SECTION 300:35-11-3. Waivers

(a)   Upon written application and hearing, the Board of Directors of GRDA may grant a waiver, exception or modification to the requirements imposed on private and/or commercial permit applicants. Additionally, the Board of Directors may impose additional requirements upon any such applicant. Such waivers, exceptions, modifications, or additional requirements shall be based upon the totality of the circumstances, in consideration of public and environmental concerns.

(b)   In approving waivers of these rules, the Board shall consider the SMP and all positive and negative impacts to the following:

(1)   Characteristics of existing permitted and recreational uses within a half-mile radius of the proposed activity;

(2)   Shoreline topography and geometry;

(3)   Safety and navigation;

(4)   Environment;

(5)   Potential economic development and tourism benefits;

(6)   Recreational use; and

(7)   Statutory mandates.

(c)   The applicant shall be required to give notice and the Board shall allow for public comment before acting on any request for a waiver of these rules.

(d)   Public notice of the waiver request shall be given in accordance with guidelines established by the GRDA staff and shall include:

(1)   Publication in newspapers of general circulation, including the county in which the property is located; and

(2)   Mailing of written notice, via certified mail, return receipt requested, to all owners of property within one hundred fifty (150) feet from the outer edge of the proposed dock(s). Copies of certified mail receipts must be submitted to GRDA prior to any hearing and before GRDA posts any notice.

(3)   The waiver application shall be posted on GRDA's website for a period of at least thirty (30) days.

(4)   Any other notice as required by GRDA.

[Source: Added at 23 Ok Reg 1329, eff 5-25-06; Amended at 34 Ok Reg 1265, eff 9-11-17]