Oklahoma § 82-1612 - Construction or development in floodplain area prohibited

§ 82-1612. Construction or development in floodplain area prohibited

- Exceptions.

Oklahoma Statutes - Title 82. Waters and Water Rights

A. After a floodplain board has adopted and submitted

floodplain management regulations incorporating the most recent

flood insurance rate maps or flood hazard boundary maps prepared by

the Federal Emergency Management Agency or containing more specific

information to delineate floodplains within the respective areas of

jurisdiction to the Oklahoma Water Resources Board, all platting of

land, all construction of dwelling units or commercial or industrial

structures, and all future development within the delineated

floodplain area is prohibited unless:

1. Floodplain regulations have been adopted pursuant to the

Oklahoma Floodplain Management Act for the delineated floodplain

areas and are in full force and effect;

2. Prior to the platting, construction, and other development,

a development permit is granted by the floodplain board or

accredited floodplain administrator if a floodplain administrator is

authorized to issue development permits by the floodplain management

regulations; or

3. A development permit is granted by the Board, if development

or construction is proposed on lands owned, held in trust or

operated by the state. Notice of the proposed construction or

development must be provided by the permit applicant to the

respective floodplain board of the county or municipality in which

the development or construction is proposed thirty (30) days before

the decision of the Board to approve a development permit for the

construction or development.

B. Development permits authorized by subsection A of this

section may be issued when the applicable floodplain board, or

accredited floodplain administrator or Board, as the case may be,

determines that construction or development in the floodplain in

question complies with the applicable floodplain regulations or

rules and is not a danger to persons or property.

Added by Laws 1980, c. 179, § 12, emerg. eff. May 13, 1980. Amended

by Laws 2002, c. 46, § 12, eff. Nov. 1, 2002; Laws 2011, c. 214, §

9.