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STATE OF OKLAHOMA

2nd Session of the 54th Legislature (2014)

SENATE BILL 1967	By:	Sykes

AS INTRODUCED

An Act relating to floodplain management; amending 82 O.S. 2011, Section 1612, which relates to construction or development in floodplain areas; requiring notice to real property owners in floodplain areas designated as ineligible for certain permits; stating time period; requiring notification by certified mail; prohibiting denial of certain permits following natural disaster without certain notice; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     82 O.S. 2011, Section 1612, is amended to read as follows:
Section 1612.  A.  After a floodplain board has adopted and submitted floodplain management regulations incorporating the most recent flood insurance rate maps or flood hazard boundary maps prepared by the Federal Emergency Management Agency or containing more specific information to delineate floodplains within the respective areas of jurisdiction to the Oklahoma Water Resources Board, all platting of land, all construction of dwelling units or commercial or industrial structures, and all future development within the delineated floodplain area is prohibited unless:
1.  Floodplain regulations have been adopted pursuant to the Oklahoma Floodplain Management Act for the delineated floodplain areas and are in full force and effect;
2.  Prior to the platting, construction, and other development, a development permit is granted by the floodplain board or accredited floodplain administrator if a floodplain administrator is authorized to issue development permits by the floodplain management regulations; or
3.  A development permit is granted by the Board, if development or construction is proposed on lands owned, held in trust or operated by the state.  Notice of the proposed construction or development must be provided by the permit applicant to the respective floodplain board of the county or municipality in which the development or construction is proposed thirty (30) days before the decision of the Board to approve a development permit for the construction or development.
B.  Development permits authorized by subsection A of this section may be issued when the applicable floodplain board, or accredited floodplain administrator or Board, as the case may be, determines that construction or development in the floodplain in question complies with the applicable floodplain regulations or rules and is not a danger to persons or property.
C.  Within one year following the effective date of this act, each floodplain board, accredited floodplain manager, municipality, county or other public entity or political subdivision with authority to issue or deny permits for construction, development or reconstruction following any natural disaster shall be required to serve owners of real property actual notice by certified mail using due diligence, if such real property is located in an area deemed to be in a designated floodplain, floodway or is otherwise not eligible to be issued a construction, development or reconstruction permit based on applicable floodplain regulations or rules or potential danger to persons or property.
D.  No permit for application for construction, development or reconstruction following a natural disaster shall be denied for reasons stated in subsection C of this section unless the issuing authority can verify the requesting property owner was notified their property was not eligible for issuance of a permit based on applicable floodplain regulations or rules or potential danger to persons or property.
SECTION 2.  This act shall become effective November 1, 2014.

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