Various organizations have developed stormwater runoff control criteria. In 1977, the Mid-Ohio Regional Planning Commission recommended that the peak rate of runoff from an area after development shall not exceed the peak rate of runoff from the same area before development for all storms up to a 100-year frequency, 24-hour storm (Mid-Ohio Regional Planning Commission, 1977). The 100-year, 24-hour storm is a 4.6-inch to 5.7-inch rainfall in Ohio. Wayne County adopted similar criteria for storms from a 2-year to 100-year frequency (McCullough, 1979).
The Ohio Department of Natural Resources, Division of Soil and Water Conservation, adopted Rule 1501:15-1-06 of the ORC to recommend control of accelerated erosion in urban areas effective November 1, 1979 (House Bill 513). Since then, many local governments (county, township and/or municipal) have adopted programs to address urban stormwater and sediment problems. Township activities are permissible as long as the township rules do not conflict with county or state statutes as stated in Ohio Attorney General's Opinion Number 85-053, September 17, 1985 (USDA-SCS, 1987). Delaware County adopted urban sediment pollution and water runoff control regulations (March, 1981) requiring the person developing a site to petition the county for permanent maintenance of structures and other facilities when two or more property owners benefit. Similar approaches have been initiated in other areas in Ohio. As of February 1986, 24 counties, 63 municipalities and 6 townships in Ohio had adopted local standards for urban sediment and stormwater management (USDA-SCS, 1987). This USDA publication contains a list of these counties, municipalities and townships.
There are other provisions of the Ohio Revised Code that address drainage problems. Section 3767.13 of the ORC, in the Nuisances Law, prohibits any person from unlawfully diverting a watercourse from its natural course or state in a way that injures or prejudices others. The penalty for violation of Section 3767.13 is a third-degree misdemeanor. A common pleas court can enjoin such a diversion as a nuisance upon the bringing of legal action by the Attorney General, the county prosecuting attorney, or a citizen of the county (Ohio Legislative Service Commission, 1977; USDA-SCS, 1987).