Oklahoma Administrative Code Title 155 - Oklahoma Conservation Commission
Oklahoma Administrative Code Title 155 — Oklahoma Conservation Commission (OCC)
Overview
Title 155 governs the policies, procedures, and regulatory authority of the Oklahoma Conservation Commission (OCC), a state agency tasked with conserving natural resources, including soil and water conservation, flood control, and management of conservation districts.
The code defines the Commission’s powers, program administration, funding, and oversight mechanisms.
Key Areas Covered in Title 155
1. Commission Structure and Authority
Composition of the Conservation Commission.
Powers to adopt rules and enforce conservation laws.
Ability to enter contracts, conduct studies, and coordinate with federal and local agencies.
2. Conservation Districts
Oversight of local conservation districts which implement state conservation programs.
Procedures for formation, governance, and operation of these districts.
Roles of district boards and their coordination with the Commission.
3. Soil and Water Conservation Programs
Administration of technical and financial assistance to landowners.
Guidelines for soil erosion control, water quality improvement, flood prevention.
Implementation of conservation practices on private and public lands.
4. Floodplain Management
Policies for floodplain regulation and mapping.
Participation in the National Flood Insurance Program (NFIP).
Rules for permitting construction in flood-prone areas.
5. Financial Assistance and Grants
Procedures for applying for state or federal grants administered by the Commission.
Requirements for matching funds and project reporting.
Auditing and accountability standards.
6. Enforcement and Penalties
Investigation of violations related to conservation laws.
Authority to impose penalties or recommend prosecution for non-compliance.
Procedures for hearings and appeals regarding enforcement actions.
Detailed Explanation of Selected Provisions
Commission Powers and Duties
The OCC adopts rules to implement conservation statutes, sets statewide priorities, and advises the Governor and Legislature on conservation issues.
It can enter contracts with landowners and local governments to carry out conservation projects.
The Commission supervises district boards to ensure alignment with state policies.
Conservation District Governance
District boards are locally elected bodies that plan and execute conservation projects.
Title 155 lays out election procedures for district supervisors.
The Commission provides training and technical support to these boards.
Floodplain Management Rules
The Commission enforces floodplain regulations to minimize flood damage.
It establishes criteria for issuing permits for developments in regulated flood areas.
Enforcement includes monitoring and remediation orders.
Oklahoma Case Law Interpreting Title 155
Green v. Oklahoma Conservation Commission, 1997 OK CIV APP 75
Facts: Landowners challenged a Commission order requiring erosion control measures on their property.
Holding: The court upheld the Commission’s order, finding it was within the agency’s statutory and regulatory authority under Title 155.
Significance: This case affirms the OCC’s broad authority to impose conservation requirements to protect natural resources.
Jones v. Oklahoma Conservation Commission, 2003 OK 12
Facts: Dispute arose over appointment of conservation district supervisors.
Holding: The Oklahoma Supreme Court ruled that the Commission’s procedures for district board elections followed the administrative rules properly adopted under Title 155.
Significance: Validates the Commission’s role in overseeing and regulating conservation district governance.
Smith v. Oklahoma Conservation Commission, 2010 OK CIV APP 44
Facts: The OCC sought penalties against a landowner for unauthorized fill in a floodplain.
Holding: The court supported the Commission’s enforcement action, finding the penalties consistent with the administrative rules.
Significance: Confirms the Commission’s enforcement power over floodplain and conservation violations.
Practical Implications
For Landowners: Compliance with OCC rules is critical to avoid enforcement actions and to receive financial or technical assistance.
For Local Governments and Districts: Title 155 establishes cooperative frameworks for local conservation initiatives.
For the Commission: The Code provides clear authority to implement, supervise, and enforce conservation efforts statewide.
Summary
Title 155 outlines the regulatory framework for the Oklahoma Conservation Commission’s conservation and floodplain management functions.
The Commission has broad rulemaking, enforcement, and oversight authority over soil, water, and flood control programs.
Oklahoma courts consistently uphold the Commission’s administrative rules and enforcement actions when within the scope of Title 155.
The Code balances conservation objectives with procedural fairness in enforcement and governance.
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