The Director of the Wicomico County Department of Planning Zoning
and Community Development or his designee is hereby appointed to administer
and implement these regulations and is referred to herein as the "Floodplain
Administrator". The Floodplain Administrator may:
A.
Delegate duties and responsibilities set forth in these regulations
to qualified technical personnel, plan examiners, inspectors, and
other employees.
B.
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.
The duties and responsibilities of the Floodplain Administrator
shall include but are not limited to:
A.
Review applications for permits to determine whether proposed activities
will be located in flood hazard areas.
B.
Interpret floodplain boundaries and provide available base flood
elevation and flood hazard information.
C.
Review applications to determine whether proposed activities will
be reasonably safe from flooding and require new construction and
substantial improvements to meet the requirements of these regulations.
D.
Review applications to determine whether all necessary permits have
been obtained from the federal, state or local agencies from which
prior or concurrent approval is required; in particular, permits from
MDE for any construction, reconstruction, repair, or alteration of
a dam, reservoir, or waterway obstruction (including bridges, culverts,
structures), any alteration of a watercourse, or any change of the
course, current, or cross section of a stream or body of water, including
any change to the one-hundred-year frequency floodplain of free-flowing
nontidal waters of the state.
E.
Verify that applicants proposing an alteration of a watercourse have
notified adjacent communities and MDE (NFIP State Coordinator), and
have submitted copies of such notifications to FEMA.
F.
Advise applicants for new construction or substantial improvement
of structures that are located within an area of the coastal barrier
resources system established by the Coastal Barrier Resources Act
that federal flood insurance is not available on such structures;
areas subject to this limitation are shown on Flood Insurance Rate
Maps as coastal barrier resource system areas (CBRS) or otherwise
protected areas (OPA).
G.
Approve applications and issue permits to develop in flood hazard
areas if the provisions of these regulations have been met, or disapprove
applications if the provisions of these regulations have not been
met.
H.
Inspect or cause to be inspected, buildings, structures, and other
development for which permits have been issued to determine compliance
with these regulations or to determine if noncompliance has occurred
or violations have been committed.
I.
Review elevation certificates and require incomplete or deficient
certificates to be corrected.
J.
Submit to FEMA, or require applicants to submit to FEMA, data and
information necessary to maintain FIRMs, including hydrologic and
hydraulic engineering analyses prepared by or for Wicomico County,
Maryland within six months after such data and information becomes
available if the analyses indicate changes in base flood elevations
or boundaries.
K.
Maintain and permanently keep records that are necessary for the
administration of these regulations, including:
(1)
Flood Insurance Studies, Flood Insurance Rate Maps (including historic
studies and maps and current effective studies and maps) and Letters
of Map Change; and
(2)
Documentation supporting issuance and denial of permits, elevation
certificates, documentation of the elevation (in relation to the datum
on the FIRM) to which structures have been floodproofed, other required
design certifications, variances, and records of enforcement actions
taken to correct violations of these regulations.
L.
Enforce the provisions of these regulations, investigate violations,
issue notices of violations or stop-work orders, and require permit
holders to take corrective action.
M.
Advise the Wicomico County Board of Appeals regarding the intent
of these regulations and, for each application for a variance, prepare
a staff report and recommendation.
N.
Administer the requirements related to proposed work on existing
buildings:
(1)
Make determinations as to whether buildings and structures that are
located in flood hazard areas and that are damaged by any cause have
been substantially damaged.
(2)
Make reasonable efforts to notify owners of substantially damaged
structures of the need to obtain a permit to repair, rehabilitate,
or reconstruct, and prohibit the noncompliant repair of substantially
damaged buildings except for temporary emergency protective measures
necessary to secure a property or stabilize a building or structure
to prevent additional damage.
O.
Undertake, as determined appropriate by the Floodplain Administrator
due to the circumstances, other actions which may include but are
not limited to: issuing press releases, public service announcements,
and other public information materials related to permit requests
and repair of damaged structures; coordinating with other federal,
state, and local agencies to assist with substantial damage determinations;
providing owners of damaged structures information related to the
proper repair of damaged structures in special flood hazard areas;
and assisting property owners with documentation necessary to file
claims for increased cost of compliance (ICC) coverage under NFIP
flood insurance policies.
P.
Notify the Federal Emergency Management Agency when the corporate
boundaries of Wicomico County, Maryland have been modified and:
(1)
Provide a map that clearly delineates the new corporate boundaries
or the new area for which the authority to regulate pursuant to these
regulations has either been assumed or relinquished through annexation;
and
(2)
If the FIRM for any annexed area includes special flood hazard areas
that have flood zones that have regulatory requirements that are not
set forth in these regulations, prepare amendments to these regulations
to adopt the FIRM and appropriate requirements, and submit the amendments
to the governing body for adoption; such adoption shall take place
within six months of the date of annexation and a copy of the amended
regulations shall be provided to MDE (NFIP State Coordinator) and
FEMA.
Q.
Upon the request of FEMA, complete and submit a report concerning
participation in the NFIP which may request information regarding
the number of buildings in the SFHA, number of permits issued for
development in the SFHA, and number of variances issued for development
in the SFHA.
The Floodplain Administrator shall make interpretations, where
needed, as to the exact location of special flood hazard areas, floodplain
boundaries, and floodway boundaries. The following shall apply to
the use and interpretation of FIRMs and data:
A.
Where field surveyed topography indicates that ground elevations:
(1)
Are below the base flood elevation, even in areas not delineated
as a special flood hazard area on a FIRM, the area shall be considered
as special flood hazard area and subject to the requirements of these
regulations.
(2)
Are above the base flood elevation, the area shall be regulated as
special flood hazard area unless the applicant obtains a Letter of
Map Change that removes the area from the special flood hazard area.
B.
In FEMA-identified special flood hazard areas where base flood elevation
and floodway data have not been identified and in areas where FEMA
has not identified special flood hazard areas, any other flood hazard
data available from a federal, state, or other source shall be reviewed
and reasonably used.
C.
Base flood elevations and designated floodway boundaries on FIRMs
and in FISs shall take precedence over base flood elevations and floodway
boundaries by any other sources if such sources show reduced floodway
widths and/or lower base flood elevations.
D.
Other sources of data shall be reasonably used if such sources show
increased base flood elevations and/or larger floodway areas than
are shown on FIRMs and in FIS.
E.
If a preliminary Flood Insurance Rate Map and/or a preliminary Flood
Insurance Study has been provided by FEMA:
(1)
Upon the issuance of a letter of final determination by FEMA, if
the preliminary flood hazard data is more restrictive than the effective
data, it shall be used and shall replace the flood hazard data previously
provided from FEMA for the purposes of administering these regulations.
(2)
Prior to the issuance of a letter of final determination by FEMA,
the use of preliminary flood hazard data shall be deemed the best
available data pursuant to § 149-5(C) and used where no
base flood elevations and/or floodway areas are provided on the effective
FIRM.
(3)
Prior to issuance of a letter of final determination by FEMA, the
use of preliminary flood hazard data is permitted where the preliminary
base flood elevations, floodplain or floodway boundaries exceed the
base flood elevations and/or designated floodway widths in existing
flood hazard data provided by FEMA. Such preliminary data may be subject
to change and/or appeal to FEMA.
A.
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 § 149-5, including but not limited to: filling; grading; construction of new structures; the substantial improvement of buildings or structures, including repair of substantial damage; placement or replacement of manufactured homes, including substantial improvement or repair of substantial damage of manufactured homes; erecting or installing a temporary structure, or alteration of a watercourse, until a permit is obtained from Wicomico County, Maryland. No such permit shall be issued until the requirements of these regulations have been met.
B.
In addition to the permits required in Subsection A, applicants for permits in nontidal waters of the state are advised to contact MDE. Unless waived by MDE, pursuant to Code of Maryland Regulations 26.17.04, Construction on Nontidal Waters and Floodplains, MDE regulates the one-hundred-year frequency floodplain of free-flowing waters, also referred to as nontidal waters of the state. To determine the one-hundred-year frequency floodplain, hydrologic calculations are based on the ultimate development of the watershed, assuming existing zoning. The resulting flood hazard areas delineated using the results of such calculations may be different than the special flood hazard areas established in § 149-5 of these regulations. A permit from Wicomico County, Maryland is still required in addition to any state requirements.
C.
A permit is valid, provided that the actual start of work is within 180 days of the date of permit issuance. Requests for extensions shall be submitted in writing and justifiable cause demonstrated. The Floodplain Administrator may grant, in writing, one or more extensions of time, for additional periods not exceeding 90 days each and provided that there has been no amendment or revision to the basis for establishing special flood hazard areas and BFEs set forth in § 149-5.
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.
A.
Application contents. At a minimum, applications shall include:
(1)
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.
(2)
Elevation of the existing natural ground where buildings or structures
are proposed, referenced to the datum on the FIRM.
(3)
Delineation of flood hazard areas, designated floodway boundaries,
flood zones, base flood elevations, and flood protection setbacks.
Base flood elevations shall be used to delineate the boundary of flood
hazard areas, and such delineations shall prevail over the boundary
of SFHAs shown on FIRMs.
(4)
Where floodways are not delineated or base flood elevations are not
shown on the FIRMs, the Floodplain Administrator has the authority
to require the applicant to use information provided by the Floodplain
Administrator, information that is available from federal, state,
or other sources, or to determine such information using accepted
engineering practices or methods approved by the Floodplain Administrator.
[NOTE: See "Managing Floodplain Development in Approximate Zone A
Areas: A Guide for Obtaining and Developing Base (100-Year) Flood
Elevations" (FEMA 265).]
(5)
Determination of the base flood elevations, for development proposals
and subdivision proposals, each with at least five lots or at least
five acres, whichever is the lesser, in special flood hazard areas
where base flood elevations are not shown on the FIRM; if hydrologic
and hydraulic engineering analyses are submitted, such analyses shall
be performed in accordance with the requirements and specifications
of MDE and FEMA.
(6)
Hydrologic and hydraulic engineering analyses for proposals in special
flood hazard areas where FEMA has provided base flood elevations but
has not delineated a floodway; such analyses shall demonstrate that
the cumulative effect of proposed development, when combined with
all other existing and anticipated development will not increase the
water surface elevation of the base flood by more than one foot, or
a lower increase if required by MDE.
(7)
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.
(8)
If fill is proposed to be placed for a purpose other than to elevate
structures, the applicant shall indicate the intended purpose for
the fill.
(9)
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:
(a)
The proposed elevation of the lowest floor, including basement,
referenced to the datum on the FIRM and a signed agreement to submit
an elevation certificate.
(b)
The signed declaration of land restriction (nonconversion agreement)
that shall be recorded on the property deed prior to issuance of the
certificate of occupancy, if the application includes an enclosure
below the lowest floor or a crawl/underfloor space that is more than
four feet in height.
(10)
For accessory structures, governed by Article V, that are larger than 300 square feet in area (footprint) and that are below the base flood elevation, an administrative variance is required. If an administrative variance is granted, a signed declaration of land restriction (nonconversion agreement) shall be recorded on the property deed prior to issuance of the certificate of occupancy.
(11)
For accessory structures, governed by Article VI, that are larger than 300 square feet in area (footprint) and that are below the base flood elevation, a variance is required as set forth in Article VII. If a variance is granted, a signed declaration of land restriction (nonconversion agreement) shall be recorded on the property deed prior to issuance of the certificate of occupancy.
(12)
For temporary structures and temporary storage, specification
of the duration of the temporary use.
(13)
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:
(a)
If the existing building or structure was constructed after
September 28, 1984, 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.
(b)
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.
(c)
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.
(d)
Documentation of the actual cash value of all proposed work,
including the actual cash value of all work necessary to repair and
restore damage to the before-damaged condition, regardless of the
amount of work that will be performed. The value of work performed
by the owner or volunteers shall be valued at market labor rates;
the value of donated or discounted materials shall be valued at market
rates.
(14)
Certifications and/or technical analyses prepared or conducted
by a licensed professional engineer, professional land surveyor or
property line surveyor as appropriate, including:
(a)
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: § 149-20 for certain subdivisions and development; § 149-33A for development in designated floodways; § 149-33C for development in flood hazard areas with base flood elevations but no designated floodways; and § 149-33E for deliberate alteration or relocation of watercourses.
(b)
The floodproofing certificate for nonresidential structures that are floodproofed as required in § 149-35B.
(c)
Certification that engineered flood openings are designed to meet the minimum requirements of § 149-34C(3) to automatically equalize hydrostatic flood forces.
(d)
Certification that the proposed elevation, structural design, specifications and plans, and the methods of construction to be used for structures in coastal high hazard areas (V Zones) and Coastal A Zones, are in accordance with accepted standards of practice and meet the requirements of § 149-40C.
(15)
For nonresidential structures that are proposed with floodproofing, an operations and maintenance plan as specified in § 149-35B(3).
(16)
Such other material and information as may be requested by the
Floodplain Administrator and necessary to determine conformance with
these regulations.
B.
New technical data.
(1)
The applicant may seek Letter of Map Change by submitting new technical
data to FEMA, such as base maps, topography, and engineering analyses
to support revision of floodplain and floodway boundaries and/or base
flood elevations. Such submissions shall be prepared in a format acceptable
to FEMA, and any fees shall be the sole responsibility of the applicant.
A copy of the submittal shall be attached to the application for a
permit.
(2)
If the applicant submits new technical data to support any change
in floodplain and designated floodway boundaries and/or base flood
elevations but has not sought a Letter of Map Change from FEMA, the
applicant shall submit such data to FEMA as soon as practicable, but
not later than six months after the date such information becomes
available. Such submissions shall be prepared in a format acceptable
to FEMA and any fees shall be the sole responsibility of the applicant.
The Floodplain Administrator shall:
A.
Review applications for development in special flood hazard areas
to determine the completeness of information submitted. The applicant
shall be notified of incompleteness or additional information that
is required to support the application.
B.
Notify applicants that permits from MDE and the United States Army
Corps of Engineers, and other state and federal authorities may be
required.
C.
Review all permit applications to assure that all necessary permits
have been received from the federal, state or local governmental agencies
from which prior approval is required. The applicant shall be responsible
for obtaining such permits, including permits issued by:
(1)
The United States Army Corps of Engineers under Section 10 of the
Rivers and Harbors Act and Section 404 of the Clean Water Act;
(2)
MDE pursuant to COMAR 26.23 (nontidal wetlands) and Section 401 of
the Clean Water Act;
(3)
MDE for construction on nontidal waters of the state pursuant to
COMAR 26.17.04; and
(4)
MDE pursuant to COMAR 26.24 (Tidal Wetlands).
The Floodplain Administrator shall make periodic inspections
of development permitted in special flood hazard areas, at appropriate
times throughout the period of construction in order to monitor compliance.
Such inspections may include:
A.
Stake-out inspection, to determine location on the site relative
to the flood hazard area and designated floodway.
B.
Foundation inspection, upon placement of the lowest floor and prior
to further vertical construction, to collect information or certification
of the elevation of the lowest floor.
C.
Inspection of enclosures below the lowest floor, including crawl/underfloor
spaces, to determine compliance with applicable provisions.
D.
Utility inspection, upon installation of specified equipment and
appliances, to determine appropriate location with respect to the
base flood elevation.
E.
Final inspection prior to issuance of the certificate of occupancy.
Pursuant to the agreement to submit an elevation certificate submitted with the application as required in § 149-15A(9), 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.
