A.
The purposes of this chapter are to protect human life and health,
minimize property damage, encourage appropriate construction practices
to minimize future damage, protect individuals from unwittingly buying
land subject to flood hazards and to protect water supply, sanitary
sewage disposal and natural drainage. The prevention of unwise development
in areas subject to flooding will reduce financial burdens to the
community and the state, and will prevent future displacement and
suffering of its residents. This protection is achieved through the
review of all activities proposed within identified floodplains and
by the issuance of permits for those activities that comply with the
objectives of this chapter.
B.
Floodplains are an important asset to the community. They perform
vital natural functions such as temporary storage of floodwaters,
moderation of peak flood flows, maintenance of water quality, groundwater
recharge, prevention of erosion, habitat for diverse natural wildlife
populations, recreational opportunities and aesthetic quality. These
functions are best served if floodplains are kept in their natural
state. Wherever possible, the natural characteristics of floodplains
and their associated wetlands and water bodies should be preserved
and enhanced.
C.
This chapter provides a unified, comprehensive approach to floodplain
management which addresses these natural floodplain functions and
the federal and state programs concerned with floodplain management.
These programs are: the National Flood Insurance Program (44 CRF 59-79);
the state's waterway construction permit program for nontidal
floodplains; the state's tidal and nontidal wetlands permit programs;
the United States Army Corps of Engineers' Section 10 and 404
permit programs; and the state's coastal zone management program.
Decisions to alter floodplains, especially floodways and stream channels,
should be the result of careful planning processes which evaluate
resource conditions and human needs.
D.
This chapter is enacted pursuant to the authority of the Maryland
Flood Hazard Management Act of 1976 (Annotated Code of Maryland, Environmental
Article, § 5-801 et seq.)
This chapter supersedes any ordinance in effect in floodprone
areas. However, any other ordinance shall remain in full force to
the extent that its provisions are more restrictive.
Any person or entity proposing to do any development within
the floodplain zone regulated by this chapter must first obtain a
permit for that development from the local permitting agency and must
comply with all provisions of this chapter.
The degree of flood protection provided by this chapter is considered
reasonable for regulatory purposes and is based on engineering experience
and scientific methods of study. Floods of greater magnitude may occur
or flood heights may be increased by man-made or natural causes. This
chapter does not imply that flooding will not occur outside of the
delineated floodplain zone, nor that permitted development and land
uses within the floodplain will be free of flooding and associated
flood damage. This chapter does not create liability on the part of
the Board of County Commissioners of Calvert County, nor any officer
or employee thereof for any damage which may result from reliance
on this chapter.
As used in this chapter, the following terms shall have the
meanings indicated:
A detached structure on the same parcel of property as the
principal structure, the use of which is incidental to the principal
structure, e.g., a shed or detached garage.
The one-hundred-year frequency flood event as indicated in
the Flood Insurance Study, as amended, the elevation of which is used
for regulatory purposes in this chapter.
An enclosed area which is below grade.
A wall that is not part of the structural support of a building
and is intended to collapse under specific lateral loading forces
without causing damage to the supporting foundation system of the
building.
A permit to legally occupy or use a building for the intended
purpose.
Any man-made change to improved or unimproved real estate,
including but not limited to buildings and other structures, dredging,
fill, grading, paving, clearing, excavation, dumping, extraction or
storage of equipment or materials. Development includes subdivision
of land.
Form supplied by the Federal Emergency Management Agency
(FEMA) to certify as-built elevations of structures above mean sea
level (NGVD).[1]
General and temporary condition of partial or complete inundation
of normally dry land areas from overflow of inland or tidal waters,
or rapid unusual accumulation of runoff from any source.
Map which depicts the minimum special flood hazard area to
be regulated by this chapter (unless a Floodway Map is available).
That land typically adjacent to a body of water with ground
surface elevations that are inundated by the base flood.
Any combination of structural or nonstructural changes which
reduce or eliminate flood damage to improved property.
Form supplied by FEMA to certify that a building has been
designed and constructed to be structurally dry floodproofed to the
flood protection elevation.
The elevation of the base flood plus one foot freeboard.
The channel and adjacent land area required to discharge
the waters of the one-hundred-year flood of a watercourse without
increasing the water surface elevations more than a specified height.
Map which depicts floodways and special flood hazard areas
to be regulated by this chapter.
That portion of the floodplain outside the floodway.
An increment of elevation added to the base flood elevation
to provide a factor of safety for uncertainties in calculations, wave
actions, subsidence or other unpredictable effects.
A structure listed individually on the National Register
of Historic Places, the Maryland Inventory of Historic Properties,
a local inventory of historic places certified by the Maryland Historic
Trust or the Secretary of the Interior, or preliminarily determined
as meeting the requirements for such listing by the Maryland Historic
Trust or the Secretary of the Interior, or determined as contributing
to the historic significance of a historic district registered with
Secretary of the Interior.
The Calvert County Department of Planning and Zoning, and
the Calvert County Department of Public Works, Division of Inspections
and Permits, both of which have the authority and responsibility to
implement this chapter.
The lowest floor of the lowest enclosed area, including basement.
An unfinished enclosure constructed of flood-resistant materials used
solely for parking of vehicles, storage or building access in an area
other than a basement is not the lowest floor, as long as it is supplied
with water equalizing vents.
A transportable structure which is built on a permanent chassis
and is designed for use with or without a permanent foundation when
connected to the required utilities.
National Geodetic Vertical Datum of 1929 elevation reference
points set by the National Geodetic Survey based on mean sea level.
A structure for which the start of construction commenced
on or after the effective date of the adoption of a floodplain management
ordinance, and includes any subsequent improvements.
The base flood, having a one chance in a hundred (one-percent
chance) of being equaled or exceeded in any year.
Any structure occupying a site for more than 180 days per
year.
A vehicle built on a single chassis which is 400 square feet
or less at the longest horizontal projection, self propelled or towable,
and designed primarily for temporary living while traveling or camping.
The date of issue of the building permit for any development,
including new construction and substantial improvements, provided
that the actual start of the construction or improvement was within
180 days of permit issuance. The actual start of construction is the
placement of slab or footings, piles, columns or actual placement
of a manufactured home. For substantial improvement, the start of
construction is the first alteration of any structural part of the
building.
A walled and roofed building, including, but not limited
to, residences, manufactured homes, nonresidential buildings, gas
and liquid storage tanks, garages, barns and sheds.
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% of the market value of the structure before the
damage occurred.
Any repair, reconstruction or improvement of a structure,
the cost of which equals or exceeds 50% of the market value of the
structure (less land value) either before the improvement or repair
is started or, if the structure has incurred substantial damage and
been restored, before the damage occurred. The county may use state
assessment values to determine the market value of the structure.
Substantial improvement occurs when the first alteration of any wall,
ceiling, floor or other structural part of the building commences.
The minimum repairs needed to correct previously identified violations
of local health, safety or sanitary codes and alterations to historic
structures which do not preclude their continued designation as historic
structures are not considered substantial improvements.
Any structure completely removed within 180 days from issuance
of the permit.
The grant of relief from a term or terms of this chapter.
Any land which is:
Considered private wetland or state wetland pursuant to the
Environmental Article, § 16-101 et seq., of the Annotated
Code of Maryland; or
Defined as wetland under the procedures described in the "Federal
Manual for Identifying and Delineating Jurisdictional Wetlands" by
the federal and/or state government.
[1]
Editor's Note: The Agreement to Supply Elevation Certificate
which was originally included at the end of this chapter is on file
in the county offices.
