A.
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.
ACCESSORY STRUCTURE
AGREEMENT TO SUBMIT AN ELEVATION CERTIFICATE
ALTERATION OF A WATERCOURSE
AREA OF SHALLOW FLOODING
BASE BUILDING
BASE FLOOD
BASE FLOOD ELEVATION
BASEMENT
BOARD OF APPEALS
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 OR FLOODPROOFED
FLOODPROOFING CERTIFICATE
FLOOD PROTECTION ELEVATION
FLOOD PROTECTION SETBACK
FLOODWAY
FLOOD ZONE
(1)
(2)
(3)
(4)
(5)
(6)
FREEBOARD
FREE-OF-OBSTRUCTION
FUNCTIONALLY DEPENDENT USE
HIGHEST ADJACENT GRADE
HISTORIC STRUCTURE
(1)
(2)
(3)
HYDROLOGIC AND HYDRAULIC ENGINEERING ANALYSES
LETTER OF MAP CHANGE (LOMC)
(1)
(2)
(3)
LICENSED
LIMIT OF MODERATE WAVE ACTION (LiMWA)
LOWEST FLOOR
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
TEMPORARY STRUCTURE
VARIANCE
VIOLATION
WATERCOURSE
WATERS OF THE STATE
(1)
(2)
(3)
(4)
(5)
As used in this chapter, 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 exceeded 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 Queen Anne's County Board of Appeals established under Chapter 18:1 of the Code of Public Local Laws of Queen Anne's County.
The effective Maryland Building Performance Standards (COMAR
05.02.07), including the building code, residential code, and existing
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, Sec. 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 among the Land Records
of Queen Anne's County 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.
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. (NOTE: See NFIP Technical
Bulletin No. 2, "Flood Damage-Resistant Materials Requirements.")
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)."
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").
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.]
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 § 14:3-42B of these regulations. (NOTE: FEMA Form 086-0-34 is
available online at http://www.fema.gov/library/viewRecord.do?id=1600.)
The base flood elevation plus two feet of
freeboard, also sometimes referred to as "designated flood elevation"
or "DFE."
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 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 annual 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 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 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 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;
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.
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.
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
that 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).
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 through 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 September
28, 1984, the initial effective date of the Queen Anne's County Flood Insurance Rate Map, including any subsequent improvements,
alterations, modifications, and additions to such structures.
The 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, AI-30, and A99, and Zones VE and V1-30. The term includes areas shown on other flood maps that are identified in § 14:3-5.
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 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. Also used as "substantially damaged"
structures. [NOTE: See "Substantial Improvement/Substantial Damage
Desk Reference" (FEMA P-758).]
Any combination of repairs, reconstruction, rehabilitation,
addition, or other improvement of a structure, the
cost of which equals or exceeds 50% of the market value of the structure before the work is started. This
term includes structures that have incurred substantial damage, regardless of the actual repair work
performed. [NOTE: See "Substantial Improvement/Substantial Damage
Desk Reference" (FEMA P-758).]
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.
