In order to prevent excessive flood damage and to allow for the protection of the natural and beneficial floodplain functions, the following provisions shall apply to all development, new construction and substantial improvements to existing structures in all floodplain zones. If a structure is in more than one zone, the more stringent provisions shall apply to the entire structure. The specific requirements contained in Article
VII also apply to development in Articles
IV,
V and
VI. Any approved development shall comply with all other zoning, environmental, water quality and sanitary regulations, as well as applicable state and federal requirements.
In all Floodplain Zones, any development which proposes to alter
a watercourse must obtain a variance. Adjacent communities and property
owners, FEMA and the Maryland Water Resources Administration must
be notified by the applicant before any modification may occur to
watercourses. Any activity falling within the one-hundred-year nontidal
floodplain may require a waterway construction permit from the Water
Resources Administration. If a development activity is proposed in
a nontidal floodplain which has a drainage area of more than 400 acres,
a waterway construction permit issued by the state will be required
prior to issuance of county permit.
Encroachment by development into wetlands is not allowed without
state and federal permits. It is state and federal policy that disturbance
of wetlands shall be avoided. The applicant must demonstrate that
no alternatives exist and the encroachment is the minimum necessary.
Mitigation may be required by the appropriate regulatory authorities.
Any land disturbance permitted in the floodplain must have a
stormwater management and sediment and erosion control plan where
required by state and local regulations. The plan must include design
of land contours that will not increase surface water runoff onto
neighboring properties. Ground cover must be established immediately
after disturbance, and a plan for permanent plantings, including trees,
should provide for adequate vegetative cover within the flood protection
setback from watercourses to prevent erosion.