Oklahoma § 82-1615 - Variances

§ 82-1615. Variances

A. A floodplain board may grant variances from requirements of

floodplain management regulations that are more stringent than the

minimum requirements of the Oklahoma Floodplain Management Act upon

presentation of adequate proof that compliance with the local

floodplain management regulations adopted pursuant to the Oklahoma

Floodplain Management Act will result in an arbitrary and

unreasonable taking of property without sufficient benefit or

advantage to the people. However, no variance shall be granted

where the effect of the variance will be to permit the continuance

of a condition which unreasonably creates flooding hazards. Any

variance so granted shall not be construed as to relieve any person

who receives it from any liability imposed by the Oklahoma

Floodplain Management Act or by other laws of the state.

B. Any person seeking a variance shall file a petition with the

floodplain board, accompanied by a filing fee of Twenty-five Dollars

($25.00).

C. A floodplain board shall exercise wide discretion in

weighing the equities involved and the advantages and disadvantages

to the applicant and to the public at large when determining whether

the variance shall be granted. The floodplain board shall conduct a

hearing for each requested variance. At least thirty (30) days

prior to the hearing, a notice of the time and place of the hearing

shall be published at the petitioner’s expense in a newspaper of

general circulation regularly published nearest the area of

jurisdiction. In no case shall variances be effective for a period

longer than twenty (20) years. A copy of any variance issued shall

be sent to the Oklahoma Water Resources Board within fifteen (15)

days after issuance.

Added by Laws 1980, c. 179, § 15, emerg. eff. May 13, 1980. Amended

by Laws 2002, c. 46, § 15, eff. Nov. 1, 2002; Laws 2011, c. 214, §

11.