Drexel, OH

Montgomery County Building Regulations enforces pool barrier rules through the Residential Code of Ohio (OAC Chapter 4101:8) for one-, two-, and three-family dwellings. Pools deeper than 24 inches require a barrier at least 48 inches above grade with no openings allowing a 4-inch sphere to pass. Gates must be self-closing and self-latching with the release at least 54 inches above the bottom of the gate. R.C. 3781.06 authorizes the Ohio Board of Building Standards to adopt the RCO statewide.

Ohio has no statewide ADU mandate. In unincorporated Montgomery County, ADU permissibility is set by individual township zoning resolutions adopted under R.C. Chapter 519 (township zoning) - not by the county. Building permits for one-, two-, and three-family dwellings (including detached accessory structures) are issued by Montgomery County Building Regulations under the Residential Code of Ohio (RCO, OAC 4101:8). Cities such as Dayton, Kettering, and Centerville set their own ADU rules under R.C. Chapter 713 (municipal zoning).

Ohio HB 172 (effective July 1, 2022) legalized 1.4G consumer fireworks discharge by adults (18+) on private property, on specific holidays only, under R.C. 3743.45. R.C. 3743.45 expressly authorizes counties, townships, and municipalities to ban or restrict fireworks discharge - and many Montgomery County jurisdictions, including the City of Dayton, have opted out and prohibit all consumer fireworks. R.C. 3743.65 prohibits negligent discharge while intoxicated or on another person's property without permission.

Dog regulation in Montgomery County, OH is driven by Ohio Revised Code Chapter 955 - the state dog law - which requires every dog over three months old to be licensed annually through the Montgomery County Auditor. R.C. 955.22 requires owners to keep dogs physically confined, on a chain or leash, or under reasonable control at all times; dogs may not run at large. Dayton Revised Code of General Ordinances Chapter 91 (Animals) reinforces these rules and prohibits dogs from running at large on streets, parks, or other public grounds. Dogs over 4 months must wear current rabies and registration tags. Montgomery County Animal Resource Center: 937-898-4457.

Montgomery County, OH does not adopt a countywide noise ordinance for unincorporated areas; Ohio townships have only limited police powers under R.C. 519, and noise enforcement falls primarily on incorporated municipalities and state law. Ohio Revised Code 2917.11 (disorderly conduct) is the statewide backstop. Within the City of Dayton (the county seat), Chapter 94 of the Revised Code of General Ordinances governs noise pollution. Dayton Code Sec. 94.05 prohibits yelling, shouting, hooting, whistling, or singing on public streets between midnight and 7:00 a.m., and prohibits the operation of pile drivers, steam shovels, pneumatic hammers, derricks, and similar appliances between 10:00 p.m. and 7:00 a.m. Noise complaints in Dayton: 937-333-2677.

Montgomery County, OH does not regulate residential fence heights at the county level for unincorporated areas; townships rely on R.C. 519 zoning and individual cities adopt their own zoning codes. In the City of Dayton, fences 6 feet or less do not require a Building Permit but ALL fences (any height) require a Zoning Permit from the Zoning Administrator. Dayton front-yard fences are limited to 42 inches with at least 25% transparency (picket, wrought iron); chain link is prohibited in residential front yards. An additional 2 feet of latticed material (50% transparency minimum) is allowed above the 42-inch limit. Dayton Zoning Administration: 937-333-3903.

Montgomery County participates in the FEMA National Flood Insurance Program (CID 390775) and has adopted a Flood Damage Reduction Resolution under Ohio R.C. 1521.13. The Great Miami River, Mad River, Stillwater River, and Wolf Creek run through the county, creating extensive Special Flood Hazard Areas regulated by the Miami Conservancy District (created 1915 after the 1913 flood). New residential structures in mapped floodplains must elevate to the Flood Protection Elevation - base flood elevation plus 1.5 feet of freeboard.