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.

Added by Laws 1980, c. 179, § 12, emerg. eff. May 13, 1980. Amended by Laws 2002, c. 46, § 12, eff. Nov. 1, 2002; Laws 2011, c. 214, § 9.