reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 50 - Financial Assistance › Subchapter 17 - Oklahoma Dam Rehabilitation (OKDR) Grant Program Requirements and Procedures › Section 785:50-17-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words and terms, when used in this Subchapter,
				  shall have the following meaning, unless the context clearly indicates
				  otherwise:
"Applicant"
means a qualified entity which
				  applies for an OKDR grant on its own behalf, or for whom an application is
				  submitted shall be deemed not to be an applicant.
"Community"
means any city, town, county or the
				  State of Oklahoma, and any rural sewer district, rural water district, public
				  trust, master conservancy district, any other political subdivision, or any
				  combination thereof.
"High hazard-potential dam"
means dams where
				  failure will probably cause loss of human life as classified under the
				  provisions of
				  785:25-3-3(a)
				  (2) (C).
"Improvements"
means correction of design flaws,
				  including but not limited to, engineering and/or construction deficiencies
				  considered inconsistent with current state-of-practice dam design and
				  construction.
"Qualified project"
means any necessary
				  investment to rehabilitate public non-federal dams subject to the Board's
				  jurisdiction which are of poor or unsatisfactory condition and fail to meet
				  minimum dam safety standards stated in Chapter 25.
"Qualified entity"
means a community which own a
				  public non-federal dam subject to the Board's jurisdiction which are of poor or
				  unsatisfactory condition and fail to meet minimum dam safety standards stated
				  in Chapter 25.
"Routine maintenance and repair"
means
				  activities performed routinely to prevent deterioration of structures and
				  equipment required to maintain a dam in a safe and functioning condition,
				  failure of which to perform timely results in dam deterioration or impairment.
				  Routine maintenance activities include but are not limited to replacement of
				  parts, systems, or components; and other activities needed to preserve or
				  maintain the dam.
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 50 - Financial Assistance › Subchapter 17 - Oklahoma Dam Rehabilitation (OKDR) Grant Program Requirements and Procedures › Section 785:50-17-3 - Application review and disposition

Current through Vol. 41, No. 20, July 1, 2024
(a)
General
				procedures.
The general procedure to be followed in the financial
				assistance application, review, and consideration process for financial
				assistance under the OKDR grant program shall be as follows:
(1)
Notification of potential
				eligibility.
The Board may notify potentially eligible dam owners of the
				availability of the OKDR grant program.
(2)
Pre-application conference.
(A) While not specifically required, all
				potential applicants are encouraged to contact the Board for purposes of
				arranging participation in a pre- application conference between Board staff,
				applicant (or representative), applicant's legal, financial, and engineering
				advisors and such other persons whose attendance and participation may be
				deemed appropriate and beneficial.
(B) At the pre-application conference,
				preliminary matters respecting the applicant, the proposed project and the
				application for assistance may be discussed to familiarize all concerned
				parties with the financial assistance program and applicable application
				requirements and procedures.
(3)
Application.
(A) Applicant shall initiate application
				review and consideration by submission to the Board of applicant's application
				for financial assistance. An application may be submitted directly by the
				qualified entity or, at the qualified entity's discretion an authorized
				representative of the qualified entity.
(B) In all instances, applications must be
				written and in a form which meets the requirements of Subchapter 5.
(C) All applicants shall submit a proposed
				scope of work, operation and maintenance plan, schedule, and budget packet
				outlining the proposed activities that will be completed using grant
				funds.
(D) Engineering studies,
				plans, or design drawings and specification must be approved, signed, and
				stamped by a qualified design professional registered in Oklahoma.
(E) All applicants must have the verification
				form signed and notarized by the applicant representative and must have a
				signature of an attorney representing applicant.
(4)
Submittal to Board.
Upon
				completion of staff review, the submitted application (with recommendations, if
				any from the Board Dam Safety Program Manager) shall be placed upon the Board's
				agenda for the next regular (or special) Board meeting and shall be thereby
				submitted to the Board for action as described in (e) below.
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 50 - Financial Assistance › Subchapter 17 - Oklahoma Dam Rehabilitation (OKDR) Grant Program Requirements and Procedures › Section 785:50-17-4 - Applicable law; deadline for applications; eligible project costs

Current through Vol. 41, No. 20, July 1, 2024
(a) The Board shall administer applications
				for OKDR funds in accordance with any provisions of law applicable to such
				applications and OKDR funds. To be considered for and receive funding from
				funds available for OKDR, an application must be completed in accordance with
				the Board's rules and prescribed application form in all material respects with
				all attachments and filed by the applicant and received by the Board. Any
				application not properly completed and filed shall not be considered.
(b) For purposes of evaluating, approving,
				and funding an application for an OKDR grant, categories of project costs which
				are eligible for assistance shall include architecture and/or engineer fees
				construction costs, and other costs related to construction of a qualified
				project. Provided, however, that for construction costs to be eligible for
				award, applicants shall provide documentation that all construction funding is
				available. Failure to secure construction funding timely shall result in
				forfeiture of grant assistance for construction costs.
(c) Funds made available by the Board to an
				applicant for approved projects may be utilized and expended by an applicant as
				approved by the Board.
(d) The OKDR
				grant applications are accepted and scored in a closed cycle. Once a cycle is
				closed no applications will be accepted unless the applicant can provide
				sufficient justification for why their application was not received during the
				open application period.
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 50 - Financial Assistance › Subchapter 17 - Oklahoma Dam Rehabilitation (OKDR) Grant Program Requirements and Procedures › Section 785:50-17-5 - Period of performance

Current through Vol. 41, No. 20, July 1, 2024
Period of performance for selected projects commences upon
				  finalization of the funding agreement by the Board and dam owner and shall have
				  a term of twenty-four (24) months following finalization or until the project
				  has been completed, whichever is shorter.
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 50 - Financial Assistance › Subchapter 17 - Oklahoma Dam Rehabilitation (OKDR) Grant Program Requirements and Procedures › Section 785:50-17-6 - Evaluation of performance

Current through Vol. 41, No. 20, July 1, 2024
Progress of selected projects may be monitored during the
				  period of performance by the Board Dam Safety Program as described in Chapter
				  25 and may include evaluation of subrecipients ability to meet proposed
				  deadlines and ability to provide required documentation to the Board.
				  Subrecipient's consulting engineer shall function as the primary technical
				  assistance provider throughout the period of performance. Board staff may
				  provide technical assistance at their discretion.
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 50 - Financial Assistance › Subchapter 17 - Oklahoma Dam Rehabilitation (OKDR) Grant Program Requirements and Procedures › Section 785:50-17-7 - OKDR grant priority system

Current through Vol. 41, No. 20, July 1, 2024
(a)
Basis of
				priority system and formula.
(1)
Prioritization.
The Board or its staff shall prioritize the
				selection of projects. Prioritization criteria include community size, dam
				hazard-potential classification, dam condition, and number of persons at risk
				from dam failure.
(A)
Community
				size.
Communities with a population of 7,000 people or less shall
				receive higher priority than communities with a population of over 7,000 as
				reported in the most recent decennial census published by the United States
				Bureau of the Census.
(B)
Dams hazard-potential classification.
Following prioritization for
				community population, project dams shall be prioritized by hazard-potential
				classification as defined in
				785:25-3-3. High hazard-potential
				dams are prioritized highest; significant hazard-potential dams shall be
				prioritized second highest, and low hazard-potential dams shall be prioritized
				lowest.
(C)
Dam condition
				rating.
Following prioritization for hazard-potential classification,
				project dams shall be prioritized by a combination of condition rating and the
				number of persons at risk due to dam failure. The inspecting engineer for the
				project dam shall report condition ratings for verification by the Board Dam
				Safety staff. Dam condition ratings are reported to USACE for the National
				Inventory of Dams (NID) by the Board which has final authority on assignment of
				official condition ratings. Only dams assigned a condition rating of poor or
				unsatisfactory are eligible for funding through this program.
(D)
Number of persons at risk.
The number of persons at risk due to dam failure (PAR) shall be calculated by
				Board staff using dam breach inundation maps required by
				785:25-7-6, population data
				obtained from the Department of Homeland Security, and roadway maps. PAR is
				calculated by overlaying breach inundation maps with population grid datasets
				for both day and night scenarios.
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 50 - Financial Assistance › Subchapter 19 - American Rescue Plan Act Tribal Cooperation Grant Program Requirements and Procedures › Section 785:50-19-1 - Program description

Current through Vol. 41, No. 20, July 1, 2024
The Oklahoma Legislature has authorized the American Rescue
				  Plan Act ("ARPA") Tribal Collaboration program. This law authorizes the Board
				  to make grants to certain qualified entities for qualified project purposes
				  according to certain requirements. This Subchapter interprets and implements
				  the law authorizing this grant program by the Board for the U.S. Treasury's
				  Coronavirus State and Local Fiscal Recovery Funds Final Rule for water and
				  wastewater investments. The Board's rules applicable to ARPA grants shall be
				  construed so as to consider only the ARPA grant program administered by the
				  Board and shall not be construed so as to consider ARPA grant programs
				  administered by other governmental persons or other grant programs administered
				  by the Board.
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 50 - Financial Assistance › Subchapter 19 - American Rescue Plan Act Tribal Cooperation Grant Program Requirements and Procedures › Section 785:50-19-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words and terms, when used in this Subchapter,
				  shall have the following meaning, unless the context clearly indicates
				  otherwise:
"Applicant"
means a qualified entity which
				  submits an application for an ARPA grant on its own behalf, or for whom an
				  application is submitted.
"Community"
means any city, town, county or the
				  State of Oklahoma, and any rural sewer district, rural water district, public
				  trust, master conservancy district, any other political subdivision, or any
				  combination thereof.
"Project"
means any project that meets the
				  federal eligibility requirements of the U.S. Treasury's Coronavirus State and
				  Local Fiscal Recovery Funds Final Rule for water and wastewater investments, a
				  part of the American Rescue Plan Act,
				  Public Law
				  117-2.
"Qualified entity"
means a Community as defined
				  above or a federally recognized Indian tribe or authorized Indian tribal
				  organization.
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 50 - Financial Assistance › Subchapter 19 - American Rescue Plan Act Tribal Cooperation Grant Program Requirements and Procedures › Section 785:50-19-3 - Application review and disposition

Current through Vol. 41, No. 20, July 1, 2024
(a)
General
				procedures.
The general procedure to be followed in the financial
				assistance application, review, and consideration process for financial
				assistance under the ARPA grant program shall be as follows:
(1)
Pre-application conference.
(A) While not specifically required, all
				potential applicants are encouraged to initially contact the Board for purposes
				of making arrangements for participating in a pre-application conference
				between Board staff, applicant (or representative), applicant's legal,
				financial, and engineering advisors and such other persons whose attendance and
				participation may be deemed appropriate and beneficial.
(B) At the pre-application conference,
				preliminary matters respecting the applicant, the proposed project and the
				application for assistance may be generally discussed in an effort to
				familiarize all concerned parties with the financial assistance program and
				applicable application requirements and procedures.
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 50 - Financial Assistance › Subchapter 19 - American Rescue Plan Act Tribal Cooperation Grant Program Requirements and Procedures › Section 785:50-19-4 - Applicable law; deadline for applications; eligible project costs

Current through Vol. 41, No. 20, July 1, 2024
(a) The Board shall administer applications
				for ARPA funds in accordance with any provisions of law applicable to such
				applications and ARPA funds, which may include, but is not limited to:
(1) Recipients are required to complete
				procurement procedures according to
				2 CFR
				200.317-200.327.
(2) Recipients may be required to complete a
				Single Audit pursuant to 2 CFR Part 200 , Subpart F.
(3) Recipients are required to have an active
				registration on Sam.gov pursuant to 2 CFR Part 25.
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 50 - Financial Assistance › Subchapter 19 - American Rescue Plan Act Tribal Cooperation Grant Program Requirements and Procedures › Section 785:50-19-5 - Project selection

Current through Vol. 41, No. 20, July 1, 2024
(a) Projects for
				this grant program shall be selected by the Cabinet Secretary for Energy and
				Environment in cooperation with representatives from tribal entities, as
				identified in the authorizing legislation.
(b) The Office of the Secretary for Energy
				and Environment shall provide the project list to Board staff no later than
				November 1, 2022. If additional funding becomes available after the submission
				of the original list, the Office of the Secretary for Energy and Environment
				shall submit a list of additional projects within thirty (30) days of the
				funding becoming available.
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 55 - Development on State Owned or Operated Property Within Floodplains and Floodplain Administrator Accreditation › Subchapter 1 - General Provisions › Section 785:55-1-1 - Authority and purpose

Current through Vol. 41, No. 20, July 1, 2024
(a)
Authority.
These rules have been promulgated and adopted
										pursuant to and as authorized by 82 O.S. 1981, §§1601 et seq., as amended.
(b)
Purpose of rules.
The purpose of these rules and
										regulations is to set forth the minimum criteria for development of state owned or state operated property
										within floodplains and to comply with the requirements necessary to establish eligibility and maintain
										participation in the National Flood Insurance Program, as set forth in the Federal Emergency Management
										Agency regulations at 44 C.F.R., Part 60. These criteria and requirements are to:
(1) Protect human life and health;
(2) Minimize expenditure of public money for costly flood control
										projects;
(3) Minimize the need for rescue and relief efforts
										associated with flooding and generally under taken at the expense of the general public;
(4) Minimize prolonged business interruptions;
(5) Minimize damage to public facilities and utilities such as water and
										gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains;
(6) Help maintain a stable tax base by providing for the sound use and
										development of flood-prone areas in such a manner as to minimize future flood losses;
(7) Insure that potential buyers are notified that property is in a flood
										area; and
(8) Allow for the procurement of flood
										insurance.
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 55 - Development on State Owned or Operated Property Within Floodplains and Floodplain Administrator Accreditation › Subchapter 1 - General Provisions › Section 785:55-1-3 - Administrative provisions

Current through Vol. 41, No. 20, July 1, 2024
(a)
General prohibition assumption and methods of development
A general prohibition assumption and methods of development are as follows:
(1) In making determinations hereunder, the Board shall, to the extent
										possible, prohibit damaging or potentially damaging increases in flood elevation or velocity caused by
										alterations in or encroachments upon the regulatory floodplain of state owned or operated property.
(2) All calculations of damaging or potentially damaging increases in flood
										elevation or velocity shall assume a reasonably equal degree of encroachment of existing and potential uses
										in the floodplain and shall take into account the cumulative impact of such encroachment.
(3) The Board shall consider acceptable methods of developing floodplain
										areas, including but not limited to the following to prevent significantly increased flood elevations and
										velocities and to minimize damages to floodplain uses:
(A) Location of
										structures, landfills or other development outside of the regulatory floodplain, thus preserving the
										floodplain for uses which have no significant effect on the storage and conveyance of floodwaters.
(B) Location of limited development in the floodplain in accordance with
										Subchapters 3 and 5 of this Chapter so that development will be in itself safe from flood damage and will
										preserve the base flood elevation.
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 55 - Development on State Owned or Operated Property Within Floodplains and Floodplain Administrator Accreditation › Subchapter 1 - General Provisions › Section 785:55-1-4 - Permits

Current through Vol. 41, No. 20, July 1, 2024
(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.
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 55 - Development on State Owned or Operated Property Within Floodplains and Floodplain Administrator Accreditation › Subchapter 3 - Development on State Owned or Operated Property Within the Floodplains › Section 785:55-3-1 - Development without base flood elevations determined or regulatory floodways delineated

Current through Vol. 41, No. 20, July 1, 2024
(a)
Applicability of section.
If a proposed development site is in a regulatory floodplain where no
										base flood elevations have been determined and no regulatory floodways have been delineated, the criteria and
										requirements of this section shall apply. Also, in such cases, all proposed development and substantial
										improvements shall:
(1) Be designed (or modified) and adequately anchored
										to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and
										hydrostatic loads, including the effects of buoyancy;
(2) Be
										constructed with material resistant to flood damage;
(3) Be
										constructed by methods and practices that minimize flood damages; and
(4) Be constructed with electrical, heating, ventilation, plumbing, and air
										conditioning equipment and other service facilities that are designed and/or located so as to prevent water
										from entering or accumulating with the components during conditions of flooding.
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 55 - Development on State Owned or Operated Property Within Floodplains and Floodplain Administrator Accreditation › Subchapter 3 - Development on State Owned or Operated Property Within the Floodplains › Section 785:55-3-3 - Development in delineated regulatory floodways

Current through Vol. 41, No. 20, July 1, 2024
(a)
Development where regulatory floodway
										delineated.
In areas in which a regulatory floodway has been delineated, the following shall apply to
										development in such delineated regulatory floodways in addition to those in
										785:55-3-1,
										785:55-3-2
										and
										785:55-3-4.
(b)
Regulatory floodway designation.
The Board shall designate
										regulatory floodways based on the principle that the area chosen for the regulatory floodway must be designed
										to carry the waters of the base flood, without increasing the water surface elevation of that flood more than
										one foot at any point.
(c)
Development or encroachments
										within regulatory floodway.
Encroachments, including fill, new construction, substantial improvements,
										and other development within the designated regulatory floodway are prohibited unless it has been
										demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering
										practice that the proposed encroachment would not result in any increase in flood levels within the community
										during the occurrence of the base flood discharge.
(d)
Increase in base flood elevations.
Enroachments within the designated regulatory floodway that
										would result in an increase in the base flood elevation are prohibited unless the applicant first makes
										application to FEMA and receives a conditional letter of map revision or floodway revision.
(e)
Modifications or additions.
For modification or additions,
										the following shall apply:
(1) Non-substantial improvements to existing
										structures which are located in a regulatory floodway or are vulnerable to flood damage may be allowed
										provided:
(A) The new construction does not increase flood damage potential
										of the structure and does not obstruct flood flows.
(B)
										Floodproofing of existing structures is allowed and encouraged, but must comply with these rules.
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 55 - Development on State Owned or Operated Property Within Floodplains and Floodplain Administrator Accreditation › Subchapter 3 - Development on State Owned or Operated Property Within the Floodplains › Section 785:55-3-4 - General requirements for development in any regulatory floodplain

Current through Vol. 41, No. 20, July 1, 2024
(a)
Applicability of
										section.
The provisions of this section shall apply to development within any regulatory floodplain,
										regardless of whether base flood elevations have been determined or regulatory floodways have been
										delineated.
(b)
Temporary fills.
Temporary fills,
										such as cofferdams or fills used during construction, may be used upon assumption of full responsibility by
										the sponsoring agency.
(c)
Roadways, bridges and public
										utilities within the regulatory floodplain.
For roadways, bridges and public utilities within the
										regulatory floodplain, the following shall apply:
(1) When failure or
										interruption of service of roadways, bridges, or public utilities would endanger public health or safety,
										such roadways, bridges, or public utilities shall be protected to the base flood elevation or to the
										elevation of the flood of record, whichever is greater. In other instances where only economic losses are
										threatened, protection shall be provided to the extent practical. A degree of protection less than the base
										flood elevation may be justified even in cases where overtopping could occur.
(2) The following provisions shall apply to all applicable construction:
(A) Buried crossings such as pipelines shall be maintained at least three
										(3) feet below the channel bottom.
(B) Modification, addition and
										replacement of existing roadways, bridges and public utilities shall be allowed providing adequate provision
										is made for the backwater effects of new flow obstructions in accordance with
										785:55-3-1,
										785:55-3-2,
										and
										785:55-3-3.
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 55 - Development on State Owned or Operated Property Within Floodplains and Floodplain Administrator Accreditation › Subchapter 5 - Variances and Exemptions on State Owned or Operated Property Within the Floodplains › Section 785:55-5-2 - Exemptions

Current through Vol. 41, No. 20, July 1, 2024
(a)
Agricultural uses.
These floodplain management rules in
										this Chapter shall not apply to usual agricultural purposes, the planting of crops, or the construction of
										farm ponds, provided that such activities do not pose a threat to public health, safety, and
										welfare.
(b)
Recreational or open-space use of land.
Any use of land in the regulatory floodplain for recreational or open-space purposes, not otherwise
										specifically addressed by this Chapter of the rules is exempt provided that such use does not alter the flood
										carrying capacity or the regulatory floodplain. Such uses may include but are not limited to non-enclosed
										boat docks, fishing docks and boat houses; floating stores and floating marinas which are walled and roofed;
										non-enclosed picnic shelters; anchored picnic tables; boat ramps; and unimproved parking lots.
Amended at 10 Ok Reg 3369, eff
											  6-25-93; Amended at 14 Ok Reg 2808, eff 7-1-97; Amended at 15 Ok Reg 2449, eff
											  6-11-98
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 55 - Development on State Owned or Operated Property Within Floodplains and Floodplain Administrator Accreditation › Subchapter 7 - Floodplain Administrator Accreditation Program › Section 785:55-7-1 - Authority and purpose

Current through Vol. 41, No. 20, July 1, 2024
(a)
Authority.
These rules are promulgated and adopted
										pursuant to and as authorized by 82 O.S. Supp. 2004, §1085.2 and 82 O.S. Supp. 2004, §§1603,
										1604, 1620 and 1620.1, as amended.
(b)
Purpose.
The
										purpose of this program is to provide a procedure for accrediting floodplain administrators and to assure
										that persons responsible for important economic decisions affecting health, safety and welfare of the State
										receive annual training to assist them in managing development in floodplains.
Added at 22 Ok Reg 1618, eff
											  7-1-05
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 55 - Development on State Owned or Operated Property Within Floodplains and Floodplain Administrator Accreditation › Subchapter 7 - Floodplain Administrator Accreditation Program › Section 785:55-7-2 - Subchapter definitions

Current through Vol. 41, No. 20, July 1, 2024
In addition to the definitions in Section
											  785:55-1-2 of this Chapter, the following words and
											  terms, when used in this subchapter, shall have the following meaning, unless the context clearly indicates
											  otherwise:
"Community"
means a town, city, or county, which has created
											  a floodplain board that has adopted floodplain regulations.
"Executive Director"
means Executive Director of the
											  Oklahoma Water Resources Board (Board).
"Floodplain administrator"
means a person accredited
											  by the Board and designated by a floodplain board, to administer and implement laws and regulations relating
											  to the management of floodplains [82:1603(6)].
"Floodplain regulations"
means the codes, ordinances
											  and other written requirements relating to the use of land and construction within the channel and floodplain
											  areas including, but not limited to, zoning ordinances, platting regulations, building codes, housing codes,
											  setback requirements and open area regulations [82:1603(8)]
adopted by a community floodplain board
											  in order to qualify for participation in the National Flood Insurance Program.
"Flood-prone areas"
means areas that are subject to, or are
											  exposed to, flooding and flood damage.
Added at 22 Ok Reg 1618, eff
											  7-1-05
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 55 - Development on State Owned or Operated Property Within Floodplains and Floodplain Administrator Accreditation › Subchapter 7 - Floodplain Administrator Accreditation Program › Section 785:55-7-3 - Designation of floodplain administrator

Current through Vol. 41, No. 20, July 1, 2024
The floodplain board or proper community official or community governing
											  body, as the case may be, for each community that participates in the National Flood Insurance Program shall
											  designate a person to serve as the floodplain administrator for the community. The floodplain administrator
											  may be part-time, full-time or contracted.
Added at 22 Ok Reg 1618, eff 7-1-05;
											  Amended at 25 Ok Reg 1479, eff 5-27-08
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 55 - Development on State Owned or Operated Property Within Floodplains and Floodplain Administrator Accreditation › Subchapter 7 - Floodplain Administrator Accreditation Program › Section 785:55-7-4 - Accreditation required

Current through Vol. 41, No. 20, July 1, 2024
All floodplain administrators must be accredited to act in the capacity
											  of a floodplain administrator.
Added at 22 Ok Reg 1618, eff
											  7-1-05
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 55 - Development on State Owned or Operated Property Within Floodplains and Floodplain Administrator Accreditation › Subchapter 7 - Floodplain Administrator Accreditation Program › Section 785:55-7-5 - Temporary accreditation period; first full accreditation period [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 22 Ok Reg 1618, eff 7-1-05;
											  Revoked at 25 Ok Reg 1479, eff 5-27-08
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 55 - Development on State Owned or Operated Property Within Floodplains and Floodplain Administrator Accreditation › Subchapter 7 - Floodplain Administrator Accreditation Program › Section 785:55-7-6 - Vacancies and replacement of floodplain administrators; notice to Board

Current through Vol. 41, No. 20, July 1, 2024
The community's floodplain board or appropriate community official or
											  community governing body shall contact the Board within thirty (30) days after a floodplain administrator
											  position becomes vacant. The floodplain board or appropriate community official shall use its best efforts to
											  designate a successor floodplain administrator within sixty (60) days after a vacancy occurs. The successor
											  must become accredited as described in Sections
											  785:55-7-7 and
											  785:55-7-8
											  within one hundred twenty (120) days after being designated as floodplain administrator.
Added at 22 Ok Reg 1618, eff 7-1-05;
											  Amended at 25 Ok Reg 1479, eff 5-27-08
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 55 - Development on State Owned or Operated Property Within Floodplains and Floodplain Administrator Accreditation › Subchapter 7 - Floodplain Administrator Accreditation Program › Section 785:55-7-7 - Accreditation application

Current through Vol. 41, No. 20, July 1, 2024
(a) All persons who are designated as a floodplain administrator by a
										community floodplain board, proper community official or community governing body, as the case may be must
										file an application for accreditation with the Board on a form provided by the Board.
(b) The application and supporting documentation will be reviewed by the
										Board's staff, Board staff will inform the applicant in writing regarding any deficiencies in the
										application.
(c) Completed applications will be presented to the
										Board with a recommendation from Board staff on whether to accredit the floodplain administrator.
(d) Proof of being a Certified Floodplain Manager
										(CFM®) under the Oklahoma Floodplain Managers Association (OFMA) or other
										association will fulfill the accreditation obligation.
Added at 22 Ok Reg 1618, eff 7-1-05;
											  Amended at 25 Ok Reg 1479, eff 5-27-08
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 55 - Development on State Owned or Operated Property Within Floodplains and Floodplain Administrator Accreditation › Subchapter 7 - Floodplain Administrator Accreditation Program › Section 785:55-7-8 - Initial accreditation requirements and standards

Current through Vol. 41, No. 20, July 1, 2024
(a) To obtain initial accreditation, the
										Board may consider the knowledge, experiences, skills, and training of an applicant in floodplain management
										and in minimization and prevention of flood hazards.
(b)
										Knowledge, experiences, skills, and training of an applicant in floodplain management and in minimization and
										prevention of flood hazards can be shown through documentation demonstrating one of the following:
(1) completion of a continuing education training approved by the
										Board;
(2) evidence of at least two (2) years of sufficient
										experience in floodplain management;
(3) proof of current
										standing as a CFM® in the certification program of OFMA or other association; or
(4) successful passage of an examination given by the Board.
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 55 - Development on State Owned or Operated Property Within Floodplains and Floodplain Administrator Accreditation › Subchapter 7 - Floodplain Administrator Accreditation Program › Section 785:55-7-9 - Expiration of accreditation and renewal of accreditation

Current through Vol. 41, No. 20, July 1, 2024
(a) All accreditations expire on June 30 of
										each year.
(b) Accreditation must be renewed each year. On or
										before July 1 of each year, each accredited floodplain administrator shall submit the following:
(1) renewal application on a form provided by the Board;
(2) documentation, such as an attendance certificate, showing completion of
										required continuing education unless otherwise determined by the Executive Director
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 55 - Development on State Owned or Operated Property Within Floodplains and Floodplain Administrator Accreditation › Subchapter 7 - Floodplain Administrator Accreditation Program › Section 785:55-7-10 - Continuing education requirement

Current through Vol. 41, No. 20, July 1, 2024
(a) Between July 1 and June 30 of each year,
										floodplain administrators shall attend at least six (6) hours of approved continuing education relating to
										floodplain management.
(b) Continuing education training provided
										by the Federal Emergency Management Agency, the Board, OFMA and the Association of State Floodplain Managers
										is presumptively approved. The Board must specifically approve continuing education training provided by
										others.
(c) Floodplain administrators may request pre-approval of
										continuing education training provided by others. Information concerning the continuing education training
										provided by others must be submitted to the Board for review and approval.
(d) Floodplain administrators may earn six (6) hours of approved continuing
										education by successfully completing the Board's Floodplain Management 101 Study Course.
Added at 22 Ok Reg 1618, eff
											  7-1-05
Oklahoma Administrative Code › Title 795 - Oklahoma Wheat Commission › Chapter 1 - Administrative Operations › Section 795:1-1-2 - Citation

Current through Vol. 41, No. 20, July 1, 2024
(a) 2 O.S., Sections 1021 et seq. may be cited as the Oklahoma Wheat Resources Act. [2:1021]
(b) The Wheat Commission is established for the Utilization, Research and Market Development of wheat grown in Oklahoma.
Oklahoma Administrative Code › Title 795 - Oklahoma Wheat Commission › Chapter 1 - Administrative Operations › Section 795:1-1-3 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words or terms, when used in this Chapter, shall have the following meaning unless the context clearly indicates otherwise:
"Commercial channels" means the sale of wheat for any use, when sold to any commercial buyer, dealer, processor, cooperative, or to any person, public or private, who resells any wheat or product produced from wheat. [2:1023(5)]
"Commercial quantities" means and includes all bushels of wheat produced for market in any calendar year by any producer. [2:1023(3)]
"Commission" means the Wheat Utilization, Research and Market Development Commission. [2:1023(1)]
"Current year" means current wheat marketing year beginning June 1 of each year and ending May 31 of the following year. [2:1024(D)]
"Due notice"shall be in conformance with the Administrative Procedures Act. Due Notice means notice published at least (20) days in advance in the "Oklahoma Wheat News" and the "The Oklahoma Register" which have general circulation over the state and the areas wherein wheat growers are located.
"First purchaser" means any person, public or private corporation, or partnership buying, accepting for shipment within the state or otherwise acquiring the property in or to wheat from a producer, and shall include a mortgagee, pledgee, lienor, or other person, public or private, having a claim against the producer, where the actual or constructive possession of such wheat is taken as part payment or in satisfaction of such mortgage, pledge, lien or claim. [2:1023(4)]
"Regulations"means a rule or order prescribed for management of government; a regulating principle.
"Respective district" means district in which eligible wheat producer resides. [2:1024(D)]
"Rules"means any agency statement of general applicability and future effect that implements, interprets or prescribes substantive law or policy or prescribes the procedure or practice requirements of the agency.
"Wheat producer"means anyone personally engaged in growing wheat, who markets wheat in commercial quantities in Oklahoma, and includes both the owner and tenant. [2:1023(2)]
Amended at 13 Ok Reg 1387, eff 5-13-96
Oklahoma Administrative Code › Title 795 - Oklahoma Wheat Commission › Chapter 1 - Administrative Operations › Section 795:1-1-4 - Commission membership

Current through Vol. 41, No. 20, July 1, 2024
(a) With the exception of the ex-officio members, the Governor shall appoint a Commission to be known as the Oklahoma Wheat Utilization, Research and Market Development Commission who shall advise and direct the Director of the Wheat Utilization, Research and Market Development Commission.
(b) The Commission shall be composed of five (5) members who:
(1) Are at least twenty-five (25) years of age and a resident of Oklahoma.
(2) Have been actually engaged in growing wheat in this state for a period of at least five (5) years; and;
(3) Derive a substantial portion of their income from growing wheat.
Oklahoma Administrative Code › Title 795 - Oklahoma Wheat Commission › Chapter 1 - Administrative Operations › Section 795:1-1-5 - District election rules

Current through Vol. 41, No. 20, July 1, 2024
(a) Election will begin at 1:00 p.m.
(b) All nominations will be made from the floor.
(c) There will be no nominating committees.
(d) No one person may nominate more than one name for a position.
(e) Nominations will be declared closed by the presiding officer after all nominations have been made.
(f) One secret ballot will be taken. Each qualified producer shall be eligible to vote for one nominee.
(g) The three candidates receiving the most number of votes during the one secret ballot will be the nominees whose names will be submitted to the Governor for selection of a Commission member. In case of a tie, a runoff will be held between the candidates involved in the tie vote. If a tie cannot be decided by a secret ballot, the nominee or nominees will be selected by lot.
(h) Any person nominated must agree to serve if appointed by the Governor.
(i) The presiding officer shall appoint three counters and shall designate one of them to record the votes for each candidate. The decision by a majority of the counters as to how each ballot shall be counted shall be final. Adequate watchers shall also be appointed.
(j) The presiding officer shall be the Chairman of the Oklahoma Wheat Commission. If the Chairman cannot be present, the presiding officer shall be the Vice-Chairman of the Commission, the Secretary-Treasurer of the Commission, or the Commissioner from the district holding the election.
(k) Adequate notice will be given of the date of an election.
(l) Eligibility to vote in an Oklahoma Wheat Commission District Election shall be: Each wheat producer who has paid his assessed fee and left the entire fee with the Commission during the current year shall be eligible to vote in the election for his respective district. It shall be the responsibility of the grower to provide proof of his eligibility to vote.
(m) Proof of voter eligibility shall include:
(1) a dated grain elevator receipt which includes the wheat producer's name and amount of wheat sold and
(2) a driver's license or some other form of identification.
Oklahoma Administrative Code › Title 795 - Oklahoma Wheat Commission › Chapter 1 - Administrative Operations › Section 795:1-1-7 - Removal from office

Current through Vol. 41, No. 20, July 1, 2024
A member to the Commission shall be removable by the Governor for cause. In addition to all other causes, a member ceasing to be a resident of the state, live in the district from which appointed, or actually be engaged in growing wheat in the state shall be deemed sufficient cause for removal from office. [2:1027]
Oklahoma Administrative Code › Title 795 - Oklahoma Wheat Commission › Chapter 1 - Administrative Operations › Section 795:1-1-8 - Election of officers; meetings; director

Current through Vol. 41, No. 20, July 1, 2024
(a)The first meeting of each fiscal year, the Commission shall elect a Chairman, Vice-Chairman, Secretary-Treasurer from among its members, and thereafter at the first meeting of each fiscal year. The Commission shall meet at least once every three (3) months and at such other times as called by the Chairman or by a majority of the Commission.
(b) The Commission shall appoint a full-time Director who shall carry out the provisions of these rules. The Director shall not be one of the appointed Commission members. No acting director or assistant director shall serve in a dual capacity while retaining membership as a Commission member.
(c) The Commission shall have the authority to hire other technical experts it needs to operate efficiently. [2:1028]
Oklahoma Administrative Code › Title 795 - Oklahoma Wheat Commission › Chapter 1 - Administrative Operations › Section 795:1-1-10 - Due notice

Current through Vol. 41, No. 20, July 1, 2024
The following information shall be used when notice is required to be given by the Commission on any procedure established by House Bill 508, 1965, on Public Hearings:
(1) When compelled to hold a public hearing, for whatever purpose, the Commission shall give notice of such hearing in the "Oklahoma Wheat News" general newspaper and the "The Oklahoma Register" which are publications of general circulation over the State and they reach most of the wheat growers. The Commission shall assume the cost of any such due notice by publication, except or otherwise specifically provided.
(2) At least twenty (20) days must elapse between the first publication and the date of the public hearing, except or otherwise specifically provided.
Oklahoma Administrative Code › Title 795 - Oklahoma Wheat Commission › Chapter 1 - Administrative Operations › Section 795:1-1-11 - Public hearing procedure for rules and regulations

Current through Vol. 41, No. 20, July 1, 2024
The Commission will give due notice of a public hearing on rules and regulations by stating time, place, date, and purpose of hearing.
(1) The meeting shall be attended by at least a quorum of Commission members, with one member appointed by the Chairman or the Chairman administering the hearing.
(2) Such public hearing shall follow this designated format:
(A) Hearing called to order.
(B) Introduction of board members who shall sit as a panel in front of those in attendance.
(C) Purpose of meeting announced.
(D) Asking those present to identify themselves by name, town and occupation or who they represent.
(E) Distribute copies of the rules and regulations to those present.
(F) Ask if there is anyone present who would like to comment upon the rules and regulations. The Commission will hear such comments or questions and answer them to the best of their knowledge.
Oklahoma Administrative Code › Title 795 - Oklahoma Wheat Commission › Chapter 10 - Funding Terms › Section 795:10-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The rules of this Chapter have been adopted for the purpose of complying with the provisions of the Administrative Procedures Act, 75 O.S., Section 250 et seq. and implementing the provisions of the Statutory Authority 2 O.S.1981, Sections 1021 et seq.