TITLE
300.
CHAPTER
35.
SUBCHAPTER
1. DEFINITIONS, PURPOSE AND APPLICATION
300:35-1-1.
Definitions
The following words and terms, when
used in this Chapter, shall have the following meaning, unless the context clearly
indicates otherwise:
"Authority or GRDA" means
the Grand River Dam Authority.
"Board" means the Board of Directors for the Grand River Dam
Authority.
"GM" or "CEO"
means the General Manager and/or the Chief Executive Officer of the Grand River
Dam Authority.
"GRDA land or GRDA property" means the land owned by GRDA.
The location and boundaries of GRDA land is determined by a legal
description (generally described by metes and bounds). Many times, a survey is necessary to
determine the boundary of GRDA land. A
particular elevation does not necessarily determine the boundary of GRDA
land. Additionally, GRDA and/or the U.S.
Army Corps of Engineers may have flowage easements over land.
"Wake" means the
track of waves left by a vessel or other object moving through the water and
such waves are greater than the natural waves in the immediate area of the
vessel or are cresting and showing white water or may cause injury to any
person or property.
"Waters of GRDA" means and refers to the waters of the Grand
River and its tributaries, including, but not limited to,
300:35-1-2.
Statutory authority
The Act (82 O.S.2001, § 861 et seq., as amended) creating the Grand
River Dam Authority prescribes the use that may be made of the properties and
waters of GRDA and authorizes GRDA to promulgate, prescribe and enforce rules
and regulations for the use, for recreational and commercial purposes, of its
lakes and shorelands, including the use of firearms and the inspection of all
vessels of every character proposing to operate or operating on said
lakes. The travel of vessels on the
waters of GRDA shall be in keeping with the following rules of GRDA in the
interest of public health, safety and convenience in the use of the waters and
the shorelands of GRDA.
300:35-1-3.
Application of state laws
The laws of the State of Oklahoma,
including the Oklahoma Boating Safety Regulation Act, 63 O.S.2001, § 4200 et seq., as amended, and the Oklahoma Penal
Code, 21 O.S.2001 § 1 et seq.,
as amended, apply to the waters of GRDA, in addition to the rules set out
herein. Failure to comply with these
laws and Rules may constitute a criminal offense.
300:35-1-4. Registration
of boats
The
Oklahoma Vessel and Motor Registration Act, 63 O.S.2001, § 4001 et seq., as amended, applies to the
waters of GRDA and must be complied with in addition to the Rules herein. Every vessel subject to the provisions of the
Oklahoma Vessel and Motor Registration Act must have state registration and a current
license by no later than June 30 of the current state fiscal year.
300:35-1-5.
Law enforcement division of GRDA
(a) GRDA
has created a law enforcement division for the purpose of enforcing these Rules
on the waters and
(b) The members of GRDA's law enforcement division are
hereby declared to be the enforcement officers for GRDA. The enforcement officers for GRDA may enforce
GRDA rules and regulations, those rules
and regulations as may be issued pursuant to the provisions of Section 4200 et seq. of Title 63 of the Oklahoma
Statutes, the provisions of Sections 861 et
seq. of Title 82 of the Oklahoma Statutes, and all violations of criminal
laws occurring within the boundaries of the counties where real property owned
or leased by GRDA is located. The
enforcement officers shall have the power of peace officers during the
performance of their duties, except in the serving and execution of civil
process.
(c) The officers shall, in the event of emergency,
assist in the rescue of any person who may be in danger and shall assist in the
saving of any property that is in danger of being lost or damaged. The officers shall have the authority to stop
and board any vessel at any time for the purpose of conducting a safety
inspection. They shall require the
operator of any vessel operating on the waters of the lakes in any manner which
is not in compliance with these Rules, or any applicable state law, to
immediately remove said vessel from the lake until compliance has been had.
(d) The
officers are charged with the duty of examining and inspecting proposed
locations for wharves, docks, dikes, anchorages, boat houses or any proposed
structures or improvements to be made upon the waters or lands of GRDA, and issuing
certificates of inspection; and causing all vessels to be registered with
proper registration numbers, or permit numbers, which shall be displayed upon
such vessels.
(e) GRDA's law
enforcement officers may cooperate with federal, state and local enforcement
officers in the enforcement of all federal and state laws upon the waters,
lands and properties of GRDA.
300:35-1-6. Permitted activities
No
person, firm, partnership, corporation or other entity shall perform any
activity which requires a permit prior to the receipt of such permit from GRDA.
For example, no dock may be placed upon the waters of GRDA until
such time as the applicant receives written notice that such activity may take
place. In the event a permitted activity
takes place prior to the issuance of a permit, or written permission from GRDA,
after notice and an opportunity to be heard as provided in Subchapter 21
herein, it may be ordered that no permit shall be issued for a period of time
up to and including three (3) years.
Additionally, GRDA may seek an injunction to prevent any further unauthorized
activity.
SUBCHAPTER
3. GENERAL PROVISIONS
300:35-3-1.
Free access
The
public shall have free access to the waters of the lakes and no charges shall
be made to the public for the right to engage in hunting, fishing, swimming or
non-commercial boating. The public shall
comply with all state hunting and/or fishing laws and rules.
300:35-3-2.
Grand
Lake, Lake Hudson, and W.R. Holway Reservoir are flood control and hydro
electric power projects, and it is recognized and understood that the elevation
of the waters in said lakes will vary from time to time as operations for flood
control and hydro electric power generation demand, and the water rights
granted under these Rules shall be subject to these conditions and all laws
governing the Grand River Dam Authority and shall be subject to all federal and
state laws and rules governing the control storage release and use of the
waters of Grand River, Grand Lake, Lake Hudson, and W.R. Holway Reservoir.
300:35-3-3.
Liability
(a) GRDA
shall never be liable in any manner whatsoever because of the quantity or
quality of the water in its lakes, nor shall GRDA ever be liable for any damage
that the permittee may sustain to person or property which may be occasioned by
or result from the construction, maintenance and operation of GRDA's projects
and the Fort Gibson Reservoir.
(b) Neither
GRDA nor any representative thereof assumes any responsibility for loss or
damage to life or property by theft, storm, accident or otherwise, in
connection with or growing out of the exercising of the privileges conferred by
any permit which may be issued in accordance with these Rules.
(c) Nothing
contained in these Rules shall operate to relieve the owners of vessels from
complying with, or from the obligation of complying with, the applicable laws
of the
300:35-3-4. Payment of fees
No
permit or license, private or commercial, shall be issued until the appropriate
fee has been paid.
300:35-3-5. Transfer or assignment of permit prohibited
Transfer or assignment of permits or licenses issued
hereunder (both private and commercial) shall not be made except with written
consent and approval of GRDA. No person, firm or corporation shall allow his
or its name to be used by any other person, firm or corporation to do any work
under his or its permit.
300:35-3-6.
Cancellation/termination of permit or license
(a) Permits
and licenses issued pursuant to these Rules are subject to cancellation in the
event the holder fails, refuses or omits to comply with any of the requirements
of these Rules, the terms and conditions of the permit, or to make payments
when due. In addition, GRDA will notify
the Oklahoma State Department of Health and the utility company furnishing
electricity of any water or irrigation pump reported to be in an unsafe
electrical condition.
(b) Permits
and licenses issued under and pursuant to these Rules may be terminated by
either party upon giving the other party thirty (30) days written notice prior
to the end of any calendar year.
300:35-3-7.
Rights reserved
These
Rules do not cover the taking or using of water for any purpose or use other
than those specifically covered herein.
300:35-3-8.
Roads and highways
The
existing public rights-of-way to the waters or shorelands and boat ramps
sponsored by GRDA shall remain open as a way of free public passage to and from
the waters of GRDA.
300:35-3-9.
Fishing and hunting
Fishing
or hunting within restricted areas will not be permitted, nor will hunting or
fishing be permitted within two hundred (200) feet of the tailraces below the
dams; nor will hunting or fishing, except commercial bait operators, be
permitted at such other points on or about the lakes where such use will unduly
interfere with navigation or proper conduct of the business of GRDA or endanger
the public.
300:35-3-10.
Firearms
(a) Only
shotguns and proper archery equipment are allowed on GRDA property, except that
hunters may use rifles and pistols, in compliance with state laws and wildlife
regulations, on GRDA property which has been designated as a Wildlife
Management Area.
(b) All
hunting on any GRDA property shall be conducted in accordance with Oklahoma
Department of Wildlife Conservation regulations. If hunting within ¼ mile of GRDA waters, only
nontoxic shot may be used.
(c) The
discharge of any firearms or bows in, over or across the waters of the lakes is
expressly prohibited except as regulated by the Oklahoma Department of Wildlife
Conservation. In no event shall the use
of firearms or bows be conducted in a manner which interferes with the business
of GRDA's projects or endangers the public.
(d) Persons
properly licensed to carry concealed weapons may do so only in accordance with
the laws of the State of
300:35-3-11.
Gas and oil storage
The
keeping or storage of gasoline and other combustible fuels, except for fuel
tanks installed in vessels, in, upon or about GRDA lands and waters will not be
permitted unless the location and detailed storage plans therefor are first
submitted to and approved by GRDA and comply with all applicable state and
federal statutes.
300:35-3-12.
Health and sanitation
(a)
All
sanitary rules, regulations, and laws shall be complied with prior to the
granting or renewal of any GRDA permit.
(b)
In
the interest of public health, sanitation and safety, there shall be no camping
on GRDA's lands except in a designated camping area.
(c)
Bottles,
cans, garbage, rubbish, refuse, debris, wreckage, bilge water containing oil or
grease, or materials used in the process of cleaning the outer surfaces of
vessels, or any other material of any kind shall not be thrown into or released
upon the lakes or deposited or dumped upon the shores of the lakes or upon any
land under the jurisdiction of GRDA.
(d)
No
septic tank, lateral line or lagoon shall be placed on the shorelands of
GRDA. No sewage shall be disposed of in
the waters or on the shorelands of GRDA.
No person shall operate a vessel equipped with a marine toilet which is
not a total retention system in accordance with federal regulations regarding
marine toilets (63 O.S.2001, § 4213(B)).
(e)
The
preparation and marking of beaches shall be in such manner as to provide
reasonable safety in their use.
Commercial beaches shall be provided with adequate and sanitary dressing
rooms, toilets, showers and other necessary accessories for public convenience
and safety.
300:35-3-13. Repeal
All
rules and regulations adopted by the Authority which conflict with the
provisions of these Rules are hereby revoked, cancelled and repealed.
SUBCHAPTER
5. BOATING SAFETY RULES
300:35-5-1.
Careful operation of a vessel
No
person shall operate or give permission to operate a vessel in a wake zone at a
speed which is other than reasonable and prudent and which shows due regard for
the existence of actual or potential hazards and obstacles, or in such a manner
as to endanger the life, limb or property of any other person, or in such
manner as to create a wake. For the
purpose of this rule, "no wake zone" means any area posted with buoys
or within one hundred fifty (150) feet of any boat ramp, dock, pier, or
anchored or moored vessel. (63 O.S.
2001, § 4210.4(B))
300:35-5-2.
Towing activities
(a)
No
person shall operate or give permission to operate a vessel on any waters of
this state towing a person or persons using parasails or on water skis, a
surfboard, a sailboard or similar device, nor shall any person engage in
parasailing, water skiing, surfboarding, sailboarding or similar activity at
any time between the hours from sunset to sunrise or at such time visibility
due to other existing conditions is obscured so as to endanger life or
property. (63 O.S. Supp.2004, § 4212(B).
(b)
Pursuant
to 63 O.S.Supp.2004, § 4212, the following applies to water skiing,
wakeboarding, or similar towing activities:
(c)
No
person shall operate or give permission to operate a vessel on any GRDA waters
for towing a person or persons using parasails or on water skis, a surfboard,
or similar device unless there is in such vessel:
(1) a person who is at least eight (8) years
old, and who, in addition to the operator, is in a position to observe the
progress of the person or persons being towed, or
(2) if the vessel is not a personal
watercraft, an efficient wide angle convex rear view mirror installed on such
vessel in such manner as to permit the person operating said vessel to face the
direction of travel and be in a position to observe the progress of the person
or persons being towed, or
(3) if the vessel is a personal watercraft,
two (2) efficient wide angle convex rear view mirrors installed on such vessel
in such manner as to permit the person operating such watercraft to face the
direction of travel and be in a position to observe the progress of the person
or person being towed.
(d)
Water
skiing shall be allowed with any watercraft which is designed to accommodate
two or more persons.
300:35-5-3. Flotation
device required
All
vessels shall carry a U.S. Coast Guard approved flotation device (life
preserver) for each person on board. The
operator of a vessel less than twenty-six (26) feet in length, while under way,
shall require each passenger twelve (12) years of age or younger to wear a U.S.
Coast Guard approved flotation device. Any person operating or manipulating, or
who is a passenger on a personal watercraft, water skis, a sailboard,
surfboard, parasail or a similar device shall wear a U.S. Coast Guard approved
flotation device. (63 O.S.2001, § 4206.)
300:35-5-4.
Sitting and standing in vessel
No
person shall sit or ride on the sides of a vessel, a covered bow or the back of
any seat of a vessel, or stand in a vessel while under way at any speed greater
than idle or trolling speed; unless, the vessel is specifically designed for
such use, pursuant to 63 O.S.2001, §§ 4210.6 & 4210.7.
300:35-5-5.
Required equipment
(a)
Each
vessel which is less than twenty-six (26) feet in length, other than a personal
watercraft, shall be equipped with a paddle or set of oars, anchor, bailing
device and fire extinguisher. All other
vessels shall be equipped in accordance with
(b)
All
vessels must be equipped with proper and working navigations and anchoring
lights as provided by law.
300:35-5-6.
Prohibited areas
All
vessels are prohibited from entering any area within 200 feet below
300:35-5-7.
Night speed limit
It
shall be unlawful for any person to operate any vessel upon the waters of GRDA,
between the hours of one-half hour after sunset and one-half hour before
sunrise at any speed in excess of thirty-five (35) miles per hour. Any person violating the provisions of this
section shall be guilty of a misdemeanor and shall be punishable by a fine of
not less than Fifty Dollars ($50.00) nor more than Two Hundred Fifty Dollars
($250.00). (63 O.S. 2001, § 4219).
300:35-5-8.
Skiing prohibited
(a) No
skiing is allowed upstream of the
(b) Wake jumping
is prohibited in Cowskin and Elk River and in any arm of
300:35-5-9. Persons
on personal watercraft
The number of persons riding on a
personal watercraft shall be limited to that number as recommended by the
manufacturer. Any person being towed
behind a personal watercraft shall count as one (1) person riding on a personal
watercraft.
SUBCHAPTER 7. VESSELS
300:35-7-1.
Inspection, registration and certificate
of safety
(a)
All vessels operated upon the waters of GRDA may be
inspected at any time by GRDA's Law Enforcement for safety equipment.
(b)
All
vessels and equipment used for transportation of the public for pecuniary gain
or profit shall be subject to inspection during each permit year by GRDA.
(c)
All vessels must be licensed under the Oklahoma Vessel
and Motor Registration Act.
300:35-7-2.
Loose and derelict vessels
Any
loose, derelict or apparently abandoned vessel found on the lakes, or shores of
the lakes, may be impounded by GRDA, and any expense in connection with its
impoundment shall be the responsibility of the owner.
300:35-7-3.
Anchorages
Vessel
anchorages shall not be allowed off the shore of the waters of GRDA in any one
location for a continuous period in excess of forty-eight (48) hours. At the end of a forty-eight (48) hour period,
a new anchorage may not be taken up within a distance of one (1) mile of the
anchorage previously used. No buoy may
be used as an anchorage without the permission of its owner.
300:35-7-4.
Vessel operating distance
No
person shall operate any vessel, including personal watercraft, within fifty
(50) feet in proximity to another vessel when running at speeds of over ten
(10) miles per hour. (63 O.S.Supp.2004,
§ 4210(F)).
300:35-7-5.
Water muffling
Except
for a sanctioned event, no person shall operate a vessel or motor which is not
equipped with a muffler or muffler system in good working order. The use of cutouts, removal of mufflers or
muffler baffles, cutting or punching of holes in mufflers or otherwise
modifying the original muffler or muffling system installed by the manufacturer
or any subsequent muffler or muffling system so as to increase or modify the
noise level is prohibited. (63 O.S.2001,
§ 4208).
300:35-7-6.
Noise abatement
No
person shall operate a vessel that exceeds the noise level of ninety (90)
decibels on an A-weighted scale when subjected to a sound level test as prescribed
by SAE J2005 within fifty (50) feet of any public or private dock or at any
location between the hours of 9:00 p.m. through 9:00 a.m. C.S.T.
300:35-7-7.
Wake damage
All
vessel operators shall be held responsible for any damage that their wake might
cause to property. No person shall
operate or give permission to operate a vessel in a wake zone at a speed which
is other than reasonable and prudent and which shows due regard for the
existence of actual or potential hazards and obstacles, or in such a manner as
to endanger the life, limb or property of any other person, or in such a manner
as to create a wake. "No wake zone"
means any area posted with buoys or within one hundred fifty (150) feet of any
boat ramp, dock, pier or anchored or moored vessel.
300:35-7-8.
Minimum age
No person
shall cause, allow, authorize, or permit any child under twelve (12) years of
age to operate and no child under twelve (12) years of age shall operate any
vessel powered by a motor or combination of motors in excess of ten (10)
horsepower or any sail-powered vessel sixteen (16) feet or greater in length,
unless accompanied on the vessel by another person sixteen (16) years of age or
older. 63 O.S.Supp. 2004, § 4210(G)
300:35-7-9.
Hazardous acts
(a) In
addition to the rules of travel for operation of vessels upon the lakes, all
vessels shall be operated in such a manner as will best safeguard the lives and
property of others upon the lakes.
(b) Any person conducting himself/herself in
such a manner as to endanger the health and safety of others upon the lakes or
lands of GRDA, or violate any of the statutes of the State of Oklahoma, may be
removed from the lakes or lands of GRDA and subject to the penalty of any
applicable law.
300:35-7-10. W.R.
Holway reservoir
With the exception of the
300:35-7-11. Penalties
(a)
GRDA
law enforcement personnel may verbally order any person, firm, partnership,
corporation, or any other entity that is violating any provision found in Title
63 or Title 21 of the Oklahoma Statutes or in any GRDA rules to immediately
exit the waters and/or lands of GRDA.
Failure to obey the verbal order may result in the law enforcement
personnel enforcing the provisions of 63 O.S.2001, § 4221 which provides that
such failure to comply will constitute a misdemeanor punishable by a fine not
to exceed Two Hundred Fifty Dollars ($250.00).
(b)
Additionally,
any such person or entity, after notice and an opportunity to be heard as
provided in Subchapter 21 herein, may be banned from the waters and/or lands of
GRDA for a period of time up to, and including, ninety (90) days.
300:35-7-12. Duck Creek boating rules
Due to the unique nature of Duck Creek on
the
SUBCHAPTER 9.
SANCTIONED EVENTS
300:35-9-1. Sanctioned event definition
A
sanctioned event is any organized event which has been permitted by GRDA that
occurs on the waters and lands of GRDA, including, but not limited to,
regattas, motorboat or other boat races, marine parades, tournaments, fishing
tournaments, "poker" runs, rock-climbing, and exhibitions.
300:35-9-2. Permit required
No
sanctioned event shall be held without a written permit issued by GRDA at least
ten (10) days prior to the event. An
application for such permit is available at the GRDA Ecosystems Management
Office, located at the west end of Pensacola Dam in
300:35-9-3. Public and environmental safety
(a)
GRDA
law enforcement shall require that any sanctioned event be held in a safe
manner and under safe environmental conditions.
(b)
Any
vessel operating in an unsafe manner, or without due regard to other vessels,
water skiers, swimmers, sanctioned events, restrictive markers or buoys,
existing wind or weather conditions, waves, or wakes, may be immediately removed
from the waters of GRDA by GRDA law enforcement.
(c)
GRDA
may require that any sanctioned event conform to specific environmental
requirements for the purpose of protecting fish, wildlife, or habitat. Such requirements shall be specified on the
sanctioned event permit. Any sponsor of
a sanctioned event, or any participant in such sanctioned event, which fails to
follow the environmental requirements may be immediately removed from the
waters of GRDA by GRDA law enforcement.
(d)
In
addition to the penalties specified herein, any person violating this rule may
be subject to criminal sanctions as provided by law and any other penalties as
provided in 300:35-7-11.
SUBCHAPTER 11.
PERMITS FOR WHARVES,
LANDINGS, BUOYS, BREAKWATERS AND DOCKING FACILITIES
300:35-11-1.
Private use
No
person, firm, association, partnership or corporation may construct, install,
relocate or operate any wharf, dock, landing, anchorage, boat house or
breakwater on waters or shorelands of GRDA until a private dock permit shall
have been issued by GRDA. An application
for a private dock permit is available at the GRDA Ecosystems Management Office,
located at the west end of Pensacola Dam in
300:35-11-2.
Commercial use
No
person, firm, association, partnership or corporation may construct, install,
relocate or operate any wharf, dock, landing, anchorage, boat house or
breakwater for pecuniary profit or gain, directly or indirectly, on waters or
shorelands of the lakes until a commercial dock permit shall have been issued
by GRDA. The Federal Energy Regulatory
Commission (FERC) must also approve an application. An application for a commercial dock permit
is available at the GRDA Ecosystems Management Office, located at the west end
of Pensacola Dam in
300:35-11-3.
Waivers
(a)
Upon
written application and hearing, the Board of Directors of GRDA may grant a
waiver, exception or modification to the requirements imposed on private and/or
commercial permit applicants.
Additionally, the Board of Directors may impose additional requirements
upon any such applicant. Such waivers,
exceptions, modifications, or additional requirements shall be based upon the
totality of the circumstances, in consideration of public and environmental
concerns.
(b)
In
approving waivers of these rules, the Board shall consider positive and
negative impacts to the following:
(1) Characteristics, zoning and prevailing
permitted uses within a half-mile radius of the proposed activity;
(2) Shoreline topography and geometry;
(3) Safety, navigation and flood control
requirements;
(4) Environmental impacts;
(5) Potential economic development and tourism
benefits;
(6) Recreational use impacts; and
(7) Statutory mandates.
(c)
The
applicant shall be required to give notice and the Board shall allow for public
comment before acting on any request for a waiver of these rules.
(d)
Public
notice of the waiver request shall be given in accordance with guidelines
established by the GRDA staff and shall include:
(1) Publication in newspapers of general
circulation, including the county in which the property is located; and
(2) Mailing of written notice, via certified
mail, return receipt requested, to all owners of property within a three
hundred (300) foot radius of the exterior boundaries of the subject shoreline
property. Copies of certified mail
receipts must be submitted to GRDA prior to any hearing and before GRDA posts
any notice.
(3) The waiver application shall be posted on
GRDA’s website for a period of at least thirty (30) days.
(4) Any other notice as required by GRDA.
300:35-11-4.
Electrical inspections
(a)
Each commercial and private boat dock shall comply with
and be maintained in accordance with all laws, regulations and codes regarding
electrical systems and wiring.
(b)
All commercial and private boat docks constructed or
modified after June 1, 2006 shall be required to provide to GRDA, within thirty
(30) days following completion, a certificate signed by a licensed electrical
contractor, evidencing compliance with all laws, regulations and codes
regarding electrical systems and wiring.
(c)
Before a dock permit may be transferred, a certificate
signed by a licensed electrical contractor evidencing compliance with all laws,
regulations and codes regarding electrical systems and wiring shall be provided
to GRDA.
300:35-11-5.
Breakwaters
(a)
A
breakwater is a structure used to protect docks, shoreline, or other structures
by stopping or slowing waves or wakes.
(b)
No
breakwater shall be placed in the waters of GRDA without a permit. An application for such permit is available
at the GRDA Ecosystems Management Office, located at the west end of Pensacola
Dam in
(c)
Breakwaters
must be anchored in permanent locations and must have proper lighting. The owner of a breakwater shall be
responsible for maintaining it in a safe and environmentally acceptable manner.
300:35-11-6.
Buoys
(a)
No
buoy shall be placed or replaced without a permit from GRDA. An application for such permit is available
at the GRDA Ecosystems Management Office, located at the west end of Pensacola Dam
in
(b)
All
buoys placed on the lakes shall be commercially manufactured units approved by
the
300:35-11-7.
Railways, tram systems, fences, ramps and
retaining walls
(a) No
private or commercial railways, tram systems, fences, ramps or retaining walls
shall be constructed on GRDA property without first obtaining a permit. An
application for such permit is available at the GRDA Ecosystems Management
Office, located at the west end of Pensacola Dam in
(b) Railways,
tram systems, fences and retaining walls shall be maintained in a manner such
that all electrical systems are to code, that environmental guidelines are met,
and that the structures are safe and pose no risk or threat to the public.
(c) No
ramp shall be constructed unless the ramp may be accessed by at least twenty-five
(25) homeowners or the public at large.
Approval from the U.S. Army Corps of Engineers may also be
required.
(d) The applicant
shall submit complete and detailed maps, plans and specifications for the
proposed construction and its location, including a statement of the purpose(s)
for which the work is to be done. The
applicant must also be required to furnish a survey prepared by a licensed
surveyor or engineer showing the location of GRDA's taking (property) line in
the project area and shall have such line staked on the ground.
300:35-11-8.
Removal and cancellation for failure to comply
(a)
If,
at any time, any such dock, wharf, boat house, breakwater, buoy or any other
structure, private or commercial, is not constructed with generally-accepted
building materials and pursuant to generally-accepted construction practices,
or installed in accordance with the plans and specifications approved by GRDA,
or if such works are not kept in good state of repair and in a good, safe and
substantial condition, are not inspected by a
licensed electrical contractor as provided herein, or upon failure of payment
of any fee when due, GRDA, after notice and opportunity to be heard in
accordance with Subchapter 21 herein, shall have the right to remove or cause
to be removed from GRDA's waters and lands such structure and/or cancel any
license or permit in the event the owner thereof fails to repair or remove the
same after being notified by GRDA to repair or remove the same.
(b)
Any loose or abandoned dock shall be impounded by GRDA and
the owner shall be responsible for any expense incurred by GRDA. GRDA will notify the Oklahoma State
Department of Health and the utility company furnishing electricity of any dock
reported to be in an unsafe electrical condition.
(c)
In
the event GRDA removes a dock, wharf, boat house, breakwater, buoy, fence,
retaining wall, railway or any other structure, private or commercial, the
owner of same shall be required to pay all costs of such removal and may be
required to pay all costs related to the repair and reclamation of GRDA lands
and waters associated with the removal.
300:35-11-9.
Location and site to be returned in good
condition
Within
thirty (30) days after expiration or termination of any permit, the holder
shall remove all works and facilities from the lakes and lands of GRDA and
shall leave the premises in as good condition as they were before the
construction of said works and facilities.
300:35-11-10.
GRDA sole judge
GRDA
shall be the sole judge as to whether or not structures are constructed and
maintained in accordance with these Rules and Regulations, or kept and operated
in a good and safe condition.
300:35-11-11.
Expiration of permit
(a)
The
construction of docks, breakwaters, buoys, railways, tram systems, and
retaining walls, or approved modifications to same, must be completed within seven
(7) years from the date the permit or modification approval is issued unless
the permit specifically provides otherwise.
(b)
If
the permit expires, the permit is null and void.
300:35-11-12. Dock modification prohibited
Any
person, firm, corporation, business or other entity must obtain permission from
GRDA prior to making any modification, change, addition or improvement to an
existing dock. If a dock will be
reconfigured, modified, or expanded from the plans and specifications
originally submitted for the construction of the dock, such change must be
approved in advance by GRDA. Approval from the Federal Energy Regulatory
Commission (FERC) may also be required. This rule applies to both private docks
and commercial docks.
SUBCHAPTER 13.
PERMITS FOR DIKES, EXCAVATIONS, DREDGINGS
EROSION CONTROL DEVICES, AND SHORELINE STABILIZATION
300:35-13-1. Permit required
(a)
The
contour, elevation or surface of any of GRDA's lands or the reservoir bed shall
not be changed in any manner whatsoever by the construction of dams, dikes,
jetties, channels, canals or landings until and unless a permit has been issued
by GRDA.
(b)
No person, firm, partnership, corporation or other entity
may excavate, dredge, stabilize or make any improvement or change upon GRDA
land or waters until a permit shall have been issued by GRDA. Approval from the Federal Energy Regulatory
Commission (FERC), the U.S. Army Corps of Engineers (Corps), and other state
and local agencies may also be required.
All such activities shall be performed in strict accordance with the plans and specifications
approved by GRDA (and, if required, by FERC and the Corps). An application for such permit is available
at the GRDA Ecosystems Management Office, located at the west end of Pensacola
Dam in
300:35-13-2.
Erosion control devices
(a)
Erosion control devices. These devices may be permitted to protect the
existing shoreline. These types of
structures must not be for the purpose of landscaping or beautifying the area
with little erosion control value. In
some cases, permission may also be required from the U.S. Army Corps. of
Engineers. An application for a permit
for an erosion control device is available at GRDA Ecosystems Management
Office, located at the west end of Pensacola Dam in
(b)
During
construction activities, GRDA shall require that appropriate erosion and
sediment control measures be utilized to prevent pollution of GRDA waters.
(c)
All
material which accumulates behind sediment control structures must be removed
from GRDA land and placed at an upland site above the applicable flowage
easement.
(d)
Disturbed
sites must be promptly stabilized with seeding, vegetative planting, erosion
control netting, and/or mulch material.
(e)
Vegetation
removed for erosion control project must be replaced with native species of
vegetation.
300:35-13-3. Excavation and dredging
(a)
All
excavation and dredging activities on GRDA-owned property require a permit from
GRDA. An application for such permit may
be obtained from the GRDA Ecosystems Management Office, located at the west end
of Pensacola Dam in
(b)
Excavation
of individual boat channels shall be approved only when GRDA determines there
is no other practicable alternative to achieving sufficient navigable water
depth and the action would not substantially impact sensitive resources.
(1) No
more than two thousand (2,000) cubic yards of material shall be removed for any
individual boat channel.
(2)
The
length, width, and depth of approved boat channels shall not exceed the
dimensions necessary to achieve six (6) foot water depths for navigation of the
vessel at the minimum projected water elevation.
(3)
Each
side of the channel shall have a slope ratio of at least 3:1.
(4)
Only
one (1) boat channel or harbor may be considered for each abutting property
owner.
(5)
The
grade of the channel must allow drainage of water during reservoir drawdown
periods.
(6)
Spoil
material from channel excavations must be placed in accordance with any
applicable local, state, and federal regulations at an upland site above the applicable
flood plain.
(A) Dredging for new or previously authorized areas shall not
occur during the months of April, May, June and July to avoid potential impact
to fish spawning areas.
(B) Excavation
within vegetated wetlands is not authorized.
300:35-13-4.
Shoreline stabilization
(a) GRDA may issue permits allowing adjacent
residential landowners to stabilize eroding shorelines on GRDA-owned
residential access shoreland. GRDA will
determine if shoreline erosion is sufficient to approve the proposed
stabilization treatment. No shoreline stabilization activities may be conducted
until a permit from GRDA is issued. An
application for a permit may be obtained from the GRDA Ecosystems Management
Office, located at the west end of Pensacola Dam in
(b) Biostabilization of eroded shorelines.
(1) Moderate
contouring of the bank may be allowed to provide conditions suitable for
planting of vegetation.
(2)
Tightly
bound bundles of coconut fiber, logs, or other natural materials may be placed
at the base of the eroded site to deflect waves.
(3)
(4)
Native
vegetation may be planted within the shoreline management zone to help minimize
further erosion.
(5)
Riprap
may be allowed along the base of the eroded area to prevent further
undercutting of the bank.
(c)
Use
of gabions and riprap to stabilize eroded shorelines.
(1) The
riprap material must be quarry-run stone, natural stone, or other material
approved by GRDA.
(2)
Rubber
tires, concrete rubble, or other debris salvaged from construction sites shall
not be used to stabilize shorelines.
(3)
Gabions
(rock wrapped with wire mesh) that are commercially manufactured for erosion
control may be used.
(4)
Riprap
material must be placed so as to follow the existing contour of the bank.
(5)
Site
preparation must be limited to the work necessary to obtain adequate slope and
stability of the riprap material.
(d)
Use
of retaining walls for shoreline stabilization.
(1) Retaining walls shall be allowed only
where the erosion process is severe and GRDA determines that a retaining wall
is the most effective erosion control option or where the proposed wall would
connect to an existing GRDA-approved wall on the lot or to an adjacent owner’s
GRDA-approved wall.
(2) GRDA shall inspect the site of the
proposed construction and consider whether the planting of vegetation or the
use of riprap would be adequate to control erosion.
(3) GRDA shall determine that the proposed
construction is needed and would not change the basic contour of the reservoir
shoreline.
(4) The retaining wall must be constructed of
stone, concrete blocks, poured concrete, gabions, or other materials acceptable
to GRDA. Railroad ties, rubber tires, broken concrete (unless determined by
GRDA to be of adequate size and integrity), brick, creosote timbers, and
asphalt are not allowed.
(5) Reclamation of GRDA land that has been
lost to erosion is not allowed.
300:35-13-5.
Penalty
Any
person, firm, partnership, corporation, or other entity which violates this
section, after notice and an opportunity to be heard in accordance with
Subchapter 21 herein, shall be required to pay all costs related to the repair,
restoration and reclamation of GRDA lands and waters associated with the
violation.
300:35-13-6.
Expiration of permit
(a)
Any permit issued pursuant to Subchapter 13 of these rules must be
completed within seven (7) years from the date the permit or modification approval
is issued unless the permit specifically provides otherwise.
(b)
If the permit expires, the permit is null and void.
SUBCHAPTER 15.
COMMERCIAL USE OF THE LAKES
AND LANDS OF GRDA
300:35-15-1. Definition
The keeping or
operation of one (1) or more vessels, surfboards, aquaplanes, skis, personal
watercraft or like devices, docks, landings, anchorages, marine railways, dry
docks or any concession, for pecuniary profit or gain on the water of the lakes
or upon the property of GRDA, the carriage of any person, or persons, or of any
goods, wares, merchandising or other freight, for a valuable consideration,
whether directly or indirectly flowing to the owner, charterer, operator, agent
or any other person, shall be deemed commercial use of the waters and lands of
GRDA and will be allowed only after a permit has been issued. An application for such permit is available
at the GRDA Ecosystems Management Office, located at the west end of Pensacola
Dam in
300:35-15-2.
Dock installer’s permit
(a) Any person, firm, partnership,
corporation, or any other entity operating for pecuniary gain or profit or any
business that, directly or indirectly, is engaged in the building and placing,
or the demolition and removal, of piers, wharves, landings, anchorages,
floating boat houses, docks, barges or other floating structures of a
stationary or semi-stationary nature upon the waters of GRDA shall obtain an
annual permit. Such person or entity shall neither place nor demolish or remove
a pier, wharf, landing, anchorage, floating boat house, dock, barge or other
floating structure of a stationary or semi-stationary nature upon the waters of
GRDA until a Dock Installer’s permit has been issued. An application for such permit is available
at the GRDA Ecosystems Management Office, located at the west end of Pensacola
Dam in
(b) No dock installer shall build and
install a pier, wharf, landing, anchorage, floating boat house, dock, barge or
other floating structure of a stationary or semi-stationary nature upon the
waters of GRDA until such time as the application process found in Subchapter
11 herein has commenced.
(c)
At
the time the dock is installed, the dock installer shall post a permanent sign
visible on the dock. The sign shall
include the name of the dock installer, the dock installer’s phone number and
the year the dock was installed. The
sign shall measure at least 5” x 5”.
(d)
A
dock installer shall build, construct, place, demolish and remove docks in
strict compliance with the plans and specifications approved by GRDA. The docks shall be built with
generally-accepted building materials and in accordance with generally-accepted
construction practices. All styrofoam,
trash and construction materials shall be disposed in an environmentally
appropriate fashion and shall not be allowed to remain or float in the waters
of GRDA.
300:35-15-3. Penalty for violation of dock installer’s
permit
Any
person, firm or corporation who shall violate any provision of this section shall,
upon notice and opportunity to be heard in accordance with Subchapter 21
herein, be subject to having the dock installer’s permit revoked for a period
of time up to, and including, permanent termination. Other penalties may
include, but are not limited to, the assessment of all costs associated with
the repair and/or reclamation of GRDA lands and waters.
300:35-15-4. Dredging contractor’s permit
(a) Any
person, firm or corporation operating for pecuniary gain or profit or any
business that, directly or indirectly, is engaged in the performance of
dredging activities or operations upon the lands or waters of GRDA shall obtain
an annual permit. An application for such permit is available at the GRDA Ecosystems
Management Office, located at the west end of Pensacola Dam in
(b) A
dredging contractor shall not perform any activities upon the lands or waters
of GRDA until a Dredging Contractor’s permit has been issued. Any such structure shall be constructed in accordance with
GRDA requirements and in strict compliance with the application and terms and
conditions of the permit.
300:35-15-5. Penalty for violation of dredging
contractor’s permit
Any
person, firm or corporation who shall violate any provision of this section
shall, upon notice and opportunity to be heard in accordance with Subchapter 21
herein, be subject to having the dredging contractor’s permit revoked for a
period of time up to, and including, permanent termination. Other penalties may include, but are not
limited to, the assessment of all costs associated with the repair and/or
reclamation of GRDA lands and waters.
300:35-15-6. Commercial boat operators permit
(a) Any
person, firm or corporation operating for pecuniary gain or profit or any
business that, directly or indirectly, is engaged in the performance of the
carriage of any person, or persons, or of any goods, wares, merchandising or other
freight, for a valuable consideration, whether directly or indirectly flowing
to the owner, charterer, operator, agent or any other person, upon the lands or
waters of GRDA shall obtain an annual permit. An application for such permit is
available at the GRDA Ecosystems Management Office, located at the west end of
Pensacola Dam in
(b) No vessel, while carrying passengers for
hire, shall be operated or navigated except in charge of a person covered by a
policy of insurance that clearly covers the scope of duties resulting from such
commercial enterprise.
300:35-15-7. Penalty for violation of commercial boat
operators permit
Any
person, firm or corporation who shall violate any provision of this section
shall, upon notice and opportunity to be heard in accordance with Subchapter 21
herein, be subject to having the commercial boat operators permit revoked for a
period of time up to, and including, permanent termination.
SUBCHAPTER 17. RAW WATER PERMITS
300:35-17-1.
Definition
(a) For
the purpose of these Rules and Regulations, the term "domestic and
household use" shall mean water that is taken, used and consumed by the
permittee in and upon his premises for all usual and ordinary household uses
and purposes which shall include sprinkling and watering lawns and gardens of
not to exceed three (3) acres. A raw
water permit shall be obtained for any appropriation of water requiring a hose
or pipe extending into the lake and running off GRDA property. The term "irrigation" shall mean
water that is taken, used and consumed by the permittee in and upon the
premises covered by the permit for the purpose of irrigating lands, crops and
vegetables growing in and upon said lands by ditches, canals, sprinkling
systems and such other usual and ordinary means of irrigation.
(b) Water rights granted under these Rules and
Regulations shall not be construed as the supplying or furnishing of water for
domestic purposes to the public; such permits only grant the permittee the
right to take and use the water as provided by these Rules and Regulations.
(c) Commercial use of water requires a written
contract with GRDA.
300:35-17-2.
Permit required
The taking of and using waters of GRDA shall be
allowed only after an annual permit has been issued by the Grand River Dam
Authority. An application for
such is available at the GRDA Ecosystems Management Office, located at the west
end of Pensacola Dam in
300:35-17-3.
Irrigation billing
(a) Upon
approval of the application for an irrigation permit, the permittee may begin
irrigation.
(b) If
the permittee has provided facilities for measuring the water taken and used,
he shall report the amount of water used to GRDA not later than the first day
of November of each calendar year.
(c) In
the event the permittee and GRDA agree that the amount of water taken will be
fixed and established by agreement between the permittee and GRDA, a
determination of the amount of water used will be made not later than the first
day of March of that calendar year.
(d) In
the event the permittee has used more than one (1) acre foot of water during
the calendar year, he shall pay for all water in excess of one (1) acre foot on
the basis of the fees above set forth before the end of the calendar year.
(e) If
the term of the permit is for more than one (1) year, then the permittee shall
pay the required fees and charges on the first day of January for each calendar
year covered by said permit.
300:35-17-4.
Location of diversion
The granting of such permit to take water
from Grand Lake or Lake Hudson shall authorize the permittee to locate upon the
lands of GRDA the facilities necessary to take such water covered by the
permit; provided, the location and manner of diversion is first approved by
GRDA; however, a permit for the use of water from Fort Gibson Lake shall give
the permittee no permission or right to take or use any lands for any purpose
whatsoever. (The lake bed and shorelands
of
300:35-17-5.
Construction and maintenance
The permittee, upon being granted a
permit, shall construct and maintain all taking and diversion facilities
according to plans and specifications and in a proper and safe manner that will
prevent waste and loss of water and will not pollute or contaminate the lake
water. All such facilities shall be subject
to inspection by GRDA.
SUBCHAPTER 19.
RIGHTS OF ABUTTING LANDOWNERS
300:35-19-1. Abutting
landowner’s rights
(a) No permit, private or commercial, shall
issue for any of the facilities described in these Rules and Regulations which
would deprive the owner of land adjacent to the shoreland or lakefront or
abutting thereon of any anchorage, wharf, dock, boat dock, houseboat and
landing privileges.
(b) GRDA
may designate areas closed to such use where, in its opinion, such use would
interfere with the health or safety of the public or with the proper conduct of
GRDA's business.
SUBCHAPTER 21.
ADMINISTRATION OF RULES AND HEARINGS
300:35-21-1. General
manager duties
The
General Manager of the Grand River Dam Authority is authorized to administer
these Rules and Regulations. The General
Manager, or the General Manager’s designee, shall issue all permits and
licenses provided for herein.
300:35-21-2. GRDA Board
of Directors duties
The
Board of Directors of the Grand River Dam Authority retains the right to
authorize and issue any and all permits and licenses not specifically provided
for in these Rules and Regulations. No
fees, charges or any of these Rules and Regulations shall be changed in any
manner without the approval of the Board of Directors.
300:35-21-3. Hearings
for violation of rules
(a)
The
general procedures for hearings established by this Subchapter shall apply to
proceedings conducted by GRDA for such purposes as suspending or revoking
permits, enforcement matters, and assessing costs.
(b)
Hearings
may be initiated by GRDA staff by issuance of a Notice of Violation or by
filing a Petition with the General Manager’s Executive Secretary.
(c)
The
Notice of Violation or Petition shall inform the Respondent of the matter at
issue and, if applicable, the alleged violation. Each Notice of Violation or Petition shall
name the Respondent(s) and provide a brief statement of the facts and the
relief requested. The Notice of
Violation or Petition shall be signed by a GRDA staff member.
(d)
The
Notice of Violation or Petition shall specify that the Respondent may file a
response, how and where the response may be filed, the number of days or a date
certain within which to file the response, state any scheduled hearing date,
place and time or include notice of the opportunity to request an
administrative hearing, and shall be served on the named Respondent.
300:35-21-4.
Hearing officer
(a)
The
General Manager, or his designee, shall preside at any hearing. The General Manager may contract with an
individual that is not employed by GRDA to preside at any hearing. The functions of the hearing officer shall
commence upon his/her designation and terminate upon the certification of the
record to the Board of Directors. The
hearing officer shall have the duty to conduct a fair hearing, to take all
necessary action to avoid delay, and to maintain order. The hearing officer’s authority shall
include, but not be limited to:
(1) Arrange and change the date, time and
place of hearings and prehearing conferences and issue notice thereof;
(2) Hold conferences to settle, simplify or
determine the issues in a hearing, or to consider other matters that may aid in
the expeditious disposition of the hearing;
(3) Require parties to state their position
in writing with respect to the various issues in the hearing and to exchange
such statements with all other parties;
(4) Administer oaths and affirmations;
(5) Examine witnesses and direct witnesses to
testify;
(6) Receive, rule on, admit, exclude or limit
evidence;
(7) Rule on pending motions and procedural
items.
300:35-21-5.
Report and record
As
soon as practicable after the time for the parties to file proposed findings of
fact and conclusions of law has expired, the hearing officer shall prepare a
report containing the following:
(1) Findings of fact and conclusions of law
with the reasons therefore.
(2) Recommendation to the GRDA Board of
Directors.
300:35-21-6.
Final order
(a) As
soon as practicable after the hearing officer has sent his recommendation to
the GRDA Board of Directors as provided in 300:35-21-5, the Board of Directors shall
adopt, amend, or reject any findings or conclusions of the hearing officer, or
may remand the proceeding for additional argument or the introduction of
additional evidence at a hearing held for that purpose.
(b) At
the conclusion of the proceedings and review of the record by the Board of
Directors, the Board of Directors shall issue a final order reflecting the
findings of fact, conclusions of law, and specifying the action to be taken.
300:35-21-7.
Administrative appeal
An
appeal from the Board of Director’s Final Order shall be made to the Craig
County District Court of
300:35-21-8.
Noncompliance, violations and penalties
Any person, firm or corporation that fails to
comply with, or violates any Rule promulgated by GRDA shall, after notice and
an opportunity for hearing as provided for herein, be required to reimburse GRDA
for any direct cost and overhead incurred as a result of such failure to comply
or violation. Such costs may include,
but are not limited to, the costs associated with the repair, restoration and
reclamation of the lands and waters of GRDA. Additionally, GRDA may cancel any permit or
license which has been issued in connection with said boat, structure or
facility and may remove or cause it to be removed from GRDA's lands and waters.
SUBCHAPTER 23.
FOUR-WHEEL VEHICLES, OFF-ROAD VEHICLES
AND ALL TERRAIN VEHICLES
300:35-23-1.
Designated areas
In the interest of public safety, there shall be no
four-wheel vehicles, off-road vehicles or all terrain vehicles on GRDA lands
except in designated areas.
300:35-23-2.
Passengers prohibited
No passengers are
allowed on three (3) wheelers, four (4) wheelers, or motorcycles.
300:35-23-3.
Low gear required
Low gear only except
on trails posted at speed limits in excess of five (5) MPH.
300:35-23-4.
Racing prohibited
No racing on GRDA property is allowed except as other
permitted by a sanctioned event permit.
300:35-23-5.
Lights required
All vehicles,
including motorcycles, must be equipped with working front and rear lights.
300:35-23-6.
Roll bar and seat belt requirements
Dune buggies and 4x4
vehicles must have a roll bar sufficient to support the weight of the vehicle
and must have a seat belt for each passenger.
300:35-23-7. No liability
GRDA
shall not be liable and hereby disclaims any responsibility for any and all
injuries and accidents, up to and including death, which may occur as a result
of participating in off-road activities.
Each driver and passenger rides at his/her own risk and assumes all risks
of the activity.
300:35-23-8. Alcoholic beverages prohibited
Alcoholic
beverages, including low point beer, are prohibited from areas in which
off-road activities occur.
300:35-23-9. Signage
Drivers shall obey all signs posted
on GRDA land including areas that are off limits and speed designations.
300:35-23-10. Penalty
(a) GRDA law enforcement personnel may verbally order any person
that is violating these rules to immediately exit the lands of GRDA.
(b) Additionally, any person, after notice and opportunity to be
heard in accordance with Subchapter 21 herein, may be banned from the lands of
GRDA for a period of time up to, and including, ninety (90) days.
SUBCHAPTER 25. [RESERVED]
SUBCHAPTER 27.
VEGETATION MANAGEMENT PLAN
300:35-27-1. Scope and intent
Shoreline vegetation protects and
preserves a healthy vegetative buffer along the shoreline to maintain and
enhance the natural and aesthetic resources of the GRDA lakes. Vegetation can
help stabilize the shoreline, prevent erosion, and protect water quality. A natural vegetation buffer improves water
quality by filtering and trapping organics and chemical pollutants. A
vegetative buffer can enhance the natural appearance of the shoreline. This
Vegetation Management Plan (“VMP”) provides the objectives for maintaining GRDA
project property.
300:35-27-2. Applicability
(a) No person may brushhog, bulldoze, clear,
or scrape GRDA property. No person may
trim any tree or other vegetation on GRDA property. If a tree is dead and dangerous, or poses a
hazard to the safety of the public or property, a person may apply for a permit
to remove the tree. The VMP provides guidelines for property owners to apply
for a permit to add landscaping plantings on GRDA lands. The VMP also provides the procedure by which
permits for such activities are obtained.
(b) Floating debris, litter, and trash may
be removed from GRDA lands and water at any time and does not require GRDA
approval provided the method of removal complies with these rules.
300:35-27-3. Permits
Individuals or entities wishing to remove
vegetation (dead and dangerous trees, or hazardous trees only) or plant
vegetation, are required to apply for and obtain a permit from the GRDA Office
of Ecosystems Management before conducting any such activities. Applications are available at the GRDA Office
of Ecosystems Management, located at the west end of Pensacola Dam in
300:35-27-4. Vegetation management
(a)
Except
for the mowing of lawns established and existing before June 1, 2005, no mowing
is authorized on GRDA property.
(b)
A
permit must be obtained prior to removing any vegetation or planting landscape
on GRDA property.
(c)
Once
a permit is obtained from GRDA, the following guidelines apply:
(1) No herbicides may be used for
control/removal of vegetation.
(2) Pesticides shall not be applied on GRDA
land.
(3) No living trees, brush, or shrubs will be
removed.
(4) Dead and dangerous trees, or hazardous
trees, to be cut must be marked in advance by the GRDA Office of Ecosystems
Management.
(5) The sale of any tree that is removed or
cut is prohibited.
(6) The removal of trees is approved only in
cases where the trees are dead and dangerous, damaged and dangerous, diseased
and dangerous, or present a public safety or property hazard.
(7) Vegetation may be cleared to create and
maintain a foot path between GRDA land and an approved use of GRDA land such as
a permitted dock. The foot path may not
exceed four (4) feet wide. The path will
extend from the common boundary between GRDA and the adjacent landowner to the
water at normal summer elevation. The
path will be located to minimize removal of trees or other vegetation on GRDA
land. The path must be permitted in
conjunction with the permitted dock.
(d) Once a permit for landscape planting is
obtained from GRDA, the following guidelines apply:
(1)
Planting
of trees, shrubs, wildflowers, native grasses, and ground covers within GRDA
lands may be allowed to create, improve, or enhance the vegetative cover,
provided native plants are used.
(2)
Fertilizers
shall not be applied on GRDA lands.
(3)
Vegetable
gardens are prohibited on GRDA lands.
(e)
The introduction or planting of
invasive plant species is prohibited on GRDA lands and waters. In addition to any species designated by the
Oklahoma Department of Wildlife Conservation, a list of such species includes:
(1) Invasive or pest plants: Russian Olive;
Sumac; Paper Mulberry; Saltcedar or Tamarisk; Siberian Elm; Eastern Redcedar;
Poison Ivy; Poison Oak; Poison Sumac.
(2) Noxious aquatic plants: Azolla pinnata
– Mosquito Fern (aka – Water Velvet, Water Fern); Caulerpa taxifolia – Caulerpa
(aka – Mediterranean Clone of Caulerpa); Eichhornia azure – Anchored Water
Hyacinth (aka – Rooted Water Hyacinth, Blue Water Hyacinth, Saw-petal Water
Hyacinth); Hydrilla verticillata – Hydrilla (aka – Florida Elodea, Star Vine,
Oxygen Plant, Oxygen Weed); Hygrophila polysperma – Hygro (aka – Miramar Weed,
Green Hygro, Oriental Ludwigia, East Indian Hygrophila); Ipomoea aquatica –
Water Spinach (aka - Swamp Morning Glory, Chinese Water Spinach, Water
Bindweed, Aquatic Morning Glory); Lagarosiphon major – African Elodea (aka –
Oxygen Weed); Limnophila species – Ambulia (aka – Asian Marshweed, Limno, Red
Ambulia, Indian Ambulia); Lythrum salicaria – Purple Loosestrife (aka –
Loosestrife); Marsilea quadrifolia – Marsilea (aka – European Waterclover,
Four-leaf Clover Fern, Water Fern, Water Clover, Hairy Pepperwort); Marsilea
mutica – Australian Waterclover (aka – Varigated Water-clover, Mardoo);
Marsilea minuta – Waterclover; Melaleuca quinquenervia – Paperbark Tree (aka –
melaleuca, Cajeput, Punk); Monochoria hastate – Cat’s Claw (aka – Monochoria);
Ottellia alismoides – Duck Lettuce; Sagittaria sagittifolia – Japanese
Arrowhead (aka – Hawaiian Arrowhead, Common Arrowhead, Chinese Arrowhead);
Salvinia auriculata – Gian Salvinia (aka – Butterfly, Fern, Water Fern, Water
Moss); Salvinia biloba – Gioan Salvinia (aka – Salvinia); Salvinia herzogii –
Gian Salvinia (aka – Salvinia); Salvinia molesta – Gian Salvinia (aka –
Salvinia, Water Velvet, Karibaweed, Koi Kandy); Solanum tampicense – Wetland
Nightshade; Sparganium erectum – Exotic Bur-reed; Glossostigma diandrum – Mud
Mat.
(3) Noxious non-aquatic plants: Musk
Thistle; Canada Thistle; Scotch Thistle.
300:35-27-5. Waivers
Since every possible situation cannot be
anticipated, GRDA reserves the absolute discretion to make appropriate
exceptions or modifications to the Vegetation Management Plan and the
requirements of same. GRDA may impose
additional requirements, including the requirements that the permit holder
provide a survey to verify the permitted activity was completed in conformance
with GRDA requirements.
300:35-27-6. FERC approval
In
accordance with its licenses with the Federal Energy Regulatory Commission
(FERC), GRDA may only permit incidental vegetation disturbance and removal.
Therefore, in certain instances an application for a permit to remove
vegetation must be approved by both GRDA and FERC. GRDA reserves the right to request FERC to
approve any application for a permit.
300:35-27-7. Penalties
After notice and an opportunity to be
heard in according with Subchapter 21 herein, a permit issued pursuant to these
rules may be suspended or revoked by GRDA upon a finding that the permit holder
has violated any rule provided for herein.
Additionally, the holder of the permit may be assessed costs which may
include expenses necessary for the reclamation, restoration, and/or clean-up of
GRDA land and waters.