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Ohio Revised Code

Ohio Rev. Code § 4906.04 (2026)

Certificate required for construction of major utility facility

✓ current as of May 2026

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Effective:

November 15, 1981

Latest Legislation:

House Bill 694 - 114th General Assembly

PDF:

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No person shall commence to construct a major utility facility in this state without first having obtained a certificate for the facility. The replacement of an existing facility with a like facility, as determined by the power siting board, shall not constitute construction of a major utility facility. Such replacement of a like facility is not exempt from any other requirements of state or local laws or regulations. Any facility, with respect to which such a certificate is required, shall thereafter be constructed, operated, and maintained in conformity with such certificate and any terms, conditions, and modifications contained therein. A certificate may only be issued pursuant to Chapter 4906. of the Revised Code.

A certificate may be transferred, subject to the approval of the board, to a person who agrees to comply with the terms, conditions, and modifications contained therein.

Notes of Decisions

Cited in 6 cases (4 in the last 5 years), 2010–2026 · leading case: In re Application of Buckeye Wind, L.L.C., 2012 Ohio 878 (Ohio 2012).

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In re Application of Buckeye Wind, L.L.C., 2012 Ohio 878 (Ohio 2012). · cites it 2× “See R.C. 4906.04. A group of neighboring landowners, Union Neighbors United (“UNU”), Robert and Diane McConnell, and Julia Johnson (collectively, “the neighbors”), opposed the application.”

In re Application of Middletown Coke Co., 2010 Ohio 5725 (Ohio 2010). · cites it 6× “R.C. 4906.04. Under R.C. 4906.01(B)(1), a “major utility facility” includes “[e]lectric generating plant and associated facilities designed for, or capable of, operation at a capacity of fifty megawatts or more.”

In re Application of Suburban Nat. Gas Co. (Slip Opinion), 2021 Ohio 3224 (Ohio 2021). “See R.C. 4906.04. But by keeping the extension below five miles, Suburban was able to take advantage of an expedited approval process before the Power Siting Board.”

In re Letter of Notification Application of Columbia Gas of Ohio, Inc., 2024 Ohio 4747 (Ohio 2024). · cites it 2× “FACTS AND PROCEDURAL BACKGROUND {¶ 4} R.C. 4906.04 provides that no person shall construct a major utility facility in Ohio without first having obtained a construction certificate from the board.”

In re Application of Harvey Solar I, L.L.C., 2025 Ohio 1503 (Ohio 2025). “R.C. 4906.04. In August 2021, Harvey Solar applied to build a solar farm in Hartford and Bennington Townships in Licking County that would generate up to 350 megawatts.”

In re Application of Oak Run Solar Proj., L.L.C., 2026 Ohio 1849 (Ohio 2026). “01(B)(1) (defining “major utility facility”); R.C. 4906.04 (“No person shall commence to construct a major utility facility in this state without first having obtained a certificate for the facility.”

— Ohio Rev. Code § 4906.04(B)(1) — 1 case

In re Application of Middletown Coke Co., 2010 Ohio 5725 (Ohio 2010). “R.C. 4906.04. Under R.C. 4906.01(B)(1), a “major utility facility” includes “[e]lectric generating plant and associated facilities designed for, or capable of, operation at a capacity of fifty megawatts or more.”

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