The Clermont County Board of Commissioners on Dec. 1 reviewed a petition to annex 29.884 acres from Batavia Township into the village of Batavia and tabled final action until a full board can vote.
The annexation territory, identified by the county engineer as parcels 012008E026 and 012008E031, shares 485 feet (about 6.9%) of contiguous boundary with Batavia. Craig, the staff engineer who reviewed the petition, said the revised plat and legal description met the statutory tests for a type 2 expedited annexation under Ohio law. Board counsel Ryan Spitzer told the commissioners that when the seven statutory criteria in Ohio Revised Code section 709.023 are met and no timely objections are filed, the county’s discretion is limited.
Airport officials and residents urged the board to deny or delay the annexation, saying the parcels lie in the Federal Aviation Administration–defined runway protection zone (RPZ) and raising concerns about compatible land use. Chuck Gallagher, speaking for the Clermont County Airport, said he opposed the annexation because the property “is located in the runway protection zone” and that the RPZ contains federally defined restrictions on development. Kyle Lewis of the Aircraft Owners and Pilots Association reminded the board of federal grant conditions in Title 49 U.S. Code, subtitle VII, cautioning that FAA grant obligations include preserving airport rights, safe operation and compatible land use.
Resident Colleen Price said the risk was not theoretical. “This is not theoretical risk. It is known documented hazard,” she said, citing prior court records and photographs of aircraft incidents in the RPZ and urging the board to deny the petition to protect public safety and the county’s airport planning.
Petitioners’ counsel and the agent for the petitioners said the village of Batavia has assumed road-maintenance responsibilities required by statute and that no formal objections were filed, which, under staff analysis, largely narrowed the board’s options. County planner Drew noted that any construction or alteration in an RPZ requires property owners to file FAA Form 7460 and that noncompliance could lead to civil penalties.
Faced with competing legal constraints and community safety concerns, one commissioner moved to table the resolution to grant the annexation until the board’s Dec. 10 meeting so all three commissioners could participate in a final vote; the motion to table carried. The board did not approve the annexation at the Dec. 1 meeting.
The board’s next meeting is scheduled for Dec. 10, when members said they will revisit the annexation with a full complement of commissioners present.