A. 
The Federal Emergency Management Agency (FEMA) has identified special flood hazard areas within Talbot 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.
B. 
Floodplains perform vital natural functions such as temporary storage of floodwaters, moderation of peak flood flows, water quality maintenance, groundwater recharge, erosion control, wildlife habitat, recreational opportunities, and improved aesthetics. These functions are best served if floodplains are kept in their natural state. Wherever possible, the natural characteristics of floodplains and their associated wetlands and water bodies should be preserved and enhanced. Decisions to alter floodplains, especially floodways and stream channels, should be carefully planned and the resource consequences and human needs carefully balanced.
C. 
This chapter provides a comprehensive approach to floodplain management addressing natural floodplain functions and the federal and state floodplain management programs. These programs are: the National Flood Insurance Program (44 CFR 59 to 79); the State Wetlands and Waterway Program; U.S. Army Corps of Engineers' Section 10 and 404 Permit Programs; and the State Coastal Zone Management Program.
D. 
Talbot County, by resolution, agreed to meet the requirements of the National Flood Insurance Program and was accepted for participation in the program on May 15, 1985. The effective date of Talbot County's Floodplain Management Ordinance was June 11, 1985. As of May 15, 1985, all development and new construction, as defined herein, are to comply with these regulations.
[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.
A. 
In the interpretation and application of these regulations, all provisions shall be:
(1) 
Considered as minimum requirements;
(2) 
Liberally construed in favor of the governing body; and
(3) 
Deemed neither to limit nor repeal any other powers granted under state statutes.
B. 
The following publications of the Federal Emergency Management Agency provide useful guidance in understanding and applying these regulations. This list is intended to refer to the most recent edition of those publications. They are intended only as guidance, and do not bind or alter the authority of the Floodplain Administrator to interpret and apply these regulations.
(1) 
Managing Floodplain Development in Approximate Zone A Areas: A Guide for Obtaining and Developing Base (100-Year) Flood Elevations (FEMA 265).
(2) 
Protecting Manufactured Homes from Floods and Other Hazards: A Multi-Hazard Foundation and Installation Guide (FEMA P-85).
(3) 
Coastal Construction Manual (FEMA 55).
(4) 
NFIP Technical Bulletin No. 1, Openings in Foundation Walls and Walls of Enclosures.
(5) 
NFIP Technical Bulletin No. 2, Flood Damage-Resistant Materials Requirements.
(6) 
NFIP Technical Bulletin No. 5, Free-of-Obstruction Requirements.
(7) 
NFIP Technical Bulletin No. 9, Design and construction guidance for breakaway walls below elevated coastal buildings.
(8) 
Substantial Improvement/Substantial Damage Desk Reference (FEMA P-758).
C. 
Terms in this chapter that are in italics are defined in Article VIII, Definitions.
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[1] 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).
[1]
Editor's Note: See 16 U.S.C. § 3501 et seq., P.L. 97-348.
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.