Okla. Admin. Code § 785:55-1-4

Current through Vol. 42, No. 4, November 1, 2024

Section 785:55-1-4 - Permits

(a)Development permits required. A development permit shall be required for all proposed development or substantial improvement located on state owned or operated property within the regulatory floodplain identified by the Board.

(1) Permits will be required for any proposed development or substantial improvement including the placement of manufactured homes within the regulatory floodplain.

(2) Development permits will be issued after the Board determines that the proposed development in the regulatory floodplain is not a danger to persons or property. The Board shall give notice of proposed development permit applications to counties and municipalities participating in the National Flood Insurance Program at least thirty (30) days before granting the permit to undertake such development.

(b)Permit forms. Permit application forms provided by the Board shall be used in applying for a permit. The application shall be submitted in duplicate and shall provide sufficient information to determine the effect of the proposed development on the conveyance of flood waters. If the Board deems necessary and so notifies the applicant in writing, one or more sets of plans and specifications may be required. The Board may enter into Memorandums of Agreement with applicants in accordance with this Chapter.

(c)Board action. The requirements imposed by these rules shall govern the Board in making development permit approval decisions. The Board shall exercise such discretion in its application of these rules as may be necessary to produce reasonable decisions based upon examination by and recommendation of the Board's staff.

(d)Permit conditions. When necessary to accomplish the purposes of these rules, special conditions may be included in the permit. Such conditions may include but are not limited to as-built certifications, maintenance guarantees, floodproofing requirements, fill, dike or levee requirements, control of the design and location of structures and other specifications related to the accomplishment of the purposes of this Chapter of these rules. When as-built certification is included as a special condition, the required key elevations or critical dimensions will be specifically identified. One or more sets of plans and specifications prepared by a Registered Professional Engineer may also be required under a special condition.

(e)Bridges and roads. All applications for development permits for bridges and roads shall include a certification signed and sealed by a Registered Professional Engineer that all applicable requirements of these rules have been met.

(f)Riverine development. In riverine situations, the Board shall notify adjacent communities at least thirty (30) days prior to granting a permit which would result in the alteration or relocation of a watercourse and submit copies of such notifications to the Federal Emergency Management Agency.

(g)Permit expiration. Construction as authorized by a development permit shall begin within one (1) year from the date of issuance of the permit, unless extended by the Board. For consideration of an extension, the permittee shall submit a written request for extension, setting forth the reasons for the request. Such request must be filed before the initial one-year period shall run, unless approved by the Board. Request to further extend shall be filed prior to the running of the extension.

Okla. Admin. Code § 785:55-1-4

Amended at 10 Ok Reg 3369, eff 6-25-93; Amended at 11 Ok Reg 3023, eff 6-13-94; Amended at 16 Ok Reg 2710, eff 7-1-99