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

Universal Citation: OK Admin Code 785:55-5-1

Current through Vol. 41, No. 13, March 15, 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.

(f) Variances for functionally dependent use. Variances may be granted for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that:

(1) The criteria outlined in this subsection and subsection (h) are met, and

(2) The structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.

(g) Justification for variance in relation to lot size. Variances may be granted for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the requirements of this Section are met. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases.

(h) Variance prohibited if flood hazard. No variance shall be granted where the effect of the variance will be to allow the continuance or to establish a condition which unreasonably creates flooding hazards.

(i) Variances do not relieve liability. Variances granted shall not be construed as to relieve any person who receives it from any liability imposed by the laws of this state.

Amended at 10 Ok Reg 3369, eff 6-25-93

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