1. Ohio Lakefront Group www.ohiolakefrontgroup.com 1 WE HAVE WON OUR CLASS ACTION LAWSUIT But OUR VICTORY HAS BEEN APPEALED

2. Ohio Lakefront Group www.ohiolakefrontgroup.com 2 Ohio Lakefront Group Port Clinton August 26, 2008

3. Ohio Lakefront Group www.ohiolakefrontgroup.com 3 What is the Ohio Lakefront Group Non-Profit incorporated in 1999 Grassroots volunteer organization Ordinary citizens; shoreline residents At present there are 6,000 members There are 15,000 parcels along Lake Erie in Ohio

4. Ohio Lakefront Group www.ohiolakefrontgroup.com 4 Purpose Prevent taking of shoreline property by the State of Ohio Protect the use of Lake Erie and the environment through reasonable regulation We are pro-property rights, NOT anti- environment !

5. Ohio Lakefront Group www.ohiolakefrontgroup.com 5 Current Situation The Governor supports our deeds—maybe. We won our Class Action Law Suit—so far. The “ABCD” permit is still a problem. Zoning ordinances could take away our win. ODNR to publish “new rules”. The Great Lakes Compact.

6. Ohio Lakefront Group www.ohiolakefrontgroup.com 6 Governor’s Statement “The Governor and ODNR recognize that there are arguable legal claims that some of the deeds have specific defects and that deeds purporting to cover lands below the OHWM may ultimately be found by the Ohio courts to be subordinate to the public’s interest in those lands. Still, without such a determination by the Ohio courts, ODNR believes that it must honor those deeds.”

7. Ohio Lakefront Group www.ohiolakefrontgroup.com 7 Governor’s Leasing Policy “Consistent with the Governor’s view that deeds should be honored unless they are found to be limited and/or unenforceable by a court of law, ODNR has determined that it is inappropriate to require deed holders to lease land that they maintain that they own.”

8. Ohio Lakefront Group www.ohiolakefrontgroup.com 8 Governor’s Optional Leasing “Still, because some land owners would prefer to voluntarily obtain a lease for the property on which they intend to build permitted structures, ODNR will continue to make leases voluntarily available.”

9. Ohio Lakefront Group www.ohiolakefrontgroup.com 9 Regulatory Property Taking by Coastal Management Office of ODNR Dry Beach Area ODNR calls this “historic fill” and now says your land ends here Deed says your land ends here New ODNR Definition of “Public Trust”

10. Ohio Lakefront Group www.ohiolakefrontgroup.com 10 What has ODNR Been Doing Continuing to demand Lease Payment. The “ABCD” permit request is still a problem. ODNR is Proposing “new” rules.

11. Ohio Lakefront Group www.ohiolakefrontgroup.com 11

12. Ohio Lakefront Group www.ohiolakefrontgroup.com 12

13. Ohio Lakefront Group www.ohiolakefrontgroup.com 13 Zoning Ordinances—Riparian Setbacks Riparian setbacks shall be preserved in their natural state… (grandfathering) Where the 100-year floodplain is wider than a riparian setback of a designated watercourse, the riparian setback shall be extended to the outer edge of the 100-year floodplain. Riparian setbacks on designated watercourses shall be a minimum of 75 feet.

14. Ohio Lakefront Group www.ohiolakefrontgroup.com 14 Riparian Setbacks Defined WATERCOURSE: This shall mean any natural, perennial, or intermittent lake, pond, channel, stream, river, creek or brook with a defined bed and bank or shore.

15. Ohio Lakefront Group ODNR’s “New Rules” Inconsistent Subject to interpretation Walking Path???

16. Ohio Lakefront Group Subject to Interpretation No change in definition of “Territory” “Territory” as used in these rules shall be as it is described in section 1506.10 and as it is defined in division (A) of section 1506.11 of the Revised Code. Where the territory has been artificially filled, the director shall determine the natural shoreline as accurately as possible, using the best practicable measures including, but not limited to, an analysis of the earliest known charts, maps or photographs.

17. Ohio Lakefront Group Walking Path??? The Judge said: “The proper interpretation of the term, “natural shoreline” in R.C. 1506.10 and 1506.11 is the moveable boundary on the shore where the lake water touches the land at any given time.” ODNR says (based on the Merrill Decision) that the water’s edge is “the most landward place where the lake water actually touched the land at any given time.”

18. Ohio Lakefront Group ODNR Public Meeting on New Rules Public informational meeting on the proposed rules is scheduled from 6 to 8:30 p.m. Sept. 4 -- Ottawa National Wildlife Refuge, 14000 W. Ohio 2, Oak Harbor

19. Ohio Lakefront Group www.ohiolakefrontgroup.com 19 Neighborhood Meetings Your home or back yard Church Community Center Yacht Club Marina

20. Ohio Lakefront Group www.ohiolakefrontgroup.com 20 Times and Dates Generally: 25 – 35 minute presentation 25 - 35 minute question and answer Week Day Evenings Saturday or Sunday

21. Ohio Lakefront Group www.ohiolakefrontgroup.com 21 Reasons to Host Get your neighbors involved and informed Encourage them to become members of OLG and share the burden Increase our presence and impact politically There are misconceptions that we have already won. As you hear tonight, that is not the case

22. Ohio Lakefront Group www.ohiolakefrontgroup.com 22 What We Bring Power Point Presentation or Handouts Presentation tailored to your audience Contact Numbers and info to our website and newsletter Updates and progress reports

23. Ohio Lakefront Group www.ohiolakefrontgroup.com 23 How to Set Up an OLG Meeting Door-to-Door Ten houses on either side Neighborhood Organization Marina or Yacht club Civic Organization

24. Ohio Lakefront Group www.ohiolakefrontgroup.com 24 Check the OLG website : www.ohiolakefrontgroup.com www.ohiolakefrontgroup.com Go to “Contact Us” “Host a Neighborhood Meeting” Contact me via the supplied telephone or email address. Telephone 216-577-6811 or gbaeppler@att.net To Schedule a meeting:

25. Ohio Lakefront Group www.ohiolakefrontgroup.com 25 Review of the Facts

26. Ohio Lakefront Group www.ohiolakefrontgroup.com 26 Chances of Success We have the Ohio Statute on our side. We have our Deeds on our side. We have the complete history of our Deeds on our side. We have the Ohio and the U.S. Constitution on our side. Time, money, and apathy are against us.

27. Ohio Lakefront Group www.ohiolakefrontgroup.com 27 What Can You Do Get more involved—we need everyone participating. Contribute—funds are low as the other side hoped. Inform others—our message is still not reaching enough people. Hold meetings—we are asking people to host neighborhood meetings.