Clermont County approves annexation to Batavia over airport safety objections

The Clermont County Board of Commissioners voted Dec. 10 to grant a petition to annex a parcel of land to the village of Batavia, approving Resolution 183.25 after legal counsel confirmed the petition met the statutory criteria under Ohio law.

During public participation, Chuck Gallagher, manager of the Clermont County Airport, urged the board to delay action or attach a condition that no construction occur until the airport’s master plan is complete, describing potential hazard scenarios inside the runway protection zone (RPZ) off Runway 22. "If this goes to a different jurisdiction...we may lose that zoning authority," Gallagher said, urging the board to preserve the "straight-ahead option" for aircraft safety.

Resident Brian Wanstraat and other community members opposed the annexation for separate reasons, arguing the expedited "Type 2" annexation process limits local input and advantages developers. Wanstraat asked commissioners to seek agreements with villages and townships like the City of Columbus has done in surrounding areas to prevent Type 2 annexations.

County legal counsel read the seven findings required by Ohio Revised Code §709.023 and §709.021 and told the board the petition met each statutory element on its face. Chair moved to grant the annexation and a commissioner seconded. On recorded roll call, Commissioners Painter and Bachelor voted in favor and Commissioner Corcoran voted no; the resolution passed.

Several commissioners stressed that the board’s hands were constrained by state statute. Commissioner Painter said the board must follow the law even if members personally oppose the annexation. Commissioner Corcoran said she was voting no as a matter of principle but acknowledged her vote might have no legal effect on the outcome.

The board’s action resolves the immediate municipal-status question under the annexation statutes. It does not by itself authorize specific building permits or changes to development approvals; those land‑use and zoning decisions will be governed by municipal and local regulations once jurisdictional control transfers and by the limits of state and federal law. Gallagher and other public commenters urged the village, county staff and the developer to coordinate to ensure airport safety zones are respected as the matter moves forward.

The board also acknowledged recent litigation and past appeals related to other annexation attempts at the same site; commissioners and members of the public referenced court filings and prior hearings in which the county, developers and municipalities litigated similar issues.

Next steps: the clerk will record and deliver the annexation documents to the fiscal officer of the village of Batavia as required by Ohio law; any future development or permits on the parcels will follow the village’s zoning, subject to FAA and other applicable safety standards.