Building in Wagoner County
Wagoner County is excited to have you building in our community! To ensure construction methods are at the highest quality possible, Mr. Lively follows guidance provided by the International Building Code (IBC) and Residential Building Code (RBC) to inspect residential construction, renovation, and commercial construction in Wagoner County.
The Building Inspector is authorized under Oklahoma State Statute Title 19 Section 866.26-866.27, to oversee the implementation of building and construction codes. Anyone in Wagoner County unincorporated is to apply for a building permit unless exempt in accordance with state statute.
In addition to the IBC and RBC, Mr. Lively also utilizes the following inspection requirements when inspecting building and construction:
Small Lot EPA Guidance
View large building permit inspection requirements
Work Requiring a Building Permit
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Driveway Culvert Sizing
If driveway culvert sizing is not provided to the builder via the neighborhood development plans, then contact the Wagoner County Commissioner’s office for your district to get appropriate sizing. If installing a driveway culvert directly on a section-line county roadway, County crews must size and would prefer to install.
“I have water standing in my ditch in front of my house.”
“My neighbor made some changes to their property and now water floods my yard/property.”
RESPONSE: Often these scenarios are related in improper conveyance of water due to undersized crossings. Some can be in county Right-of-Way (ROW) but often they are related to driveway culvert sizing. It is up to the property owner to ensure that the sizing is correct. The best way to do this is to get with the County staff and have the pipe installed and sized. If a home is built in a subdivision by a builder, the pipe sizing should reflect that of the final plat. If not provided on the final plat, the sizing should be obtained from the developer.
ADDITIONAL NOTES: county infrastructure is the primary concern of Wagoner County. Wagoner County does not have authority on private property outside of the subdivision regulation, zoning code violations, code enforcement violations, and any damages to county infrastructure due to property owner activity.
Rachael Cooper PE CFM
EMAIL: click to send email
918 – 485 – 7979
Call with any questions.
Email floodplain permits for review and approval.
What is the Floodplain?
A floodplain is the part of the land where water collects, pools, and flows during natural events. Such areas are classified by FEMA as Special Flood Hazard Areas (SFHA) and are located within identified 100-year flood zones. SFHAs have several components:
Floodway: Channel of a river or other watercourse and adjacent land areas that must be reserved in order to discharge the base flood. Identified on the Flood Insurance Rate Map (FIRM) by red and blue hatches.
1% Chance Floodplain: There is a 1% chance in any given year that this flood level, the Base Flood Elevation (BFE), will be reached. Also called the 100-year floodplain and can be statistically interpreted as a 26% chance that flood waters will reach BFE over the course of a 30-year mortgage. This floodplain is regulated by Wagoner County and FEMA. This area is outlined by blue shading on the Flood Insurance Rate Map (FIRM). The 100-year floodplain is divided into zones. Wagoner County is mostly concerned with Zone A and AE.
- Zone A: Approximate 1% flood zone for riverine and lake areas. To obtain BFEs a hydraulic study must be conducted.
- Zone AE: Engineered 1% flood zone for riverine and lake areas with CALCULATED BFEs.
0.02% Chance Floodplain: There is a 0.02% chance in any given year that this flood level will be reached. Also called the 500-year floodplain. This floodplain is not regulated by Wagoner County or FEMA. This area is outlined as orange shaded or unshaded areas on the FIRM.
WAGONER COUNTY FLOODPLAIN PRESENTATION
Wagoner County NFIP Membership
Wagoner County joined the National Flood Insurance Program (NFIP) in 1988 resulting in County residents to qualify for NFIP offered flood insurance programs. Membership in the program resulted in regulation of Wagoner County floodplain through the Flood Damage Prevention Ordinance authorized by Oklahoma State Statute Title 82 OS 1601, Oklahoma State Statute Title 19 OS 866 and Wagoner County Board of County Commissioners resolution 2012-018. The Flood Damage Prevention Ordinance outlines the requirements to develop in Wagoner County Floodplain as well as the duties and responsibilities of the Floodplain Manager. Highlights include:
- All development in the 100-year floodplain must be elevated a minimum of 2 feet above the BFE
- No development may take place in any NFIP regulated floodway
WAGONER COUNTY FLOOD DAMAGE PREVENTION ORDINANCE
OKLAHOMA STATE STATUTE TITLE 82 SECTIONS 1601 - 1620
TITLE 44 CODE OF FEDERAL REGULATIONS SECTIONS 59, 60, 65, 70
Floodplain Permitting Process
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WAGONER COUNTY FLOODPLAIN PERMIT
Difficult Answers to Community Questions
“I’ve lived here all of my life and it’s never flooded, the maps must be wrong?”
ANSWER: The maps are created to reflect the conditions of the watershed. Some areas have not been undergone a detailed hydraulic study which may result in more conservative floodplain areas. There is also a chance that flood waters in this area have not exceeded the 100 year flood level (BFE). Considering your experience, it may be worth your time and expense to hire a surveyor to determine the actual elevation at your property and compare that to the BFE in this area. If you’re right, we just need to submit the elevation certificate to FEMA and get the map corrected.
“I can’t afford the extra cost of raising my home or relocating my home to meet regulations.”
ANSWER: If you do not make the required changes your property value will remain very low, your home will be at risk of flooding, face extreme insurance rates if applicable, have great difficulty in selling the home if applicable, you will face code violation charges, and ultimately not be eligible for emergency relief in the event of a catastrophe.
“I don’t need to buy flood insurance because I don’t have a mortgage, so why to do have to be in compliance?”
ANSWER: I completely understand the logic of self-insurance; however, the home must still comply because objects in the floodplain can negatively affect neighbors by taking up floodplain storage. Consider the watermelon in the bathtub scenario – add a watermelon and the waters will rise. Additionally, non-compliance will make the property value lower, will make the property very difficult to sell, and will make future home owners subject to extremely high insurance rates.
”If I get damaged in a disaster I will not seek FEMA aid.”
ANSWER: I understand your sentiment and admire your willingness to take care of your own affairs. However, the law is that you comply with floodplain regulations.
“I don’t want the government telling me what I can and can’t do with my own property!”
ANSWER: Please don’t yell! I completely get it. We live in a land of laws and a vote by your peers elected your county officials who deemed it appropriate to become members of the NFIP and adopt the Wagoner County Flood Damage Prevention Ordinance. The goal is to develop a program to protect public safety, water rights, water drainage areas, and prevent flooding in Wagoner County. As a citizen in Wagoner County you are subject to these laws. To make changes appeal to your government officials. Until that time, your compliance is regulated and necessary. Please work with me, I am very easy to work with.
"Is my property in the floodplain?"
ANSWER: Check out the FEMA NFIP service center website - https://msc.fema.gov/portal/home. Simply enter your address and check it out. If there is any floodplain on your property, you are subject to Wagoner County flood damage prevention ordinance regulations.
"What do I need to do if I'm placing a mobile home in a floodplain?"
ANSWER: All the same rules apply, except the elevation of your home is measured from the tongue of your trailer rather than the wheels. Additionally, the home must be anchored, and any steps of landings cannot be attached to the home.
"I'm building a new home in the floodplain, how much more money is it going to cost to be in compliance?"
ANSWER: On average add $10,000 to your construction costs for a 2000SF home. Definitely consider this before you buy property or settle on a home site.
Transportation Infrastructure in Wagoner County
It is common for property owners to subdivide land or lot-split land in order to sell portions to family members or perhaps even develop a neighborhood. At the time this becomes an option, property owners should consider whether they will make a shared entrance that is public or private. A public roadway is dedicated to the public, can be accessed by anyone, must meet a strict set of construction quality and methods requirements, and will be maintained by the Wagoner County road crews. A private entrance is considered a driveway by County crews and will not be maintained. Additionally, a private entrance is not required to meet any specific construction quality or methods standards.
A subdivision of land is any division of land that results in parcels or lots less than 10 acres in total area or parcels of any area that require vacation or dedication of right-of-way, changes to public utility easements, highways, or roadways in order to be divided. A lot-split is a division of land that results in parcels or lots 10 acres or greater in total size with no aforementioned alterations. A subdivision is subject to the Wagoner County Subdivision Regulation; a lot-split is not and can be accomplished using a lot-split application.
Please reference the Wagoner County Subdivision Regulation for more information regarding public infrastructure construction requirements as well as the difference between a subdivision of land and a lot-split. A construction permit will be applied for during the platting process.
Mining is not currently permitted in Wagoner County. However, the Oklahoma Department of Mines permits all types of mining to include shale pits. If you own property that would be a good candidate for a mining permit, contact the Oklahoma Department of Mines and consider giving your County Commissioner notice of your plans in order to plan roadway improvements as necessary. Mining may in the future require a zoning change.
Agricultural and Manufacturing Development
Agricultural and manufacturing practices are exempt from permitting and zoning requirements in Wagoner County (if re-zoning is not required to accomplish the work). No inspections by Wagoner County officials are required for work related to an agricultural or manufacturing practice (Oklahoma State Statute Title 19, Section 866.30).
Public utility providers are required to complete a permit in order to conduct work inside the county right-of-way. Any proposed work is required to meet all utility permit stipulations which can be found on page 2.
A lot-split in Wagoner County, the definition differs in the Oklahoma State Statutes based on County population, is a division of land in which the smallest parcels resulting in the split are equal to or greater than 10 acres in area (Oklahoma State Statute Title 19, Section 866.13) as well as requires no alteration or addition of roads, easements, public utility easements, or right-of-way dedication/vacation (Oklahoma State Statute Title 19, Section 866.12).
A lot-split does not require Planning Commission approval and no permits are required. Visit the subdivision page to utilize the flow-chart to aid in determining if a division of land is a subdivision or a lot-split.
Generally, pond construction is not regulated in Wagoner County unless the construction of the pond is in an area zoned other than agriculture. If a property owner is interested in building a pond on anything other than agricultural property, a drainage report must be completed by a licensed civil engineer, along with a site plan, and submitted for review by the Wagoner County Engineer.
What are our inspection/building requirements?
- Wagoner County has adopted the International Building Code for residential development in Wagoner County. We have some rules of thumb on the back of the building permit
When completing a re-zoning application, I have to complete a 300’ radius mailing…but I know that no one lives within 300’ of my property.
- A 300’ radius study is still required
Growing from "Good" to "Great"! S1