HB 83: Regards state highways located in villages and cities

As Introduced

6th General Assembly Regular Session 2025-2026

H. B. No. 83

Representatives Ferguson, McClain

A B I L L

To amend sections 5501.31, 5521.01, and 5521.011; 1
to amend, for the purpose of adopting a new 2
section number as indicated in parentheses, 3
section 5521.011 (5521.012); and to enact new 4
section 5521.011 of the Revised Code to clarify 5
and amend the laws related to the Director of 6
Transportation's responsibilities for state 7
highways located in villages and cities. 8

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 5501.31, 5521.01, and 5521.011 be 9
amended; section 5521.011 (5521.012) be amended for the purpose 10
of adopting a new section number as indicated in parentheses; 11
and new section 5521.011 of the Revised Code be enacted to read 12
as follows: 13
Sec. 5501.31. (A) The director of transportation shall 14
have general supervision of all roads comprising the state 15
highway system. The director may alterdo any of the following: 16
(1) Alter, widen, straighten, realign, relocate, 17
establish, construct, reconstruct, improve, maintain, repair, 18
and preserve any road or highway on the state highway system, 19

H. B. No. 83 As Introduced

and, in; 20

(2) In connection therewithwith the state highway system, 21
relocate, alter, widen, deepen, clean out, or straighten the 22
channel of any watercourse as the director considers necessary, 23
and purchase; 24
(3) Purchase or appropriate property for the disposal of 25
surplus materials or borrow pits, and, where; 26
(4) Where an established road has been relocated, 27
establish, construct, and maintain such connecting roads between 28
the old and new location as will provide reasonable access 29
thereto. 30
(B)(1) The director may purchase or appropriate property 31
necessary for any of the following: 32
(a) The location or construction of any culvert, bridge, 33
or viaduct, or the approaches thereto, including any property 34
needed to; 35
(b) To extend, widen, or alter any feeder or outlet road, 36
street, or way adjacent to or under the bridge or viaduct when 37
the extension, widening, or alteration of the feeder road, 38
street, or way is necessary for the full utilization of the 39
bridge or viaduct, or for any; 40
(c) The location or construction of any other highway 41
improvement. The 42
(2) Incident to any highway improvement that the director 43
is or may be authorized to locate or construct, the director may 44
purchase or appropriate, for such length of time as is necessary 45
and desirable, any additional property required for the 46
construction and maintenance of slopes, detour roads, sewers, 47

H. B. No. 83 As Introduced

roadside parks, rest areas, recreational park areas, park and 48
ride facilities, and park and carpool or vanpool facilities, 49
scenic view areas, drainage systems, or land to replace 50
wetlands, incident to any highway improvement, that the director 51
is or may be authorized to locate or construct. Also incident 52
(3) Incident to any authorized highway improvement, the 53
director may purchase property from a willing seller as required 54
for the either of the following: 55
(a) The construction and maintenance of bikeways and 56
bicycle paths or to; 57
(b) To replace, preserve, or conserve any environmental 58
resource if the replacement, preservation, or conservation is 59
required by state or federal law. 60
(C) Title to property purchased or appropriated by the 61
director shall be taken in the name of the state either in fee 62
simple or in any lesser estate or interest that the director 63
considers necessary or proper, in . The title shall be in 64
accordance with forms to be prescribed by the attorney general. 65
The deed shall contain a description of the property and be 66
recorded in the county where the property is situated and, when 67
. When recorded, the deed shall be kept on file in the 68
department of transportation. The property may be described by 69
metes and bounds or by the department of transportation parcel 70
number as shown on a right of way plan recorded in the county 71
where the property is located. 72
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Provided that when property, other than property used by a railroad for operating purposes, is acquired in connection with 74 improvements involving projects affecting railroads wherein the 75 department is obligated to acquire property under grade 76

H. B. No. 83 As Introduced

separation statutes, or on other improvements wherein the 77
department is obligated to acquire lands under agreements with 78
railroads, or with a public utility, political subdivision, 79
public corporation, or private corporation owning transportation 80
facilities for the readjustment, relocation, or improvement of 81
their facilities,(D)(1) The director may acquire a fee simple 82
title or an easement may be acquired in property by purchase or 83
appropriation in the name of the a railroad, public utility, 84
political subdivision, public corporation, or private 85
corporation in the discretion of the directorfor any of the 86
following purposes: 87
(a) Improvements for projects affecting railroads when the 88
department is obligated to acquire the property under grade 89
separation statutes; 90
(b) Improvements when the department is obligated to 91
acquire the property under agreements with railroads; 92
(c) The readjustment, relocation or improvement of 93
transportation facilities owned by the railroad, public utility, 94
political subdivision, public corporation, or private 95
corporation. When 96
(2) When the title to lands, which are required to adjust, 97
relocate, or improve such facilities pursuant to agreements with 98
the director,property is taken in the name of the state under 99
division (D)(1) of this section, then, in the discretion of the 100
director, the title to such lands property may be conveyed to 101
the railroad, public utility, political subdivision, or public 102
corporation for which they were it was acquired. The conveyance 103
shall be prepared by the attorney general and executed by the 104
governor and bear the great seal of the state of Ohio. 105

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(3) Division (D) of this section does not apply to 106
property used by a railroad for operating purposes. 107

(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 127
traffic signs on, or pavement marking of state highways within 128
villages, which is mandatory as required by section 5521.01 of 129
the Revised Code, and except as provided in section 5501.49 of 130
the Revised Code, no duty of constructing, reconstructing, 131
widening, resurfacing, maintaining, or repairing state highways 132
within municipal corporations, or the culverts thereon, shall 133
attach to or rest upon the director, but the director may 134
construct, reconstruct, widen, resurface, maintain, and repair 135

H. B. No. 83 As Introduced

the same with or without the cooperation of any municipal 136
corporation, or with or without the cooperation of boards of 137
county commissioners upon each municipal corporation consenting 138
thereto. 139
Sec. 5521.01. (A) Except as provided in division (B) of 140
this section and section 5501.49 of the Revised Code, the 141
director has no duty to construct, reconstruct, widen, 142
resurface, maintain, or repair a state highway or a culvert 143
thereon within a municipal corporation. 144
(B) The director of transportation, upon the request by 145
and the approval of in consultation with the legislative 146
authority of a village, shall maintain, repair, and apply do 147
both of the following: 148
(1) Maintain and repair any section of a state highway 149
within the limits of the village; 150
(2) Apply standard longitudinal pavement marking lines as 151
the director considers appropriate, or on any section of a state 152
highway within the limits of the village. 153
(C) The director, upon the request by and the approval of 154
the legislative authority of a village, may establish,do both of 155
the following: 156
(1) Establish, construct, reconstruct, improve, or widen 157
any section of a state highway within the limits of a the 158
village. The director also may erect, including the elimination 159
of railway grade crossings; 160
(2) Erect regulatory and warning signs, as defined in the 161
manual adopted under section 4511.09 of the Revised Code, on any 162
section of a state highway within the limits of a the village. 163
The

H. B. No. 83 As Introduced

(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 二

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(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

H. B. No. 83 As Introduced

establish a state highway, which is to be designated a federal 194
aid highway, or a federal aid interstate highway within a 195
municipal corporation or, in the opinion of the director, any 196
federal aid highway or interstate federal aid highway is in 197
urgent need of repair, reconstruction, widening, improvement, or 198
relocation, so as to accommodate the traveling public, the 199
director shall submit a written request to the legislative 200
authority of the municipal corporation for its consent to the 201
desired establishment or improvement. The legislative authority, 202
within sixty days after the written request has been received 203
from the director, either shall grant its consent to the 204
establishment or improvement or refuse consent by filing in 205
writing with the director a statement of its reasons for 206
refusing consent and any alternate proposals it considers 207
reasonable. If the legislative authority fails to act or refuses 208
consent, the director, upon consideration of the reasons for 209
rejection, may make a resolution declaring the necessity of the 210
establishment or improvement, and then proceed in the same 211
manner as if consent had been given. A certified copy of the 212
resolution shall be served upon the municipal legislative 213
authority, which, within twenty days from the date of service, 214
may appeal to the court of common pleas of the county in which 215
the municipal corporation is situated, upon the reasonableness 216
and necessity of the action provided for in the resolution. In 217
the hearing upon appeal, the director shall introduce the record 218
of the director's proceedings, including the director's findings 219
with respect to factors referred to in section 5521.011 of the 220
Revised Code, and such other competent evidence as the director 221
desires in support of the director's resolution, and the 222
municipality likewise may introduce competent evidence opposing 223
the resolution, and findings. The court may affirm or revoke the 224
resolution. The decision of the common pleas court may be 225

H. B. No. 83 As Introduced

appealed to the court of appeals and the supreme court as in 226
other cases. If the court affirms the resolution, the director 227
may proceed with the establishment or improvement with or 228
without the cooperation of the municipal corporation. Any such 229
municipal corporation may cooperate with the director in the 230
work and pay such portion of the cost as is agreed upon between 231
the municipal corporation and the director. The legislative 232
authority of any municipal corporation desiring to cooperate, by 233
resolution, may propose such cooperation to the director, and a 234
copy of the resolution, which shall set forth the proportion of 235
the cost and expense to be contributed by the municipal 236
corporation, shall be filed with the director. The director 237
shall cause to be prepared the necessary surveys, plans, 238
profiles, cross sections, estimates, and specifications and 239
shall file copies of them with the legislative authority of the 240
municipal corporation. After the legislative authority has 241
approved the surveys, plans, profiles, cross sections, 242
estimates, and specifications, and after the municipal 243
corporation has provided the funds necessary to meet the portion 244
of the cost of the work assumed by it, the municipal corporation 245
shall enter into a contract with the state providing for payment 246
by the municipal corporation of the agreed portion of the cost. 247
The form of the contract shall be prescribed by the attorney 248
general, and such contracts shall be submitted to the director 249
and approved before the receipt of bids. Section 5705.41 of the 250
Revised Code applies to such contract to be made by the 251
municipal corporation, and a duplicate of the certificate of the 252
chief fiscal officer of the municipal corporation shall be filed 253
in the office of the director. That part of the cost of the work 254
assumed by the municipal corporation shall be paid from the 255
proceeds of taxes or special assessments, or both, or from the 256
proceeds of notes or bonds issued and sold in anticipation of 257

H. B. No. 83 As Introduced

the collection of the taxes and assessments. For the purpose of 258
providing funds for the payment of that part of the cost of the 259
work assumed by the municipal corporation, the municipal 260
corporation has the same authority to make special assessments, 261
levy taxes, and issue bonds or notes, in anticipation of the 262
collection of the same, as it has with respect to improvements 263
constructed under the sole supervision and control of the 264
municipal corporation. All such assessments shall be made, taxes 265
levied, and bonds or notes issued and sold under such conditions 266
and restrictions as may be provided with respect to assessments, 267
taxes, bonds, or notes made, levied, issued, or sold in 268
connection with improvements of the same class and character 269
constructed under the sole supervision and control of the 270
municipal corporation. The improvement shall be constructed 271
under the sole supervision of the director. The proportion of 272
the cost and expense payable by the municipal corporation shall 273
be paid by the proper officers thereof, upon the requisition of 274
the director, and at times during the progress of the work as 275
may be determined by the director or as may be otherwise 276
provided by law. 277
Sec. 5521.011. (A) (l) Except as otherwise provided by law, 278
when there is an urgent need to accommodate the traveling 279
public, the director of transportation shall submit a written 280
request to the legislative authority of a municipal corporation 281
for its consent to either of the following: 282
(a) The establishment of a state highway within a 283
municipal corporation that will be designated a federal aid 284
highway or federal aid interstate highway; 285
(b) The repair, reconstruction, widening, improvement, or 286
relocation of a federal aid highway or interstate federal aid 287

H. B. No. 83 As Introduced

highway. 288
(2) The legislative authority, within sixty days after 289
receiving the written request from the director, shall do one of 290
the following: 291
(a) Grant its consent to the request; 292
(b) Refuse its consent by filing, in writing with the 293
director, a statement of its reasons for refusing consent and 294
any alternate proposals it considers reasonable. 295
(B)(1) If the legislative authority refuses consent under 296
division (A)(2) of this section, or fails to act, the director, 297
upon consideration of any reasons for the refusal to consent, 298
may adopt a resolution declaring the necessity of the actions 299
specified in the request for consent. The director may then 300
proceed in the same manner as if consent had been given. A 301
certified copy of the resolution shall be served upon the 302
legislative authority. 303
(2) Within twenty days from the date of service, the 304
legislative authority may appeal to the court of common pleas of 305
the county in which the municipal corporation is located. The 306
legislative authority, in the appeal, shall address the 307
reasonableness and necessity of the action provided for in the 308
director's resolution. 309
(3) In the hearing upon appeal, the director shall 310
introduce all of the following: 311
(a) The record of the director's proceedings; 312
(b) The director's findings with respect to factors 313
referred to in section 5521.012 of the Revised Code; 314
(c) Any other competent evidence in support of the 315
H. B. No. 83 Page 12
As Introduced
director's resolution. 316
(4) The legislative authority likewise may introduce 317
competent evidence opposing the resolution and the director's 318
findings. 319
(5) The court may affirm or revoke the resolution. The 320
decision of the common pleas court may be appealed to the court 321
of appeals and the supreme court as in other cases. If the court 322
affirms the resolution, the director may proceed with the 323
actions specified in the resolution with or without the 324
cooperation of the municipal corporation. 325
(C) A municipal corporation may cooperate with the 326
director in the work authorized by this section and pay such 327
portion of the cost as is agreed upon between the municipal 328
corporation and the director. The legislative authority of the 329
municipal corporation, by resolution, shall set forth the 330
proportion of the cost and expense to be contributed by the 331
municipal corporation, and shall file a copy of the resolution 332
with the director. 333
(D)(1) The director shall have the necessary surveys, 334
plans, profiles, cross sections, estimates, and specifications 335
prepared and shall file copies of them with the legislative 336
authority of the municipal corporation. 337
(2) The municipal corporation and the state shall enter 338
into a contract after both of the following occur: 339
(a) The legislative authority approves the surveys, plans, 340
profiles, cross sections, estimates, and specifications. 341
(b) The municipal corporation provides the funds necessary 342
to meet its portion of the cost of the work assumed by it. 343

H. B. No. 83 As Introduced

(3) The attorney general shall prescribe the form of the 344
contract and the contract shall be submitted to the director and 345
approved before the receipt of bids. 346
(4) Section 5705.41 of the Revised Code applies to all 347
such contracts. A duplicate of the certificate of the chief 348
fiscal officer of the municipal corporation shall be filed in 349
the director's office. 350
(E)(1) The municipal corporation shall pay its portion of 351
the costs from either of the following: 352
(a) The proceeds of taxes or special assessments, or both; 353
(b) The proceeds of notes or bonds issued and sold in 354
anticipation of the collection of the taxes and assessments. 355
(2) For the purpose of providing funds for its share of 356
the cost, the municipal corporation may make special 357
assessments, levy taxes, and issue bonds or notes, in 358
anticipation of the collection of the same, as it would for 359
improvements constructed under the sole supervision and control 360
of the municipal corporation. All such assessments shall be 361
made, taxes levied, and bonds or notes issued and sold under 362
such conditions and restrictions as though the improvements were 363
of the same class and character and constructed under the sole 364
supervision and control of the municipal corporation. 365
(F) The improvement shall be constructed under the sole 366
supervision of the director. The proper officers of the 367
municipal corporation shall pay the proportion of the municipal 368
corporation's cost and expense upon the requisition of the 369
director and at times during the progress of the work as the 370
director determines or as otherwise provided by law. 371
(G) Section 5521.01 of the Revised Code governs the 372

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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

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(1) National defense; economic 379
(2) Economic activity; employment 380
(3) Employment; open 381
(4) Open spaces; existing 382
(5) Existing park lands; recreation 383
(6) Recreation; fire 384
(7) Fire protection; esthetics 385
(8) Esthetics; public 386
(9) Public utilities; safety 387
(10) Safety; residential 388
(11) Residential character and location; religious 389
(12) Religious institutions and practices; rights 390
(13) Rights and freedoms of individuals; conduct 391
(14) Conduct and financing of government; conservation 392
(15) Conservation; property 393
(16) Property values; replacement 394
(17) Replacement housing; education 395
(18) Education and disruption of school district 396

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Page 15

operations; specific 397
(19) Specific numbers of families and businesses 398
displaced; engineering 399
(20) Engineering, right-of-way, and construction costs for 400
proposed highway facilities and related transportation 401
facilities; maintenance 402
(21) Maintenance of highway facilities and other 403
transportation facilities; use 404
(22) Use of highways and other transportation facilities, 405
and user costs; and operation 406
(23) Operation of highway facilities and other 407
transportation facilities during construction and following 408
completion. 409
(B) Documentation should cover the consideration given to 410
each determinant, including a statement as to which were not 411
considered significant as between alternatives. 412
Section 2. That existing sections 5501.31, 5521.01, and 413
5521.011 of the Revised Code are hereby repealed. 414