§ 82-1615. Variances.

A.  A floodplain board may grant variances from requirements of floodplain management regulations that are more stringent than the minimum requirements of the Oklahoma Floodplain Management Act upon presentation of adequate proof that compliance with the local floodplain management regulations adopted pursuant to the Oklahoma Floodplain Management Act will result in an arbitrary and unreasonable taking of property without sufficient benefit or advantage to the people.  However, no variance shall be granted where the effect of the variance will be to permit the continuance of a condition which unreasonably creates flooding hazards.  Any variance so granted shall not be construed as to relieve any person who receives it from any liability imposed by the Oklahoma Floodplain Management Act or by other laws of the state.

B.  Any person seeking a variance shall file a petition with the floodplain board, accompanied by a filing fee of Twenty-five Dollars ($25.00).

C.  A floodplain 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 determining whether the variance shall be granted.  The floodplain board shall conduct a hearing for each requested variance.  At least thirty (30) days prior to the hearing, a notice of the time and place of the hearing shall be published at the petitioner’s expense in a newspaper of general circulation regularly published nearest the area of jurisdiction.  In no case shall variances be effective for a period longer than twenty (20) years.  A copy of any variance issued shall be sent to the Oklahoma Water Resources Board within fifteen (15) days after issuance.

Added by Laws 1980, c. 179, § 15, emerg. eff. May 13, 1980.  Amended by Laws 2002, c. 46, § 15, eff. Nov. 1, 2002; Laws 2011, c. 214, § 11.