The Miami Conservancy District (MCD) owns, controls, and maintains land in the Great Miami River Watershed for various purposes related to its primary mission of flood protection and flood-risk reduction. In addition, MCD, and/or its subdistricts, owns and maintains infrastructure for public use, recreation, water monitoring and data collection. The infrastructure includes, but is not limited to paved and unpaved trails, low head dams, bridges, culverts, access ramps, benches, wells and gages.
Most of MCD property is open to the public for general use, including but not limited to walking, jogging, bicycling, fishing, and launching hand-carried watercraft such as canoes or kayaks. Weather and river conditions may result in temporary restrictions to public use. Hunting and trapping is not allowed on MCD property.
MCD has leased certain properties to other public entities such as cities and park districts for operation of parks. Rules and restrictions for use of these properties are determined and enforced by the entity leasing the property.
Land Use Permitting
MCD may allow others to use its land if the use does not interfere with MCD’s purposes, projects, or maintenance. When permission is granted, MCD issues a land use permit that identifies certain requirements the permit holder must meet. The permit holder is responsible for complying with all federal, state and local regulations and obtaining all other necessary permits. MCD permission must be secured through a land use permit before any activities, construction, access or use of MCD land. The permit holder must agree to the terms and conditions of the permit and pay a permit fee, if applicable.
Individuals, corporations or public entities seeking use of MCD land must complete an application or written request providing necessary information about the applicant and the proposed improvement, development, or use. MCD may require additional information, such as certificate of liability insurance naming MCD as additional insured, maintenance bond, location maps, construction plans and/or specifications, schedules, hydraulic modeling, access routes, and maintenance responsibility.
For information regarding use of MCD land or to apply for a permit, please contact Roxanne Farrier, Property Administrator, at (937) 223-1278 ext. 3230.
There are several types of MCD land use permits:
General Land Use Permit
General Land Use Permits authorize use of MCD land for a defined period of time, for specific purposes. Typical permitted uses include, but are not limited to, pipelines, utilities, structures, recreational amenities, fences, wells and roadways.
Construction Permits authorize contractors to access and perform work on MCD land when a land use permit has been issued to the project owner.
Farm Permits authorize use of MCD land for a defined period of time for the purpose of specified agricultural uses. All applications must include an explanation of the purpose and a detailed description of the agricultural use of MCD property. MCD may require additional information such as a conservation plan provided by the local Soil and Water Conservation District.
Channel Excavation Permit
Channel Excavation Permits authorize access and use MCD land for a defined period of time for the purpose of excavating gravel to maintain the carrying capacity of the river channel. MCD will determine the need to excavate accumulated gravel from the channel and may issue Channel Excavation Permits for the removal. Projects not identified by MCD as necessary for channel maintenance, such as bridge or utility construction, channel restoration, channel modification for recreation or navigation may not be performed under the terms of an Excavation Permit. Such projects will require a General Land Use Permit and/or Construction Permit. All applications must include the specific area to be excavated, start date and duration, and excavation process.
Temporary Permits authorize short-term or one-time use of MCD land. Typical permitted uses include, but are not limited to, scheduled events or festivals including set up and clean up time, surveying, water sampling, or geotechnical exploration. All applications must include time requirements for the proposed use and information about the requested activity.
Retarding Basin Permit
To ensure the availability of sufficient space for floodwater storage, MCD retained or acquired rights over properties within each of the five (5) retarding basins upstream of the MCD flood protection dams. The easements grant MCD the right to back up and retain floodwaters upon and over the property; enter the property at any and all times to remove or destroy drift, inspect the property, and for all lawful purposes authorized by the MCD Board of Directors; remove, without liability to MCD, all existing structures located below the spillway elevation of each dam; and monitor, restrict and control all future development below the spillway elevation of each dam.
MCD may issue a Retarding Basin Permit for the temporary or permanent construction of a structure within a retarding basin if MCD staff has determined the use would not adversely affect the storage capacity of the retarding basin and MCD’s ability to enter, inspect, or monitor the property. All permit applications must include detailed plans for the proposed use and may require additional information such as a survey to determine the elevation of the property. The permit holder must agree to the terms and conditions in the permit and pay the permit fee, if applicable.
Other types of retarding basin permits include:
Storage Compensation Agreement
MCD may issue a Storage Compensation Agreement for placement of fill material within a retarding basin below the spillway elevation of the dam. No fill may be placed in a retarding basin without a Storage Compensation Agreement. As a condition of a Storage Compensation Agreement, the agreement holder is required to remove an equal amount of material from the retarding basin to offset for the loss of storage capacity. Additionally, the fill material may not adversely affect MCD’s ability to enter, inspect, or monitor the property and use.
All agreement applications must include detailed plans for the proposed project, the estimated amount of fill material to be placed within a retarding basin, and details describing the location where the offsetting material will be removed from the retarding basin. MCD may require additional information such as a survey verifying the elevation of the property. The agreement holder must agree to the terms and conditions in the agreement and pay the agreement fee, if applicable. The agreement holder must provide final quantities of fill and offsetting removal to MCD at the end of the project.
Recreational Vehicle Permit
MCD may issue a Recreational Vehicle Permit for temporary placement of a travel trailer, truck camper, or motor home— recreational or commercial — within a retarding basin. Recreational Vehicle permits are only valid between May 1st and November 1st.
All permit applications must include proposed location, emergency evacuation plan, and the number of recreational vehicles to be on site. Additional information may be required such as a survey verifying elevation of the property and an emergency contact. The permit holder must agree to the terms and conditions in the permit and pay the permit fee, if applicable.
Other Authorized Uses of MCD Land
MCD may authorize other uses of land by Lease, Easement, or Agreement. MCD will determine the conditions and requirements for any Lease, Easement, or Agreement based on the site conditions and proposed use of the land.