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By: Peggy Kirk Hall, Tuesday, June 30th, 2026

It's time for another Summer edition of Farm Office Live--the Agricultural Law & Policy Roundtable.  Our July 10 Roundtable will focus on the rising costs of agricultural input issues.  Are there solutions in sight?  The OSU Agricultural & Resource Law team will explore that question by sharing legislative and judicial developments on input issues and gaining insight and perspective from two special guests:

  • Kolesen McCoy, OSU Government Affairs Senior Analyst in Federal Relations
  • Barry Ward, agricultural economist and Production Business Leader for OSU Extension

The webinar begins at 10 a.m. on Friday, July 10.  If you're already signed up for Farm Office Live, you'll receive an invitation to the Zoom webinar.  Others can sign up for the complimentary webinar series at go.osu.edu/farmofficelive.  Recordings of all Farm Office Live webinars are also available on the same web page.

 

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By: Clint Schroeder and Seungki Lee

Recently, final county yields for the 2025 crop were released by the United States Department of Agriculture (USDA) Risk Management Agency (RMA). The county yields are the final piece of information needed to calculate payments for area-based crop insurance policies. The Enhanced Coverage Option (ECO) is an add-on crop insurance product that provides shallow loss protection when combined with traditional Yield Protection or Revenue Protection policies. For the 2025 growing season it was available for purchase at either the 90% or 95% level, providing coverage down to 86% of county revenue or yield. The Supplemental Coverage Option (SCO) provides a layer of coverage from 86% of county revenue or yield down to the coverage level of the underlying policy purchased by the farm. Revenue-based policies trigger claims based on final revenue compared to expected revenue. Expected revenue is calculated using the RMA trend adjusted yield for each county multiplied by the higher of the February projected price or harvest price. Final county revenue is calculated using the RMA final county yield multiplied by the harvest price. In recent years ECO and SCO policies have become more attractive risk management options due to increases in the share of the policy premiums covered by subsidies.

Corn

The final harvest price for 2025 corn was $4.22 per bushel, a 10.2% decrease from the $4.70 per bushel projected price. In Ohio, 83 counties saw a decrease in the final revenue of at least 5% from expected revenue, which would trigger a claim on ECO-95% policies. Fifty-seven counties had a revenue decrease of at least 10%, triggering an ECO-90% claim, with 36 of those counties also triggering a claim on SCO policies due to a revenue loss greater than 14%.

Figure 1. Ohio Corn 2025 RMA Final Yield and Revenue Coverage

Ohio Corn 2025 RMA Yield

 

County values in the map report the final RMA corn yield in bushels per acre. County shading is based on final county revenue divided by expected county revenue. Lower percentages indicate larger county-level revenue shortfalls. The ECO-95, ECO-90, and SCO labels identify the RMA payment-threshold ranges associated with each revenue ratio; actual payments depend on whether the producer purchased the relevant coverage and on specific policy details.

Soybeans

The harvest price for soybeans was $10.35 per bushel, a 1.8% decrease from the $10.54 per bushel projected price. Based on final revenue calculations, 69 Ohio counties triggered an ECO-95% claim, 37 triggered an ECO-90% claim, and 31 experienced revenue decreases large enough to trigger an SCO claim.

Figure 2. Ohio Soybeans 2025 RMA Final Yield and Revenue Coverage

Ohio Soybean RMA 2025

County values in the map report the final RMA soybean yield in bushels per acre. County shading is based on final county revenue divided by expected county revenue. Lower percentages indicate larger county-level revenue shortfalls. The ECO-95, ECO-90, and SCO labels identify the RMA payment-threshold ranges associated with each revenue ratio; actual payments depend on whether the producer purchased the relevant coverage and on specific policy details.

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By: Barry Ward1, Eric Richer2, John Barker3, Amanda Bennett4   Ohio State University Extension 

1Assistant Professor & Leader, Production Business Management; 2Associate Professor & Field Specialist, Farm Management, 3Assistant Professor, Agriculture/Amos Program, Knox County; 4Assistant Professor, Agriculture & Natural Resources, Miami County (Ohio State University Extension) 

Farming is a complex business, and many Ohio farmers utilize outside assistance for specific farm-related work. This option is appealing for tasks requiring specialized equipment or technical expertise. Often, having someone else with specialized tools perform tasks is more cost effective and saves time. Farm work completed by others is often referred to as “custom farm work” or more simply, “custom work”. A “custom rate” is the amount agreed upon by both parties to be paid by the custom work customer to the custom work provider.

Custom rates increased for the majority of field operations in 2026 as compared to surveyed rates in 2024 but the increases did vary by operation. Examples include an increase of 4% for Planting Corn (30 Inch Rows with Fertilizer Application), 11% for Harvesting Corn (Combine, Grain Cart, Haul Local to Farm), 12% for Variable Rate Fertilizer Application, 7% for Spraying (Self-Propelled Sprayer), 9% for Disk Chisel and 16% for Tractor Rental (Tractor/Horsepower/Hour). Some field operations saw no change or even slight decreases from the 2024 survey.

Compared to 2024, custom rates have been impacted by higher machinery and equipment costs, higher labor costs and modestly higher fuel costs.

New field operations in this year’s survey and summary include vertical tillage, weed electrocution, late season nitrogen application with coulters, and trucking for silage and hay.

Ohio Farm Custom Rates

Click here for PDF of the 2026 Ohio Farm Custom Rates 

This publication reports custom rates based on a statewide survey. Surveys were mailed/emailed to past respondents and distributed at various Extension programs through the winter of 2026. The summary information included in this publication is based on the responses of 343 farmers, custom operators, farm managers, and landowners conducted in 2026. These rates, except where noted, include the implement and tractor if required, all variable machinery costs such as fuel, oil, lube, twine, etc., and labor for the operation.

Some custom rates published in this study vary widely, possibly influenced by:

  • Type or size of equipment used (e.g. 20-shank chisel plow versus a 9-shank)
  • Size and shape of fields,
  • Condition of the crop (for harvesting operations)
  • Skill level of labor
  • Amount of labor needed in relation to the equipment capabilities
  • Cost margin differences for full-time custom operators compared to farmers supplementing current income
  • Region of Ohio with different custom services supply and demand characteristics

Some custom rates reflect discounted rates as the parties involved have family or community relationships. Discounted rates may also occur when the custom work provider is attempting to strengthen a relationship to help secure the custom farmed land in a future purchase, or rental agreement. Some providers charge differently because they are simply attempting to spread their fixed costs over more acreage to decrease fixed costs per acre and are willing to forgo complete cost recovery.

Charges may be added if the custom provider considers a job abnormal such as distance from the operator’s base location, difficulty of terrain, amount of product or labor involved with the operation, or other special requirements of the custom work customer.

The data from this survey are intended to show a representative farming industry cost for specified machines and operations in Ohio. As a custom provider, the average rates reported in this publication may not cover your total costs for performing the custom service. As a customer, you may not be able to hire a custom service for the average rate published in this factsheet.

It is recommended that you calculate your own costs carefully before determining the rate to charge or pay. It may be helpful to compare the custom rates reported in this fact sheet with machinery costs calculated by economic models. The following resources are available to help you calculate and consider the total costs of a given machinery operation. You may consider using the data contained in multiple publications as a base for future custom rates. Suggested publications are:

  • Illinois Farm Management Handbook, available by searching University of Illinois farmdoc.
  • Estimating Farm Machinery Costs, available by searching Iowa State University agriculture decision maker and machinery management.

Finally, fuel prices have an impact on custom rates and rates may fluctuate based on large movements in fuel prices. The average price of retail on-highway diesel in 2025 according to the U.S. Energy Information Administration (EIA) was $3.66 per gallon. The price of Midwest No 2 On-Road Diesel during the survey period (January – April 2026) ranged from $3.36 - $5.81 per gallon. Although geopolitical issues created a surge in energy prices in March and April, the authors assume most of the responses are reported using the assumption of diesel priced in the lower part of this range. Fuel prices at higher levels may create a need for higher custom rates or added fuel surcharges.

The authors would like to thank all the respondents who made time to complete the survey and the Extension Educators and staff who helped collect the data.

The complete “Ohio Farm Custom Rates 2026” publication is available online at the OSU Farm Office website https://farmoffice.osu.edu/farm-management/custom-rates-and-machinery-costs

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By: Ellen Essman, Thursday, June 25th, 2026

We’ve talked about data centers extensively over the past few months.  We’ve shared numerous blog posts, and data centers were our topic for our last Farm Office Live Ag Law & Policy Roundtable.  If you missed that discussion, it is available to watch here.  When we hosted that discussion, the Ohio House was signaling that it might come back to consider House Bill 646, which appears to be main vehicle for data center legislation. That did not come to pass, and now both chambers of the General Assembly are on recess until November. How would the current version of H.B. 646 address data centers?

House Bill 646

H.B. 646, available here in its current form, has gone through many changes since it was first introduced in January by Representatives Click (R-Vickery) and Deeter (R-Norwalk).  Its first iteration, which we discussed here, would have created a Data Center Commission with 13 appointed members. The Commission would have been tasked with looking at the impacts of data centers and submitting its findings to the Governor and the General Assembly. However, that version of the bill was scrapped in May when the Select Committee on Data Centers, with members from both chambers, was created. After the Committee held hearings in May and June, a new version of H.B. 646 was introduced. The current version of H.B. 646 would place restrictions on data centers built and operated in Ohio.

Electric use

One of the main focuses of the bill is electric use by data centers. It requires any data centers with a monthly maximum electricity demand of 250 megawatts or greater to supply its electricity using sources that offset its consumption from the electrical grid. Furthermore, it requires all direct costs for retail electric services be paid by the data center operators and prohibits other Ohio customers from paying for these costs. Further, the bill would create a separate electric rate class for data centers.

Water use

The amount of water used and discharged by data centers is often cited among those worried about the environmental impacts of the tech hubs. H.B. 646 would require data center owners or utilities that solely supply power to data centers to measure and report the data center’s consumptive use of water. The bill also requires data centers to implement best industry practices for water conservation and water-use efficiency in the design, construction, and operation of the facility. Data centers would also have to report their water usage annually to the Ohio Department of Natural Resources (ODNR) and their water quality measurements quarterly to the Ohio Environmental Protection Agency (OEPA). ODNR and OEPA, in turn, would be required to file an annual report on data center water usage and quality to the legislature.

Nondisclosure agreements

H.B. 646 contains language that would make nondisclosure agreements subject to public records requests. Thus, it would allow citizens to look up nondisclosure agreements made between data centers and individuals, local governments, etc.

Tax incentives

Finally, the most recent version of H.B. 646 would address tax breaks for data centers.  The bill limits property tax exemptions for data centers in certain situations, and requires local governments granting property tax exemptions to obtain a security in the form of a surety bond or cash, certificates of deposit, or government securities from data center developers. The bill also excludes data centers from qualifying for megaproject tax incentives.

Most notably, the bill would also limit sales tax breaks for data centers. Governor DeWine did pause the 100% sales tax break for data centers in May, and H.B. 646 would change it to 50%.  This 50% sales tax break appears to be one of the reasons that the General Assembly did not pass H.B. 646 before the legislative recess. Reportedly, some lawmakers wanted the tax break eliminated altogether. As a result, the bill remains in the Senate Energy Committee until lawmakers return to Columbus in November. We will have to wait until then to see if there are any changes made to the bill, including the 50% sales tax break.

Other data center bills

H.B. 646 was fast tracked by the legislature and seems as though it is the data center legislation most poised to pass when they return in November. With that being said, there are several other bills addressing data centers that we have been following. It appears some ideas from these bills have found their way into the newest version of H.B. 646. It’s possible additional pieces of these bills could be incorporated into H.B. 646 when the General Assembly returns, or that they could pass on their own.

House Bill 695—While this bill, sponsored by Representatives Bird (R-New Richmond) Stewart (R-Ashville) does not address data centers directly, it does target local elected officials who could have knowledge of such developments. The bill would prohibit county commissioners, township trustees, and village mayors and council members from knowingly entering into nondisclosure agreements that prohibit “disclosing, discussing, describing, or commenting on” matters related to official duties, a repeated complaint of citizens. Note that H.B. 646 would address nondisclosure agreements regarding data centers in a different way—by making them subject to public records requests. H.B. 695 had its third hearing in the House Local Government Committee on June 3.

House Bill 706—H.B. 706, sponsored by Representatives Rader (D-Lakewood) and Thomas (R-Jefferson) focuses on the infrastructure impacts of data centers. The bill aims to “ensure costs of new infrastructure and grid upgrades needed to serve these facilities are not shifted onto existing Ohio ratepayers.”   The bill would require long-term service agreements of at least 12 years with electric utilities for data center customers, require the Public Utilities Commission to create standards for interconnection practices, load study deposits, and milestone requirements. It would also prohibit utilities from recovering data center costs from other customer classes, set minimum billing standards, and require financial assurance prior to facility construction. H.B. 706 had its third hearing in House Energy on June 3.

House Bill 784—Sponsored by Representatives Cockley (D-Columbus) and Lett (D-Columbus), H.B. 784 would require any data center that withdraws from waters of the state to submit monthly and annual data center water consumption reports to the Division of Water Resources.  The bill also contains non-disclosure prohibitions similar to H.B. 695. H.B. 784 was referred to the House Energy Committee in March.

Senate Bill 381—Introduced by Senator Weinstein (D-Hudson), S.B. 381 would require interconnection approval from the Public Utilities Commission of Ohio prior to connecting a data center with a monthly maximum demand of more than 25,000 kilowatt hours. The bill was referred to the Senate Public Utilities Commission in March.

We will continue to closely monitor data center legislation in Ohio when the General Assembly returns this fall!

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By: Peggy Kirk Hall, Wednesday, June 24th, 2026

Last week, 34 State Certified Mediation Programs gathered for the Coalition of Agricultural Mediation Programs (CAMP) annual conference, including three of us from the Ohio Farm Resolution Services (OFRS) program.  Wyoming's Agricultural & Natural Resource Mediation Program hosted us in Laramie, Wyoming (home of the University of Wyoming College of Law, where I earned my law degree!).  Our OFRS team gained information and insight that will help us help Ohio agriculture. But because our OFRS program is still quite new, many in Ohio agriculture don’t know about it or what the program can do for them. So now is good time to share what OFRS does and what we learned as we met with other state agricultural mediation programs from around the country. Here are several key points:

OFRS is Ohio’s Certified Mediation Program.  The USDA’s Farm Service Agency provides grant funding for each state to establish a certified mediation program to serve agricultural producers. The OSU Agricultural & Resource Law Program applied for the USDA grant, and in 2024 was approved to establish OFRS as the Certified Mediation Program for Ohio. The certification and funding allow us to use USDA funds to provide mediation services for no-to-little cost to agricultural producers.

Certified Mediation Programs were born from the farm financial crisis of the early 1980s.  The Agricultural Credit Act of 1987 created the framework for state Certified Mediation Programs after widespread foreclosures on farms during the 1980s financial crisis.  The goal was to provide impartial mediators who could help producers and lenders mediate financial issues, prevent litigation, and keep farms in business.

More “covered issues” has expanded the Certified Mediation Program.  Since the program’s origin in 1987, the federal government has expanded the types of “covered issues” a mediation program can help producers with in addition to agricultural loans.  The list of “covered issues” eligible for mediation services now includes compliance with farm and conservation programs, family farm transition, farmer-neighbor disputes, pesticides, wetland determinations, leasing, credit counseling, and other issues a State Department of Agriculture deems appropriate.

Our mediation services are probably broader than you think.  We have quickly learned that mediation is frequently misunderstood and conference attendees joked about the constant confusion with the practice of “meditation.”  For our program, mediation is a broad term that means using a variety of approaches to attempt to resolve agricultural issues and conflicts.  We offer “formal” structured mediations that place an impartial mediator between two parties with the goal of reaching an agreement that resolves a conflict, such as an agricultural credit problem.  But OFRS can also provide “informal” mediation services such as consultation and education, which can help farmers identify solutions for issues and conflicts that are affecting the farm, such as determining how to transition the operation to the next generation or resolve a drainage problem with a neighbor. The common thread is that our staff steps in to share knowledge and strategies to help an agricultural producer make decisions or overcome an issue or conflict, whether formally or informally.  Meditation is not under our mediation umbrella, however.

Mediators must be “qualified.”  USDA requires a mediator in a state mediation program to be qualified either by meeting state mediation licensing or training requirements or, if none, by completing a minimum of 40 hours of approved mediator training and an additional 20 hours of training every two years.  Mediation training emphasizes building skills for listening, maintaining neutrality, facilitating conversations, negotiating conflicts, and enabling problem solving.  We’ve learned, both through our work and from the CAMP conference, that qualified, trained mediators can benefit Ohio agriculture immensely.

Farm stress is a concern among State Certified Mediation Programs.  The CAMP agenda focused largely on helping producers deal with farm financial stress. Keynote speaker and agricultural attorney Sarah Vogel, who navigated producers through the farm financial crisis of the 1980’s, shared insights into the financial challenges today’s farmers may face. Sarah is currently working to encourage Attorney Generals in each state to understand and monitor financial legal developments that could negatively impact agricultural producers in their states.  Other CAMP conference sessions concentrated on developing skills for working with agricultural lenders and understanding how other stressors such as climate and weather can affect agricultural operations.

But family farm transition has become a common mediation service for state programs.  While agricultural credit problems were the impetus for USDA’s Certified Mediation Program, many state programs now spend most of their efforts on meeting farm transition needs. OFRS is one of them.  About 70% of our mediation docket consists of working with families on farm transition and family communication needs. Mediating business practices, farm leases, and farm-neighbor disputes rounded out our mediation work in the first two years of OFRS.

Funding for state mediation programs is usually in jeopardy.  At the conference, longtime mediation professionals shared that because the USDA’s Certified Mediation Program depends upon federal funding, program funding is not stable and instead is on a perpetual roller coaster ride.  The Trump administration, for example, proposed zeroing out funding for the program the past two years, stating that farmers should pay for their own mediation needs.  But Congress disagreed, funded the program in the last budget, and currently proposes continued funding for 2027. For the time being, it appears our OFRS program will have funding for at least for another year.

Do you need our mediation services?  Are you an agricultural producer who's trying to sort through an issue or conflict?  If so, learn more about OFRS and check out our team of five qualified mediators at farmoffice.osu.edu/ofrs.  Consider what we can do for you, and contact us at ofrsmediation@osu.edu

Jeff Lewis, Ellen Essman, and Peggy Kirk Hall

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Legal Groundwork
By: Robert Moore, Wednesday, June 17th, 2026

Ohio landowners regularly face requests from utilities and government agencies seeking easements and rights-of-way across their property. In recent years, major natural gas pipelines originating in southeastern Ohio have crossed large portions of the state. Today, new electric transmission lines are being built to serve expanding manufacturing facilities and data centers. At the same time, new road improvements and roadway projects continue to accommodate Ohio’s growing population and economy. In many of these situations, the utility or government entity possesses the power of eminent domain. What does that mean for landowners, and what rights do they have when their property is targeted for a public project?

Eminent domain is the power of a government agency or utility to acquire private property for a public project. The rationale behind eminent domain is that a single landowner, or a small group of landowners, should not be able to prevent projects that provide a broader public benefit. Both the United States and Ohio Constitutions authorize the use of eminent domain, provided that the property is being taken for a public use and the landowner receives just compensation. While the exercise of eminent domain can be difficult and frustrating for affected landowners, many roads, utility lines, and other public infrastructure projects would likely never be completed without this authority.

Many landowners mistakenly believe that if their property is subject to eminent domain, they have no say in whether a government agency or utility acquires their land. In reality, that is not the case. Government agencies and utilities generally prefer to avoid eminent domain proceedings whenever possible. The process is often time-consuming, expensive, unpredictable, and can generate negative public attention. As a result, these entities are strongly motivated to reach a voluntary agreement with landowners rather than resorting to eminent domain. Landowners should recognize and use this leverage during negotiations.

Landowners should carefully negotiate any proposed easement or property purchase. Like any buyer, a government agency or utility typically seeks to acquire property rights at the lowest reasonable cost. The initial offer is often neither the best offer nor the final offer. In addition to negotiating compensation, landowners should seek terms that protect their property and minimize the project's impact. For example, a landowner in northwest Ohio may want to require that any disturbed drainage tile be repaired to the landowner's satisfaction. Other provisions may address matters such as access routes, restoration obligations, crop damages, fencing, and construction timing. These types of protections can and should be negotiated into easement agreements.

In evaluating compensation, landowners should remember that the value of the property rights acquired is not always limited to the acreage within the easement or right-of-way. Depending on the circumstances, the project may affect the value or use of the remaining property. Impacts to drainage, access, farming operations, future development opportunities, and other aspects of the property should be considered when negotiating compensation.

Proceeding through the eminent domain process may be necessary when a landowner believes the compensation offered by the government agency or utility is insufficient and cannot be resolved through negotiation. The eminent domain process is essentially a legal proceeding in which the government or utility seeks the right to acquire property rights in exchange for compensation. During the proceeding, the government or utility presents evidence supporting its valuation of the property rights being acquired, while the landowner presents evidence demonstrating why greater compensation is warranted. As discussed above, eminent domain proceedings are generally costly, time-consuming, and uncertain for both parties. As a result, negotiated resolutions are often preferable when a fair agreement can be reached. However, when the parties remain far apart on compensation, the process may be necessary to reach a resolution.

Landowners should also understand that eminent domain authority is not unlimited. In some cases, landowners may have legal grounds to challenge whether a proposed acquisition satisfies statutory and constitutional requirements. Simply because a government agency or utility claims it has eminent domain authority does not necessarily mean that it does. As discussed above, eminent domain is generally intended for projects that serve a public use or public purpose. If a landowner believes a proposed taking primarily benefits a limited number of private parties rather than the public at large, the landowner should consult experienced legal counsel to evaluate whether a challenge may be appropriate.

Experienced legal counsel can also be invaluable when negotiating easements and property purchases. Many attorneys specialize in representing landowners in negotiations with government agencies and utilities and are familiar with the unique issues these transactions present. Landowners should strongly consider retaining an attorney with experience in this area. When negotiating an easement or property purchase, the landowner typically has only one opportunity to secure favorable terms. Once an agreement is signed, it generally cannot be modified without the consent of both parties. A poorly negotiated easement can affect the use, value, and marketability of property for decades and may impact future generations of landowners. Taking the time to negotiate appropriate compensation and protective provisions at the outset can help avoid significant problems later.

Eminent domain can be intimidating, but landowners should not assume they are powerless when approached by a government agency or utility. Understanding the eminent domain process, negotiating carefully, and obtaining experienced legal advice can help ensure that landowners receive fair compensation and appropriate protections for their property. While negotiated agreements are preferable, landowners may need to pursue their legal rights through the eminent domain process when a fair agreement cannot be reached.

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Work permit application on a desk.
By: Jeffrey K. Lewis, Esq., Monday, June 15th, 2026

Young workers have always been part of agriculture. Whether it’s a teenager helping with chores on the family farm, a neighbor’s child hired for the summer, or a high school student detasseling corn or working the harvest, farms across Ohio regularly rely on youth labor. That reliance raises a practical question for agricultural employers: before a minor can start working, does the law require a work permit?

For most Ohio employers, the answer is yes. For agricultural employers, however, the answer is usually no. This article walks through where Ohio’s work permit requirement comes from, what it is designed to accomplish, and the agricultural exemptions that remove the requirement in most farm employment situations.

Where the Rules Come From

Determining whether a young worker needs a work permit in Ohio requires looking to both federal and state law. Fortunately, the analysis is simpler than it might first appear: federal law is silent on work permit requirements, so there is no question of which law controls. The governing rules are found in Chapter 4109 of the Ohio Revised Code, the chapter of Ohio law that regulates the employment of minors.

The General Rule: A Work Permit Is Required

Under Ohio law, a minor generally may not begin working until he or she provides the employer with an age and schooling certificate, commonly known as a “work permit.” These permits serve several important protective purposes: they verify the minor’s age, safeguard school attendance, document parental consent, and help prevent the exploitation of young workers. 

The Agricultural Exemptions

For agricultural employers, the rules are different. Ohio law carves out meaningful exemptions for youth working in agriculture that effectively eliminate the work permit requirement in most farm employment situations.

The broadest exemption covers family farms. Under O.R.C. § 4109.06(A)(10), a minor employed on a farm operated by his or her parent, grandparent, or legal guardian (who does not reside in an agricultural labor camp) is exempt from Chapter 4109 in its entirety. Because the work permit requirement lives in that chapter, it simply does not apply to these young workers.

Even on farms not operated by a parent, grandparent, or guardian, youth agricultural workers remain exempt from the specific provisions that create and enforce the work permit requirement. Under O.R.C. § 4109.06(B)(3), farms employing these youth are not subject to:

  • § 4109.02 – the requirement to obtain an age and schooling certificate
  • § 4109.08 – enforcement of the certificate requirement
  • § 4109.09 – the notice of nonuse obligation
  • § 4109.11 – the related recordkeeping requirements

The bottom line: whether a young person is working on the family farm or hired by a neighboring operation, Ohio law does not condition agricultural employment on obtaining a work permit.

Final Thoughts

Work permits are only one piece of the labor law picture for agricultural employers. Even where the permit requirement does not apply, employers hiring young workers should make sure they remain compliant with other federal and state obligations, including:

  • Ohio’s workers’ compensation insurance requirements
  • Wage and hour requirements
  • Hour restrictions for minors
  • Hazardous job restrictions
  • Workplace safety requirements
  • Other recordkeeping requirements
  • New employee verification
Legal Groundwork
By: Robert Moore, Wednesday, June 10th, 2026

Imagine a farm transition meeting where the son is expected to take over the operation, the father officially owns the assets, but the mother quietly manages the finances, maintains the relationships with lenders and vendors, and often knows more about the farm business than anyone else in the room.  Now imagine trying to develop a successful transition plan without recognizing that reality.  That's the premise behind one of the featured sessions at the 2026 Cultivating Connections Conference: "Reverse Mentoring: The Invisible Org Chart." The session explores a challenge that many farm families face but rarely discuss, the difference between the formal structure of the farm business and the actual flow of knowledge, influence, and decision-making within the family.

Farm transition planning often focuses on business entities, estate planning documents and transfer of ownership. Those topics are critically important, but successful transitions also depend on understanding family dynamics, communication patterns, and the transfer of institutional knowledge. The people who hold the most valuable information are not always the people listed on organizational charts or legal documents. Recognizing and addressing those realities can be the difference between a smooth transition and one that struggles.

This session is just one example of the practical sessions participants will experience at the Fourth Annual Cultivating Connections Conference, presented by The Ohio State University's Agricultural & Resource Law Program, Iowa State University's Center for Agricultural Law and Taxation, and the National Agricultural Law Center.

Why Attend?

Cultivating Connections brings together attorneys, accountants, tax professionals, farm managers, educators, lenders, and others who work with farm families on transition and succession planning. The conference provides an opportunity to learn from leading experts while building relationships with professionals facing similar challenges.

Participants will gain:

  • In-depth education on emerging legal and planning issues
  • Networking with practitioners, academics, and industry professionals
  • Practical tools and strategies that can be applied immediately

In addition to "Reverse Mentoring: The Invisible Org Chart," the conference agenda includes sessions on:

  • Identifying and Addressing Mental Health Issues in Farm Families
  • Farm Transition from a Farm Manager's Perspective
  • Agricultural and Conservation Easements in Farm Transition Planning
  • Incorporating Divorce Protection in Business Entities
  • Dealing with Farm Assets Trapped in Corporations
  • Managing Tax Basis in Estates
  • Reviewing Available Resources for Your Clients
  • The State of the Farm Economy
  • Responsibilities in Assessing Client Capacity
  • An Interactive Farm Transition Case Study

Conference Details

Dates: August 3–5, 2026

Location: The Grand Event Center, Columbus, Ohio

Attendance: Participants can attend either in person or virtually.

Registration fees are:

  • In-Person: $375
  • Online: $325
  • Students: $100

Those attending in person on August 3 will have access to several networking and educational opportunities, including:

  • A behind-the-scenes tour of Ohio Stadium
  • A one-hour Ethics CLE focused on Name, Image, and Likeness (NIL) representation at Hofbräuhaus in Columbus
  • A welcome reception with conference speakers and attendees

Register Today

Whether you advise farm families professionally, work in agriculture, or simply want to better understand the challenges and opportunities facing family farm transitions, Cultivating Connections offers valuable education and meaningful connections.

Registration is now open. To learn more and register, visit: https://go.osu.edu/cultivatingconnections

We hope to see you in Columbus this August.

By: Ellen Essman, Monday, June 08th, 2026

On Tuesday, May 26, the Ohio Supreme Court issued a slip opinion, In re Application of Oak Run Solar Project, L.L.C. The decision concerns a proposed 800-megawatt, 6,050-acre solar project in Madison County. The proposed facility would also include a 300-megawatt alternating-current battery-energy storage system and allow for crops and livestock grazing among the solar panels. In 2022, Oak Run applied for approval from the Ohio Power Siting Board to construct their proposed project. Ultimately, the Power Siting Board approved the project, and the Board of Trustees for Somerford, Deercreek, and Monroe Townships, along with the Madison County Board of Commissioners appealed the decision to the Ohio Supreme Court.

What were the local governments’ objections to the project?

The three boards of township trustees and the Madison County Board of Commissioners, which the court refers to as “the local governments,” cited four different reasons why the Ohio Power Siting Board should have rejected Oak Run’s application. Firstly, the local governments asserted that Oak Run failed to take steps to minimize adverse visual impacts as required under the Ohio Administrative Code (OAC), arguing that Oak Run should have included a “vegetative screening plan” and comprehensive outreach to residents regarding the screening plan in its application. Secondly, the local governments argued that the Power Siting Board did not obtain the required visual-impact information to assess the proposed facility from public vantage points, as is required under the OAC.  In their third claim, the local governments alleged that the Power Siting Board erred in approving the project because Oak Run’s application did not contain enough information about how the project would affect water quality, which is required for the Board to make its legally required determination about the environmental impacts of the project. Finally, the local governments feel that because the Power Citing Board did not obtain plant and wildlife information required under OAC, the Board could not make an informed decision about the environmental impacts of the project as required by Ohio law.

How did the Ohio Supreme Court respond to the local governments’ objections?

Ultimately, the majority of the Court only found the second argument persuasive.  OAC 4906-4-08 requires applicants to provide “photographic simulations or artist's pictorial sketches of the proposed facility from public vantage points that cover the range of landscapes, viewer groups, and types of scenic resources found within the study area” when providing information on the visual impacts of the proposed project. You can read the OAC section here.  The local governments specifically pointed out that Oak Run did not provide the Power Citing Board with photographs or sketches showing the project’s substations, with structures ranging in height from 85 to 115 feet.  Without these simulations, the local governments argued that the Power Citing Board could not make the determinations required under the Ohio Revised Code (ORC). ORC 4906.10, available here, requires the Ohio Power Citing Board to determine the nature of the probable environmental impact of a utility facility, whether the facility has the minimum amount of environmental impact possible, and whether the facility will serve the public interest, convenience, and necessity. In response, Oak Run made several claims, including the argument the substations do not count as “facilities” under Ohio law and the administrative code.

The Ohio Supreme Court rejected Oak Run’s arguments, including their contention that the substations are not “facilities,” noting that  ORC 4906.01 specifically includes “associated facilities” in its definition of a “large solar facility,” and OAC 4906-01-01 specifically includes substations in its definition of “associated facilities.” The Court reasoned that “[w]hen considering these definitions together, it is clear that the substations for Oak Run’s project are facilities and Oak Run was therefore required to provide the board with the visual impact information.”

The Court found that the substations on the Oak Run Project were “facilities,” and for the Power Citing Board to determine the environmental and public impacts of a facility, the administrative rules require those applying to build a solar facility to provide “photographic simulations or artist's pictorial sketches of the proposed facility.”  Since Oak Run did not include photo simulations or sketches of the substations, the Court reversed the Ohio Power Siting Board’s approval of the project, sending the matter back to the Board to obtain more visual information from Oak Run before approval. 

How will this decision affect solar projects going forward?

Although the Ohio Supreme Court’s majority opinion reversed part of the Ohio Power Siting Board’s approval of the Oak Run solar project due to the lack of photographic simulations and pictorial sketches of the substations, the ruling is hardly a strike against all current and future solar projects in Ohio.  The Court remanded the decision back to the Power Siting Board, who will give Oak Run more time to provide photographic and pictorial evidence of all the proposed facilities. If, after considering the additional information, the Power Siting Board determines that the facility has minimal environmental impact and serves public interest, convenience, and necessity, the Board can approve the project and construction can go forward.

To understand how this decision might affect future solar projects in Ohio, it’s also important to examine the other local government claims that the Court did not find persuasive. In particular, the majority opinion’s treatment of the local governments’ claims that Oak Run did not adequately address possible effects on water quality and plants and wildlife is interesting. Although the Court found that visual simulations of all the facilities are required, the same is not the case regarding evidence of water quality and environmental impacts. The Court found that even if Oak Run “did not strictly comply” with the OAC in including all the required information to the Power Siting Board about how the project might affect water quality or plants and wildlife in the surrounding area, the local governments did not show that they suffered harm due to these omissions. This indicates that future groups appealing Power Siting Board solar decisions cannot just rely on the fact that environmental impact information required by the OAC is missing, but that they will have to prove themselves why the project is harmful to local water quality, plant, and animal life.

Finally, it’s important to note that the Ohio Supreme Court’s decision in this case was far from unanimous. Only three of the seven justices—Fischer, DeWine, and Deters—completely signed on to the majority opinion.  Justice Hawkins concurred in part and dissented in part, writing that more information on the environmental, water, plant, and wildlife impacts was required by law, and that Oak Run also did not adequately address safety concerns.  Justices Shanahan joined Justice Hawkins, as did Chief Justice Kennedy, who also included her own opinion. Justice Brenner joined Justice Fischer’s opinion in part, but found Oak Run’s visual evidence sufficient.  Given this narrow majority, a Court with a slightly different makeup could result in a completely different ruling on these questions.  

If you’d like to dig in deeper to the case, the Ohio Supreme Court’s slip opinion (“slip” means that it is not final and is still subject to formal revision), is available here.

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By: Peggy Kirk Hall, Thursday, June 04th, 2026

We're likely to run out of time to discuss all there is to cover on data center development in Ohio, but we'll give it a shot in our June Agricultural Law & Policy Roundtable on Data Centers, Agriculture, and Ohio's Policy Future.  Special guest Dr. Gabriel Lade, the C. William Swank Chair in Rural-Urban Policy in the Department of Agricultural, Environmental, and Development Economics at Ohio State, will join our agricultural law team for the roundtable at 10 a.m. on June 12, 2026.

Questions we'll address include:

  • What do we know about data centers?
  • How does data center development affect agriculture and rural Ohio?
  • Are there legal and policy solutions to data center issues?
  • What might be Ohio's policy future on data centers?

Current subscribers to the Farm Office Live webinar series are already registered for the event.  Others can register for the complimentary webinar at farmoffice.osu.edu/farmofficelive.  

We hope to see you there!

 

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