Ohio Rev. Code » Chapter 4939
Ohio Revised Code

Ohio Rev. Code § 4939.03 (2026)

Prohibited conduct concerning public ways

✓ current as of May 2026
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Effective:
August 1, 2018
Latest Legislation:
House Bill 478 - 132nd General Assembly
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(A) No person shall occupy or use a public way except in accordance with law.

(B) In occupying or using a public way, no person shall unreasonably compromise the public health, safety, and welfare.

(C)(1) No person shall occupy or use a public way without first obtaining, under this section or section 1332.24 or 4939.031 of the Revised Code, any requisite consent of the municipal corporation owning or controlling the public way.

(2) Except as otherwise provided in division (C) (6) of this section and sections 4939.031 and 4939.036 of the Revised Code, a municipal corporation, not later than sixty days after the date of filing by a person of a completed request for consent, shall grant or deny its consent.

(3) A municipal corporation shall not unreasonably withhold or deny consent.

(4) If a request by a person for consent is denied, the municipal corporation shall provide to the person in writing its reasons for denying the request and such information as the person may reasonably request to obtain consent. If a request for consent is denied for an activity described in section 4939.031 of the Revised Code, the reasons required under this division shall be supported by substantial, competent evidence and the denial of consent shall not unreasonably discriminate against the entity requesting the consent.

(5) Except in the case of a public utility subject to the jurisdiction and recognized on the rolls of the public utilities commission or of a cable operator possessing a valid franchise awarded pursuant to the "Cable Communications Policy Act of 1984," 98 Stat. 2779, 47 U.S.C.A. 541, a municipal corporation, for good cause shown, may withhold, deny, or delay its consent to any person based upon the person's failure to possess the financial, technical, and managerial resources necessary to protect the public health, safety, and welfare.

(6) Initial consent for occupancy or use of a public way shall be conclusively presumed for all lines, poles, pipes, conduits, ducts, equipment, or other appurtenances, structures, or facilities of a public utility or cable operator that, on July 2, 2002, lawfully so occupy or use a public way. However, such presumed consent does not relieve the public utility or cable operator of compliance with any law related to the ongoing occupancy or use of a public way.
Notes of Decisions
Cited in 5 cases, 2001–2016 · leading case: Turner v. Ohio Bell Tel. Co., 887 N.E.2d 1158 (Ohio 2008).
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Turner v. Ohio Bell Tel. Co., 887 N.E.2d 1158 (Ohio 2008). · cites it 3× “See R.C. 4939.03 (municipalities), 5547.04 (counties), and 5515.”
Link v. FirstEnergy Corp. (Slip Opinion), 2016 Ohio 5083 (Ohio 2016). · cites it 2× “01 (upon formal application, director of transportation may grant a permit “with respect to the location of poles” on state highways subject to the conditions set forth in divisions (A) through (H)); R.C. 4939.03(C)(1) (“No person shall occupy or use a public way without first…”
Bidar v. Cleveland Elec. Illum. Co., 2012 Ohio 3686 (Ohio Ct. App. 2012). · cites it 2× “See R.C. 4939.03 (municipalities), 5547.04 (counties), and 5515.”
Payphone Ass'n v. City of Cleveland, 766 N.E.2d 167 (Ohio Ct. App. 2001). “The Ohio Attorney General attempts to gloss over the fatal flaws of the legislation by suggesting that the “common purpose” element of the single-subject analysis was satisfied because R.C. 4939.03 “removed a funding source” from local governments by prohibiting a fee, tax, or…”
Toledo Edison Co. v. Bd. of Defiance Cty. Commrs., 2013 Ohio 5374 (Ohio Ct. App. 2013). “, citing R.C. 4939.03 (municipalities), 5547.03 (counties), and 5515.”
— Ohio Rev. Code § 4939.03(C)(1) — 2 cases
Link v. FirstEnergy Corp. (Slip Opinion), 2016 Ohio 5083 (Ohio 2016). “01 (upon formal application, director of transportation may grant a permit “with respect to the location of poles” on state highways subject to the conditions set forth in divisions (A) through (H)); R.C. 4939.03(C)(1) (“No person shall occupy or use a public way without first…”
Bidar v. Cleveland Elec. Illum. Co., 2012 Ohio 3686 (Ohio Ct. App. 2012). “See R.C. 4939.03 (municipalities), 5547.04 (counties), and 5515.”
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