The Maryland General Assembly, in the Annotated Code of Maryland,
Land Use Article, Title 4, has established as policy of the state
that the orderly development and use of land and structures requires
comprehensive regulation through the implementation of planning and
zoning control, and that planning and zoning controls shall be implemented
by local government in order to, among other purposes, secure the
public safety, promote health and general welfare, and promote the
conservation of natural resources. Therefore, the County Council of
Wicomico County does hereby adopt the following floodplain management
regulations.
It is the purpose of these regulations to promote the public
health, safety and general welfare, and to:
A. Protect human life, health and welfare;
B. Encourage the utilization of appropriate construction practices in
order to prevent or minimize flood damage in the future;
C. Minimize flooding of water supply and sanitary sewage disposal systems;
D. Maintain natural drainage;
E. Reduce financial burdens imposed on the community, its governmental
units and its residents, by discouraging unwise design and construction
of development in areas subject to flooding;
F. Minimize the need for rescue and relief efforts associated with flooding
and generally undertaken at the expense of the general public;
G. Minimize prolonged business interruptions;
H. Minimize damage to public facilities and other utilities, such as
water and gas mains, electric, telephone and sewer lines, streets
and bridges;
I. Reinforce that those who build in and occupy special flood hazard
areas should assume responsibility for their actions;
J. Minimize the impact of development on adjacent properties within
and near flood-prone areas;
K. Provide that the flood storage and conveyance functions of floodplains
are maintained;
L. Minimize the impact of development on the natural and beneficial
functions of floodplains;
M. Prevent floodplain uses that are either hazardous or environmentally
incompatible; and
N. Meet community participation requirements of the National Flood Insurance
Program as set forth in the Code of Federal Regulations (CFR) at 44
CFR 59.22.
These regulations shall apply to all special flood hazard areas within the jurisdiction of Wicomico County, Maryland and identified in §
149-5.
These regulations are not intended to repeal or abrogate any
existing regulations and ordinances, including subdivision regulations,
zoning ordinances, building codes, or any existing easements, covenants,
or deed restrictions. In the event of a conflict between these regulations
and any other ordinance, the more restrictive shall govern.
Should any section or provision of these regulations be declared
by the courts to be unconstitutional or invalid, such decision shall
not affect the validity of the regulations as a whole, or any part
thereof other than the part so declared to be unconstitutional or
invalid.