Tag Archives: Ohio department of agriculture

Ohio Department of Agriculture: New Director Changes Course of Watersheds in Distress Rulemaking

Written by: Evin Bachelor, Law Fellow

Less than a week into the administration of Ohio Governor Mike DeWine, a new approach to watersheds in distress has emerged.  Director Dorothy Pelanda assumed the helm of the Ohio Department of Agriculture (“ODA”) earlier this week.  (Read more about the new director below).  By Tuesday, ODA had changed the status of the proposed watersheds in distress rules in the Register of Ohio to “To Be Refiled.”

Watersheds in Distress Proposed Rules “To Be Refiled”

The change in status of the proposed rules signals that ODA plans to change its earlier proposal.  The Register of Ohio, which is where state agencies post rules and proposed rules, defines a proposed rule with a “To Be Refiled” status as one “that has been temporarily removed from JCARR consideration by the rule-filing agency.”  Until a sponsoring agency acts, the proposed rule remains in the “To Be Refiled” status and off of the agenda of the Joint Committee on Agency Rule Review (“JCARR”).  As we mentioned in a previous blog post, JCARR was set to consider the controversial proposal at its January 22, 2019 meeting.  However, the change in status of the proposed rules means that JCARR will not consider them until ODA takes further action.  ODA may revise the proposal, refile as-is, take no action, or withdraw the proposal.

Readers may recall from a previous blog post that the Kasich administration sought to expand the number of watersheds designated as “in distress,” which would impose additional regulations and restrictions on farmers who apply manure and nutrients to the land.  Further, the proposal would have required impacted farmers to submit a nutrient management plan to ODA, and ODA would have to audit at least 5 percent of those plans.  ODA’s Soil and Water Conversation Division held a hearing on November 21st, and a number of stakeholders attended to provide comments.  A summary report of the hearing is available here.  Currently, the Grand Lake St. Marys Watershed is the only watershed in Ohio subject to the additional requirements.

Dorothy Pelanda Assumes Directorship of Ohio Department of Agriculture

Director Pelanda steps into Governor Mike DeWine’s cabinet as the 39th Director of the Ohio Department of Agriculture.  She served in the Ohio House of Representatives from 2011 until the end of the previous General Assembly, and held leadership positions within the Republican caucus.  Prior to her appointment to the Ohio House, Director Pelanda practiced law in Union County.  She is a graduate of the University of Akron School of Law, Miami University, and Marysville High School.  Director Pelanda is the first woman to serve as the Director of the Ohio Department of Agriculture.  For more information about Director Pelanda, visit ODA’s website here.

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ODA proposes changes to Ohio’s noxious weeds list

Wild carrot, Oxeye daisy, and wild mustard will no longer be prohibited noxious weeds in Ohio if the Ohio Department of Agriculture’s (ODA) revisions to the noxious weeds list become effective. ODA is proposing to remove the three plants after its five year review of plant species considered “noxious” for purposes of Ohio law. The agency is also proposing adding these 12 species to the noxious weeds list:

  • Yellow Groove Bamboo (Phyllostachys aureasculata), when the plant has spread from its original premise of planting and is not being maintained.
  • Field bindweed (Convolvulus arvensis)
  • Heart-podded hoary cress (Lepidium draba sub. draba). Hairy whitetop or ballcress (Lepidium appelianum)
  • Perennial sowthistle (Sonchus arvensis)
  • Russian knapweed (Acroptilon repens)
  • Leafy spurge (Euphorbia esula)
  • Hedge bindweed (Calystegia sepium)
  • Serrated tussock (Nassella trichotoma)
  • Columbus grass (Sorghum x almum)
  • Musk thistle (Carduus nutans)
  • Forage Kochia (Bassia prostrata)
  • Water Hemp (Amaranthus tuberculatus)

The director of ODA has the legal authority to designate noxious weeds. Several Ohio laws provide for control and removal of designated noxious weeds along public highways, toll roads, and railroads, and on private property.  The current noxious weeds list also contains the following plants, which will remain on the list:

  • Grapevines: (Vitis spp.), when growing in groups of one hundred or more and not pruned, sprayed, cultivated, or otherwise maintained for two consecutive years.
  • Canada thistle (Cirsium arvense L. (Scop.))
  • Poison hemlock (Conium maculatum)
  • Cressleaf groundsel (Senecio glabellus)
  • Musk thistle (Carduus nutans)
  • Purple loosestrife (Lythrum salicaria)
  • Mile-A-Minute Weed (Polygonum perfoliatum)
  • Giant Hogweed (Heracleum mantegazzianum).
  • Apple of Peru (Nicandra physalodes)
  • Marestail (Conyza canadensis)
  • Kochia (Bassia scoparia)
  • Palmer amaranth (Amaranthus palmeri)
  • Kudzu (Pueraria montana var. lobata)
  • Japanese knotweed (Polygonum cuspidatum)

ODA is requesting public comments on the revised list of noxious weeds through April 27, 2018.  E-mail comments to ecomments@agri.ohio.gov or mail them to Legal Section, Ohio Department of Agriculture, 8995 E. Main St., Reynoldsburg, Ohio 43068.  Learn more about noxious weed laws in our bulletin, here.

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