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Clermont County commissioners table Batavia annexation after airport safety concerns
Summary
After public comments and staff review flagged buildings inside the FAA runway protection zone, the board read a resolution to grant the petition to annex 29.884 acres to Batavia but voted to table final action until all three commissioners can vote at a later meeting.
The Clermont County Board of Commissioners on Dec. 1 read a resolution to grant a petition to annex 29.884 acres from Batavia Township into the village of Batavia, but commissioners voted to table the final decision until a meeting when all three members will be present.
The postpone motion followed extensive public comment and a staff review that noted the parcels lie adjacent to the Clermont County Airport runway. Chuck Gallagher, speaking for the airport, told the board the parcels fall within the Federal Aviation Administration’s runway protection zone and urged commissioners to “deny, delay” the annexation so the FAA can finalize the county’s airport master and layout plans. "Deny, delay," Gallagher said, citing safety and prior litigation that upheld building restrictions on the same parcels.
Why it matters: Annexation would transfer local zoning authority over the affected parcels from the township and county to the village of Batavia. Several speakers, including resident Colleen Price, argued that because the parcels lie in a federally recognized hazard zone, shifting zoning control before FAA planning is complete could increase risk to people on the ground and interfere with ongoing airport safety planning. “This is not about opposing growth. It is about protecting the public from foreseeable documented preventable aviation hazards,” Price said.
County staff and board counsel described the legal framework that governs expedited, type‑2 annexations under Ohio law. County counsel Ryan Spitzer told the board that under Ohio Revised Code §709.023 an expedited type‑2 annexation requires narrow statutory criteria and, absent a township objection, leaves the county limited discretion to deny the petition. "I don't believe the township filed anything in terms of an objection," Spitzer said during the review, and county planning staff concluded the petition met statutory requirements.
The petitioners’ agent told the board the village has agreed to assume road maintenance matters required by statute and noted that on annexation the property would retain its township zoning until the village takes affirmative action to change it. County planner Drew added a compliance reminder: property owners planning construction in a runway protection zone must file FAA Form 7460 and that noncompliance could expose owners and the municipality to civil penalties.
Following discussion, a commissioner moved to table Resolution 183‑25 and set it for final consideration at the board’s next meeting when all three commissioners will be present. The motion to table carried.
Next steps: The annexation review has been continued to the board's next scheduled session on Dec. 10 for a final vote when the board expects full membership to participate.
Sources: Public comments and staff presentations at the Dec. 1, 2025 Clermont County Board of Commissioners meeting; Ohio Revised Code §709.023.
