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Overview Of Ohio Revised Code Chapter 5552 Road Access Management This legislation enables counties and townships to enact programs, policies, and procedures governing access between county and township roads and the properties abutting them. This can include the number, spacing, location, and design of access points (i.e., driveways), as well as a number of other access features. Over the past several decades, unmanaged proliferation of driveways along major streets and roadways has been one of the primary causes of the traffic congestion which is plaguing our urban and suburban areas. Unmanaged access to streets and highways is responsible for 50% of all accidents, 50% losses in roadway capacity, and 40% more fuel consumption due to congestion and delay (for more information, go to www.oki.org -Transportation – Access Management to find The Case for Access Management). Access management is not a substitute for growth management. It is not intended to govern the type or intensity of development that occurs; it is only intended to manage the way in which that development accesses the local street system. The concept of, and need for, this access management legislation was endorsed by the County Planning Directors Association of Ohio, the Ohio Township Association, the Committee of Large Ohio Urban Townships, the Ohio Association of Regional Councils, and the Ohio Prosecuting Attorneys Association, as well as the Regional Planning Commissions from Stark and Fairfield Counties. The County Commissioners Association of Ohio and the County Engineers Association of Ohio did not pass official endorsements, but both were centrally involved in the development of this legislation, and are supportive of it. Previously, the Ohio Revised Code had not specifically addressed the issue of access management by counties and townships, so some officials who would have liked to adopt and implement access management programs did not believe that they had the authority to do so. Other language in the ORC already granted this authority to municipalities. This legislation only enables counties and townships to enact access management programs; nothing in the law requires them to do so. This is procedural legislation; it doesn’t dictate the development of access management programs, but if a county or township chooses to do so, this legislation spells out the steps that need to be taken in the process. The specifics of any individual program will be decided at the local level, within the county or township. Regulations can be adopted only after an extensive public involvement and review process, including establishment of an advisory committee (with specified representation from both the public and private sectors), solicitation of public comments, and two public hearings. Specifics of the legislation: Existing ORC Section 711.131 (approval of minor lot splits) was revised slightly to incorporate reference to access management regulations into the existing references regarding compliance with applicable zoning, platting, or subdivision regulations.
Section 5552.01: Definitions of “Metropolitan Planning Organization” and “urban township”. Section 5552.02: Boards of county commissioners and boards of township trustees may adopt regulations for the management of access onto county and township roads, and may require permits for construction of access points. Any regulations adopted which require permits shall also include standards to be used for the approval or denial of a permit. Non-urban townships must give counties a first opportunity to adopt regulations, after which the non-urban townships can adopt regulations. If a county adopts regulations after a non-urban township has adopted regulations, the township regulations will become void no later than one year after the county regulations take effect. If an urban township adopts regulations governing township roads, they will take precedence over any county regulations governing township roads that have been or might subsequently be adopted. Any regulations adopted must be consistent with county and township zoning regulations. Section 5552.03: Any regulations adopted do not apply to subdivisions subject to plat approval under ORC Sections 711.05 or 711.10, but would apply to subdivisions subject to approval without plat under ORC Section 711.131, and to any parcel of property not subject to regulations adopted under Chapter 711 of the ORC. Section 5552.04: The process of adopting county-level access management regulations may be initiated by the county commissioners, the county engineer, or a majority of the boards of township trustees within the county. The county engineer would draft recommended regulations, and submit them to an advisory committee, appointed by the county commissioners, and consisting at a minimum of the county engineer, a surveyor, a homebuilder, a realtor, a professional traffic engineer, a county or regional planning commissioner, a county commissioner, three township trustees, and a representative of the metropolitan planning organization (where applicable). The committee must first meet within thirty days after completion of the engineer’s proposed regulations, and within an additional 270 days must present the proposed regulations and the committee’s recommendations to the county commissioners, who then must hold hearings per Section 5552.06. Section 5552.05: If permitted under Section 5552.02, a board of township trustees may adopt regulations governing access to township roads, under the same provisions as enumerated in Section 5552.04, except that the advisory committee need not include representation from the county commissioners or the board of township trustees, and must include at least three residents of the township. Section 5552.06: Upon receipt of the proposed regulations and recommendations, the county commissioners or township trustees must provide copies, with requests for written comments, to (at a minimum) each board of township trustees (not required for township regulations), the Ohio Department of Transportation, the metropolitan planning organization (where applicable), and local associations representing homebuilders, realtors, professional surveyors, attorneys, and professional engineers. At least two public hearings must be held, and they must be preceded by a notice published once a week for two weeks in a newspaper of general circulation. After the public hearings, the county commissioners may adopt all, some, or none of the proposed regulations. Section 5552.07: Any county or township adopting regulations must appoint a board to hear appeals alleging errors made by the officials administering the regulations, and this board may grant variances, owing to special conditions, which are not contrary to the public interest. Section 5552.08: Any permits must prescribe the limitations on, as well as permitted uses of, the permit. Permits may not be modified, and a fee, not to exceed the actual cost of administering the permit, may be charged. Section 5552.09: Any access management regulations adopted will become effective thirty-one days after adoption. Notice of adoption, and of availability of the regulations, must be posted in a newspaper of general circulation within ten days of adoption, and a copy must be provided to the ODOT district deputy director. Section 5552.10: The county commissioners shall designate the county engineer to administer county access management regulations, but if the county engineer declines, the commissioners may appoint another person, or a planning commission, to administer them. Township trustees shall consult with the county engineer before deciding who will administer township regulations. If the adopted regulations apply to subdivisions without a plat per ORC Section 711.131, then approval/disapproval of permit requests must occur within the time frame specified in that section. Section 5552.11: Any adopted regulations cannot affect access points in existence, or under construction, as of the effective date of the regulations. Regulations can, however, be applied to the reconstruction or relocation of access points, or when land use changes in a way that significantly increases the type or volume of traffic on a street or highway. These regulations do not apply to the state highway system, nor to municipal streets. Section 5552.99: Violation of an access management regulation is punishable with a fine of up to $500 per offense, and each day of violation is a separate offense. To view the text of ORC 5552, access the complete Ohio Revised Code at For more information, please contact: John Heilman, P.E.
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