[Amended in its entirety 6-16-2015 by Bill. No. 15-8]
(a)
Findings. The Federal Emergency Management
Agency (FEMA) has identified special flood hazard areas within the
boundaries of Worcester 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. Worcester County,
by resolution, agreed to meet the requirements of the National Flood
Insurance Program and was accepted for participation in the program
on February 15, 1979. As of that date, or as of the initial effective
date of the Worcester County Flood Insurance Rate Map, all development
and new construction as defined herein, is to be compliant with these
regulations.
(b)
Statutory authorization. The Maryland General
Assembly, in the Annotated Code of Maryland, Land Use Article, Title
4, as from time to time amended, 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
Commissioners of Worcester County, Maryland do hereby adopt the following
floodplain management regulations.
(c)
Statement of purpose. It is the purpose of
these regulations to promote the public health, safety and general
welfare, and to:
(1)
Protect human life, health and welfare;
(2)
Encourage the utilization of appropriate construction practices
in order to prevent or minimize flood damage in the future;
(3)
Minimize flooding of water supply and sanitary sewage disposal
systems;
(4)
Maintain natural drainage;
(5)
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;
(6)
Minimize the need for rescue and relief efforts associated with
flooding and generally undertaken at the expense of the general public;
(7)
Minimize prolonged business interruptions;
(8)
Minimize damage to public facilities and other utilities such
as water and gas mains, electric, telephone and sewer lines, streets
and bridges;
(9)
Reinforce that those who build in and occupy special flood hazard
areas should assume responsibility for their actions;
(10)
Minimize the impact of development on adjacent properties within
and near flood-prone areas;
(11)
Provide that the flood storage and conveyance functions of floodplains
are maintained;
(12)
Minimize the impact of development on the natural and beneficial
functions of floodplains;
(13)
Prevent floodplain uses that are either hazardous or environmentally
incompatible; and
(14)
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, as from time to time amended.
(d)
Areas to which these regulations apply. These
regulations shall apply to all special flood hazard areas within the
jurisdiction of Worcester County and identified in § BR
2-301(e).
(e)
Basis for establishing special flood hazard areas and
base flood elevations. In the establishment of special
flood hazard areas and base flood elevations, the following shall
apply:
(1)
For the purposes of these regulations, the minimum basis for
establishing special flood hazard areas and base flood elevations
(BFEs) is the Flood Insurance Study (FIS) for Worcester County, Maryland
and Incorporated Areas, dated July 16, 2015, or the most recent revision
thereof, and the accompanying Flood Insurance Rate Map(s) (FIRMs)
and all subsequent amendments and revisions to the Flood Insurance
Rate Maps. The Flood Insurance Study and the Flood Insurance Rate
Maps are retained on file and available to the public at the Worcester
County Government Center, Development Review and Permitting Office
(Room 1201), Snow Hill, Maryland.
(2)
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 Flood Insurance Rate Maps, the area shall be considered as
a special flood hazard area.
(3)
To establish base flood elevations in special flood hazard areas
that do not have such elevations shown on the Flood Insurance Rate
Maps, 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 §§ BR 2-303(c),
(d) and (e).
(f)
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.
(g)
Interpretation. Notes referencing publications
of the Federal Emergency Management Agency refer to the most recent
edition of those publications, are intended only as guidance, and
do not bind or alter the authority of the Floodplain Administrator
to interpret and apply these regulations. In the interpretation and
application of these regulations, all provisions shall be:
(h)
Warning and disclaimer of liability. 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. These regulations shall not create liability on the
part of Worcester County, any officer or employee thereof, the Maryland
Department of the Environment (MDE) or the Federal Emergency Management
Agency for any flood damage that results from reliance on these regulations
or any administrative decision lawfully made hereunder.
(i)
Severability. Should any section or provision
of these regulations be declared by the courts to be unconstitutional
or invalid, such decision shall not affect the validity of the regulations
as a whole or any part thereof other than the part so declared to
be unconstitutional or invalid.
(j)
Short title. This Subtitle shall hereinafter
be referred to as the "Worcester County Floodplain Management Law."
(a)
Unless specifically defined below, words and 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
BUILDING CODE(S)
COASTAL A ZONE
COASTAL HIGH-HAZARD AREA
COMMUNITY
CRITICAL AND ESSENTIAL FACILITIES
DECLARATION OF LAND RESTRICTION (NON-CONVERSION 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
(1)
(2)
FLOODWAY
FLOOD ZONE
(1)
(2)
(3)
(4)
(5)
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)
NATIONAL FLOOD INSURANCE PROGRAM STATE COORDINATOR
NEW CONSTRUCTION
NON-TIDAL WATERS OF THE STATE
PERSON
RECREATIONAL VEHICLE
SPECIAL FLOOD HAZARD AREA (SFHA)
START OF CONSTRUCTION
STRUCTURE
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
(1)
(2)
TEMPORARY STRUCTURE
VARIANCE
VIOLATION
WATERCOURSE
WATERS OF THE STATE
(1)
(2)
(3)
(4)
(5)
For the purposes of this Subtitle, the following definitions shall
apply:
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, or 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 effective Maryland Building Performance Standards (COMAR
05.02.07, as from time to time amended), 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 one-and-one-half feet. The inland
limit of the Coastal A Zone may be delineated on the Flood Insurance
Rate Maps as the limit of moderate wave action (LiMWA).
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 the Flood Insurance Rate Maps 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. 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 agreeing 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.
A Federal Emergency Management Agency 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 the Federal
Emergency Management Agency.
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. Flood Insurance Rate Maps
that have been prepared in digital format or converted to digital
format are referred to as "Digital Flood Insurance Rate Maps (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 (non-engineered) 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
International Code Council Evaluation Service, LLC (ICC-ES).
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 non-structural 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.
The Federal Emergency Management Agency 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 § BR 2-305(e)(2) of these regulations.
The base flood elevation.
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 non-tidal waters of the state, the flood protection setback
is:
One hundred feet, if the watercourse has special flood hazard
areas shown on the Flood Insurance Rate Map, except where the setback
extends beyond the boundary of the flood hazard area; or
Fifty feet, if the watercourse does not have special flood hazard
areas shown on the Flood Insurance Rate Map.
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 Flood Insurance Rate Map, the floodway is referred to as
the "designated floodway."
A designation for areas that are shown on Flood Insurance
Rate Maps. These designations include the following:
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 base flood elevations 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 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 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.
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 the 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 the Federal Emergency Management Agency, 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 Federal Emergency Management
Agency 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 Letter of Map Amendment 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 National Flood Insurance Program 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 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 Conditional Letter of Map Revision 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 the Federal Emergency Management Agency, to revise the effective Flood Insurance Rate Map.
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 one-and-one-half
feet during the base flood. Base flood conditions between the VE Zone
and the limit of moderate wave action 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 (National Flood Insurance Program
State Coordinator) and the administration of regulatory programs for
development and construction that occur within the waters of the state,
including non-tidal wetlands, non-tidal waters and floodplains, and
state and private tidal wetlands (tidal wetlands). Unless otherwise
specified, Maryland Department of the Environment refers to the Department's
Wetlands and Waterways Program.
Any structure that is used or intended for use for a mixture
of non-residential and residential uses in the same structure.
The program authorized by the United States Congress in 42
U.S.C. §§ 4001 through 4129, as from time to time amended.
The National Flood Insurance Program 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").
See "Maryland Department of the Environment."
Structures, including additions and improvements, and the
placement of manufactured homes, for which the start of construction
commenced on or after February 15, 1979, the initial effective date
of the Worcester County Flood Insurance Rate Map, including any subsequent
improvements, alterations, modifications, and additions to such structures.
See "waters of the state." As used in these regulations,
"non-tidal 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, as from time to time amended, states that "the landward
boundaries of any tidal waters shall be deemed coterminous with the
wetlands boundary maps adopted pursuant to Environmental Article,
§ 16-301, Annotated Code of Maryland." Therefore, the boundary
between the tidal and non-tidal 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, four hundred
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 a 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, and Zones VE and V1-30. The term includes areas shown on
other flood maps that are identified in § BR 2-301(e).
The date the building permit was issued, provided that the
actual start of construction, repair, reconstruction, rehabilitation,
addition placement, or other improvement was within one hundred eighty
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,
the installation of streets and/or walkways, the excavation for a
basement, footings, piers, or foundations, or the erection of temporary
forms, or 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 fifty percent of the market value
of the building or structure before the damage occurred. Also used
as "substantially damaged" structure.
Any reconstruction, rehabilitation, addition, or other improvement
of a building or structure, the cost of which equals or exceeds fifty
percent of the market value of the building or structure before the
start of construction of the improvement. 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 one hundred eighty 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 certification, 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 non-tidal
waters of the state.
(See Environment Title, Title 5, Subtitle 1, Annotated Code
of Maryland, as from time to time amended.) 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 the Maryland
Department of the Environment on the basis of the one-hundred-year
flood frequency.
(a)
Designation of the Floodplain Administrator. The Building Administrator/County Engineer is hereby appointed to
administer and implement these regulations and is referred to herein
as the Floodplain Administrator. The Floodplain Administrator may:
(1)
Delegate duties and responsibilities set forth in these regulations
to qualified technical personnel, plans examiners, inspectors, and
other employees.
(2)
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, as from time to time amended.
(b)
Duties and responsibilities of the Floodplain Administrator. The duties and responsibilities of the Floodplain Administrator
shall include but are not limited to:
(1)
Review applications for permits to determine whether proposed
activities will be located in flood hazard areas.
(2)
Interpret floodplain boundaries and provide available base flood
elevation and flood hazard information.
(3)
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.
(4)
Review applications to determine whether all necessary permits
have been obtained from the federal, state and local agencies from
which prior or concurrent approval is required, in particular, permits
from the Maryland Department of the Environment 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 non-tidal waters of the state.
(5)
Verify that applicants proposing an alteration of a watercourse
have notified adjacent communities and the Maryland Department of
the Environment (National Flood Insurance Program State Coordinator)
and have submitted copies of such notifications to the Federal Emergency
Management Agency.
(6)
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).
(7)
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.
(8)
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 non-compliance
has occurred or violations have been committed.
(9)
Review elevation certificates and require incomplete or deficient
certificates to be corrected.
(10)
Submit to the Federal Emergency Management Agency, or require
applicants to submit to the Federal Emergency Management Agency, data
and information necessary to maintain Flood Insurance Rate Maps, including
hydrologic and hydraulic engineering analyses prepared by or for Worcester
County within six months after such data and information becomes available
if the analyses indicate changes in base flood elevations or boundaries.
(11)
Maintain and permanently keep records that are necessary for
the administration of these regulations, including:
A.
Flood Insurance Studies, Flood Insurance Rate Maps (including
historic studies and maps and current effective studies and maps)
and Letters of Map Change; and
B.
Documentation supporting issuance and denial of permits, elevation
certificates, documentation of the elevation (in relation to the datum
on the Flood Insurance Rate Map) to which structures have been floodproofed,
other required design certifications, variances, and records of enforcement
actions taken to correct violations of these regulations.
(12)
Enforce the provisions of these regulations, investigate violations,
issue notices of violations or stop-work orders, and require permit
holders to take corrective action.
(13)
Advise the County Commissioners of Worcester County, Maryland
regarding the intent of these regulations and, for each application
for a variance, prepare a staff report and recommendation.
(14)
Administer the requirements related to proposed work on existing
buildings:
A.
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.
B.
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 non-compliant 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.
(15)
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 National
Flood Insurance Program flood insurance policies.
(16)
Notify the Federal Emergency Management Agency when the corporate
boundaries of Worcester County have been modified and:
A.
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
B.
If the Flood Insurance Rate Map 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 Flood Insurance Rate
Map 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 the Maryland Department of the Environment (National
Flood Insurance Program State Coordinator) and Federal Emergency Management
Agency.
(17)
Upon the request of the Federal Emergency Management Agency,
complete and submit a report concerning participation in the National
Flood Insurance Program which may request information regarding the
number of buildings in the special flood hazard area, number of permits
issued for development in the special flood hazard area, and number
of variances issued for development in the special flood hazard area.
(c)
Use and interpretation of Flood Insurance Rate Maps. 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 the Flood Insurance Rate Maps and data:
(1)
Where field surveyed topography indicates that ground elevations:
A.
Are below the base flood elevation, even in areas not delineated
as a special flood hazard area on a Flood Insurance Rate Map, the
area shall be considered as special flood hazard area and subject
to the requirements of these regulations.
B.
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.
(2)
In Federal Emergency Management Agency-identified special flood
hazard areas where base flood elevation and floodway data have not
been identified and in areas where the Federal Emergency Management
Agency 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.
(3)
Base flood elevations and designated floodway boundaries on
Flood Insurance Rate Maps and in Flood Insurance Studies 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.
(4)
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 Flood Insurance Rate Maps and Flood Insurance Studies.
(5)
If a Preliminary Flood Insurance Rate Map and/or a Preliminary
Flood Insurance Study has been provided by the Federal Emergency Management
Agency:
A.
Upon the issuance of a Letter of Final Determination by the
Federal Emergency Management Agency, 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 by the
Federal Emergency Management Agency for the purposes of administering
these regulations.
B.
Prior to the issuance of a Letter of Final Determination by
the Federal Emergency Management Agency, the use of preliminary flood
hazard data shall be deemed the best available data pursuant to § BR
2-301(e)(3) and used where no base flood elevations and/or floodway
areas are provided on the effective Flood Insurance Rate Map.
C.
Prior to the issuance of a Letter of Final Determination by
the Federal Emergency Management Agency, 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 the Federal Emergency Management Agency. Such preliminary data
may be subject to change and/or appeal to the Federal Emergency Management
Agency.
(d)
Permits required and expiration.
(1)
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 § BR 2-301(e),
including but not limited to: filling; grading; construction of new
structures; the substantial improvement of buildings and 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 Worcester County. No such permit shall be issued
until the requirements of these regulations have been met.
(2)
In addition to the permits required in Subsection (d)(1) above,
applicants for permits in non-tidal waters of the state are advised
to contact the Maryland Department of the Environment. Unless waived
by the Maryland Department of the Environment, pursuant to Code of
Maryland Regulations 26.17.04, Construction on Nontidal Waters and
Floodplains, as from time to time amended, the Maryland Department
of the Environment regulates the "one-hundred-year frequency floodplain
of free-flowing waters," also referred to as "non-tidal 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 § BR
2-301(e) of these regulations. A permit from Worcester County is still
required in addition to any state requirements.
(3)
A permit is valid, provided that the actual start of work is
within one hundred eighty days of the date of permit issuance. Requests
for extensions shall be submitted in writing and justifiable cause
demonstrated. The Floodplain Administrator may grant, in writing,
one or more extensions of time, for additional periods not exceeding
ninety days each and provided that there has been no amendment or
revision to the basis for establishing special flood hazard areas
and base flood elevations set forth in § BR 2-301(e).
(e)
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.
(1)
Application contents. At a minimum, applications shall include:
A.
Site plans drawn to scale showing the nature, location, dimensions,
and existing and proposed topography 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.
Elevation of the existing natural ground where buildings or
structures are proposed, referenced to the datum on the Flood Insurance
Rate Map.
C.
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 special flood hazard areas shown on the Flood Insurance Rate Maps.
D.
Where floodways are not delineated or base flood elevations
are not shown on the Flood Insurance Rate Maps, 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.
E.
Determination of the base flood elevation, 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 Flood Insurance Rate
Map. If hydrologic and hydraulic engineering analyses are submitted,
such analyses shall be performed in accordance with the requirements
and specifications of the Maryland Department of the Environment and
the Federal Emergency Management Agency.
F.
Hydrologic and hydraulic engineering analyses for proposals
in special flood hazard areas where the Federal Emergency Management
Agency 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 the Maryland Department of the Environment.
G.
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.
If fill is proposed to be placed for a purpose other than to
elevate structures, the applicant shall indicate the intended purpose
of the fill.
I.
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.
The proposed elevation of the lowest floor, including basement,
referenced to the datum on the Flood Insurance Rate Map and a signed
agreement to submit an elevation certificate.
2.
The signed declaration of land restriction (non-conversion 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.
3.
A written evaluation of alternative methods considered to elevate
structures and manufactured homes, if the location is in non-tidal
waters of the state and fill is proposed to achieve the elevation
required in § BR 2-305(d)(1) or § BR 2-305(e)(1).
J.
For accessory structures that are greater than eight hundred
square feet in area (footprint) and that are below the base flood
elevation, a variance is required as set forth in § BR 2-307.
If a variance is granted, a signed declaration of land restriction
(non-conversion agreement) shall be recorded on the property deed
prior to issuance of the certificate of occupancy.
K.
For temporary structures and temporary storage, specification
of the duration of the temporary use.
L.
For proposed work on existing buildings, structures, 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.
If the existing building or structure was constructed after
February 15, 1979, 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.
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.
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.
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 and
the value of donated or discounted materials shall be valued at market
rates.
M.
Certifications and/or technical analyses prepared or conducted
by a licensed professional engineer or licensed architect, as appropriate,
including:
1.
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 § BR 2-304(b) for certain
subdivisions and development; § BR 2-305(c)(1) for development
in designated floodways; § BR 2-305(c)(3) for development
in flood hazard areas with base flood elevations but no designated
floodways; and § BR 2-305(c)(5) for deliberate alteration
or relocation of watercourses.
2.
The floodproofing certificate for non-residential structures
that are floodproofed as required in § BR 2-305(e)(2).
3.
Certification that engineered flood openings are designed to
meet the minimum requirements of § BR 2-305(d)(3)C to automatically
equalize hydrostatic flood forces.
4.
Certification that the proposed elevation, structural design,
specifications and plans, and the methods of construction to be used
for structures in the coastal high-hazard areas (V Zones) and Coastal
A Zones, are in accordance with accepted standards of practice and
meet the requirements of § BR 2-306(c)(3).
N.
For non-residential structures that are proposed with floodproofing,
an operations and maintenance plan as specified in § BR
2-305(e)(2)C.
O.
Such other material and information as may be requested by the
Floodplain Administrator and necessary to determine conformance with
these regulations.
(2)
New technical data.
A.
The applicant may seek a Letter of Map Change by submitting
new technical data to the Federal Emergency Management Agency, 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 the Federal
Emergency Management Agency, 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.
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 the Federal
Emergency Management Agency, the applicant shall submit such data
to the Federal Emergency Management Agency 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 the Federal Emergency Management Agency, and any fees shall be
the sole responsibility of the applicant.
(f)
Review of application. The Floodplain Administrator
shall:
(1)
Review applications for development in special flood hazard
areas to determine completeness of information submitted. The applicant
shall be notified of incompleteness or additional information that
is required to support the application.
(2)
Notify applicants that permits from the Maryland Department
of the Environment and the United States Army Corps of Engineers,
and other state and federal authorities, may be required.
(3)
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:
A.
The United States Army Corps of Engineers under Section 10 of
the Rivers and Harbors Act and Section 404 of the Clean Water Act,
as from time to time amended;
B.
The Maryland Department of the Environment pursuant to COMAR
26.23 (Nontidal Wetlands), as from time to time amended, and Section
401 of the Clean Water Act, as from time to time amended;
C.
The Maryland Department of the Environment for construction
on non-tidal waters of the state pursuant to COMAR 26.17.04, as from
time to time amended; and
D.
The Maryland Department of the Environment pursuant to COMAR
26.24 (Tidal Wetlands), as from time to time amended.
(4)
Review applications for compliance with these regulations after
all information required in § BR 2-303(e) of these regulations
or identified and required by the Floodplain Administrator has been
received.
(g)
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:
(1)
Stake-out inspection, to determine location on the site relative
to the flood hazard area and designated floodway.
(2)
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.
(3)
Inspection of enclosures below the lowest floor, including crawl/underfloor
spaces, to determine compliance with applicable provisions.
(4)
Utility inspection, upon installation of specified equipment
and appliances, to determine appropriate location with respect to
the base flood elevation.
(5)
Final inspection prior to issuance of the certificate of occupancy.
(h)
Submissions required prior to final inspection. Pursuant to the agreement to submit an elevation certificate submitted
with the application as required in § BR 2-303(e)(1)I, the
permittee shall have an elevation certificate prepared and submitted
prior to final inspection and 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.
(a)
Application of requirements. The general requirements
of this section apply to all development proposed within all special
flood hazard areas identified in § BR 2-301(e).
(b)
Subdivision proposals and development proposals.
(1)
In all flood zones:
A.
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.
B.
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.
C.
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.
D.
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 § BR 2-303(e) of these regulations.
E.
Subdivision access roads shall have the driving surface at or
above the base flood elevation unless waived by the Planning Commission
pursuant to § ZS 2-502(p)(5).
(2)
In special flood hazard areas of non-tidal waters of the state:
A.
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.
B.
Subdivision access roads shall have the driving surface at or
above the base flood elevation unless waived by the Planning Commission
pursuant to § ZS 2-502(p)(5).
(c)
Protection of water supply and sanitary sewage systems.
(1)
New and replacement water supply systems shall be designed to
minimize or eliminate infiltration of floodwaters into the systems.
(2)
New and replacement sanitary sewage systems shall be designed
to minimize or eliminate infiltration of floodwaters into systems
and discharges from systems into floodwaters.
(3)
On-site waste disposal systems shall be located to avoid impairment
to or contamination from them during conditions of flooding.
(d)
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:
(1)
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.
(2)
Be constructed by methods and practices that minimize flood
damage.
(3)
Use flood-damage-resistant materials below the elevation of
the lowest floor required in § BR 2-305(d)(1) or § BR
2-305(e)(1) for A Zones or § BR 2-306(c)(2) for V Zones
and Coastal A Zones.
(4)
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 § BR
2-305(d)(1) or § BR 2-305(e)(1) for A Zones or § BR
2-306(c)(2) for V Zones and Coastal A Zones. Electrical wiring systems
are permitted to be located below the elevation of the lowest floor,
provided that 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 section.
(5)
As an alternative to Subsection (d)(4) above, 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 that 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.
(6)
Have the electric panelboard elevated at least three feet above
the base flood elevation.
(7)
If located in flood hazard areas (A Zones) that are not identified
as Coastal A Zones and coastal high-hazard areas (V Zones), comply
with the specific requirements of § BR 2-305.
(9)
If located in coastal high-hazard areas (V Zones), comply with
the specific requirements of § BR 2-306.
(10)
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).
(e)
Placement of fill.
(1)
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.
(2)
Fill shall not be placed in Coastal A Zones or coastal high-hazard
areas (V Zones) except as provided in § BR 2-306(b).
(3)
Fill proposed to be placed to elevate structures in flood hazard
areas (A Zones) that are not Coastal A Zones or coastal high-hazard
areas (V Zones) shall comply with the floodway requirements in §§ BR
2-305(c)(1), BR 2-305(c)(2) and BR 2-305(c)(3) and the limitations
of § BR 2-305(d)(2).
(f)
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 an historic structure. The Floodplain Administrator
may require documentation of a structure's continued eligibility and
designation as an historic structure.
(g)
Manufactured homes.
(1)
New manufactured homes shall not be placed or installed in floodways
or coastal high-hazard areas (V Zones).
(2)
For the purposes of these regulations, the lowest floor of a
manufactured home is the bottom of the lowest horizontal supporting
member (longitudinal chassis frame beam).
(3)
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 areas shall:
A.
Be elevated on a permanent, reinforced foundation in accordance
with § BR 2-305 or § BR 2-306, as applicable to
the flood zone;
B.
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
C.
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 § BR 2-305 or § BR
2-306, as applicable to the flood zone.
(i)
Critical and essential facilities. Critical
and essential facilities shall:
(1)
Not be located in coastal high-hazard areas (V Zones), Coastal
A Zones or floodways.
(2)
If located in flood hazard areas other than coastal high-hazard
areas, Coastal A Zones and floodways, be elevated to the higher of
the 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.
(j)
Temporary structures and temporary storage. In addition to the application requirements of § BR 2-303(e),
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 § BR
2- 305(c)(1) of these regulations. In addition:
(1)
Temporary structures shall:
A.
Be designed and constructed to prevent flotation, collapse or
lateral movement resulting from hydrodynamic loads and hydrostatic
loads during conditions of the base flood;
B.
Have electric service installed in compliance with the electric
code; and
C.
Comply with all other requirements of the applicable state and
local permit authorities.
(2)
Temporary storage shall not include hazardous materials.
(k)
Gas or liquid storage tanks.
(1)
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.
(2)
Above-ground 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.
(3)
In flood hazard areas, tank inlets, fill openings, outlets and
vents shall be:
A.
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
B.
Anchored to prevent lateral movement resulting from hydrodynamic
and hydrostatic loads, including the effects of buoyancy, during conditions
of the base flood.
(l)
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 § BR 2-307. 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.
(a)
General requirements. In addition to the general
requirements of § BR 2-304, the requirements of this section
shall:
(1)
Apply in flood hazard areas that are not identified as coastal
high-hazard areas (V Zones) or Coastal A Zones. These flood hazard
areas, referred to collectively as "A Zones," include special flood
hazard areas along non-tidal waters of the state, landward of coastal
high-hazard areas (V Zones), and landward of Coastal A Zones (if delineated).
(2)
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.
(b)
Flood protection setbacks. Within areas defined
by flood protection setbacks along non-tidal waters of the state:
(1)
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.
(2)
Disturbance of natural vegetation shall be minimized, and any
disturbance allowed shall be vegetatively stabilized.
(3)
Public works and temporary construction may be permitted.
(c)
Development that affects flood-carrying capacity of non-tidal
waters of the state.
(1)
Development in designated floodways. For proposed development
that will encroach into a designated floodway, § BR 2-303(e)(1)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:
A.
The applicant has been issued a permit by the Maryland Department
of the Environment; and
B.
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
C.
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 the Federal Emergency Management Agency upon completion
of the project. Submittal requirements and fees shall be the responsibility
of the applicant.
(2)
Development that includes the placement of fill in non-tidal
waters of the state. For proposed development that includes the placement
of fill in non-tidal waters of the state, other than development that
is subject to Subsection (c)(4) hereof, a hydraulically equivalent
volume of excavation is required. Such excavations shall be designed
to drain freely.
(3)
Development in areas with base flood elevations but no designated
floodways. For development in special flood hazard areas of non-tidal
waters of the state with base flood elevations but no designated floodways,
the following shall apply:
A.
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
by § BR 2-305(e)(1)F. The analyses shall be prepared by
a licensed professional engineer in a format required by the Federal
Emergency Management Agency 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.
B.
The proposed development may be permitted if the applicant has
received a permit from the Maryland Department of the Environment
and if the analyses demonstrate that the cumulative effect of the
proposed development will not increase the base flood elevation more
than one foot at any point when combined with all other existing and
potential flood hazard area encroachments.
(4)
Construction of roads, bridges, culverts, dams and in-stream
ponds. Construction of roads, bridges, culverts, dams and in-stream
ponds in non-tidal waters of the state shall not be approved unless
they comply with this section and the applicant has received a permit
from the Maryland Department of the Environment.
(5)
Alteration of a watercourse. For any proposed development that
involves alteration of a watercourse not subject to § BR
2-305(c)(3), unless waived by the Maryland Department of the Environment,
the applicant shall develop hydrologic and hydraulic engineering analyses
and technical data reflecting such changes, including floodway analyses
required in § BR 2-303(e)(1), and submit such technical
data to the Floodplain Administrator and to the Federal Emergency
Management Agency. The analyses shall be prepared by a licensed professional
engineer in a format required by the Maryland Department of the Environment
and by the Federal Emergency Management Agency 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:
A.
A description of the extent to which the watercourse will be
altered or relocated;
B.
A certification by a licensed professional engineer that the
flood-carrying capacity of the watercourse will not be diminished;
C.
Evidence that adjacent communities, the United States Army Corps
of Engineers, and the Maryland Department of the Environment have
been notified of the proposal, and evidence that such notifications
have been submitted to the Federal Emergency Management Agency; and
D.
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 Worcester 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.
(d)
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 § BR 2-304 and this section.
See § BR 2-305(f) for requirements for horizontal additions.
(1)
Elevation requirements.
A.
Lowest floors shall be elevated to or above the flood protection
elevation.
B.
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 Flood Insurance
Rate Map plus two feet, or at least four feet if a depth number is
not specified.
C.
Enclosures below the lowest floor shall meet the requirements
of § BR 2-305(d)(3).
(2)
Limitations on use of fill to elevate structures. Unless otherwise
restricted by these regulations, especially by the limitations of
§§ BR 2-305(c)(1), BR 2-305(c)(2) and BR 2-305(c)(3),
fill placed for the purpose of raising the ground level to support
a building or structure shall:
A.
Consist of earthen soil or rock materials only;
B.
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;
C.
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;
D.
Be sloped no steeper than one vertical to two horizontal, unless
approved by the Floodplain Administrator;
E.
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
F.
Be designed with provisions for adequate drainage and no adverse
effect on adjacent properties.
(3)
Enclosures below the lowest floor.
A.
Enclosures below the lowest floor shall be used solely for parking
of vehicles, building access, crawl/underfloor spaces, or limited
storage.
B.
Enclosures below the lowest floor shall be constructed using
flood-damage-resistant materials.
C.
Enclosures below the lowest floor shall be provided with flood
openings which shall meet the following criteria:
1.
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.
2.
The total net area of all flood openings shall be at least one
square inch for each square foot of enclosed area (non-engineered
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 Services, LLC (ICC-ES).
3.
The bottom of each flood opening shall be one foot or less above
the interior floor or grade or the exterior grade immediately below
the opening, whichever if higher.
4.
Any louvers, screens or other covers for the flood openings
shall allow the automatic flow of floodwaters into and out of the
enclosed area.
5.
If installed in doors, flood openings that meet requirements
of Subsection (d)(3)C1 through 4 above are acceptable. However, doors
without installed flood openings do not meet the requirements of this
section.
(e)
Non-residential structures and non-residential portions
of mixed use structures. New non-residential structures
and non-residential portions of mixed use structures, and substantial
improvement (including repair of substantial damage) of existing non-residential
structures and non-residential portions of mixed use structures shall
comply with the applicable requirements of § BR 2-304 and
the requirements of this section. See § BR 2-305(f) for
requirements for horizontal additions.
(1)
Elevation requirements. Elevated structures shall:
A.
Have the lowest floor (including basement) elevated to or above
the flood protection elevation; or
B.
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 Flood Insurance
Rate Map plus two feet or at least four feet if a depth number is
not specified; and
C.
Have enclosures below the lowest floor, if any, that comply
with the requirements of § BR 2-305(d)(3); or
D.
If proposed to be elevated on fill, meet the limitations on
fill in § BR 2- 305(d)(2).
(2)
Floodproofing requirements.
C.
If floodproofing is proposed, structures shall:
1.
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 one foot; or
2.
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 Flood Insurance Rate Map plus three
feet or at least five feet if a depth number is not specified; and
3.
Have structural components capable of resisting hydrostatic
and hydrodynamic loads and effects of buoyancy;
4.
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;
floodborne debris; at least twelve hours of flood warning time from
a credible source; and time necessary to implement any measures that
require human intervention;
5.
Have at least one door above the applicable flood elevation
that allows human ingress and egress during conditions of flooding;
6.
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
7.
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 section. The floodproofing certificate shall be submitted
with the construction drawings as required in § BR 2-303(e)(1)M.
(f)
Horizontal additions.
(1)
A horizontal addition proposed for a building or structure that
was constructed after the date specified in § BR 2-301(a)
shall comply with the applicable requirements of § BR 2-304
and this section.
(2)
In non-tidal waters of the state that are subject to the regulatory
authority of the Maryland Department of the Environment, all horizontal
additions shall comply with the applicable requirements of § BR
2-304 and this section and:
A.
If the addition is structurally connected to the base building,
the requirements of § BR 2-305(f)(3) apply.
B.
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.
(3)
For horizontal additions that are structurally connected to
the base building:
A.
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 § BR 2-304 and this section.
B.
If the addition constitutes substantial improvement, the base
building and the addition shall comply with all of the applicable
requirements in § BR 2-304 and this section.
(4)
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.
(5)
A horizontal addition to a building or structure that is not
substantial improvement, and is not located in non-tidal waters of
the state, is not required to comply with this section.
(g)
Accessory structures.
(1)
Accessory structures shall be limited to not more than three
hundred square feet in total floor area when not elevated above the
flood protection elevation.
(2)
Accessory structures shall comply with the elevation requirements
and other requirements of § BR 2-305(d), the floodproofing
requirements of § BR 2-305(e)(2), or shall:
A.
Be usable only for parking of vehicles or limited storage;
B.
Be constructed with flood-damage-resistant materials below the
base flood elevation;
C.
Be constructed and placed to offer the minimum resistance to
the flow of floodwaters;
D.
Be anchored to prevent flotation;
E.
Have electrical service and mechanical equipment elevated to
or above the base flood elevation; and
F.
Have flood openings that meet the requirements of § BR
2-305(d)(3).
(a)
General requirements. In addition to the general
requirements of § BR 2-304, the requirements of this section
shall:
(1)
Apply in flood hazard areas that are identified as coastal high-hazard
areas (V Zones) and Coastal A Zones (if delineated).
(2)
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, except that in Coastal A Zones, the requirements
of § BR 2-305 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.
(b)
Location and site preparation.
(1)
The placement of structural fill for the purpose of elevating
buildings is prohibited.
(2)
Buildings shall be located landward of the reach of mean high
tide.
(3)
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.
(4)
Site preparations shall not alter sand dunes unless an engineering
analysis demonstrates that the potential for flood damage is not increased.
(c)
Residential and non-residential structures.
(1)
Foundations.
A.
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.
B.
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.
(2)
Elevation requirements.
A.
The bottom of the lowest horizontal structural member that supports
the lowest floor shall be located at or above the flood protection
elevation.
B.
Basement floors that are below grade on all sides are prohibited.
C.
The space below an elevated building shall either be free-of-obstruction
or, if enclosed by walls, shall meet the requirements of § BR
2-306(c)(4).
(3)
Certification of design. As required in § BR 2-303(e)(1)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 §§ BR 2-306(c)(1), BR 2-306(c)(2) and BR 2-306(c)(4)
and the building code.
(4)
Enclosures below the lowest floor.
A.
Enclosures below the lowest floor shall be used solely for parking
of vehicles, building access or limited storage.
B.
Enclosures below the lowest floor shall be less than two hundred
ninety-nine square feet in area (exterior measurement).
C.
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.
D.
Electrical, mechanical, and plumbing system components shall
not be mounted on or penetrate through walls that are designed to
break away under flood loads.
E.
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 ten pounds per square foot and
no more than twenty pounds per square foot; or
F.
Where wind loading values of the building code exceed twenty
pounds per square foot, the applicant shall submit a certification
prepared and sealed by a licensed professional engineer or licensed
architect that:
1.
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.
2.
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 non-structural). Water loading values used shall be those associated
with the base flood; wind loading values used shall be those required
by the building code.
3.
In Coastal A Zones, in addition to the requirements of this
section, walls below the lowest floor shall have flood openings that
meet the requirements of § BR 2-305(d)(3)C.
(d)
Horizontal additions to structures.
(1)
A horizontal addition proposed for a building or structure that
was constructed after the date specified in § BR 2-301(a)
shall comply with the applicable requirements of § BR 2-304
and this section.
(2)
For horizontal additions, whether structurally connected or
not structurally connected, to the base building:
A.
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 § BR 2-304 and this section.
B.
If the addition constitutes substantial improvement, the base
building and the addition shall comply with all the applicable requirements
of § BR 2-304 and this section. [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 § BR 2-306(c)(2)C.]
(3)
A horizontal addition to a building or structure that is not
substantial improvement is not required to comply with this section.
(e)
Other structures and development.
(1)
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:
A.
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.
B.
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.
C.
A deck or patio that has a vertical thickness of more than twelve
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.
D.
A deck or patio that has a vertical thickness of twelve 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.
(2)
Other development. Other development activities but not including
accessory buildings, which are prohibited, 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:
(a)
General. The County Commissioners of Worcester
County, Maryland 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 would result in an unnecessary hardship. Upon
consideration of the purposes of these regulations, the individual
circumstances, and the considerations and limitations of this section,
the County Commissioners may attach such conditions to variances as
they deem necessary to further the purpose of these regulations. The
County Commissioners 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 twenty-five dollars per one hundred dollars of insurance
coverage. A record of all variance actions, including justification
for issuance, shall be maintained pursuant to § BR 2-303(b)(11).
(b)
Application for a variance.
(1)
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.
(2)
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 § BR 2-307(c).
(3)
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.
(c)
Considerations for variances. The Floodplain
Administrator shall request comments on variance applications from
the Maryland Department of the Environment (National Flood Insurance
Program State Coordinator) and shall provide such comments to the
County Commissioners. In considering variance applications, the County
Commissioners shall consider and make findings of fact on all evaluations,
all relevant factors, requirements specified in other sections of
these regulations, and the following factors:
(1)
The danger that materials may be swept onto other lands to the
injury of others.
(2)
The danger to life and property due to flooding or erosion damage.
(3)
The susceptibility of the proposed development and its contents
(if applicable) to flood damage and the effect of such damage on the
individual owner.
(4)
The importance of the services to the community provided by
the proposed development.
(5)
The availability of alternative locations for the proposed use
which are not subject to, or are subject to less, flooding or erosion
damage.
(6)
The necessity to the facility of a waterfront location, where
applicable, or if the facility is a functionally dependent use.
(7)
The compatibility of the proposed use with existing and anticipated
development.
(8)
The relationship of the proposed use to the Comprehensive Plan
and Hazard Mitigation Plan for that area.
(9)
The safety of access to the property in times of flood for passenger
vehicles and emergency vehicles.
(10)
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.
(11)
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.
(12)
The comments provided by the Maryland Department of the Environment
(National Flood Insurance Program State Coordinator).
(d)
Limitations for granting variances. The County
Commissioners of Worcester County, Maryland shall make an affirmative
decision on a variance request only upon:
(1)
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
regulates standards other than health and public safety.
(2)
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.
(3)
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.
(4)
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 laws.
(5)
A determination that the building, structure or other development
is protected by methods that minimize flood damages.
(6)
A determination that the variance is the minimum necessary to
afford relief, considering the flood hazard.
(a)
Compliance required.
(1)
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.
(2)
Failure to obtain a permit shall be a violation of these regulations
and shall be subject to penalties in accordance with § BR
2-309.
(3)
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.
(b)
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:
(1)
Include a list of violations, referring to the section or sections
of these regulations that have been violated;
(2)
Order remedial action which, if taken, will effect compliance
with the provisions of these regulations;
(3)
Specify a reasonable period of time to correct the violation;
(4)
Advise the recipients of the right to appeal; and
(5)
Be served in person; or
(6)
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.
(a)
Violations. Any person who violates any provision
of this Subtitle is guilty of a misdemeanor, and, upon conviction
in a court of competent jurisdiction, is subject to a fine not exceeding
ten thousand dollars or imprisonment not exceeding one year, or both
for each violation, with costs imposed in the discretion of the court.
Each day upon which the violation occurs constitutes a separate violation.
(b)
Civil infractions. In addition, as an alternative
remedy, violations of the provisions of this Subtitle or failure to
comply with any of its requirements may, in minor cases as determined
by the Floodplain Administrator, constitute a civil infraction and
shall be subject to a fine of not more than two thousand five hundred
dollars.
To the extent that any other ordinance or parts of ordinances
are inconsistent with the provisions of this ordinance, the terms
of this ordinance shall prevail as to floodplain management issues.
This ordinance shall be amended as required by the Federal Emergency
Management Agency, Title 44, Code of Federal Regulations, as from
time to time amended. All subsequent amendments to this ordinance
are subject to the approval of the Federal Emergency Management Agency
and the Maryland Department of the Environment.
