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 furnish