SECTION 785:55-1-3. Administrative provisions

(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.

(b)   Rules as minimum criteria. The provisions of these rules shall be construed to be minimum requirements to decrease and eliminate human-induced changes to the floodplain which may increase flooding. Natural and human-induced conditions may still cause floods to occur within and outside the floodplain in any event. The degree of flood protection required herein is based on engineering and scientific methods reflecting the current state of the art.

(c)   Administration. The Board, acting in its official capacity and/or by and through its Executive Director and Board staff, shall administer and enforce these rules.

(d)   Liabilities not imposed on Board. The rules of this Chapter shall not be deemed nor construed to create any liability on the part of the Board or any officer or employee thereof for any flood damages which might be alleged or claimed to have occurred or sustained as a result of reliance on these rules or any administrative decision lawfully made thereunder.

(e)   Prior use. Any state owned or operated buildings or uses within a regulatory floodplain that existed prior to May 13, 1980, which do not meet the minimum standards set forth herein may continue. However, unless brought into compliance with the minimum standards set forth herein, such prior uses may not be substantially improved, altered or enlarged.

(f)   Use of maps prepared by FEMA. The Board will utilize FHBMs, FBFMs, and FIRMs where appropriate in the administration of these rules.

(g)   Field surveys. All required field surveys shall be conducted under the supervision of a Registered Professional Engineer or Registered Land Surveyor and shall be so certified.

(h)   Open records. The Board shall maintain and hold open for public inspection all records submitted in accordance with this Chapter of these rules.

[Source: Amended at 14 Ok Reg 2808, eff 7-1-97]