[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Talbot County is organized pursuant to Art. XI-A of the Maryland Constitution and derives its authority for planning and land use regulation from Md. Code Ann., Local Government Art., Title 10, and certain provisions of Md. Code Ann., Land Use Art., Division I, Title 1, Subtitle 4. Pursuant to its authority, the County Council of Talbot County does hereby adopt this Chapter
70 of the Talbot County Code.
It is the purpose of these regulations to promote the public
health, safety and general welfare, and to:
A. Protect human life, health, property and welfare;
B. Encourage the use of appropriate construction practices in order
to prevent or minimize future flood damage;
C. Minimize flooding of water supply and sanitary sewage disposal systems;
D. Maintain natural drainage;
E. Reduce financial burdens imposed on the County, its government and
its residents, by discouraging unwise design and construction of development
in areas subject to flooding;
F. Minimize the need for rescue and relief efforts associated with flooding
and generally undertaken at the general public's expense;
G. Minimize business interruptions;
H. Minimize damage to public facilities and other utilities such as
water and gas mains, electric, telephone and sewer lines, streets
and bridges;
I. Educate those who build in and occupy special flood hazard areas
in the need to assume responsibility for their actions;
J. Minimize development impacts on adjacent properties within and near
flood-prone areas;
K. Maintain the flood storage and conveyance functions of floodplains;
L. Minimize the impact of development on the natural and other beneficial
functions of floodplains;
M. Prevent floodplain uses and development that are either hazardous
or environmentally incompatible; and
N. Meet the National Flood Insurance Program's participation requirements
as set forth in the Code of Federal Regulations (CFR) at 44 CFR 59.22.
These regulations apply to all special flood hazard areas within the unincorporated areas of Talbot County, as identified in §
70-12, Flood Insurance Rate Map use and interpretation.
A. All development shall fully comply with these regulations and all
other applicable regulations.
B. A permit is required for development in a special flood hazard area. Failure to obtain a permit shall be a violation of these regulations and shall be subject to penalties in accordance with §
70-49, Enforcement.
C. Permits issued on the basis of plans and applications approved by
the Floodplain Administrator authorize only the specific activities
set forth in the approved plans and applications. Development activities
contrary to that authorization are a violation of these regulations.
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.
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 for Talbot County,
any officer or employee thereof, the Maryland Department of the Environment
(MDE) or the Federal Emergency Management Agency (FEMA), for any flood
damage that results from reliance on these regulations or any administrative
decision lawfully made hereunder.
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.
This Floodplain Management Ordinance was enacted on May 10, 2016, with an effective date of July 20, 2016. The previously enacted Floodplain Management Ordinance, Chapter
70 of the Talbot County Code, adopted March 26, 2013, is hereby repealed. This chapter shall be amended as required by the Federal Emergency Management Agency, 44 Code of Federal Regulations. All subsequent amendments to this chapter are subject to the approval of the Federal Emergency Management Agency and the Maryland Department of the Environment.
The Talbot County Planning Officer 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, subject to the approval of the Talbot County
Council. Administration of any part of these regulations by another
entity shall not relieve the County 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 permit applications to determine whether proposed activities
will be located in special 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. Approve applications and issue permits to develop in flood hazard
areas if these regulations' provisions have been met, or disapprove
applications if these regulations' provisions have not been met.
E. Inspect permitted development to determine compliance or noncompliance
with these regulations.
F. Review elevation certificates and other certificates and documentation;
require incomplete or deficient certificates to be corrected.
G. 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 Talbot County,
within six months of its availability if the results indicate changes
to base flood elevations or boundaries as shown on the effective Flood
Insurance Rate Maps.
H. Determine if applications received all necessary permits from the
federal, state or local agencies; in particular, permits from the
Maryland Department of the Environment Wetlands and Waterways Program.
I. Verify for any proposed watercourse alteration that applicants have
notified adjacent communities and the Maryland Department of the Environment
and have submitted copies of such notifications to the Federal Emergency
Management Agency.
J. 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; these areas are shown on Flood Insurance Rate Maps as
Coastal Barrier Resource System Areas (CBRS) or Otherwise Protected
Areas (OPA).
K. Maintain permanent administrative records, 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) Supporting documentation of permit reviews, elevation certificates
and other required design certifications, variances, and enforcement
records.
L. Enforce the regulations' provisions.
M. Advise the Talbot County Board of Appeals about the regulations'
intent and, for each variance application, prepare a staff report
and recommendation.
N. Administer the requirements for proposed work on existing buildings,
including:
(1) Determination of substantially damaged structures for structures
in flood hazard areas that are damaged by any cause;
(2) Make reasonable efforts to notify substantially damaged structures'
owners of the permit required for repair, rehabilitation, or reconstruction;
and
(3) Prohibit noncompliant repair of substantially damaged buildings except
for temporary emergency measures necessary to secure a property to
prevent additional damage.
O. Undertake other actions, which may include but are not limited to:
(1) Issuing press releases, public service announcements, and other public
information materials related to permit requests and repair of damaged
structures;
(2) Coordinating with other federal, state, and local agencies to assist
with substantial damage determinations;
(3) Providing damaged structures' owners' information about the proper
repair of damaged structures in special flood hazard areas; and
(4) Assisting property owners with documentation necessary to file claims
for Increased Cost of Compliance (ICC) coverage under National Flood
Insurance Program flood insurance policies.
P. Notify the Federal Emergency Management Agency of any Talbot County
boundary changes resulting from annexations by municipalities within
the County; provide a map that clearly delineates the new County boundaries
and the parcels annexed by the municipality.
Q. If the Federal Emergency Management Agency requests, deliver a report
documenting the County's participation in the National Flood Insurance
Program, including the number of buildings in the special flood hazard
area, and the number of permits and variances issued for development
in the special flood hazard area.
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 Flood Insurance Rate Maps and data:
A. The minimum basis for establishing special flood hazard areas and
base flood elevations is the Talbot County, Maryland and Incorporated
Areas Flood Insurance Study dated July 20, 2016, or its most recent
revision, and the accompanying Flood Insurance Rate Map(s) and all
subsequent amendments and revisions to the Flood Insurance Rate Maps.
The Flood Insurance Study and Flood Insurance Rate Maps are available
for public review at the Talbot County Department of Planning and
Zoning.
B. A certified topographic field survey prepared by a licensed professional
is recommended for all new development and substantial improvements
to minimize and prevent floodplain uses and development that are either
hazardous or environmentally incompatible. Where a certified field
survey or digital topography indicates that ground elevations:
(1) Are below the base flood elevation, even in areas not delineated as a special flood hazard area on Flood Insurance Rate Maps, the area shall be considered a special flood hazard area. The area between the effective map and the certified topographic field survey boundary shall comply with all provisions of this chapter except §
70-14B.
(2) Are above the base flood elevation, and the area is mapped as a special
flood hazard area on a Flood Insurance Rate Map, the area shall be
regulated as a special flood hazard area unless the applicant obtains
a letter of map change that removes the area from the special flood
hazard area.
C. Where a special flood hazard area is identified on the Flood Insurance
Rate Map, but base flood elevations and floodways have not been identified
by the Federal Emergency Management Agency, the Floodplain Administrator
may:
(1) Provide the best available data to determine the base flood elevation;
or
(2) Require an applicant to obtain information available from federal,
state, or other approved sources; or
(3) If reliable data is not available, require an applicant for development
within the special flood hazard area to document the base flood elevation
and the elevation of the site using accepted engineering practices.
Appropriate methods include one of the following:
(a)
Simplified engineering methods, as approved by the Floodplain
Administrator, may be used to identify the base flood elevation for
single-lot residential development or other development not requiring
subdivision or a major site plan.
(b)
For subdivision of land or major site plans, a hydrologic and
hydraulic engineering analysis shall be submitted to identify base
flood elevations; such analyses shall be performed in accord with
Maryland Department of the Environment and Federal Emergency Management
Agency requirements and specifications.
D. Base flood elevations and designated floodway boundaries on Flood
Insurance Rate Maps and in Flood Insurance Studies shall take precedence
over any other sources, even if such sources show reduced floodway
widths and/or lower base flood elevations, unless the applicant obtains
a letter of map change that removes the area from the special flood
hazard area, revises the base flood elevation or moves the floodway
boundary.
E. Other data sources shall be used if they result in increased base
flood elevations and/or larger floodway areas than are shown on Flood
Insurance Rate Maps and in Federal Emergency Management Agency Flood
Insurance Studies.
F. If a preliminary Flood Insurance Rate Map and/or a preliminary Flood
Insurance Study has been provided by the Federal Emergency Management
Agency:
(1) Before a Federal Emergency Management Agency letter of final determination
is issued.
(a)
Preliminary flood hazard data shall be deemed the best available data as in Subsection
C of §
70-12, Flood Insurance Rate Map use and interpretation, and shall be used for locations where base flood elevations and/or floodway areas are not provided on the effective Flood Insurance Rate Maps.
(b)
Preliminary flood hazard data may be used where the preliminary
base flood elevations, floodplain or floodway areas exceed the base
flood elevations and/or designated floodway widths in currently effective
Federal Emergency Management Agency flood hazard data.
(c)
Such preliminary data may be subject to change and/or appealed
to the Federal Emergency Management Agency.
(2) After a letter of final determination is issued 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 earlier
Federal Emergency Management Agency flood hazard data for administering
these regulations.