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Oklahoma's Floodplain Management 101

Chapter 2 Appendix

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Appendix 2-1: The Oklahoma Floodplain Management Act

Download the Oklahoma Floodplain Management Act (Chapter 23)

For MORE information about the Oklahoma Floodplain Management Act, see Bulletin No. 1 published by the Oklahoma Water Resources Board.

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Appendix 2-2: Procedures for a Community to Enroll in the NFIP

When a community (i.e. county or municipality) wishes to enter the National Flood Insurance Program (NFIP), it must take several initial steps to meet both federal eligibility requirements and to insure proper compliance with the Oklahoma Floodplain Management Act. The following is a step-by-step procedure that should be followed by any city, town or county in Oklahoma when applying to enter the NFIP. Substate agencies may use the procedures below as a guideline when assisting municipal and county officials in getting communities into the Emergency or Regular Program of the NFIP. Tribal governments are not required to follow Title 82; however to help tribes administer their program effectively OWRB has recommended that tribes establish tribal floodplain boards.

PROCEDURES FOR COUNTIES

  1. The Board of County Commissioners shall by resolution establish a Floodplain Board, which has the authority to adopt, administer and enforce floodplain management regulations.
    • The County Floodplain Board shall be composed of five members appointed by the Board of County Commissioners, all of which must be residents of the county and must own or operate real property within the unincorporated area of the county. Terms of appointment to the County Floodplain Board shall vary from two to six years, and service shall be without Compensation. Removals shall be made by the Board of County Commissioners for cause only after a public hearing. Any vacancies shall be filled by appointment for the expired term only.
    • The Board of County Commissioners may designate members of an existing County Planning Commission to serve as a County Floodplain Board if those members meet the qualifications set forth above.
  2. The County Floodplain Board shall draft rules and regulations governing land use, building of structures, and construction in floodplains in unincorporated county areas. The Oklahoma Water Resources Board will provide guidelines to aid the County Floodplain Board in developing its rules and regulations. These guidelines will address the important aspects of (1) building and construction in floodplains, and (2) methodologies for determining 100-year floodplains.
    • Such rules and regulations shall include definitions of specific floodplain terms as used in the rules and regulations.
    • The County Floodplain Board shall also be responsible for determining the 100-year flood boundaries and elevations in the county's floodplains by either adopting federal, state or local maps (when available) or by developing such maps and information.
  3. Once the rules and regulations have been drafted, the Floodplain Board shall hold a public hearing within the county so that county residents and other interested citizens may comment on the proposed rules and regulations.
    • The County Floodplain Board shall, at least thirty (30) days prior to the date of the hearing, publish a Notice of Hearing in a newspaper of general circulation in the county. The notice shall specify the purpose, time, and place of the hearing.
    • Also, the County Floodplain Board shall, at least thirty (30) days prior to the date of the hearing, provide the Oklahoma Water Resources Board with written notification that such a hearing is forthcoming, accompanied by a copy of the proposed rules and regulations.
    • After the hearing, the County Floodplain Board resolves to adopt the floodplain regulations. The Floodplain Board must file a copy of the adopted regulations with the Oklahoma Water Resources Board within fifteen (15) days.
  4. After the County Floodplain Board adopts the regulations, the Board of County Commissioners must approve the rules and regulations by an appropriate resolution.

PROCEDURES FOR MUNICIPALITIES, CITIES OR TOWNS

  1. The municipal governing body (city council, town council, board of trustees) shall by resolution establish a Floodplain Board which has the authority to adopt, administer and enforce floodplain management regulations.
    • The Municipal Floodplain Board shall be composed of five members appointed by the municipal governing body. All the members must be residents of the municipality. Terms of appointment to the Municipal Floodplain Board shall vary from two to six years, and service shall be without compensation. Removals shall be made by the municipal governing body only after a public hearing. Any vacancies shall be filled by appointment for the unexpired term only.
    • The municipal governing body may designate members of an existing Planning Commission of the municipality to serve as the Municipal Floodplain Board if those members meet the qualifications set forth above.
  2. The Municipal Floodplain Board shall draft rules and regulations governing land use, building of structures, and construction in floodplains in the incorporated area of the municipality. The Oklahoma Water Resources Board will provide guidelines to aid the Floodplain Board in developing its rules and regulations. These guidelines will address the important aspects of (1) building and development in the floodplain, and (2) methodologies for determining 100-year floodplain.
    • Such rules and regulations shall include definitions of specific floodplain terms as used in the rules and regulations.
    • The Municipal Floodplain Board shall also be responsible for determining the 100-year flood elevations in the municipality's floodplain by either adopting federal, state or local maps (when available) or by developing such maps and information.
  3. Once the rules and regulations have been drafted, the Floodplain Board shall hold a public hearing within the municipality so that residents and other interested citizens may voice their opinions and views regarding the proposed rules and regulations.
    • The Municipal Floodplain Board shall, at least thirty days prior to the date of the hearing, publish a Notice of Hearing in a newspaper of general circulation in the municipality. The notice shall specify the purpose, time, and place of the hearing.
    • The Municipal Floodplain Board shall, at least thirty days prior to the date of the hearing, provide the Oklahoma Water Resources Board with written notification that such a hearing is forthcoming, accompanied by a copy of the proposed rules and regulations.
    • After the hearing, the Municipal Floodplain Board resolves to adopt the floodplain regulations. The Floodplain Board must file a copy of the adopted regulations with the Oklahoma Water Resources Board within fifteen days.
  4. After the Floodplain Board the regulations, the municipal governing body must approve the rules and regulations by an appropriate resolution.

FEMA AND STATE REQUIREMENTS
Finally, the Floodplain Board (for either municipality or county) must submit two completed copies of FEMA Form 81-64, Application for Participation in the National Flood Insurance Program [pdf], two certified copies of each resolution requesting participation in the National Flood Insurance Program, and two certified copies of the adopted floodplain regulations to:


FEDERAL EMERGENCY MANAGEMENT AGENCY
Mitigation pision
Federal Center, Region VI
800 North Loop 288
Denton, Texas 76201-3606

and one set of the above documents to:

OKLAHOMA WATER RESOURCES BOARD
Attention: Planning and Management
3800 North Classen Boulevard
Oklahoma City, Oklahoma 73118

The Federal Emergency Management Agency (FEMA) regional office will send a copy of the materials received from the community (county or municipality) to FEMA Headquarters in Washington, D. C. FEMA Headquarters reviews the community's floodplain regulations, and if approved, notifies the community's Floodplain Board, OWRB, and the FEMA regional office of the community's eligibility for flood insurance and the effective date that flood insurance can first be purchased by eligible residents in that community. If the application is not approved in Washington, the FEMA regional office will work with the community's Floodplain Board to resolve any problems causing such disapproval.

ENROLLING IN THE NATIONAL FLOOD INSURANCE PROGRAM (NFIP)
  1. Complete the Application for Participation in the National Flood Insurance Program.
  2. Adopt and certify the attached Orders concerning participation in the National Flood Insurance Program and the adoption of a map delineating the flood areas to be used if an official FEMA Flood Insurance Rate Map or Flood Hazard Boundary map has not been published.
  3. Adopt and certify legally enforceable regulations which meet or exceed the criteria stated in Part 60.3 of the National Flood Insurance Program Regulations. The Flood Model Damage Prevention Regulations can be adopted, without changes, to fulfill this requirement.
  4. Mail One Copy of All Documents and Maps to:
    OKLAHOMA WATER RESOURCES BOARD
    Attention: Planning and Management pision
    3800 N. Classen Boulevard
    Oklahoma City, Oklahoma 73118
  5. Mail Two Copies of All Completed Documents and Maps to:
    FEDERAL EMERGENCY MANAGEMENT AGENCY
    Mitigation pision
    Federal Center, Region VI
    800 North Loop 288
    Denton, Texas 76209-3606
  6. Maintain one copy of the completed application, orders, regulations and maps for your official records.

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Appendix 2-3: Minimum Federal and State NFIP Requirements



MINIMUM FEDERAL AND STATE REQUIREMENTS LEGAL REFERENCE
Maintaining for public inspection all flood permit records (floodproofing and elevation certificates) NFIP Regulations Section 59.22 (a)(9)(iii)
Notifying FEMA in writing of community boundary changes (annexations, incorporations, deannexations etc.) NFIP Regulations Sections 59.22 (a)(9)(v) 64.4 (b)
Using the Biennial Report to notify FEMA of variances granted NFIP Regulations Sections 59.22 (b)(2) and 60.6 (a)(6)(ii)
Using other reliable flood elevation data (preliminary, draft, or final) NFIP Regulations Section 60.3 (b)(4)
Updating floodplain management regulations within six months after FEMA revises NFIP regulations NFIP Regulations Section 60.7
Notifying FEMA of physical changes to the floodplain NFIP Regulations Section 65.3
Notifying state and adjacent communities on watercourse alterations or relocations NFIP Regulations Section 60.3 (b)(6)(7)
More restrictive regulations of state or local governments take precedence over NFIP regulations NFIP Regulations Section 60.1 (d)
Local Floodplain Boards OS Title 82, Sections 1604 & 1605
Floodplain Map OS Title 82, Section 1607
Development on state-owned or operated property within floodplains OS Title 82, Sections 1612 & 1617 and OWRB Rules and Regulations, Chapter 55

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Appendix 2-4: Landlord and Tenant

Click here to download the Oklahoma Residential Landlord and Tenant Act


Appendix 2-5: Oklahoma Residential Property Condition Disclosure Act

Click here to download the Oklahoma Residential Property Condition Disclosure Act [pdf]

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