts valued at less than one thousand dollars on any area under agreement with and administered by or under control of the division of wildlife.
(B) It shall be unlawful for any person to disturb, remove, damage, destroy, molest or possess any equipment or property of the division of wildlife valued at less than five hundred dollars.
(C) It shall be unlawful for any person to commit any act by use or operation of any vehicle on any area under agreement with and under control and supervision of the division, which act if committed on a public highway or street in the state of Ohio would be prohibited and unlawful.
(D) It shall be unlawful for any person to operate or park a vehicle, or any vehicle propelled by human power, or permit such vehicles to be operated or parked on any area under agreement with, and administered by, or under control of the division of wildlife, except:
(1) On designated roads, driveways and parking areas provided for such purpose.
(2) For any person who has first obtained written permission from the chief of the division of wildlife for such purposes.
(3) For any mobility impaired person who has been issued a permit by the chief of the division of wildlife or their designee, for all-purpose vehicle use, to operate in or park on any designated area.
(a) Each person issued a permit for all-purpose vehicle use will carry such permit on their person while operating in or parked on a designated area, and exhibit such permit to anyone upon request.
(b) "Designated Areas" as used in this rule shall be those areas within one hundred yards of an access lane posted with a sign indicating access for mobility impaired persons possessing an all-purpose vehicle permit only.
(4) For any mobility impaired person in a wheelchair.
(E) It shall be unlawful for any person to ride a horse, mule, pony or any other animal, on any area owned, administered or controlled by the division including property managed by virtue of a lease or an agreement, except on public access roads and driveways. Persons receiving permission from the wildlife chief or his representative may ride horses while laying out a trial course and during a legal field trial. Horses shall not be ridden upon or along the banks of any pond, or on dams or dikes of water impoundments, or in any fields where agricultural crops have been planted.
(F) No person shall deposit rubbish, garbage, refuse, or debris from a personal residence in any refuse receptacle provided for users of state owned or controlled land.
(G) It shall be unlawful for any person to remove or plant any agricultural crop, ice, sand, gravel, stone, wood, fruits, plants, water, or other substances from any area under agreement with and administered by or under control of the division without first obtaining written permission from the chief of the division. This provision shall not apply to the picking of berries, nuts or mushrooms, picking up naturally shed deer antlers during the daylight hours or picking up litter for proper disposal during the daylight hours.
(H) It shall be unlawful for any person on any area under agreement with and under the supervision and control of the division to sell, or offer for sale or rent, any tangible property, without first obtaining written permission from the chief of the division.
(I) It shall be unlawful for any person to erect, post, or construct any placard, sign, notice, poster, billboard, building, fence, or other structure on any area under agreement with and administered or controlled by the division without the written permission of the chief of the division.
(J) The provisions of this rule shall not apply to persons regularly employed by the division while such persons are in the normal and lawful pursuit of their assigned duties or prevent concessionaires properly licensed by the department of natural resources from conducting the operations stipulated in their license agreements.
(K) It shall be unlawful for any person to swim or wade in any water area under agreement with, owned or controlled by the division of wildlife without written permission from the chief, except persons lawfully engaged in hunting, fishing or trapping.
(L) It shall be unlawful for any person to operate or use any powered or wind-driven conveyance upon the frozen surface of any area owned or controlled, maintained or under agreement with the division of wildlife.
(M) It shall be unlawful for any person to release or permit to be released livestock on any area under agreement with and owned or controlled by the division of wildlife without first receiving written permission from the chief of the division.
(N) It shall be unlawful for any person to build or use an open fire for any reason on any area under agreement with, owned, administered or controlled by the division of wildlife except in designated places.
(O) It shall be unlawful for any person to possess or use fireworks on any property owned, controlled, or under agreement with the division of wildlife.
(P) It shall be unlawful for any person to distribute, place, or scatter salt, grain, or other feed whatsoever capable of luring, enticing, or attracting wild birds or deer, on lands owned, controlled, or maintained by the wildlife division including those lands managed by the division by virtue of a lease or an agreement without first obtaining written permission from the wildlife chief.
(Q) It shall be unlawful to hunt or take wild birds or deer by the use of salt, grain, or any other feed whatsoever, capable of luring, enticing, or attracting wild birds or deer on lands owned, controlled, or maintained by the wildlife division including those lands managed by the division by virtue of a lease or an agreement without first obtaining written permission from the wildlife chief.
(R) It shall be unlawful for any person to be on a division of wildlife owned, leased or controlled wildlife area between eight p.m. and the following six a.m. from September first to the following May first; and between ten p.m. and the following six a.m. from May second to the following August thirty-first for any purpose without first obtaining written permission from the chief of the division of wildlife unless such person is hunting, fishing, or trapping. Provided further, it shall be unlawful for any person not actively engaged in hunting, fishing or trapping to be on a division owned, leased, or controlled wildlife area when posted with signs stating "Area Open For Hunting, Fishing, And Trapping only, all Other Activities Prohibited."
(S) It shall be unlawful for any person to conduct any dog sledding activities on division of wildlife owned wildlife areas except on public access roads.
(T) The chief may issue permits for hunting, trapping, and fishing activities on all division of wildlife owned, controlled, or agreement lands; provided further it shall be unlawful for any person who receives said permit to not comply with all conditions listed on the permit. It shall be unlawful for any person to apply for any division of wildlife permit by falsification of any information required for the issuance of said permit.
(U) It shall be unlawful for any person to hunt on Pipe creek wildlife area other than for waterfowl during legal seasons and only by special permit from the chief of the division of wildlife. Provided further, public access for lawful activity is permitted except during legal waterfowl seasons.
(V) It shall be unlawful to hunt on or within one hundred feet of the point at which the water level meets the outside dike of Pipe creek wildlife area.
(W) It shall be unlawful for any person to hunt or trap on Beaver creek wildlife area other than for waterfowl, deer, and furbearers during the legal season.
(X) It shall be unlawful for any person to apply more than one time for a specific controlled hunt administered by the division of wildlife unless otherwise permitted by the chief of the division of wildlife.
(Y) It shall be unlawful to sit, stand, or be in contact with oil wells, gas wells, transmission wells, pumps, tanks, pipes, and any other equipment which is on a wildlife area.
(Z) It shall be lawful for physically handicapped persons to operate a motor vehicle and park in certain areas of Deer creek, Resthaven, La Su An, Grand river, Brush creek, Waterloo, Cooper hollow, east Fork, Fallsville, Berlin, Big island, Woodbury, Killdeer and Spring Valley wildlife areas. Areas shall be marked with signs reading "Physically Handicapped Access Area - road closed to all motor vehicles except physically handicapped persons carrying a physician's statement listing the illness which prohibits the individual from walking." Provided further, it shall be unlawful to shoot from any motorized vehicle whether a person is handicapped or not, while hunting in a handicapped access area, unless the handicapped person holds a valid all-purpose vehicle permit issued by the division of wildlife.
(AA) It shall be unlawful for any person to engage in any paintball shooting activities or paintball games or any other combat simulation game or activities while on a public hunting area or wildlife area.
(BB) It shall be unlawful for any person to enter in to, or remain upon, any portion of any area owned, administered or controlled by the division of wildlife, including property managed by virtue of a lease or an agreement, that is posted with a sign or buoy prohibiting entry into that area.
(CC) It shall be unlawful to construct, erect, or use any tree stand, or insert or place any device into a tree, on any area owned, administered or controlled by the division of wildlife except, a portable tree stand may be erected or used during the period from the first day of September through the last day of February. A portable or other tree stand that is on any area owned, administered or controlled by the division of wildlife outside of the dates contained in this paragraph is considered abandoned and will be disposed of as the chief of the division of wildlife directs.
(DD) The speed limit on division of wildlife roadways is thirty miles per hour except when otherwise designated or posted by the division. It shall be unlawful to operate a vehicle at a speed in excess of thirty miles per hour or at a speed in excess of the posted speed limit. This rule is in addition to and supplements any applicable state or local traffic laws in force.
(EE) All definitions set forth in rule 1501:31-1-02 of the Administrative Code shall apply to this rule.
Effective:
7/1/2020
Five Year Review (FYR) Dates:
3/23/2020 and
07/01/2025
Promulgated
Under: 119.03
Statutory
Authority: 1531.06,
1531.08,
1531.10
Rule
Amplifies: 1531.06,
1531.08
Prior
Effective Dates: 05/01/1976, 06/01/1977, 06/01/1978, 06/01/1979, 06/01/1980,
05/31/1981, 12/31/1982, 05/31/1983, 06/01/1986, 09/15/1987, 06/01/1988,
08/11/1991, 07/31/1992, 06/07/1993, 05/16/1994, 01/25/1997, 06/01/1997,
06/01/1999, 07/22/2001, 11/30/2001, 11/13/2002, 05/28/2004, 01/01/2006,
11/24/2008, 07/01/2009, 11/27/2009, 07/01/2010, 07/01/2011, 07/01/2012,
01/01/2014, 07/01/2015, 07/07/2018, 01/01/2019,
07/01/2019