2015 Oklahoma Statutes
Title 82. Waters and Water Rights
§82-1616. Appeals.
A. Appeals of any final decision of the Oklahoma Water Resources Board relating to a development permit shall be in accordance with the Administrative Procedures Act.
B. Appeals of the decision of a county or municipal floodplain board, or floodplain administrator, shall be taken to the board of adjustment for the area of jurisdiction involved in the appeal or to the governing body of the county or municipality where no board of adjustment exists.
C. Appeals may be taken by any person aggrieved or by a public officer, department, board or bureau affected by any decision of the floodplain board, or a floodplain administrator, in administering the floodplain management regulations.
D. The appeal shall be taken within a period of not more than ten (10) days, by filing written notice with the appellant body and the floodplain board, stating the grounds thereof.
E. An appeal shall stay all proceedings in furtherance of the action appealed from unless the floodplain board, or the floodplain administrator, from which the appeal is taken shall certify to the appellant body that by reason of facts stated in the certificate a stay would, in its opinion, cause imminent peril to life or property.
F. The appellant body shall have the following powers and duties:
1. To hear and decide appeals where it is alleged that there is error of law in any order, requirement, decision or determination made in the enforcement of the floodplain management regulations; and
2. Reverse or affirm wholly or partly, or may modify the order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the floodplain board or administrator from which the appeal is taken.
G. In acting upon any appeal, the appellant body shall apply the principles, standards and objectives set forth and contained in all applicable regulations and plans adopted.
Added by Laws 1980, c. 179, § 16, emerg. eff. May 13, 1980. Amended by Laws 2002, c. 46, § 16, eff. Nov. 1, 2002; Laws 2011, c. 214, § 12.
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