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Key Takeaways

  • Ohio EPA regulates environmental matters including contaminated sites and underground storage tanks
  • Sellers must disclose known environmental hazards on the property disclosure form
  • Lead-based paint disclosure is required by federal law for homes built before 1978
  • Ohio has specific requirements for residential lead paint hazards (ORC 3742)
  • Radon disclosure is not required by Ohio law but testing is recommended
Last updated: January 2026

Environmental Issues in Ohio Real Estate

Environmental concerns can significantly affect property value and transaction requirements.

Environmental Disclosure

Property Disclosure Form

Ohio's Residential Property Disclosure Form includes environmental questions:

CategoryExamples
Known contaminationSoil, groundwater
Underground tanksCurrent or previous
Hazardous materialsAsbestos, lead paint
RadonTesting results
FloodingHistory of flooding

Agent Disclosure Duties

Ohio agents must disclose known environmental hazards:

  • Contamination affecting property
  • Environmental violations
  • Facts that could not be discovered by inspection
  • Material facts affecting value

Ohio Environmental Protection Agency (Ohio EPA)

The Ohio EPA regulates environmental matters:

AreaRegulation
Air QualityEmissions permits
Water QualityDischarge permits
Hazardous WasteStorage and disposal
Solid WasteLandfills
Underground Storage TanksRegistration and removal

Underground Storage Tanks (USTs)

Ohio Requirements

RequirementDetail
RegistrationUSTs must be registered
DisclosureShould be disclosed on property form
RemovalMust follow proper procedures
ContaminationMay require remediation

Leaking UST Program

If a tank has leaked:

  • Owner may be liable for cleanup
  • Ohio EPA has corrective action program
  • May significantly affect property value

Lead-Based Paint

Federal Requirements (Pre-1978 Homes)

For homes built before 1978:

RequirementDetail
EPA PamphletMust provide "Protect Your Family"
Known hazardsMust disclose
RecordsProvide any available reports
10-day inspectionRight to test (can be waived)
Disclosure formMust be signed

Ohio Lead Hazard Requirements (ORC 3742)

Ohio has additional requirements for:

RequirementApplication
Rental propertiesAdditional disclosure
Child-occupied facilitiesSpecific rules
Renovation workCertified contractors
Testing/abatementLicensed professionals

Radon

Ohio Law

StatusDetail
Mandatory disclosureNot required
RecommendedTesting encouraged
High-risk areasParts of Ohio have elevated levels
MitigationAvailable if high levels found

Note: While Ohio doesn't mandate radon disclosure, it's good practice to recommend testing.

Flood Zones

Flood Zone Disclosure

RequirementStatus
Ohio state lawNo mandatory disclosure
Federal lendersMay require for loans
InsuranceRequired in Special Flood Hazard Areas
NFIPNational Flood Insurance Program

Impact on Transactions

  • May affect property value
  • Insurance costs
  • Financing availability
  • Development restrictions

Wetlands Protection

Ohio wetlands are protected under:

  • Federal Clean Water Act
  • Ohio EPA regulations
  • Army Corps of Engineers permits

Impact on Development

IssueConsequence
Protected wetlandsDevelopment restricted
Permits requiredFor any disturbance
MitigationMay be required
Buffer zonesMay apply

Ohio Brownfield Program

Encourages redevelopment of contaminated sites:

BenefitDescription
Liability protectionFor prospective purchasers
Tax incentivesJob creation credits
Grant programsCleanup assistance
Technical assistanceOhio EPA guidance
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Environmental Issues in Ohio Real Estate
Test Your Knowledge

Is radon disclosure required by Ohio law?

A
B
C
D
Test Your Knowledge

What federal law requires lead-based paint disclosure for homes built before 1978?

A
B
C
D
Test Your Knowledge

Which agency regulates underground storage tanks in Ohio?

A
B
C
D
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