The county is hereby divided into the following
districts:
A.Â
Primary districts. Primary districts are designated
as follows:
AC
|
Agricultural Conservation District
|
AC-RCA
|
Agricultural Conservation -- Resource Conservation
Area District
|
RC
|
Resource Conservation District
|
RR-C
|
Rural Residential-Conservation District
|
RR
|
Rural Residential District
|
RR-RCA
|
Rural Residential -- Resource Conservation Area
District
|
SR
|
Suburban Residential District
|
SR-RCA
|
Suburban Residential -- Resource Conservation
Area District
|
V
|
Village District
|
B-1
|
Neighborhood Business District
|
B-2
|
General Business District
|
I-1
|
Light Industrial District
|
I-2
|
Heavy Industrial District
|
B.Â
Overlay districts. Overlay districts are designated
as follows:
AP
|
Airport Protection District
|
CA
|
Critical Area Protection District
|
FP
|
Floodplain District
|
HP
|
Historic Preservation District
|
MH
|
Manufactured Home Overlay District
|
C.Â
Floating districts. Floating districts are designated
as follows:
EE
|
Economic And Employment District
|
SW
|
Solid Waste District
|
A.Â
Primary districts.
(1)Â
Agricultural Conservation (AC). The Agricultural Conservation
District is established to conserve farmland and to encourage agricultural
activities thereby ensuring that commercial agriculture will continue
as a long-term land use and viable economic activity within the county.
Agriculture is the preferred use in the AC District, and within the
district agricultural uses are protected from development that might
adversely affect them. A wide range of uses related to agriculture
are permitted, including agriculture-related commercial and industrial
uses. Low-density residential development is permitted where it is
located and designed to minimize impacts on natural environments and
the rural landscape.
(2)Â
Agricultural Conservation - Resource Conservation
Area (AC-RCA). The Agricultural Conservation-Resource Conservation
Area District is established to recognize those portions of Agricultural
Conservation Districts that are within the critical area. In the AC-RCA
District residential development is permitted at very low density
and only where it is located and designed to minimize impacts on natural
and agricultural environments.
(3)Â
Resource Conservation (RC). The Resource Conservation
District is established to conserve natural environments (maritime
areas, wetlands and forests) and to encourage resource development
activities, such as agriculture, forestry and fisheries, thereby helping
to ensure that resource development continues as a long-term land
use and a viable economic activity in the county. Residential development
at very low density is permitted in the RC District where it is located
and designed to respect existing features of the natural landscape.
This district includes land within the critical area.
(4)Â
Rural Residential Conservation (RR-C). The Rural Residential
Conservation District is established to permit very low-density residential
development within areas dominated by natural environments, particularly
waterfront areas and wetlands, and resource development activities
such as agriculture, forestry and fisheries. Residential development
is permitted at very low density only where it is located and designed
to minimize impacts on natural environments and the rural landscape.
A limited range of agricultural and agriculture-related uses are permitted
in the RR-C District to help ensure that commercial agriculture will
continue as a long-term land use and viable economic activity.
(5)Â
Rural Residential District (RR). The Rural Residential
District is established to encourage and concentrate low- to medium-density
residential development in limited areas of the county, near existing
towns or in development corridors where public services can be efficiently
provided, thereby helping to preserve Resource Conservation and Agricultural
Conservation Districts. Rural Residential Districts are not to be
served by public community water or sewer systems.
(6)Â
Rural Residential - Resource Conservation Area (RR-RCA).
The Rural Residential - Resource Conservation Area District is established
to recognize those portions of Rural Residential Districts that are
within the critical area. In the RR-RCA District residential development
is permitted at very low density and only where it is located and
designed to minimize impacts on natural environments. The RR-RCA District
is predesignated for growth allocation that meets the eligibility
requirements.
(7)Â
Suburban Residential (SR). The Suburban Residential
District is established to encourage and concentrate medium-to high-density
residential development near existing towns, where public services
can be efficiently provided, thereby helping to preserve Resource
Conservation and Agricultural Conservation Districts. All areas within
the SR District may ultimately be served by public community water
and sewer systems.
(8)Â
Suburban Residential - Resource Conservation Area
(SR-RCA). The Suburban Residential - Resource Conservation Area District
is established to recognize those portions of Suburban Residential
Districts that are within the critical area. In the SR-RCA District
residential development is permitted at very low density and only
where it is located and designed to minimize impacts on natural environments.
The SR-RCA District is predesignated for growth allocation that meets
the eligibility requirements.
(9)Â
Village (V). The Village District is established to
encourage the growth and development of villages in the county's rural
areas, strengthen villages as community centers and protect their
historic and cultural resources. The V District allows for a mix of
residential, commercial and maritime/agricultural service uses at
medium to high residential density and at low to moderate nonresidential
intensity.
(10)Â
Neighborhood Business (B-1). The Neighborhood
Business District is established to provide areas for low-intensity
business, commercial and personal service uses serving primarily local,
neighborhood needs.
(11)Â
General Business (B-2). The General Business
District is established to provide for a broad range of business,
commercial and personal service uses serving a large geographic area.
(12)Â
Light Industrial (I-1). The Light Industrial
District is established to allow a limited range of business, manufacturing,
processing and storage uses that are compatible with adjoining uses.
(13)Â
Heavy Industrial (I-2). The Heavy Industrial
District is established to allow a broad range of business, manufacturing,
processing and storage uses that may need to be separated from other
uses because of characteristics that may adversely affect these other
uses.
B.Â
Overlay districts.
(1)Â
Airport Protection District (AP). The AP District
shall prevent undesirable development hazardous to air navigation.
(5)Â
Manufactured Home Overlay District (MH). The Manufactured
Home Overlay District is established to recognize those areas of the
county where there exist concentrations of older manufactured homes.
Because of these concentrations, in the Manufactured Home Overlay
District certain categories of manufactured homes are permitted that
are not permitted in other districts.
C.Â
Floating districts.
(1)Â
Economic and Employment District (EE). The purposes
of the EE District are to:
(a)Â
Help implement the Comprehensive Plan's goals
with respect to economic development, giving the county flexibility
to respond to significant employment or economic development opportunities.
(b)Â
Provide a flexible approach to the development
of land that will have a beneficial economic impact on the county.
(c)Â
Ensure that large or intensive economic or employment
land uses that could have significant impacts on nearby lands with
regards to compatibility, environmental impacts, lighting, noise,
traffic and the like are built at appropriate locations in the county.
(2)Â
Solid Waste Overlay District (SW). The SW District
is established to ensure that certain solid waste disposal uses that
could have significant impacts on nearby lands with regards to compatibility,
environmental impacts, noise, odor, traffic, aesthetics and the like
are built at appropriate locations in the county.
A.Â
General regulations.
(1)Â
Except as hereinafter specified, no land, building,
structure or premises shall hereafter be occupied or used and no building,
other structure or part thereof shall be located, erected, reconstructed,
extended, moved, enlarged, converted or altered except in conformity
with the district regulations hereinafter provided.
(2)Â
In the event that any territory has not been specifically
included within a district or in the event that territory which is
contained within the zoning jurisdiction of the incorporated towns
becomes a part of the zoning jurisdiction of the county, such territory
shall automatically be classified in the AC District until otherwise
classified.
(3)Â
No part of a yard or other open space or off-street
parking or loading space which is required for any building or use
under the provisions of this chapter shall be included as a part of
the yard, open space, off-street parking or loading space which is
required for any other building or use.
B.Â
Use regulations.
(1)Â
Use table. A Table of Permitted Uses by Zoning District listing the uses permitted in each zoning district with any special requirements is included at the end of this chapter.
(2)Â
Open space areas in cluster developments.
(a)Â
Uses. Uses that are permitted in open space
areas are shown in the following table, subject to any specific requirements
for each use contained in the Table of Permitted Uses by Zoning District
and in the supplementary use regulations:
Table of Permitted Uses in Open Space
Areas of Cluster Developments
Dorchester County, Maryland
| ||
---|---|---|
Use
|
Inside the
Critical Area
|
Outside the
Critical Area
|
Accessory agricultural uses and structures
|
P
|
P
|
Accessory uses and structures clearly incidental
and customary to the permitted principal uses and structures
|
P
|
P
|
Agricultural production
|
P
|
P
|
Aquaculture
|
S, except not permitted in the SR-RCA District
|
S
|
Commercial riding and boarding stables
|
S, except not permitted in the AC-RCA, RR-RCA
or SR-RCA Districts
|
S
|
Community piers and related boat facilities
|
P
|
P
|
Conservation areas
|
P
|
P
|
Golf courses and country clubs
|
S
| |
Hatcheries
|
S
|
S
|
Hunting, fishing and trapping
|
P
|
P
|
Impervious surface areas such as tennis courts,
clubhouses or other active recreation facilities, limited to less
than 25% of the open space
|
P
|
P
|
One single-family dwelling
|
P
| |
Poultry and hog houses, horse and dairy barns
and manure storage
|
S, except not permitted in the RR-RCA or SR-RCA
Districts
|
S
|
Shooting ranges
|
S, except not permitted in the AC-RCA or SR-RCA
Districts
|
S
|
Timber growing
|
P
|
P
|
Two-family dwellings
|
S
| |
Walking, biking or equestrian trails
|
P
|
P
|
Notes:
| ||
---|---|---|
P = Permitted
|
S = Permitted by Special Exception
|
Blank = Not Permitted
|
C.Â
General design regulations.
(1)Â
Density, lot size and bulk regulations. A table listing the minimum density, lot size and bulk regulations for permitted uses in each zoning district is included at the end of this chapter.[2]
[2]
Editor's Note: See the Density, Lot Size and
Bulk Regulations Table.
(2)Â
Cluster development.
(a)Â
Cluster development is permitted in all districts.
(b)Â
In cluster development lots are clustered together
on a portion or portions of a site with the remaining area retained
as open space through agreements that prohibit or regulate future
subdivision.
(c)Â
To encourage cluster development in the AC District
an increased overall density of approximately one dwelling unit per
10 acres is permitted. (See the Density, Lot Size and Bulk Regulations
Table.)
(d)Â
Cluster developments in the RR District must
have shared water and sewer facilities. Off-site drain fields are
also permitted subject to Health Department approval.
(e)Â
Permitted uses in open space areas are set forth in § 155-34B(2).
(f)Â
In cluster developments in the AC and RR Districts,
per the Density, Lot Size and Bulk Regulations Table, the minimum
required amount of open space within the specified ranges shall be
determined on a case-by-case basis by the Planning Commission during
its review of the subdivision plan. The Planning Commission's determination
shall be made based on the owner's proposal in relation to:
(g)Â
In the critical area, as a condition of granting
growth allocation, the Planning Commission may require thirty-percent
minimum open space (see § 155-38N).
(3)Â
Development abutting state roads. All development
abutting a state road and/or requiring access thereon shall be subject
to the policies and standards of the State Highway Administration
(SHA). Construction to be performed within the SHA right-of-way shall
require the issuance of the appropriate permit by that agency.
D.Â
Design regulations for specific districts.
(1)Â
AC District density calculation. In calculating permitted
density on a lot or parcel in the AC District (see Density, Lot Size
and Bulk Regulations Table), the acreage needed for the first three
dwelling units is subtracted from the gross lot or parcel area before
the additional one unit per 10 or 15 acres is added. For example,
assume a thirty-five-acre parcel created prior to March 15, 1972,
never subdivided and containing 3 dwelling units on 5 acres. The available
acreage for further subdivision is 30 acres. This would allow three
additional units clustered or two additional units not clustered,
for a total of six units in a cluster-type subdivision, or a total
of five units in a noncluster development.
(2)Â
RR-C District. In the RR-C District, both inside and
outside the critical area, intrafamily transfers of land are permitted
at the densities set forth in § 140-54 of the Subdivision
Regulations.
(3)Â
B-1 District. Dwellings in the B-1 District shall
meet the lot, yard and height requirements of the SR District.
(4)Â
I-1 and I-2 Districts.
(a)Â
Outside storage shall be enclosed or screened
from public view on all sides by landscaping or earthworks and enclosed
by a fence or wall not less than six feet in height, designed to prohibit
unauthorized entry. Such enclosure shall be maintained in good condition.
(b)Â
All manufacturing, compounding, processing,
packaging or treatment shall be carried on within buildings.
A.Â
Statement of intent. It is the intent hereof to provide,
as authorized by Article 66B, § 8.01, of the Annotated Code
of Maryland, for the preservation of structures in the county which
have historic value, together with their appurtenances and environmental
settings in order to:
(1)Â
Safeguard the heritage of the county by preserving
the districts therein which reflect elements of its cultural, social,
economic, political or architectural history.
(2)Â
Stabilize and improve property values within such
districts.
(3)Â
Foster civic beauty.
(4)Â
Strengthen the local economy.
(5)Â
Promote the use and preservation of historic districts
for the education, welfare and pleasure of the residents of the county.
B.Â
Establishment of districts. For the purposes of this
section, the County Commissioners may establish, change, lay out and
define districts which are deemed to be of historic or architectural
value, following the procedures which are set forth in this chapter
for the reclassification of zoning. Such districts may include structures,
lots and tracts of land, as well as portions thereof.
C.Â
Applicability of greater restrictions. The provisions
of this section are in addition to the provisions of other districts
of this chapter. In all cases of conflicting requirements, the provision
which represents the greater restriction or higher standard shall
govern.
D.Â
Historic District Commission. The County Commissioners
may create a commission, to be called the "Historic District Commission."
The Historic District Commission shall have a membership of seven
persons, all of whom are qualified by special interest, knowledge
or training in such fields as history, architecture, preservation
or urban design and agree to serve on this Commission and all of whom
are residents of the county. The members shall serve without compensation
and be appointed for terms of three years, except that in making the
initial appointments, two shall be for one year, two shall be for
two years and three shall be for three years. Members of the Historic
District Commission shall be eligible for reappointment. Any vacancy
on the Historic District Commission shall be filled by the County
Commissioners for the unexpired term of the particular position. The
County Commissioners may consult private societies or agencies to
request the names of possible members on the Historic District Commission.
The Historic District Commission shall have the right to accept and
use grants and gifts from whatever source for the exercise of the
functions. The Planning Commission shall review the Historic District
Commission's budget.
E.Â
Report by Maryland Historical Trust. The Maryland
Historical Trust may be designated by the Historic District Commission
to make an analysis of any recommendation concerning the preservation
of structures of historic and architectural value within the area
served by the Historic District Commission. Such report may include
proposed boundaries of districts and the uses recommended to be permitted
in the districts, as well as identify and designate particular structures
recommended to be preserved and protected.
F.Â
Architectural easements. The Historic District Commission
may purchase architectural easements in connection with structures
located in or adjacent to any historic district. Such easement shall
grant to the Historic District Commission, the residents of the historic
district and the general public the perpetual right to have the exterior
appearance of any structure upon which is applied retained in substantially
the same character as when the easement took effect, or to facilitate
the restoration, if necessary, of the exterior appearance of the structures
to a character which is compatible with the architectural period or
surroundings.
G.Â
Application for construction or change. Before the
construction, alteration, reconstruction, moving or demolition of
any structure within the HP District, if any changes are involved
which would affect the exterior appearance of a structure visible
or intended to be visible from an adjacent public way in the district,
the person proposing to make the construction or change shall file
with the Historic District Commission an application for permission
to build, alter, reconstruct, move, demolish or make the addition.
Every such application shall be referred to and considered by the
Historic District Commission and accepted or rejected by the Historic
District Commission. No permit for any such change shall be granted
until the Historic District Commission has acted thereon as hereinafter
provided.
H.Â
Factors considered upon review of construction plans.
In reviewing the plans for any such construction or change, the Historic
District Commission shall give consideration to the historic or architectural
value and significance of the structure and its relationship to the
historic value of the surrounding area; the relationship of the exterior
architectural features of the structure to the remainder of the structure
and to the surrounding area; the general compatibility of exterior
design, arrangement, texture and materials proposed to be used; and
any other factors, including aesthetic factors, which the Historic
District Commission deems to be pertinent.
I.Â
Consideration of exterior features only. The Historic District Commission shall consider only exterior features of a structure and shall not consider any interior arrangements. Also, the Historic District Commission shall not disapprove an application except with respect to the several factors specified in Subsection H above.
J.Â
Strictness and leniency in judgment of plans; limitation
of architectural style. The Historic District Commission shall be
strict in its judgment of plans for those structures deemed to be
valuable according to studies performed for districts of historic
or architectural value. The Historic District Commission shall be
lenient in its judgment of plans for structures of little historic
value or for plans involving new construction, unless such plans would
seriously impair the historic or architectural value of structures
of the surrounding area. The Historic District Commission is not required
to limit new construction, alteration or repairs to the architectural
style of any one period.
K.Â
Reconstruction or alteration of structures designated
as having historic or architectural value.
(1)Â
Application shall be made to the Historic District Commission for permission to undertake any proposed reconstruction or alterations affecting the exterior appearance of a structure or for the moving or demolition of a structure if it has been designated as of historic or architectural value under the provisions of Subsection B hereof. Unless the Historic District Commission is satisfied that the proposed work or changes will not materially impair the historic or architectural value of the structure, the Historic District Commission shall reject the application, filing a copy of its rejection with the Planning Commission. The application shall not be renewed in less than one year from the date of such rejection. Prior to any such rejection, the Historic District Commission shall attempt, with the owner of the structure, to formulate an economically feasible plan for its preservation. Should the Historic District Commission conclude that no economically feasible plan can be formulated, it shall have 90 days from the time it so concludes to negotiate further with the owner and other parties in an effort to find a means of preserving the building or structure.
(2)Â
In the case of a structure deemed to be valuable for the period of architecture it represents and important to the neighborhood within which it exists, the Historic District Commission may approve the proposed reconstruction, demolition or alteration despite the fact that the changes come within the provisions of Subsection J above if the structure is a deterrent to a major improvement program which will be of substantial benefit to the county, if retention of the structure would cause undue financial hardship to the owner or if the retention of the structure would not be to the best interest of a majority of persons in the community.
L.Â
Commission meetings; right to appear and be heard;
records. All meetings of the Historic District Commission shall be
open to the public. Any interested person or his representative is
entitled to appear and be heard by the Historic District Commission
before it reaches a decision on any matter. The Historic District
Commission shall keep an open record of its resolutions, proceedings
and actions, which shall be kept available for public inspection during
reasonable business hours. The Historic District Commission shall
not reject an application without first providing notice to the applicant
of its intention to do so and providing the applicant the opportunity
to appear before the Historic District Commission and be heard.
M.Â
Certificate of approval, modification or rejection;
time limit. The Historic District Commission shall file with the Planning
Commission a certificate of its approval, modification or rejection
of all applications and plans submitted to it for review. Work shall
not be commenced on any such project until such a certificate of approval
has been filed, and no building permit for such change or construction
shall be issued unless and until such a certificate of approval has
been received. The failure of the Historic District Commission to
act upon a pending application within 45 days from the date the application
was filed shall be deemed to constitute automatic approval of the
proposed change unless an extension of this forty-five-day period
is agreed upon mutually by the applicant and the Historic District
Commission.
N.Â
Effect of provisions on ordinary maintenance; continuance
of work previously authorized. Nothing in this section shall be taken
or construed to prevent work and repairs on any structure coming under
the heading of ordinary maintenance. Nothing in this section affects
the right to complete any work covered by a permit issued prior to
the date upon which such historic districts may be established.
A.Â
Applicability. The AP Airport Protection District
provisions shall apply to the Cambridge-Dorchester Airport, including
the following:
(1)Â
The aircraft runway existing at the time of adoption
of this chapter with the proposed extension shown on the approved
airport layout plan.
(2)Â
A proposed runway shown in the Airport Layout Plan
contained in the Master Plan, Cambridge-Dorchester Airport, dated
February 1990.
(3)Â
Surrounding lands as herein defined.
B.Â
Applicability of greater restrictions. The provisions
of this section are in addition to the provisions of other districts
of this chapter. In all cases of conflicting requirements, the provision
which represents the greater restriction or higher standard shall
govern.
C.Â
Prohibited uses. Except as otherwise provided in this
chapter, it shall be unlawful to put any land or structure located
within the AP District to any of the following prohibited uses:
(1)Â
Overhead high-power transmission lines in excess of
69 kilovolts.
(2)Â
Manufacturing establishments or other uses which produce
smoke interfering with the safe use of the airport.
(3)Â
Rifle ranges and private landing fields which would
interfere with the health, safety and general welfare of the public
in the use of the airport.
(4)Â
All plants, businesses or structures of every kind
which emit or discharge smoke, gases and odor that would or may interfere
with the health, safety and general welfare of the public in the use
of the airport.
(5)Â
Any use which would create electrical, magnetic or
other interference with radio communication between the airport and
aircraft, make it difficult for flyers to distinguish between airport
lights and others, result in glare in the eyes of flyers using the
airport, impair visibility in the vicinity of the airport or otherwise
endanger the landing, taking-off or maneuvering of aircraft.
D.Â
Height restrictions. The following height restrictions
shall apply to the AP District:
(1)Â
Existing extended runway. Notwithstanding any other
provisions of this chapter, no building, structure, tree or any object
of natural growth shall be erected, altered, allowed to grow or maintained
to a height in excess of the height of the approach, horizontal, transitional
or conical surfaces above such zones. The boundary lines of the zones
and the height above mean sea level for the approach, horizontal,
transitional and conical surfaces above such zones for the Cambridge-Dorchester
Airport are indicated on the Dorchester County Zoning Maps or overlays.[1]
[1]
Editor's Note: The Dorchester County Zoning
Maps are on file and open to public inspection in the office of the
County Clerk.
(2)Â
Proposed runway. Notwithstanding any other provisions
of this chapter, no building or structure shall be erected or altered
to a height in excess of the height of the approach, horizontal, transitional
or conical surfaces above such zones unless approved by the Board
of Appeals. The boundary lines of the zones and the height above mean
sea level for the approach, horizontal, transitional and conical surfaces
above such zones for the Cambridge-Dorchester Airport are indicated
on the Dorchester County Zoning Maps or overlays.
[Amended 6-13-2000 by Ord. No. 284; 9-24-2002 by Ord. No. 314; 3-15-2011 by Bill
No. 2011-1; 1-6-2015 by Bill No. 2015-1[1]]
A.Â
General provisions.
(1)Â
Findings.
(a)Â
The Federal Emergency Management Agency has identified special
flood hazard areas within the boundaries of Dorchester County. Special
flood hazard areas are subject to periodic inundation which may result
in loss of life and property, health and safety hazards, disruption
of commerce and governmental services, extraordinary public expenditures
for flood protection and relief, and impairment of the tax base, all
of which adversely affect the public health, safety and general welfare.
Structures that are inadequately elevated, improperly floodproofed,
or otherwise unprotected from flood damage also contribute to flood
losses.
(b)Â
Dorchester County, by resolution, agreed to meet the requirements
of the National Flood Insurance Program and was accepted for participation
in the program on October 15, 1981. As of that date, the initial effective
date of the Dorchester County Flood Insurance Rate Map, all development
and new construction as defined herein, are to be compliant with these
regulations.
(2)Â
Statutory authorization. The Maryland General Assembly, in Md. Code
Ann., 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 Dorchester County does hereby adopt the following Floodplain
Management Regulations.
(3)Â
Statement of purpose. It is the purpose of these regulations to promote
the public health, safety and general welfare, and to:
(a)Â
Protect human life, health and welfare;
(b)Â
Encourage the utilization of appropriate construction practices
in order to prevent or minimize flood damage in the future;
(c)Â
Minimize flooding of water supply and sanitary sewage disposal
systems;
(d)Â
Maintain natural drainage;
(e)Â
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)Â
Minimize the need for rescue and relief efforts associated with
flooding and generally undertaken at the expense of the general public;
(g)Â
Minimize prolonged business interruptions;
(h)Â
Minimize damage to public facilities and other utilities such
as water and gas mains, electric, telephone and sewer lines, streets
and bridges;
(i)Â
Reinforce that those who build in and occupy special flood hazard
areas should assume responsibility for their actions;
(j)Â
Minimize the impact of development on adjacent properties within
and near flood-prone areas;
(k)Â
Provide that the flood storage and conveyance functions of floodplains
are maintained;
(l)Â
Minimize the impact of development on the natural and beneficial
functions of floodplains;
(m)Â
Prevent floodplain uses that are either hazardous or environmentally
incompatible; and
(n)Â
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.
(4)Â
Areas to which these regulations apply. These regulations shall apply to all special flood hazard areas within the jurisdiction of Dorchester County, and identified in Subsection A(5).
(5)Â
Basis for establishing special flood hazard areas and BFEs.
(a)Â
For the purposes of these regulations, the minimum basis for
establishing special flood hazard areas and base flood elevations
is the Flood Insurance Study for Dorchester County, Maryland, and
Incorporated Areas, dated May 24, 2011, and March 16, 2015, or the
most recent revision thereof, and the accompanying Flood Insurance
Rate Map(s), and all subsequent amendments and revisions to the FIRMs.
The FIS and FIRMs are retained on file and available to the public
at Department of Planning and Zoning.
(b)Â
Where field-surveyed topography or digital topography indicates
that ground elevations are below the closest applicable base flood
elevation, even in areas not delineated as a special flood hazard
on the FIRM, the area shall be considered as special flood hazard
area.
(c)Â
To establish base flood elevations in special flood hazard areas that do not have such elevations shown on the FIRM, the Floodplain Administrator may provide the best available data for base flood elevations, may require the applicant to obtain available information from federal, state or other sources, or may require the applicant to establish special flood hazard areas and base flood elevations as set forth in Subsection B(3), (4) and (5) of these regulations.
(6)Â
Abrogation and greater restrictions. 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.
(8)Â
Warning and disclaimer of liability.
(a)Â
The degree of flood protection required by these regulations
is considered reasonable for regulatory purposes and is based on scientific
and engineering considerations. Larger floods can and will occur,
and flood heights may be increased by man-made or natural causes.
These regulations do not imply that land outside of the special flood
hazard areas or uses that are permitted within such areas will be
free from flooding or flood damage.
(b)Â
These regulations shall not create liability on the part of
Dorchester County, any officer or employee thereof the Maryland Department
of the Environment (MDE) or the Federal Emergency Management Agency
(FEMA), for any flood damage that results from reliance on these regulations
or any administrative decision lawfully made hereunder.
(9)Â
Severability. Should any subsection 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.
(10)Â
Definitions.
(a)Â
Unless specifically defined below, words or phrases used in
these regulations shall be interpreted to have the meaning they have
in common usage and to give these regulations the most reasonable
application.
(b)Â
ACCESSORY STRUCTURE
AGREEMENT TO SUBMIT AN ELEVATION CERTIFICATE
ALTERATION OF A WATERCOURSE
AREA OF SHALLOW FLOODING
BASE BUILDING
BASE FLOOD
BASE FLOOD ELEVATION (BFE)
BASEMENT
BUILDING CODE(S)
COASTAL A ZONE
COASTAL HIGH-HAZARD AREA
COMMUNITY
CRITICAL AND ESSENTIAL FACILITIES
DECLARATION OF LAND RESTRICTION (NONCONVERSION AGREEMENT)
DEVELOPMENT
ELEVATION CERTIFICATE
ENCLOSURE BELOW THE LOWEST FLOOR
FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)
FLOOD-DAMAGE-RESISTANT MATERIALS
FLOOD INSURANCE RATE MAP (FIRM)
FLOOD INSURANCE STUDY (FIS)
FLOOD OPENING
FLOOD or FLOODING
FLOODPLAIN
FLOODPROOFING CERTIFICATE
FLOODPROOFING or FLOODPROOFED
FLOOD PROTECTION ELEVATION
FLOOD PROTECTION SETBACK
FLOODWAY
FREE-OF-OBSTRUCTION
FLOOD ZONE
[1]Â
[2]Â
[3]Â
[4]Â
[5]Â
[6]Â
FUNCTIONALLY DEPENDENT USE
HIGHEST ADJACENT GRADE
HISTORIC STRUCTURE
[1]Â
[2]Â
[3]Â
HYDROLOGIC AND HYDRAULIC ENGINEERING ANALYSES
LETTER OF MAP CHANGE (LOMC)
[1]Â
[2]Â
[3]Â
LICENSED
LOWEST FLOOR
LIMIT OF MODERAL WAVE ACTION (LiMWA)
MANUFACTURED HOME
MARKET VALUE
MARYLAND DEPARTMENT OF THE ENVIRONMENT (MDE)
MIXED-USE STRUCTURE
NATIONAL FLOOD INSURANCE PROGRAM (NFIP)
NEW CONSTRUCTION
NFIP STATE COORDINATOR
NONTIDAL WATERS OF THE STATE
PERSON
RECREATIONAL VEHICLE
SPECIAL FLOOD HAZARD AREA (SFHA)
START OF CONSTRUCTION
STRUCTURE
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
[1]Â
[2]Â
TEMPORARY STRUCTURE
VARIANCE
VIOLATION
WATERCOURSE
WATERS OF THE STATE
[1]Â
[2]Â
[3]Â
[4]Â
[5]Â
As used in this section, the following terms shall have the
meanings indicated:
A building or structure on the same lot with, and of a nature
customarily incidental and subordinate to, the principal structure.
For the purposes of these regulations, an accessory structure shall
be used solely for parking of vehicles and limited storage.
A form on which the applicant for a permit to construct a
building or structure, to construct certain horizontal additions,
to place or replace a manufactured home, to substantially improve
a building, structure, or manufactured home, agrees to have an elevation
certificate prepared by a licensed professional engineer or licensed
professional surveyor, as specified by the Floodplain Administrator,
and to submit the certificate:
For the purpose of these regulations, alteration of a watercourse
includes, but is not limited to, widening, deepening or relocating
the channel, including excavation or filling of the channel. Alteration
of a watercourse does not include construction of a road, bridge,
culvert, dam, or in-stream pond unless the channel is proposed to
be realigned or relocated as part of such construction.
A designated Zone AO on the Flood Insurance Rate Map with
a one-percent annual chance or greater of flooding to an average depth
of one to three feet where a clearly defined channel does not exist,
where the path of flooding is unpredictable, and where velocity flow
may be evident; such flooding is characterized by ponding or sheet
flow.
The building to which an addition is being added. This term
is used in provisions relating to additions.
The flood having a one-percent chance of being equaled or
exceed in any given year; the base flood also is referred to as the
one-percent-annual-chance (one-hundred-year) flood.
The water surface elevation of the base flood in relation
to the datum specified on the community's Flood Insurance Rate Map.
In areas of shallow flooding, the base flood elevation is the highest
adjacent natural grade elevation plus the depth number specified in
feet on the Flood Insurance Rate Map, or at least four feet if the
depth number is not specified.
Any area of the building having its floor subgrade (below
ground level) on all sides.
The effective Maryland Building Performance Standards (COMAR
05.02.07), including the building code, residential code, and the
Dorchester County Building Code.
An area within a special flood hazard area, landward of a
coastal high-hazard area (V Zone) or landward of a shoreline without
a mapped coastal high-hazard area, in which the principal source(s)
of flooding are astronomical tides and storm surges, and in which,
during base flood conditions, the potential exists for breaking waves
with heights greater than or equal to 1.5 feet. The inland limit of
the Coastal A Zone may be delineated on FIRMs as the Limit of Moderate
Wave Action (LiWMA).
An area of special flood hazard extending from offshore to
the inland limit of a primary frontal dune along an open coast and
any other area subject to high velocity wave action from storms. Coastal
high-hazard areas also are referred to as "V Zones" and are designated
on FIRMs as Zones VE or V1-30.
A political subdivision of the State of Maryland (county,
city or town) that has authority to adopt and enforce floodplain management
regulations within its jurisdictional boundaries.
Buildings and other structures that are intended to remain
operational in the event of extreme environmental loading from flood,
wind, snow or earthquakes. (NOTE: See Maryland Building Performance
Standards, Section 1602 and Table 1604.5.) Critical and essential
facilities typically include hospitals, fire stations, police stations,
storage of critical records, facilities that handle or store hazardous
materials, and similar facilities.
A form signed by the owner to agree not to convert or modify
in any manner that is inconsistent with the terms of the permit and
these regulations, certain enclosures below the lowest floor of elevated
buildings and certain accessory structures. The form requires the
owner to record it on the property deed to inform future owners of
the restrictions.
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, placement
of manufactured homes, mining, dredging, filling, grading, paving,
excavation or drilling operations or storage of equipment or materials.
The FEMA form on which surveyed elevations and other data
pertinent to a property and a building are identified and which shall
be completed by a licensed professional land surveyor or a licensed
professional engineer, as specified by the Floodplain Administrator.
When used to document the height above grade of buildings in special
flood hazard areas for which base flood elevation data are not available,
the elevation certificate shall be completed in accordance with the
instructions issued by FEMA. (NOTE: FEMA Form 086-0-33 and instructions
are available online at http:// www.fema.gov/library/viewRecord.do?id=1383.)
An unfinished or flood-resistant enclosure that is located
below an elevated building, is surrounded by walls on all sides, and
is usable solely for parking of vehicles, building access or storage,
in an area other than a basement area, provided that such enclosure
is built in accordance with the applicable design requirements specified
in these regulations. Also see "lowest floor."
The federal agency with the overall responsibility for administering
the National Flood Insurance Program.
Any construction material that is capable of withstanding
direct and prolonged contact with floodwaters without sustaining any
damage that requires more than cosmetic repair.
An official map on which the Federal Emergency Management
Agency has delineated special flood hazard areas to indicate the magnitude
and nature of flood hazards, to designate applicable flood zones,
and to delineate floodways, if applicable. FIRMs that have been prepared
in digital format or converted to digital format are referred to as
Digital FIRMs (DFIRM). These DFIRMs and printed products using these
DFIRMs are equivalent to FIRMs, and as implemented in FEMA's "Use
of Digital Flood Hazard Data" policy (42 U.S.C. § 4101),
may be used for all official NFIP purposes and these regulations.
The official report in which the Federal Emergency Management
Agency has provided flood profiles, floodway information, and the
water surface elevations.
A flood opening (nonengineered) is an opening that is used
to meet the prescriptive requirement of one square inch of net open
area for every square foot of enclosed area. An engineered flood opening
is an opening that is designed and certified by a licensed professional
engineer or licensed architect as meeting certain performance characteristics,
including providing automatic entry and exit of floodwaters; this
certification requirement may be satisfied by an individual certification
for a specific structure or issuance of an Evaluation Report by the
ICC Evaluation Service, Inc. (NOTE: See NFIP Technical Bulletin No.
1, "Openings in Foundation Walls and Walls of Enclosures.")
A general and temporary condition of partial or complete
inundation of normally dry land areas from:
Any land area susceptible to being inundated by water from
any source. (See definition of "flood or flooding.")
FEMA form that is to be completed, signed and sealed by a licensed professional engineer or licensed architect to certify that the design of floodproofing and proposed methods of construction are in accordance with the applicable requirements of Subsection D(5)(b) of these regulations. (NOTE: FEMA Form 086-0-34 is available online at http:// www.fema.gov/library/viewRecord.do?id=1600.)
Any combination of structural and nonstructural additions,
changes, or adjustments to buildings or structures which reduce or
eliminate flood damage to real estate or improved real property, water
and sanitary facilities, structures and their contents, such that
the buildings or structures are watertight with walls substantially
impermeable to the passage of water and with structural components
having the capability of resisting hydrostatic and hydrodynamic loads
and effects of buoyancy. (NOTE: State regulations at COMAR 26.17.04.11(B)(7)
do not allow new nonresidential buildings in nontidal waters of the
state to be floodproofed.)
The base flood elevation plus two feet of freeboard. Freeboard
is a factor of safety that compensates for uncertainty in factors
that could contribute to flood heights greater than the height calculated
for a selected size flood and floodway conditions, such as wave action,
obstructed bridge openings, debris and ice jams, climate change, and
the hydrologic effect of urbanization in a watershed.
A distance measured perpendicular to the top of bank of a
watercourse that delineates an area to be left undisturbed to minimize
future flood damage and to recognize the potential for bank erosion.
Along nontidal waters of the state, the flood protection setback is:
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to pass the base flood discharge
such that the cumulative increase in the water surface elevation of
the base flood discharge is no more than a designated height. When
shown on a FIRM, the floodway is referred to as the "designated floodway."
A term that describes open foundations (pilings, columns,
or piers) without attached elements or foundation components that
would obstruct the free passage of floodwaters and waves beneath structures
that are elevated on such foundations. (NOTE: See NFIP Technical Bulletin
No. 5, "Free-of-Obstruction Requirements.")
A designation for areas that are shown on Flood Insurance
Rate Maps:
Zone A: special flood hazard areas subject to inundation by
the one-percent-annual-chance (one-hundred-year) flood; base flood
elevations are not determined.
Zone AE and Zone A1-30: special flood hazard areas subject to
inundation by the one-percent annual chance (one-hundred-year) flood;
base flood elevations are determined; floodways may or may not be
determined. In areas subject to tidal flooding, the limit of moderate
wave action may or may not be delineated.
Zone AH and Zone AO: areas of shallow flooding, with flood depths
of one to three feet (usually areas of ponding or sheet flow on sloping
terrain), with or without BFEs or designated flood depths.
Zone B and Zone X (shaded): areas subject to inundation by the
two-tenths-percent-chance (five-hundred-year) flood; areas subject
to the one-percent-annual-chance (one-hundred-year) flood with average
depths of less than one foot or with contributing drainage area less
than one square mile; and areas protected from the base flood by levees.
Zone C and Zone X (unshaded): areas outside of zones designated
A, AE, A1-30, AO, VE, V1-30, B, and X (shaded).
Zone VE and Zone V1-30: special flood hazard areas subject to
inundation by the one-percent-annual-chance (one-hundred-year) flood
and subject to high velocity wave action. (Also see "coastal high-hazard
area.")
A use which cannot perform its intended purpose unless it
is located or carried out in close proximity to water; the term includes
only docking facilities, port facilities that are necessary for the
loading and unloading of cargo or passengers, and ship-building and
ship-repair facilities, but does not include long-term storage or
related manufacturing facilities.
The highest natural elevation of the ground surface, prior
to construction, next to the proposed foundation of a structure.
Any structure that is:
Individually listed in the National Register of Historic Places
(a listing maintained by the United States Department of Interior)
or preliminarily determined by the Secretary of the Interior as meeting
the requirements for individual listings on the National Register;
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district; or
Individually listed on the Maryland Register of Historic Places.
Analyses performed by a licensed professional engineer, in
accordance with standard engineering practices that are accepted by
the Maryland Department of the Environment (Nontidal Wetlands and
Waterways) and FEMA, used to determine the base flood, other frequency
floods, flood elevations, floodway information and boundaries, and
flood profiles.
A Letter of Map Change is an official FEMA determination,
by letter, that amends or revises an effective Flood Insurance Rate
Map or Flood Insurance Study. Letters of Map Change include:
Letter of Map Amendment (LOMA): an amendment based on technical
data showing that a property was incorrectly included in a designated
special flood hazard area. A LOMA amends the current effective Flood
Insurance Rate Map and establishes that a specific property or structure
is not located in a special flood hazard area.
Letter of Map Revision (LOMR): a revision based on technical
data that may show changes to flood zones, flood elevations, floodplain
and floodway delineations, and planimetric features. A Letter of Map
Revision Based on Fill (LOMR-F) is a determination that a structure
or parcel of land has been elevated by fill above the base flood elevation
and is, therefore, no longer exposed to flooding associated with the
base flood. In order to qualify for this determination, the fill must
have been permitted and placed in accordance with the community's
floodplain management regulations.
Conditional Letter of Map Revision (CLOMR): a formal review
and comment as to whether a proposed flood protection project or other
project complies with the minimum NFIP requirements for such projects
with respect to delineation of special flood hazard areas. A Conditional
Letter of Map Revision Based on Fill (CLOMR-F) is a determination
that a parcel of land or proposed structure that will be elevated
by fill would not be inundated by the base flood if fill is placed
on the parcel as proposed or the structure is built as proposed. A
CLOMR does not revise the effective Flood Insurance Rate Map or Flood
Insurance Study; upon submission and approval of certified as-built
documentation, a Letter of Map Revision may be issued by FEMA, to
revise the effective FIRM.
As used in these regulations, licensed refers to professionals
who are authorized to practice in the State of Maryland by issuance
of licenses by the Maryland Board of Architects, Maryland Board of
Professional Engineers, Maryland Board of Professional Land Surveyors,
and the Maryland Real Estate Appraisers and Home Inspectors Commission.
The lowest floor of the lowest enclosed area (including basement)
of a building or structure; the floor of an enclosure below the lowest
floor is not the lowest floor, provided the enclosure is constructed
in accordance with these regulations. The lowest floor of a manufactured
home is the bottom of the lowest horizontal supporting member (longitudinal
chassis frame beam).
Inland limit of the area affected by waves greater than 1.5
feet during the base flood. Base flood conditions between the VE Zone
and the LiMWA will be similar to, but less severe than those in the
VE Zone.
A structure, transportable in one or more sections, which
is built on a permanent chassis and is designed for use with or without
a permanent foundation when connected to the required utilities. The
term "manufactured home" does not include a recreational vehicle.
The price at which a property will change hands between a
willing buyer and a willing seller, neither party being under compulsion
to buy or sell and both having reasonable knowledge of relevant facts.
For the purposes of these regulations, the market value of a building
is determined by a licensed real estate appraiser or the most recent,
full phased-in assessment value of the building (improvement) determined
by the Maryland Department of Assessments and Taxation.
A principal department of the State of Maryland that is charged
with, among other responsibilities, the coordination of the National
Flood Insurance Program in Maryland (NFIP State Coordinator) and the
administration of regulatory programs for development and construction
that occur within the waters of the state, including nontidal wetlands,
nontidal waters and floodplains, and state and private tidal wetlands
(tidal wetlands). Unless otherwise specified, "MDE" refers to the
Department's Wetlands and Waterways Program.
Any structure that is used or intended for use for a mixture
of nonresidential and residential uses in the same structure.
The program authorized by the United States Congress in 42
U.S.C. §§ 4001 to 4129. The NFIP makes flood insurance
coverage available in communities that agree to adopt and enforce
minimum regulatory requirements for development in areas prone to
flooding. (See definition of "special flood hazard area.")
Structures, including additions and improvements, and the
placement of manufactured homes, for which the start of construction
commenced on or after October 15, 1981, the initial effective date
of the Dorchester County Flood Insurance Rate Map, including any subsequent
improvements, alterations, modifications, and additions to such structures.
See "Maryland Department of the Environment."
See "waters of the state." As used in these regulations,
"nontidal waters of the state" refers to any stream or body of water
within the state that is subject to state regulation, including the
"one-hundred-year frequency floodplain of free-flowing waters." COMAR
26.17.04 states that "the landward boundaries of any tidal waters
shall be deemed coterminous with the wetlands boundary maps adopted
pursuant to Environment Article, § 16-301, Annotated Code
of Maryland." Therefore, the boundary between the tidal and nontidal
waters of the state is the tidal wetlands boundary.
An individual or group of individuals, corporation, partnership,
association, or any other entity, including state and local governments
and agencies.
A vehicle that is built on a single chassis, 400 square feet
or less when measured at the largest horizontal projection, designed
to be self-propelled or permanently towable by a light-duty truck,
and designed primarily not for use as a permanent dwelling, but as
temporary living quarters for recreational, camping, travel, or seasonal
use.
The land in the floodplain subject to a one-percent-or-greater chance of flooding in any given year. Special flood hazard areas are designated by the Federal Emergency Management Agency in Flood Insurance Studies and on Flood Insurance Rate Maps as Zones A, AE, AH, AO, A1-30, and A99. The term includes areas shown on other flood maps that are identified in Subsection A(5).
The date the building permit was issued, provided that the
actual start of construction, repair, reconstruction, rehabilitation,
addition placement, or other improvement was within 180 days of the
permit date. The "actual start" means either the first placement of
permanent construction of a structure on a site, such as the pouring
of slab or footings, the installation of piles, the construction of
columns, or any work beyond the stage of excavation; or the placement
of a manufactured home on a foundation. Permanent construction does
not include land preparation, such as clearing, grading and filling;
nor does it include the installation of streets and/or walkways; nor
does it include excavation for a basement, footings, piers, or foundations
or the erection of temporary forms; nor does it include the installation
on the property of accessory structures, such as garages or sheds
not occupied as dwelling units or not part of the main structure.
For substantial improvements, the "actual start of construction" means
the first alteration of any wall, ceiling, floor, or other structural
part of a building, whether or not that alteration affects the external
dimensions of the building.
That which is built or constructed; specifically, a walled
and roofed building, including a gas or liquid storage tank that is
principally above the ground, as well as a manufactured home.
Damage of any origin sustained by a building or structure
whereby the cost of restoring the building or structure to its before-damaged
condition would equal or exceed 50% of the market value of the building
or structure before the damage occurred. For regulatory requirements
that are not set forth in these regulations, the most current edition
of FEMA publication P-758, "Substantial Improvement/Substantial Damage
Desk Reference," shall be used. Also used as "substantially damaged"
structures.
Any reconstruction, rehabilitation, addition, or other improvement
of a building or structure, the cost of which equals or exceeds 50%
of the market value of the building or structure before the start
of construction of the improvement. For regulatory requirements that
are not set forth in these regulations, the most current edition of
FEMA publication P-758, "Substantial Improvement/Substantial Damage
Desk Reference," shall be used. The term includes structures which
have incurred substantial damage, regardless of the actual repair
work performed. The term does not, however, include either:
Any project for improvement of a building or structure to correct
existing violations of state or local health, sanitary, or safety
code specifications which have been identified by the local code enforcement
official prior to submission of an application for a permit and which
are the minimum necessary to assure safe living conditions; or
Any alteration of an historic structure, provided that the alteration
will not preclude the structure's continued designation as an historic
structure.
A structure installed, used, or erected for a period of less
than 180 days.
A grant of relief from the strict application of one or more
requirements of these regulations.
Any construction or development in a special flood hazard
area that is being performed without an issued permit. The failure
of a building, structure, or other development for which a permit
is issued to be fully compliant with these regulations and the conditions
of the issued permit. A building, structure, or other development
without the required design certifications, the elevation certificate,
or other evidence of compliance required is presumed to be a violation
until such time as the required documentation is provided.
The channel, including channel banks and bed, of nontidal
waters of the state.
(See Environment Article, Title 5, Subtitle 1, Annotated
Code of Maryland.) Waters of the state include:
Both surface and underground waters within the boundaries of
the state subject to its jurisdiction;
That portion of the Atlantic Ocean within the boundaries of
the state;
The Chesapeake Bay and its tributaries;
All ponds, lakes, rivers, streams, public ditches, tax ditches,
and public drainage systems within the state, other than those designed
and used to collect, convey, or dispose of sanitary sewage; and
The floodplain of free-flowing waters determined by MDE on the
basis of the one-hundred-year flood frequency.
B.Â
Administration.
(1)Â
Designation of the Floodplain Administrator. The Planning Director
of Dorchester County or his designee is hereby appointed to administer
and implement these regulations and is referred to herein as the Floodplain
Administrator. The Floodplain Administrator may:
(a)Â
Delegate duties and responsibilities set forth in these regulations
to qualified technical personnel, plan examiners, inspectors, and
other employees.
(b)Â
Enter into a written agreement or written contract with another
Maryland community or private sector entity to administer specific
provisions of these regulations. Administration of any part of these
regulations by another entity shall not relieve the community of its
responsibilities pursuant to the participation requirements of the
National Flood Insurance Program as set forth in the Code of Federal
Regulations (CFR) at 44 CFR 59.22.
(2)Â
Duties and responsibilities of the Floodplain Administrator. The
duties and responsibilities of the Floodplain Administrator shall
include but are not limited to:
(a)Â
Review applications for permits to determine whether proposed
activities will be located in flood hazard areas.
(b)Â
Interpret floodplain boundaries and provide available base flood
elevation and flood hazard information.
(c)Â
Review applications to determine whether proposed activities
will be reasonably safe from flooding and require new construction
and substantial improvements to meet the requirements of these regulations.
(d)Â
Review applications to determine whether all necessary permits
have been obtained from the federal, state or local agencies from
which prior or concurrent approval is required; in particular, permits
from MDE for any construction, reconstruction, repair, or alteration
of a dam, reservoir, or waterway obstruction (including bridges, culverts,
structures), any alteration of a watercourse, or any change of the
course, current, or cross-section of a stream or body of water, including
any change to the one-hundred-year frequency floodplain of free-flowing
nontidal waters of the state.
(e)Â
Verify that applicants proposing an alteration of a watercourse
have notified adjacent communities and MDE (NFIP State Coordinator),
and have submitted copies of such notifications to FEMA.
(f)Â
Advise applicants for new construction or substantial improvement
of structures that are located within an area of the Coastal Barrier
Resources System established by the Coastal Barrier Resources Act
that Federal flood insurance is not available on such structures;
areas subject to this limitation are shown on Flood Insurance Rate
Maps as Coastal Barrier Resource System Areas (CBRS) or Otherwise
Protected Areas (OPA).
(g)Â
Approve applications and issue permits to develop in flood hazard
areas if the provisions of these regulations have been met, or disapprove
applications if the provisions of these regulations have not been
met.
(h)Â
Inspect or cause to be inspected, buildings, structures, and
other development for which permits have been issued to determine
compliance with these regulations or to determine if noncompliance
has occurred or violations have been committed.
(i)Â
Review elevation certificates and require incomplete or deficient
certificates to be corrected.
(j)Â
Submit to FEMA, or require applicants to submit to FEMA, data
and information necessary to maintain FIRMs, including hydrologic
and hydraulic engineering analyses prepared by or for Dorchester County
within six months after such data and information become available
if the analyses indicate changes in base flood elevations or boundaries.
(k)Â
Maintain and permanently keep records that are necessary for
the administration of these regulations, including:
[1]Â
Flood Insurance Studies, Flood Insurance Rate Maps (including
historic studies and maps and current effective studies and maps)
and Letters of Map Change; and
[2]Â
Documentation supporting issuance and denial of permits, elevation
certificates, documentation of the elevation (in relation to the datum
on the FIRM) to which structures have been floodproofed, other required
design certifications, variances, and records of enforcement actions
taken to correct violations of these regulations.
(l)Â
Enforce the provisions of these regulations, investigate violations,
issue notices of violations or stop-work orders, and require permit
holders to take corrective action.
(m)Â
Advise the Board of Appeals regarding the intent of these regulations
and, for each application for a variance, prepare a staff report and
recommendation.
(n)Â
Administer the requirements related to proposed work on existing
buildings:
[1]Â
Make determinations as to whether buildings and structures that
are located in flood hazard areas and that are damaged by any cause
have been substantially damaged.
[2]Â
Make reasonable efforts to notify owners of substantially damaged
structures of the need to obtain a permit to repair, rehabilitate,
or reconstruct, and prohibit the noncompliant repair of substantially
damaged buildings except for temporary emergency protective measures
necessary to secure a property or stabilize a building or structure
to prevent additional damage.
(o)Â
Undertake, as determined appropriate by the Floodplain Administrator
due to the circumstances, other actions which may include but are
not limited to issuing press releases, public service announcements,
and other public information materials related to permit requests
and repair of damaged structures; coordinating with other federal,
state, and local agencies to assist with substantial damage determinations;
providing owners of damaged structures information related to the
proper repair of damaged structures in special flood hazard areas;
and assisting property owners with documentation necessary to file
claims for increased cost of compliance (ICC) coverage under NFIP
flood insurance policies.
(p)Â
Notify the Federal Emergency Management Agency when the corporate
boundaries of Dorchester County have been modified, and:
[1]Â
Provide a map that clearly delineates the new corporate boundaries
or the new area for which the authority to regulate pursuant to these
regulations has either been assumed or relinquished through annexation;
and
[2]Â
If the FIRM for any annexed area includes special flood hazard
areas that have flood zones that have regulatory requirements that
are not set forth in these regulations, prepare amendments to these
regulations to adopt the FIRM and appropriate requirements, and submit
the amendments to the governing body for adoption; such adoption shall
take place within six months of the date of annexation and a copy
of the amended regulations shall be provided to MDE (NFIP State Coordinator)
and FEMA.
(q)Â
Upon the request of FEMA, complete and submit a report concerning
participation in the NFIP which may request information regarding
the number of buildings in the SFHA, number of permits issued for
development in the SFHA, and number of variances issued for development
in the SFHA.
(3)Â
Use and interpretation of FIRMs. The Floodplain Administrator shall
make interpretations, where needed, as to the exact location of special
flood hazard areas, floodplain boundaries, and floodway boundaries.
The following shall apply to the use and interpretation of FIRMs and
data:
(a)Â
Where field-surveyed topography indicates that ground elevations:
[1]Â
Are below the base flood elevation, even in areas not delineated
as a special flood hazard area on a FIRM, the area shall be considered
as special flood hazard area and subject to the requirements of these
regulations;
[2]Â
Are above the base flood elevation, the area shall be regulated
as special flood hazard area unless the applicant obtains a Letter
of Map Change that removes the area from the special flood hazard
area.
(b)Â
In FEMA-identified special flood hazard areas where base flood
elevation and floodway data have not been identified and in areas
where FEMA has not identified special flood hazard areas, any other
flood hazard data available from a federal, state, or other source
shall be reviewed and reasonably used.
(c)Â
Base flood elevations and designated floodway boundaries on
FIRMs and in FISs shall take precedence over base flood elevations
and floodway boundaries by any other sources if such sources show
reduced floodway widths and/or lower base flood elevations.
(d)Â
Other sources of data shall be reasonably used if such sources
show increased base flood elevations and/or larger floodway areas
than are shown on FIRMs and in FISs.
(e)Â
If a Preliminary Flood Insurance Rate Map and/or a Preliminary
Flood Insurance Study has been provided by FEMA:
[1]Â
Upon the issuance of a Letter of Final Determination by FEMA,
if the preliminary flood hazard data is more restrictive than the
effective data, it shall be used and shall replace the flood hazard
data previously provided from FEMA for the purposes of administering
these regulations.
[2]Â
Prior to the issuance of a Letter of Final Determination by FEMA, the use of preliminary flood hazard data shall be deemed the best available data pursuant to Subsection A(5)(c) and used where no base flood elevations and/or floodway areas are provided on the effective FIRM.
[3]Â
Prior to issuance of a Letter of Final Determination by FEMA,
the use of preliminary flood hazard data is permitted where the preliminary
base flood elevations, floodplain or floodway boundaries exceed the
base flood elevations and/or designated floodway widths in existing
flood hazard data provided by FEMA. Such preliminary data may be subject
to change and/or appeal to FEMA.
(4)Â
Permits required and expiration.
(a)Â
It shall be unlawful for any person to begin any development or construction which is wholly within, partially within, or in contact with any flood hazard area established in Subsection A(5), including but not limited to filling; grading; construction of new structures; the substantial improvement of buildings or structures, including repair of substantial damage; placement or replacement of manufactured homes, including substantial improvement or repair of substantial damage of manufactured homes; erecting or installing a temporary structure, or alteration of a watercourse, until a permit is obtained from Dorchester County. No such permit shall be issued until the requirements of these regulations have been met.
(b)Â
In addition to the permits required in Subsection B(4)(a), applicants for permits in nontidal waters of the state are advised to contact MDE. Unless waived by MDE, pursuant to Code of Maryland Regulations 26.17.04, Construction on Nontidal Waters and Floodplains, MDE regulates the "one-hundred-year frequency floodplain of free-flowing waters," also referred to as "nontidal waters of the state." To determine the one-hundred-year frequency floodplain, hydrologic calculations are based on the ultimate development of the watershed, assuming existing zoning. The resulting flood hazard areas delineated using the results of such calculations may be different than the special flood hazard areas established in Subsection A(5) of these regulations. A permit from Dorchester County is still required in addition to any state requirements.
(c)Â
A permit is valid provided the actual start of work is within 180 days of the date of permit issuance. Requests for extensions shall be submitted in writing and justifiable cause demonstrated prior to the permit expiration date. The Floodplain Administrator may grant, in writing, up to two extensions of time, for additional periods not exceeding 90 days each and provided there has been no amendment or revision to the basis for establishing special flood hazard areas and BFEs set forth in Subsection A(5).
(5)Â
Application required. Application for a permit shall be made by the
owner of the property or the owner's authorized agent (herein referred
to as the applicant) prior to the start of any work. The application
shall be on a form furnished for that purpose. At a minimum, applications
shall include:
(a)Â
Site plans drawn to scale showing the nature, location, and
dimensions of the area in question, and the location of existing and
proposed structures, excavation, filling, storage of materials, drainage
facilities, and other proposed activities.
(b)Â
Elevation of the existing natural ground where buildings or
structures are proposed, referenced to the datum on the FIRM.
(c)Â
Delineation of flood hazard areas, designated floodway boundaries,
flood zones, base flood elevations, and flood protection setbacks.
Base flood elevations shall be used to delineate the boundary of flood
hazard areas and such delineations shall prevail over the boundary
of SFHAs shown on FIRMs.
(d)Â
Where floodways are not delineated or base flood elevations
are not shown on the FIRMs, the Floodplain Administrator has the authority
to require the applicant to use information provided by the Floodplain
Administrator, information that is available from federal, state,
or other sources, or to determine such information using accepted
engineering practices or methods approved by the Floodplain Administrator.
[NOTE: See "Managing Floodplain Development in Approximate Zone A
Areas: A Guide for Obtaining and Developing Base (one-hundred-year)
Flood Elevations" (FEMA 265).]
(e)Â
Determination of the base flood elevations, for development
proposals and subdivision proposals, each with at least five lots
or at least five acres, whichever is the lesser, in special flood
hazard areas where base flood elevations are not shown on the FIRM;
if hydrologic and hydraulic engineering analyses are submitted, such
analyses shall be performed in accordance with the requirements and
specifications of MDE and FEMA.
(f)Â
Hydrologic and hydraulic engineering analyses for proposals
in special flood hazard areas where FEMA has provided base flood elevations
but has not delineated a floodway; such analyses shall demonstrate
that the cumulative effect of proposed development, when combined
with all other existing and anticipated development will not increase
the water surface elevation of the base flood by more than one foot
or a lower increase if required by MDE.
(g)Â
For encroachments in floodways, an evaluation of alternatives
to such encroachments, including different uses of the site or portion
of the site within the floodway, and minimization of such encroachment.
(h)Â
If fill is proposed to be placed for a purpose other than to
elevate structures, the applicant shall indicate the intended purpose
for the fill.
(i)Â
For proposed buildings and structures, including substantial
improvement and repair of substantial damage, and placement and replacement
of manufactured homes, including substantial improvement and repair
of substantial damage:
[1]Â
The proposed elevation of the lowest floor, including basement,
referenced to the datum on the FIRM and a signed agreement to submit
an elevation certificate.
[2]Â
The signed declaration of land restriction (nonconversion agreement)
that shall be recorded on the property deed prior to issuance of the
certificate of occupancy, if the application includes an enclosure
below the lowest floor or a crawl/underfloor space that is more than
four feet in height.
(j)Â
For accessory structures that are 900 square feet or larger in area (footprint) and that are below the base flood elevation, a variance is required as set forth in Subsection F. If a variance is granted, a signed declaration of land restriction (nonconversion agreement) shall be recorded on the property deed prior to issuance of the certificate of occupancy.
(k)Â
For temporary structures and temporary storage, specification
of the duration of the temporary use.
(l)Â
For proposed work on existing buildings, structure, and manufactured
homes, including any improvement, addition, repairs, alterations,
rehabilitation, or reconstruction, sufficient information to determine
if the work constitutes substantial improvement or repair of substantial
damage, including but not limited to:
[1]Â
If the existing building or structure was constructed after
October 15, 1981, evidence that the work will not alter any aspect
of the building or structure that was required for compliance with
the floodplain management requirements in effect at the time the building
or structure was permitted.
[2]Â
If the proposed work is a horizontal addition, a description
of the addition and whether it will be independently supported or
structurally connected to the base building and the nature of all
other modifications to the base building, if any.
[3]Â
Documentation of the market value of the building or structure
before the improvement or, if the work is repair of damage, before
the damage occurred.
[4]Â
Documentation of the actual cash value of all proposed work,
including the actual cash value of all work necessary to repair and
restore damage to the before-damaged condition, regardless of the
amount of work that will be performed. The value of work performed
by the owner or volunteers shall be valued at market labor rates;
the value of donated or discounted materials shall be valued at market
rates.
(m)Â
Certifications and/or technical analyses prepared or conducted
by a licensed professional engineer or licensed architect, as appropriate,
including:
[1]Â
The determination of the base flood elevations or hydrologic and hydraulic engineering analyses prepared by a licensed professional engineer that are required by the Floodplain Administrator or are required by these regulations in: Subsection C(2) for certain subdivisions and development; Subsection D(3)(a) for development in designated floodways; Subsection D(3)(c) for development in flood hazard areas with base flood elevations but no designated floodways; and Subsection D(3)(e) for deliberate alteration or relocation of watercourses.
[2]Â
The floodproofing certificate for nonresidential structures that are floodproofed as required in Subsection D(5)(b).
[3]Â
Certification that engineered flood openings are designed to meet the minimum requirements of Subsection D(4)(c)[3] to automatically equalize hydrostatic flood forces.
[4]Â
Certification that the proposed elevation, structural design, specifications and plans, and the methods of construction to be used for structures in coastal high-hazard areas (V Zones) and Coastal A Zones, are in accordance with accepted standards of practice and meet the requirements of Subsection E(3)(c).
(n)Â
For nonresidential structures that are proposed with floodproofing, an operations and maintenance plan as specified in Subsection D(5)(b)[3].
(o)Â
Such other material and information as may be requested by the
Floodplain Administrator and necessary to determine conformance with
these regulations.
(6)Â
New technical data.
(a)Â
The applicant may seek a Letter of Map Change by submitting
new technical data to FEMA, such as base maps, topography, and engineering
analyses to support revision of floodplain and floodway boundaries
and/or base flood elevations. Such submissions shall be prepared in
a format acceptable to FEMA and any fees shall be the sole responsibility
of the applicant. A copy of the submittal shall be attached to the
application for a permit.
(b)Â
If the applicant submits new technical data to support any change
in floodplain and designated floodway boundaries and/or base flood
elevations but has not sought a Letter of Map Change from FEMA, the
applicant shall submit such data to FEMA as soon as practicable, but
not later than six months after the date such information becomes
available. Such submissions shall be prepared in a format acceptable
to FEMA and any fees shall be the sole responsibility of the applicant.
(7)Â
Review of application. The Floodplain Administrator shall:
(a)Â
Review applications for development in special flood hazard
areas to determine the completeness of information submitted. The
applicant shall be notified of incompleteness or additional information
that is required to support the application.
(b)Â
Notify applicants that permits from MDE and the United States
Army Corps of Engineers, and other state and federal authorities may
be required.
(c)Â
Review all permit applications to assure that all necessary
permits have been received from the federal, state or local governmental
agencies from which prior approval is required. The applicant shall
be responsible for obtaining such permits, including permits issued
by:
[1]Â
The United States Army Corps of Engineers under Section 10 of
the Rivers and Harbors Act and Section 404 of the Clean Water Act;
[2]Â
MDE pursuant to COMAR 26.23 (Nontidal Wetlands) and Section
401 of the Clean Water Act;
[3]Â
MDE for construction on nontidal waters of the state pursuant
to COMAR 26.17.04; and
[4]Â
MDE pursuant to COMAR 26.24 (Tidal Wetlands).
(8)Â
Inspections. The Floodplain Administrator shall make periodic inspections
of development permitted in special flood hazard areas, at appropriate
times throughout the period of construction in order to monitor compliance.
Such inspections may include:
(a)Â
Stake-out inspection, to determine location on the site relative
to the flood hazard area and designated floodway.
(b)Â
Foundation inspection, upon placement of the lowest floor and
prior to further vertical construction, to collect information or
certification of the elevation of the lowest floor.
(c)Â
Inspection of enclosures below the lowest floor, including crawl/underfloor
spaces, to determine compliance with applicable provisions.
(d)Â
Utility inspection, upon installation of specified equipment
and appliances, to determine appropriate location with respect to
the base flood elevation.
(e)Â
Final inspection prior to issuance of the certificate of occupancy.
(9)Â
Submissions required prior to certificate of occupancy. Pursuant to the agreement to submit an elevation certificate submitted with the application as required in Subsection B(5)(i), the permittee shall have an elevation certificate prepared and submitted prior to issuance of a certificate of occupancy for elevated structures and manufactured homes, including new structures and manufactured homes, substantially improved structures and manufactured homes, and additions to structures and manufactured homes.
C.Â
Requirements in all flood hazard areas.
(1)Â
Application of requirements. The general requirements of this subsection apply to all development proposed within all special flood hazard areas identified in Subsection A(5).
(2)Â
Subdivision proposals and development proposals.
(a)Â
In all flood zones:
[1]Â
Subdivision proposals and development proposals shall be consistent
with the need to minimize flood damage and are subject to all applicable
standards in these regulations.
[2]Â
Subdivision proposals and development proposals shall have utilities
and facilities such as sewer, gas, electrical, and water systems located
and constructed to minimize flood damage.
[3]Â
Subdivision proposals and development proposals shall have adequate
drainage paths provided to reduce exposure to flood hazards and to
guide floodwaters around and away from proposed structures.
[4]Â
Subdivision proposals and development proposals containing at least five lots or at least five acres, whichever is the lesser, that are wholly or partially in flood hazard areas where base flood elevation data are not provided by the Floodplain Administrator or available from other sources, shall be supported by determinations of base flood elevations as required in Subsection B(5) of these regulations.
(b)Â
In special flood hazard areas of nontidal waters of the state:
[1]Â
Subdivision proposals shall be laid out such that proposed building
pads are located outside of the special flood hazard area and any
portion of platted lots that include land areas that are below the
base flood elevation shall be used for other purposes, deed restricted,
or otherwise protected to preserve it as open space.
(3)Â
Protection of water supply and sanitary sewage systems.
(a)Â
New and replacement water supply systems shall be designed to
minimize or eliminate infiltration of floodwaters into the systems.
(b)Â
New and replacement sanitary sewage systems shall be designed
to minimize or eliminate infiltration of floodwaters into systems
and discharges from systems into floodwaters.
(c)Â
On-site waste disposal systems shall be located to avoid impairment
to or contamination from them during conditions of flooding.
(4)Â
Buildings and structures. New buildings and structures (including
the placement and replacement of manufactured homes) and substantial
improvement of existing structures (including manufactured homes)
that are located, in whole or in part, in any special flood hazard
area shall:
(a)Â
Be designed (or modified) and constructed to safely support
flood loads. The construction shall provide a complete load path capable
of transferring all loads from their point of origin through the load-resisting
elements to the foundation. Structures shall be designed, connected
and anchored to resist flotation, collapse or permanent lateral movement
due to structural loads and stresses, including hydrodynamic and hydrostatic
loads and the effects of buoyancy, from flooding equal to the flood
protection elevation or the elevation required by these regulations
or the building code, whichever is higher.
(b)Â
Be constructed by methods and practices that minimize flood
damage.
(d)Â
Have electrical systems, equipment and components, and mechanical, heating, ventilating, air conditioning, and plumbing appliances, plumbing fixtures, duct systems, and other service equipment located at or above the elevation of the lowest floor required in Subsection D(4)(a) or (5)(a) (A Zones) or Subsection E(3)(b) (for V Zones and Coastal A Zones). Electrical wiring systems are permitted to be located below elevation of the lowest floor, provided they conform to the provisions of the electrical part of the building code for wet locations. If replaced as part of a substantial improvement, electrical systems, equipment and components, and heating, ventilation, air conditioning, and plumbing appliances, plumbing fixtures, duct systems, and other service equipment shall meet the requirements of this subsection.
(e)Â
As an alternative to Subsection C(4)(d), electrical systems, equipment and components, and heating, ventilating, air conditioning, and plumbing appliances, plumbing fixtures, duct systems, and other service equipment are permitted to be located below the elevation of the lowest floor, provided they are designed and installed to prevent water from entering or accumulating within the components and to resist hydrostatic and hydrodynamic loads and stresses, including the effects of buoyancy, during the occurrence of flooding to that elevation.
(f)Â
Have the electric panelboard elevated at least three feet above
the BFE.
[Amended 7-21-2020 by Bill No. 2020-5]
[1]Â
Panelboards serving private piers, whether located on the pier
itself or within the Critical Area buffers, shall be located at least
36 inches above the height of the pier and follow the National Electrical
Code (as adopted by the Dorchester County Code) standards for ground
fault protection for piers. The measurement shall be taken vertically
from the top of the pier decking at the bottom of the panelboard.
If the panelboard is located within the Critical Area buffers and
not on the pier itself, the measurement shall be taken from the top
of the pier decking to a horizontal point in space where the subpanel
would be located if it were on the pier. There must be at least 36
inches between these two measurement points.
(i)Â
If located in coastal high-hazard areas (V Zones), comply with the specific requirements of Subsection E.
(j)Â
Comply with the requirements of the most restrictive designation
if located on a site that has more than one flood zone designation
(A Zone, designated floodway, Coastal A Zone, V Zone).
(5)Â
Placement of fill.
(a)Â
Disposal of fill, including but not limited to earthen soils,
rock, rubble, construction debris, woody debris, and trash, shall
not be permitted in special flood hazard areas.
(6)Â
Historic structures. Repair, alteration, addition, rehabilitation,
or other improvement of historic structures shall be subject to the
requirements of these regulations if the proposed work is determined
to be a substantial improvement, unless a determination is made that
the proposed work will not preclude the structure's continued designation
as a historic structure. The Floodplain Administrator may require
documentation of a structure's continued eligibility and designation
as a historic structure.
(7)Â
Manufactured homes.
(a)Â
New manufactured homes shall not be placed or installed in floodways.
(b)Â
For the purpose of these regulations, the lowest floor of a
manufactured home is the bottom of the lowest horizontal supporting
member (longitudinal chassis frame beam).
(c)Â
New manufactured homes located outside of floodways and coastal
high-hazard areas (V Zones), replacement manufactured homes in any
flood hazard areas, and substantial improvement (including repair
of substantial damage) of existing manufactured homes in all flood
hazard area, shall:
[2]Â
Be installed in accordance with the anchor and tie-down requirements
of the building code or the manufacturer's written installation instructions
and specifications; and
[3]Â
Have enclosures below the lowest floor of the elevated manufactured home, if any, including enclosures that are surrounded by rigid skirting or other material that is attached to the frame or foundation, that comply with the requirements of Subsection D(1) through (7) or Subsection E, as applicable to the flood zone. [NOTE: See "Protecting Manufactured Homes from Floods and Other Hazards: A Multi-Hazard Foundation and Installation Guide" (FEMA P-85).]
(8)Â
Recreational vehicles. Recreational vehicles shall:
(9)Â
Critical and essential facilities. Critical and essential facilities
shall:
(a)Â
Not be located in coastal high-hazard areas (V Zones), Coastal
A Zones or floodways.
(b)Â
If located in flood hazard areas other than coastal high-hazard
areas, Coastal A Zones and floodways, be elevated to the higher of
elevation required by these regulations plus one foot, the elevation
required by the building code, or the elevation of the two-tenths-percent-chance
(five-hundred-year) flood.
(10)Â
Temporary structures and temporary storage. In addition to the application requirements of Subsection B(5), applications for the placement or erection of temporary structures and the temporary storage of any goods, materials, and equipment, shall specify the duration of the temporary use. Temporary structures and temporary storage in floodways shall meet the limitations of Subsection D(3)(a) of these regulations. In addition:
(a)Â
Temporary structures shall:
[1]Â
Be designed and constructed to prevent flotation, collapse or
lateral movement resulting from hydrodynamic loads and hydrostatic
loads during conditions of the base flood;
[2]Â
Have electric service installed in compliance with the electric
code; and
[3]Â
Comply with all other requirements of the applicable state and
local permit authorities.
(b)Â
Temporary storage shall not include hazardous materials.
(11)Â
Gas or liquid storage tanks.
(a)Â
Underground tanks in flood hazard areas shall be anchored to
prevent flotation, collapse or lateral movement resulting from hydrostatic
loads, including the effects of buoyancy, during conditions of the
base flood.
(b)Â
Aboveground tanks in flood hazard areas shall be anchored to
a supporting structure and elevated to or above the base flood elevation,
or shall be anchored or otherwise designed and constructed to prevent
flotation, collapse, or lateral movement resulting from hydrodynamic
and hydrostatic loads, including the effects of buoyancy, during conditions
of the base flood.
(c)Â
In flood hazard areas, tank inlets, fill openings, outlets and
vents shall be:
[1]Â
At or above the base flood elevation or fitted with covers designed
to prevent the inflow of floodwater or outflow of the contents of
the tanks during conditions of the base flood; and
[2]Â
Anchored to prevent lateral movement resulting from hydrodynamic
and hydrostatic loads, including the effects of buoyancy, during conditions
of the base flood.
(12)Â
Functionally dependent uses. Applications for functionally dependent uses that do not conform to the requirements of these regulations shall be approved only by variances issued pursuant to Subsection F(1) through (4). If approved, functionally dependent uses shall be protected by methods that minimize flood damage during the base flood, including measures to allow floodwaters to enter and exit, use of flood-damage-resistant materials, and elevation of electric service and equipment to the extent practical given the use of the building.
D.Â
Requirements in flood hazard areas (A zones) that are not coastal
high-hazard areas (V zones) or Coastal A Zones.
(1)Â
General requirements. In addition to the general requirements of Subsection C(1) through (12), the requirements of this subsection shall:
(a)Â
Apply in flood hazard areas that are not identified as coastal
high-hazard areas (V Zones) and Coastal A Zones. These flood hazard
areas, referred to collectively as "A Zones," include special flood
hazard areas along nontidal waters of the state, landward of coastal
high-hazard areas (V Zones), and landward of Coastal A Zones (if delineated).
(b)Â
Apply to all development, new construction, substantial improvements
(including repair of substantial damage), and placement, replacement,
and substantial improvement (including repair of substantial damage)
of manufactured homes.
(2)Â
Flood protection setbacks. Within areas defined by flood protection
setbacks along nontidal waters of the state:
(a)Â
No new buildings, structures, or other development shall be
permitted unless the applicant demonstrates that the site cannot be
developed without such encroachment into the flood protection setback
and the encroachment is the minimum necessary after consideration
of varying other siting standards, such as side, front, and back lot
line setbacks.
(b)Â
Disturbance of natural vegetation shall be minimized and any
disturbance allowed shall be vegetatively stabilized.
(c)Â
Public works and temporary construction may be permitted.
(3)Â
Development that affects flood-carrying capacity of nontidal waters
of the state.
(a)Â
Development in designated floodways. For proposed development that will encroach into a designated floodway, Subsection B(5)(g) requires the applicant to submit an evaluation of alternatives to such encroachment, including different uses of the site or the portion of the site within the floodway, and minimization of such encroachment. This requirement does not apply to fences that do not block the flow of floodwaters or trap debris. Proposed development in a designated floodway may be permitted only if:
[1]Â
The applicant has been issued a permit by MDE; and
[2]Â
The applicant has developed hydrologic and hydraulic engineering
analyses and technical data prepared by a licensed professional engineer
reflecting such changes, and the analyses, which shall be submitted
to the Floodplain Administrator, demonstrate that the proposed activity
will not result in any increase in the base flood elevation; or
[3]Â
If the analyses demonstrate that the proposed activities will
result in an increase in the base flood elevation, the applicant has
obtained a Conditional Letter of Map Revision and a Letter of Map
Revision from FEMA upon completion of the project. Submittal requirements
and fees shall be the responsibility of the applicant.
(b)Â
Development that includes the placement of fill in nontidal waters of the state. For proposed development that includes the placement of fill in nontidal waters of the state, other than development that is subject to Subsection D(3)(d) a hydraulically equivalent volume of excavation is required. Such excavations shall be designed to drain freely.
(c)Â
Development in areas with base flood elevations but no designated
floodways. For development in special flood hazard areas of nontidal
waters of the state with base flood elevations but no designated floodways:
[1]Â
The applicant shall develop hydrologic and hydraulic engineering analyses and technical data reflecting the proposed activity and shall submit such technical data to the Floodplain Administrator as required in Subsection B(5)(f). The analyses shall be prepared by a licensed professional engineer in a format required by FEMA for a Conditional Letter of Map Revision and a Letter of Map Revision upon completion of the project. Submittal requirements and fees shall be the responsibility of the applicant.
[2]Â
The proposed development may be permitted if the applicant has
received a permit by MDE and if the analyses demonstrate that the
cumulative effect of the proposed development, when combined with
all other existing and potential flood hazard area encroachments will
not increase the base flood elevation more than 1.0 foot at any point.
(d)Â
Construction of roads, bridges, culverts, dams and in-stream
ponds. Construction of roads, bridges, culverts, dams, and in-stream
ponds in nontidal waters of the state shall not be approved unless
they comply with this subsection and the applicant has received a
permit from MDE.
(e)Â
Alteration of a watercourse. For any proposed development that involves alteration of a watercourse not subject to Subsection D(3)(e)[3], unless waived by MDE, the applicant shall develop hydrologic and hydraulic engineering analyses and technical data reflecting such changes, including the floodway analysis required in Subsection B(5)(a) through (o), and submit such technical data to the Floodplain Administrator and to FEMA. The analyses shall be prepared by a licensed professional engineer in a format required by MDE and by FEMA for a Conditional Letter of Map Revision or Letter of Map Revision. Submittal requirements and fees shall be the responsibility of the applicant. Alteration of a watercourse may be permitted only upon submission, by the applicant, of the following:
[1]Â
A description of the extent to which the watercourse will be
altered or relocated;
[2]Â
A certification by a licensed professional engineer that the
flood-carrying capacity of the watercourse will not be diminished;
[3]Â
Evidence that adjacent communities, the United States Army Corps
of Engineers, and MDE have been notified of the proposal, and evidence
that such notifications have been submitted to FEMA; and
[4]Â
Evidence that the applicant shall be responsible for providing
the necessary maintenance for the altered or relocated portion of
the watercourse so that the flood-carrying capacity will not be diminished.
The Floodplain Administrator may require the applicant to enter into
an agreement with Dorchester County specifying the maintenance responsibilities;
if an agreement is required, the permit shall be conditioned to require
that the agreement be recorded on the deed of the property which shall
be binding on future owners.
(4)Â
Residential structures and residential portions of mixed-use structures. New residential structures and residential portions of mixed-use structures, and substantial improvement (including repair of substantial damage) of existing residential structures and residential portions of mixed-use structures shall comply with the applicable requirements of Subsection C(1) through (12) and this subsection. See Subsection D(6) for requirements for horizontal additions.
(a)Â
Elevation requirements.
[1]Â
Lowest floors shall be elevated to or above the flood protection
elevation.
[2]Â
In areas of shallow flooding (Zone AO), the lowest floor (including
basement) shall be elevated at least as high above the highest adjacent
grade as the depth number specified in feet on the FIRM plus two feet,
or at least four feet if a depth number is not specified.
(b)Â
Limitations on use of fill to elevate structures. Unless otherwise restricted by these regulations, especially by the limitations in Subsection D(3)(a), (b) and (c), fill placed for the purpose of raising the ground level to support a building or structure shall:
[1]Â
Consist of earthen soil or rock materials only.
[2]Â
Extend laterally from the building footprint to provide for
adequate access as a function of use; the Floodplain Administrator
may seek advice from the State Fire Marshal's Office and/or the local
fire services agency;
[3]Â
Comply with the requirements of the building code and be placed
and compacted to provide for stability under conditions of rising
and falling floodwaters and resistance to erosion, scour, and settling;
[4]Â
Be sloped no steeper than one vertical to two horizontal, unless
approved by the Floodplain Administrator;
[5]Â
Be protected from erosion associated with expected velocities
during the occurrence of the base flood; unless approved by the Floodplain
Administrator, fill slopes shall be protected by vegetation if the
expected velocity is less than five feet per second, and by other
means if the expected velocity is five feet per second or more; and
[6]Â
Be designed with provisions for adequate drainage and no adverse
effect on adjacent properties.
(c)Â
Enclosures below the lowest floor.
[1]Â
Enclosures below the lowest floor shall be used solely for parking
of vehicles, building access, crawl/underfloor spaces, or limited
storage.
[2]Â
Enclosures below the lowest floor shall be constructed using
flood-damage-resistant materials.
[3]Â
Enclosures below the lowest floor shall be provided with flood
openings which shall meet the following criteria:
[a]Â
There shall be a minimum of two flood openings
on different sides of each enclosed area; if a building has more than
one enclosure below the lowest floor, each such enclosure shall have
flood openings on exterior walls.
[b]Â
The total net area of all flood openings shall
be at least one square inch for each square foot of enclosed area
(nonengineered flood openings), or the flood openings shall be engineered
flood openings that are designed and certified by a licensed professional
engineer to automatically allow entry and exit of floodwaters; the
certification requirement may be satisfied by an individual certification
or an evaluation report issued by the ICC Evaluation Service, Inc.
[c]Â
The bottom of each flood opening shall be one foot
or less above the higher of the interior floor or grade, or the exterior
grade, immediately below the opening.
[d]Â
Any louvers, screens or other covers for the flood
openings shall allow the automatic flow of floodwaters into and out
of the enclosed area.
[e]Â
If installed in doors, flood openings that meet
requirements of Subsection D(4)(c)[3][a] through [d], are acceptable;
however, doors without installed flood openings do not meet the requirements
of this subsection.
(5)Â
Nonresidential structures and nonresidential portions of mixed-use structures. New nonresidential structures and nonresidential portions of mixed-use structures, and substantial improvement (including repair of substantial damage) of existing nonresidential structures and nonresidential portions of mixed-use structures shall comply with the applicable requirements of Subsection C(1) through (12) and the requirements of this subsection. See Subsection D(6) for requirements for horizontal additions.
(a)Â
Elevation requirements. Elevated structures shall:
[1]Â
Have the lowest floor (including basement) elevated to or above
the flood protection elevation; or
[2]Â
In areas of shallow flooding (Zone AO), have the lowest floor
(including basement) elevated at least as high above the highest adjacent
grade as the depth number specified in feet on the FIRM plus two feet,
or at least four feet if a depth number is not specified; and
(b)Â
Floodproofing requirements.
[3]Â
If floodproofing is proposed, structures shall:
[a]Â
Be designed to be dry floodproofed such that the
building or structure is watertight with walls and floors substantially
impermeable to the passage of water to the level of the flood protection
elevation plus 1.0 foot; or
[b]Â
If located in an area of shallow flooding (Zone
AO), be dry floodproofed at least as high above the highest adjacent
grade as the depth number specified on the FIRM plus three feet, or
at least five feet if a depth number is not specified; and
[c]Â
Have structural components capable of resisting
hydrostatic and hydrodynamic loads and effects of buoyancy;
[d]Â
Have floodproofing measures that are designed taking
into consideration the nature of flood-related hazards; frequency,
depth and duration of flooding; rate of rise and fall of floodwater;
soil characteristics; flood-borne debris; at least 12 hours of flood
warning time from a credible source; and time necessary to implement
any measures that require human intervention;
[e]Â
Have at least one door above the applicable flood
elevation that allows human ingress and egress during conditions of
flooding;
[f]Â
Have an operations and maintenance plan that is
filed with local emergency management officials and that specifies
the owner/occupant's responsibilities to monitor flood potential;
the location of any shields, doors, closures, tools, or other goods
that are required for implementation; maintenance of such goods; methods
of installation; and periodic inspection; and
[g]Â
Be certified by a licensed professional engineer or licensed architect, through execution of a floodproofing certificate that states that the design and methods of construction meet the requirements of this subsection. The floodproofing certificate shall be submitted with the construction drawings as required in Subsection B(5)(m).
(6)Â
Horizontal additions.
(b)Â
In nontidal waters of the state that are subject to the regulatory authority of MDE, all horizontal additions shall comply with the applicable requirements of Subsection C(1) through (12) and this subsection, and:
[1]Â
If the addition is structurally connected to the base building, the requirements of Subsection D(6)(c) apply.
[2]Â
If the addition has an independent foundation and is not structurally
connected to the base building and the common wall with the base building
is modified by no more than a doorway, the base building is not required
to be brought into compliance.
(d)Â
For horizontal additions with independent foundations that are
not structurally connected to the base building and the common wall
with the base building is modified by no more than a doorway, the
base building is not required to be brought into compliance.
(e)Â
A horizontal addition to a building or structure that is not
substantial improvement, and is not located in nontidal waters of
the state, is not required to comply with this subsection. [NOTE:
See "Substantial Improvement/Substantial Damage Desk Reference" (FEMA
P-758).]
(7)Â
Accessory structures, additions to accessory structures, and attached
garages.
(a)Â
Accessory structures.
[1]Â
Detached private garages and other accessory structures containing 299 square feet or less shall be elevated to the base flood elevation or may be exempt from the elevation requirement but must be equipped with flood openings or water equalizing vents as in Subsection D(4)(c). A nonconversion agreement must be signed by the property owner.
[2]Â
Detached private garages and other accessory structures between
300 and 899 square feet shall be elevated to the base flood elevation
or may be exempt from the elevation requirement, provided that these
structures meet all of the following conditions:
[a]Â
Not be used for human habitation.
[b]Â
Be designed to have low flood damage potential.
[c]Â
Be constructed and placed on the lot to offer minimum
resistance to the flow of floodwaters.
[d]Â
Be firmly anchored to prevent flotation which may
result in damage to other structures.
[e]Â
Have the floor of the structure at or above grade.
[g]Â
The County must determine that the use will be
accessory, and not have any commercial implications.
[h]Â
All electrical, mechanical and heating devices
must be elevated above the one-hundred-year flood elevation.
[i]Â
These conditions must be recorded in a declaration
of land restriction (nonconversion agreement) prior to permit issuance.
[3]Â
Detached private garages and other accessory structures over 899 square feet must comply with the lowest floor elevation requirements as well as Subsection D(7)(a)[2] above. However these structures are only required to be elevated to the base flood elevation.
(b)Â
Additions to accessory structures.
[1]Â
Additions or the sum total of successive additions of less than 300 square feet to accessory structures which legally existed as of the effective date of this chapter, as amended, are exempt from this subsection. However, they must comply with the provisions of Subsection D(4)(c) and are only required to be elevated to the base flood elevation, or be floodproofed.
[2]Â
Additions between 300 and 899 square feet.
[a]Â
Additions or the sum total of successive additions
of between 300 square feet and 899 square feet to accessory structures
which legally existed on the effective date of this chapter, as amended,
are exempt from this subsection, provided that the addition(s):
[i]Â
Not be used for human habitation.
[ii]Â
Be designed to have low flood damage potential.
[iii]Â
Be constructed and placed on the lot to offer
minimum resistance to the flow of floodwaters.
[iv]Â
Be firmly anchored to prevent flotation which
may result in damage to other structures.
[v]Â
The County must determine that the use will be
accessory, and not have any commercial implications.
[vi]Â
A declaration of land restriction (nonconversion
agreement) must be signed and recorded prior to permit issuance.
[b]Â
The floor of the addition must be at or above finished
grade.
[c]Â
Fully enclosed areas below the base flood elevation
shall be designed to equalize hydrostatic flood forces on exterior
walls by allowing for the entry and exit of floodwaters. Designs for
meeting this requirement must either be certified by a registered
professional engineer or architect or must meet or exceed the following
minimum criteria:
[i]Â
A minimum of two openings on different walls having
a total net area of not less than one square inch for every square
foot of enclosed area subject to flooding shall be provided.
[ii]Â
The bottom of all openings shall be no more than
one foot above grade.
[iii]Â
Openings may be equipped with screens, louvers
or other coverings or devices, provided that they permit the entry
and exit of floodwaters.
[3]Â
Additions or the sum of successive additions of over 899 square
feet to accessory structures which legally existed as of the effective
date of this chapter, as amended, shall:
[a]Â
Have the lowest floor of the addition(s) constructed
at or above the base flood elevation.
[b]Â
Provide the Department with a signed elevation
certificate that the lowest floor of the addition has been built at
or above the base flood elevation before the structure may be used
for its intended purpose. This certificate shall be obtained from
a registered surveyor or engineer after the benchmark has been established
on the building site by a registered surveyor or engineer.
(c)Â
Attached garages. A garage built during the initial construction of the principal dwelling shall be elevated to the greatest extent possible and be equipped with flood openings or water equalizing vents as in Subsection D(4)(c). However, garages built both during and after the initial construction of the principal dwelling may be permitted as an exemption to the elevation requirement if used solely for the parking of vehicles, storage or building access and the following conditions are met:
[1]Â
The ground floor of the private garage cannot be converted to
a living space. (A declaration of land restriction (nonconversion
agreement) must be signed and recorded by the applicant.)
[2]Â
The garage must be properly anchored with adequate footings.
[3]Â
All mechanical, heating, and electrical equipment must be elevated
at or above the base flood elevation.
E.Â
Requirements in coastal high-hazard areas (V Zones) and Coastal A
Zones.
(1)Â
General requirements. In addition to the general requirements of Subsection D, the requirements of this subsection shall:
(a)Â
Apply in flood hazard areas that are identified as coastal high-hazard
areas (V Zones) and Coastal A Zones (if delineated).
(b)Â
Apply to all development, new construction, substantial improvements (including repair of substantial damage), and placement, replacement, and substantial improvement (including repair of substantial damage) of manufactured homes. Exception: In Coastal A Zones, the requirements of Subsection E shall apply to substantial improvements (including repair of substantial damage), and substantial improvement of manufactured homes (including repair of substantial damage) and replacement manufactured homes. [NOTE: See "Coastal Construction Manual" (FEMA P-55).]
(2)Â
Location and site preparation.
(a)Â
The placement of structural fill for the purpose of elevating
buildings is prohibited.
(b)Â
Buildings shall be located landward of the reach of mean high
tide.
(c)Â
Minor grading, and the placement of minor quantities of fill,
shall be permitted for landscaping and for drainage purposes under
and around buildings and for support of parking slabs, pool decks,
patios and walkways.
(d)Â
Site preparations shall not alter sand dunes unless an engineering
analysis demonstrates that the potential for flood damage is not increased.
(3)Â
Residential and nonresidential structures. New structures and substantial improvement (including repair of substantial damage) of existing structures shall comply with the applicable requirements of Subsection D and the requirements of this subsection.
(a)Â
Foundations.
[1]Â
Structures shall be supported on pilings or columns and shall
be adequately anchored to such pilings or columns. Pilings shall have
adequate soil penetrations to resist the combined wave and wind loads
(lateral and uplift). Water loading values used shall be those associated
with the base flood. Wind loading values shall be those required by
applicable building codes. Pile embedment shall include consideration
of decreased resistance capacity caused by scour of soil strata surrounding
the piling.
[2]Â
Slabs, pools, pool decks and walkways shall be located and constructed
to be structurally independent of structures and their foundations
to prevent transfer of flood loads to the structures during conditions
of flooding, scour, or erosion from wave-velocity flow conditions,
and shall be designed to minimize debris impacts to adjacent properties
and public infrastructure.
(b)Â
(c)Â
Certification of design. As required in Subsection B(4)(m), the applicant shall include in the application a certification prepared by a licensed professional engineer or a licensed architect that the design and methods of construction to be used meet the requirements of Subsection E(3)(a), (b), (d), and the building code.
(d)Â
Enclosures below the lowest floor.
[1]Â
Enclosures below the lowest floor shall be used solely for parking
of vehicles, building access or limited storage.
[2]Â
Enclosures below the lowest floor shall be less than 299 square
feet in area (exterior measurement).
[3]Â
Walls and partitions are permitted below the elevated floor,
provided that such walls and partitions are designed to break away
under flood loads and are not part of the structural support of the
building or structure. [NOTE: See NFIP Technical Bulletin No. 9, "Design
and Construction Guidance for Breakaway Walls."]
[4]Â
Electrical, mechanical, and plumbing system components shall
not be mounted on or penetrate through walls that are designed to
break away under flood loads.
[5]Â
Walls intended to break away under flood loads shall be constructed
with insect screening or open lattice, or shall be designed to break
away or collapse without causing collapse, displacement or other structural
damage to the elevated portion of the building or supporting foundation
system. Such walls, framing and connections shall have a design safe
loading resistance of not less than 10 pounds per square foot and
no more than 20 pounds per square foot; or
[6]Â
Where wind loading values of the building code exceed 20 pounds
per square foot, the applicant shall submit a certification prepared
and sealed by a licensed professional engineer or licensed architect
that:
[a]Â
The walls and partitions below the lowest floor
have been designed to collapse from a water load less than that which
would occur during the base flood.
[b]Â
The elevated portion of the building and supporting
foundation system have been designed to withstand the effects of wind
and flood loads acting simultaneously on all building components (structural
and nonstructural). Water loading values used shall be those associated
with the base flood; wind loading values used shall be those required
by the building code.
[c]Â
In Coastal A Zones, in addition to the requirements of this subsection, walls below the lowest floor shall have flood openings that meet the requirements of Subsection D(4)(c)[3].
(4)Â
Horizontal additions to structures.
(b)Â
For horizontal additions, whether structurally connected or
not structurally connected, to the base building:
[1]Â
If the addition combined with other proposed repairs, alterations, or modifications of the base building constitutes substantial improvement, the base building and the addition shall comply with the applicable requirements of Subsection C and this subsection.
[2]Â
If the addition constitutes substantial improvement, the base building and the addition shall comply with all of the applicable requirements of Subsection C and this subsection. [NOTE: The base building is required to comply otherwise it is an obstruction that does not comply with the free-of-obstruction requirement that applies to the elevated addition, see Subsection E(3)(b)[3].]
(c)Â
A horizontal addition to a building or structure that is not
substantial improvement is not required to comply with this subsection.
(5)Â
Accessory structures.
(a)Â
Accessory structures shall be limited to not more than 300 square
feet in total floor area.
(b)Â
Accessory structures shall comply with the elevation requirements and other requirements of Subsection E(3) or, if not elevated, shall:
[1]Â
Be useable only for parking of vehicles or limited storage;
[2]Â
Be constructed with flood-damage-resistant materials below the
base flood elevation;
[3]Â
Be constructed and placed to offer the minimum resistance to
the flow of floodwaters;
[4]Â
Be anchored to prevent flotation;
[5]Â
Have electrical service and mechanical equipment elevated to
or above the base flood elevation; and
[6]Â
If larger than 100 square feet in size, have walls that meet the requirements of Subsection E(3)(d)[3] through [6], as applicable for the flood zone; and if located in Coastal A Zones, walls shall have flood openings that meet the requirements of Subsection D(4)(c)[3].
(6)Â
Other structures and development. (Note: See NFIP Technical Bulletin
No. 5, "Free-of-Obstruction Requirements.")
(a)Â
Decks and patios. In addition to the requirements of the building
code or the residential code, decks and patios shall be located, designed,
and constructed in compliance with the following:
[1]Â
A deck that is structurally attached to a building or structure
shall have the bottom of the lowest horizontal structural member at
or above the flood protection elevation and any supporting members
that extend below the design flood elevation shall comply with the
foundation requirements that apply to the building or structure, which
shall be designed to accommodate any increased loads resulting from
the attached deck.
[2]Â
A deck or patio that is located below the flood protection elevation
shall be structurally independent from structures and their foundation
systems, and shall be designed and constructed either to remain intact
and in place during base flood conditions or to break apart into small
pieces that will not cause structural damage to adjacent elevated
structures.
[3]Â
A deck or patio that has a vertical thickness of more than 12
inches or that is constructed with more than the minimum amount of
fill that is necessary for site drainage shall not be approved unless
an analysis demonstrates no harmful diversion of floodwaters or wave
runup and wave reflection that would increase damage to adjacent elevated
structures.
[4]Â
A deck or patio that has a vertical thickness of 12 inches or
less and that is at natural grade or on fill material that is similar
to and compatible with local soils and is the minimum amount necessary
for site drainage may be approved without requiring analysis of the
impact on diversion of floodwaters or wave runup and wave reflection.
(b)Â
Other development. Other development activities shall be permitted
only if located outside the footprint of, and not structurally attached
to, structures, and only if an analysis demonstrates no harmful diversion
of floodwaters or wave runup and wave reflection onto adjacent elevated
structures. Other development includes but is not limited to:
F.Â
Variances.
(1)Â
General.
(a)Â
The Board of Appeals shall have the power to consider and authorize
or deny variances from the strict application of the requirements
of these regulations. A variance shall be approved only if it is determined
to not be contrary to the public interest and where, owing to special
conditions of the lot or parcel, a literal enforcement of the provisions
of these regulations, an unnecessary hardship would result.
(b)Â
Upon consideration of the purposes of these regulations, the
individual circumstances, and the considerations and limitations of
this subsection, the Board of Appeals may attach such conditions to
variances as it deems necessary to further the purposes of these regulations.
(c)Â
The Board of Appeals shall notify, in writing, any applicant
to whom a variance is granted to construct or substantially improve
a building or structure with its lowest floor below the elevation
required by these regulations that the variance is to the floodplain
management requirements of these regulations only, and that the cost
of federal flood insurance will be commensurate with the increased
risk, with rates up to $25 per $100 of insurance coverage.
(2)Â
Application for a variance.
(a)Â
The owner of property, or the owner's authorized agent, for
which a variance is sought shall submit an application for a variance
to the Floodplain Administrator.
(b)Â
At a minimum, the application shall contain the following information: name, address, and telephone number of the applicant and property owner; legal description of the property; parcel map; description of the existing use; description of the proposed use; site map showing the location of flood hazard areas, designated floodway boundaries, flood zones, base flood elevations, and flood protection setbacks; description of the variance sought; and reason for the variance request. Variance applications shall specifically address each of the considerations in Subsection F(3).
(c)Â
If the application is for a variance to allow the lowest floor
(A Zones) or bottom of the lowest horizontal structural member (V
Zones and Coastal A Zones) of a building or structure below the applicable
minimum elevation required by these regulations, the application shall
include a statement signed by the owner that, if granted, the conditions
of the variance shall be recorded on the deed of the property.
(3)Â
Considerations for variances. The Floodplain Administrator shall
request comments on variance applications from MDE (NFIP State Coordinator)
and shall provide such comments to the Board of Appeals. In considering
variance applications, the Board of Appeals shall consider and make
findings of fact on all evaluations, all relevant factors, requirements
specified in other subsections of these regulations, and the following
factors:
(a)Â
The danger that materials may be swept onto other lands to the
injury of others.
(b)Â
The danger to life and property due to flooding or erosion damage.
(c)Â
The susceptibility of the proposed development and its contents
(if applicable) to flood damage and the effect of such damage on the
individual owner.
(d)Â
The importance of the services to the community provided by
the proposed development.
(e)Â
The availability of alternative locations for the proposed use
which are not subject to, or are subject to less, flooding or erosion
damage.
(f)Â
The necessity to the facility of a waterfront location, where
applicable, or if the facility is a functionally dependent use.
(g)Â
The compatibility of the proposed use with existing and anticipated
development.
(h)Â
The relationship of the proposed use to the comprehensive plan
and hazard mitigation plan for that area.
(i)Â
The safety of access to the property in times of flood for passenger
vehicles and emergency vehicles.
(j)Â
The expected heights, velocity, duration, rate of rise, and
sediment transport of the floodwaters and the effects of wave action,
if applicable, expected at the site.
(k)Â
The costs of providing government services during and after
flood conditions, including maintenance and repair of public utilities
and facilities such as sewer, gas, electrical, and water systems,
and streets and bridges.
(l)Â
The comments provided by MDE (NFIP State Coordinator).
(4)Â
Limitations for granting variances. The Board of Appeals shall make
an affirmative decision on a variance request only upon:
(a)Â
A showing of good and sufficient cause. Good and sufficient
cause deals solely with the physical characteristics of the property
and cannot be based on the character of the improvement, the personal
characteristics of the owner/inhabitants, or local provision that
regulate standards other than health and public safety.
(b)Â
A determination that failure to grant the variance would result
in exceptional hardship due to the physical characteristics of the
property. Increased cost or inconvenience of meeting the requirements
of these regulations does not constitute an exceptional hardship to
the applicant.
(c)Â
A determination that the granting of a variance for development
within any designated floodway, or flood hazard area with base flood
elevations but no designated floodway, will not result in increased
flood heights beyond that which is allowed in these regulations.
(d)Â
A determination that the granting of a variance will not result
in additional threats to public safety; extraordinary public expense,
nuisances, fraud or victimization of the public, or conflict with
existing local laws.
(e)Â
A determination that the building, structure or other development
is protected by methods to minimize flood damages.
(f)Â
A determination that the variance is the minimum necessary to
afford relief, considering the flood hazard.
G.Â
Enforcement.
(1)Â
Compliance required.
(a)Â
No building, structure or development shall hereafter be located,
erected, constructed, reconstructed, improved, repaired, extended,
converted, enlarged or altered without full compliance with these
regulations and all other applicable regulations.
(b)Â
Failure to obtain a permit shall be a violation of these regulations and shall be subject to penalties in accordance with Subsection G(3).
(c)Â
Permits issued on the basis of plans and applications approved
by the Floodplain Administrator authorize only the specific activities
set forth in such approved plans and applications or amendments thereto.
Use, arrangement, or construction of such specific activities that
are contrary to that authorization shall be deemed a violation of
these regulations.
(2)Â
Notice of violation and stop-work order. If the Floodplain Administrator
determines that there has been a violation of any provision of these
regulations, the Floodplain Administrator shall give notice of such
violation to the owner, the owner's authorized agent, and the person
responsible for such violation, and may issue a stop-work order. The
notice of violation or stop-work order shall be in writing and shall:
(a)Â
Include a list of violations, referring to the subsection or
subsections of these regulations that have been violated;
(b)Â
Order remedial action which, if taken, will effect compliance
with the provisions of these regulations;
(c)Â
Specify a reasonable period of time to correct the violation;
(d)Â
Advise the recipients of the right to appeal; and
(e)Â
Be served in person; or
(f)Â
Be posted in a conspicuous place in or on the property and sent
by registered or certified mail to the last-known mailing address,
residence, or place of business of the recipients.
(3)Â
Violations and penalties. Violations of these regulations or failure
to comply with the requirements of these regulations or any conditions
attached to a permit or variance shall constitute a misdemeanor. Any
person responsible for a violation shall comply with the notice of
violation or stop-work order. Any person who violates this chapter
or who fails to comply with any of its requirements shall, upon conviction
thereof, be fined not more than $1,000 or be imprisoned for not more
than 30 days, or both. Each day a violation continues shall be considered
a separate offense. Nothing herein contained shall prevent Dorchester
County from taking such other lawful action as is necessary to prevent
or remedy any violation.
H.Â
Subsequent amendments and effective date.
(1)Â
Subsequent amendments. All ordinances or parts of ordinances that
are inconsistent with the provisions of this subsection are hereby
repealed to the extent of such inconsistency. This subsection shall
be amended as required by the Federal Emergency Management Agency,
Title 44, Code of Federal Regulations. All subsequent amendments to
this subsection are subject to the approval of the Federal Emergency
Management Agency and the Maryland Department of the Environment.
(2)Â
Effective date: adopted this sixth day of January 2015, and to be
effective on the 16th day of March 2015.
[1]
Editor's Note: This bill also provided that building permits
for structures located in special flood hazard areas and issued prior
to its effective date be subject to the ordinance in effect at the
time of permit approval if construction is completed and the permit
closed out within one year of permit approval or within two years
if an extension is granted, and that, if the permit is for a dwelling,
a certificate of occupancy has been issued.
A.Â
Criteria. An EE District may be established if all
of the following criteria are satisfied:
(1)Â
The EE District is in an AC, RR, SR or RCA District.
(2)Â
The minimum area for an EE District is 10 acres.
(3)Â
The district has direct access to a limited access
or collector road.
(4)Â
An EE District at the proposed location will be compatible
with the existing and proposed uses and development of adjacent and
vicinal properties.
(5)Â
Lot, yard and height requirements.
(a)Â
Development in an EE District shall meet the
minimum lot, yard and height requirements of the I-2 District.
(b)Â
The preliminary site plan and petition shall
clearly note any modifications to the minimum requirements of the
I-2 District that are designed to ensure that the proposed use and
development will meet the compatibility criteria for establishing
an EE District.
(6)Â
Any proposed use or development of land in an RCA
District will meet the requirements of the Critical Area Protection
District.
B.Â
Permitted uses. The following uses are permitted in
the EE District pursuant to any specific requirements for those uses
in the permitted use table and in the supplementary use regulations:
(1)Â
All uses permitted in the I-1 and I-2 Districts.
(2)Â
Conference and retreat centers.
(3)Â
Resort developments, including a compatible mix of
uses such as a country club, hotel, entertainment and residential
development.
(4)Â
Large recreational facilities, including racetracks
and courses for racing automobiles, dogs, horses, motorcycles, etc.
(5)Â
Any use which is determined by the County Commissioners
to be of the same general character as any of the above uses or is
of significant economic or employment benefit, as determined by the
County Commissioners.
C.Â
Procedure for creating an EE District.
(1)Â
Any individual with a committed financial, contractual or proprietary interest in property meeting the criteria above (§ 155-39A) may petition the County Commissioners to designate the property as an EE District.
(2)Â
The application requirements and procedure shall follow the requirements for map amendments in § 155-5B with the following exceptions and additions:
(a)Â
A finding of mistake in the existing zoning
or a substantial change in the character of the neighborhood is not
required to apply a floating zone to a property.
(b)Â
As part of the application the petitioner shall submit a preliminary site plan meeting the requirements for preliminary site plans set forth in Article VIII of this chapter.
(d)Â
As part of its recommendation to the County
Commissioners the Planning Commission shall address whether the application
meets all of purposes and criteria for establishing an EE District.
(4)Â
If the petition is granted the County Commissioners
may modify or attach conditions to the preliminary site plan stating
the reason for their actions. These modifications or conditions shall
be included in the decision and order creating the EE District.
D.Â
Full site plan approval.
(1)Â
No permit shall be issued for any use in the EE District
until the Planning Commission approves a full site plan.
(2)Â
The full site plan shall generally conform to the
preliminary site plan approved by the County Commissioners for the
district, or a new preliminary site plan must be approved by the County
Commissioners.
A.Â
Criteria. A SW District may be established if all
of the following criteria are satisfied:
(1)Â
The SW District is in an AC, I-1 or I-2 District.
(2)Â
The minimum area for a SW District is 100 acres.
(3)Â
The district has direct access to a limited access
or collector road.
(4)Â
An SW District at the proposed location will be compatible
with the existing and proposed uses and development of adjacent and
vicinal properties.
B.Â
Permitted uses. The following uses may be permitted
in the SW District pursuant to any specific requirements for those
uses in the Table of Permitted Uses and in the supplementary use regulations:
C.Â
Procedure for creating an SW District.
(1)Â
Any individual with a committed financial, contractual or proprietary interest in property meeting the criteria above in § 155-40A may petition the County Commissioners to designate the property as an SW District.
(2)Â
The application requirements and procedure shall follow the requirements for map amendments in § 155-5B with the following exceptions and additions:
(a)Â
A finding of mistake in the existing zoning
or a substantial change in the character of the neighborhood is not
required to apply a floating zone to a property.
(b)Â
As part of the application the petitioner shall submit a preliminary site plan meeting the requirements for preliminary site plans set forth in Article VIII of this chapter.
(c)Â
The application shall include a plan of operation
explaining such matters as hours of operation; number of truck trips;
and associated operations such as washing, sorting, etc.
(e)Â
As part of its recommendation to the County
Commissioners the Planning Commission shall address whether the application
meets all of purposes and criteria for establishing an SW District.
(4)Â
If the petition is granted the County Commissioners
may modify or attach conditions to the preliminary site plan stating
the reason for their actions. These modifications or conditions shall
be included in the decision and order creating the SW District.
D.Â
Full site plan approval.
(1)Â
No permit shall be issued for any use in the SW District
until the Planning Commission approves a full site plan.
(2)Â
The full site plan shall conform to the preliminary
site plan approved by the County Commissioners for the district, or
a new preliminary site plan must be approved by the County Commissioners.