SECTION 785:55-3-1. Development without base flood elevations determined or regulatory floodways delineated

(a)   Applicability of section. If a proposed development site is in a regulatory floodplain where no base flood elevations have been determined and no regulatory floodways have been delineated, the criteria and requirements of this section shall apply. Also, in such cases, all proposed development and substantial improvements shall:

(1)   Be designed (or modified) and adequately anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;

(2)   Be constructed with material resistant to flood damage;

(3)   Be constructed by methods and practices that minimize flood damages; and

(4)   Be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating with the components during conditions of flooding.

(b)   Other permits. The applicant for a proposed development permit shall assure that all necessary permits have been obtained for which approval is required by Federal or State law, including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C.1334, as amended.

(c)   Subdivision development in regulatory floodplains. Subdivision proposals and other proposed new development, including manufactured home parks, shall meet the requirements of these rules. If a subdivision proposal or other proposed new development is in a regulatory floodplain, any such proposals shall be reviewed to assure that:

(1)   All such proposals are consistent with the need to minimize flood damage within the regulatory floodplain;

(2)   All public utilities and facilities, such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage; and

(3)   Adequate drainage is provided to reduce exposure to flood hazards.

(d)   Water systems in regulatory floodplains. New and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the systems.

(e)   Sanitary sewers within regulatory floodplains. Sanitary sewers within regulatory floodplains shall be subject to the following:

(1)   New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters; and

(2)   Onsite waste disposal systems shall be located to avoid impairment to the system or contamination from the systems during flooding.

(f)   Development prior to delineation of regulatory floodway. Until a regulatory floodway is delineated, no new construction, substantial improvements, or other development (including fill) shall be permitted within a regulatory floodplain, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood more than one foot at any point within the community.

(g)   Base flood elevation data. All new subdivision proposals and other proposed developments (including proposals for manufactured home parks) greater than 50 lots or 5 acres, whichever is the lesser, shall include within such proposals base flood elevation data.

[Source: Amended at 10 Ok Reg 3369, eff 6-25-93]