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 785:55-5-1 - Variances

Current through Vol. 41, No. 20, July 1, 2024
(a)
State law applicable.
The Board shall hear and render
										judgment on request for variances from the requirements of these regulations in accordance with Title 82 O.S.
										1981, Section 1615.
(b)
Board discretion, hearing, term of variance.
The 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 determined whether the variance shall be granted. The Board shall conduct a hearing which complies
										with all requirements of the Floodplain Management Act, Title 82 O.S. 1981, Section
										1610(B),
										for public notice. In no case shall variances be effective for a period longer than twenty (20)
										years.
(c)
Variances for historic structures.
Variances may be granted for the reconstruction, rehabilitation or restoration of structures listed on the
										National Register of Historic Places of the State Inventory of Historic Places.
(d)
Conditions on variances.
Upon consideration of the factors
										noted above and the intent of these rules, the Board may attach such conditions to the granting of variances
										as it deems necessary to further the purposes and objectives of this Chapter of the rules.
(e)
Requirements for granting variances.
The following
										prerequisites for granting variances shall apply:
(1) Variances shall not
										be granted within any delineated regulatory floodway if any increase in flood levels during the base flood
										discharge would result. Notification of the denial of the requested variance shall be given to the applicant
										and shall be maintained with a record of all variance actions as required in
										785:55-1-4(f).
(2) Variances for uses which do not satisfy the requirements of the
										Oklahoma Floodplain Management Act shall only be granted upon a determination that the variance is the
										minimum necessary, considering the flood hazard, to afford relief and meets the following criteria:
(A) Showing a good and sufficient cause.
(B) A determination that the granting of a variance will not result in
										increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances,
										cause fraud on or victimization of the public, or conflict with existing local laws, ordinances or
										regulations.
(3) Any applicant to whom a variance is
										granted shall be given written notice that the structure will be permitted to be built with the lowest floor
										elevation below the base flood elevation, and that the cost of flood insurance will be commensurate with the
										increased risk resulting from the reduced lowest floor elevation, and will result in increased flood
										insurance premium rates up to amounts as high as $25.00 for each $100.00 of coverage. Applicants shall also
										be notified that construction below the base flood level increases risks to life and property.
(4) Variances shall only be issued upon a determination that the variance
										is the minimum necessary, considering the flood hazard, to afford relief.