Dewine signs bill regulating ephemeral streams

Ohio Gov. Mike Dewine has signed a controversial and wide-ranging environmental bill with the enthusiastic support of homebuilders, but against the advice of scientists and environmental advocates.

Opponents of House Bill 175 say a provision deregulating so-called ephemeral streams could contaminate drinking water, destroy fish habitats and worsen flooding.

The law brings Ohio’s ephemeral stream regulations in line with federal standards, but those rules are in a state of uncertainty.

The bill’s supporters, which include most Republicans in the state legislature, developers and homebuilders, say the law would streamline the permitting process and ease the Ohio’s affordable housing crisis by letting builders construct more houses.

The state has roughly 36,000 miles of ephemeral streams, according to the Ohio environmental council. Other estimates put that figure even higher.

Ephemeral streams are typically at the edge of the watershed and only flow after heavy rain. The Trump Administration removed federal regulations regarding ephemeral streams, and the Biden Administration is in the process of restoring them. A case being argued before the United States Supreme Court could bar the federal government from regulating streams that don’t flow year-round.

Supporters noted that the Ohio EPA can still regulate discharge and dumping into ephemeral streams.

“This strikes a balance maintaining a state role to ensure protection when appropriate, but also not making the regulations so onerous that there are problems developing and permitting the land as needed,” Dewine spokesperson Dan Tierney said. “We think this is a good law that will continue economic development.”

Groups like The Ohio Environmental Council and the Midwest Biodiversity Institute strongly opposed House Bill 175. They say that destroying or rerouting ephemeral streams harms vital parts of fish habitats and harms a key source of drinking water.

“Ephemeral streams of good to excellent quality can reduce downstream flooding, prevent excess erosion and provide habitat for wildlife,” the Institute wrote in a letter to legislators. “Intact ephemeral streams can protect property values, maintain biological diversity and support hunting and fishing.”

If the Supreme Court strips the federal government of its power to regulate ephemeral streams, environmentalists say the consequences could be widespread.

“Thoughtless alteration or loss of the hydrologic and biological processes of ephemeral streams can lead to cumulative decline of a whole river system,” the Midwest Biodiversity Institute says in its letter. pcooley@dispatch.com @Patrickacooley