Talbot County, MD Article IV Requirements in Flood Hazard Area (A Zones) Other Than Coastal High Hazard Areas (V Zones) and Coastal A Zones

§ 70-27 General requirements.

This section's requirements shall:

A. Apply in special flood hazard areas that are not identified as coastal high hazard areas (V Zones) and Coastal A Zones. These flood hazard areas, referred to collectively as "A Zones," include special flood hazard areas along nontidal waters, landward of coastal high hazard areas (V Zones), and landward of Coastal A Zones (if delineated).

B. Apply to all development, new construction, and substantial improvements (including repair of substantial damage).

§ 70-28 Residential structures and residential portions of mixed-use structures.

New residential structures and residential portions of mixed use structures, and substantial improvement of existing residential structures and residential portions of mixed-use structures, shall comply with Article II and this article. See also § 70-30, Lateral additions.

A. Elevation requirements.

(1) Lowest floors shall be elevated to or above the flood protection elevation.

(2) 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 flood depth number specified in feet on the Flood Insurance Rate Maps plus two feet, or at least four feet if a flood depth number is not specified.

(3) Enclosures below the lowest floor shall meet the requirements of § 70-28B, Enclosures below the lowest floor.

B. Enclosures below the lowest floor. Enclosures below the lowest floor shall:

(1) Be used solely for vehicle parking, building access, crawl/under-floor spaces, or limited storage.

(2) Be constructed using flood-damage-resistant materials.

(3) Be provided with flood openings which shall meet the following criteria:

(a) 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, such enclosures shall each have at least two flood openings on two different exterior walls.

(b) Each flood opening bottom shall be one foot or less above the higher of the interior floor or grade, or the exterior grade, immediately below the opening.

(c) Any louvers, screens or other covers for flood openings shall allow automatic flow of floodwaters into and out of the enclosed area.

(d) If installed in doors, flood openings that meet requirements of Subsection B(3)(a) through (c) above are acceptable; however, doors without incorporated flood openings do not meet this section's requirements.

(e) May be nonengineered openings with at least one square inch for each square foot of enclosed area, or may be engineered flood openings as defined in Article VIII.

§ 70-29 Nonresidential structures and nonresidential portions of mixed use structures.

New nonresidential structures and nonresidential portions of mixed-use structures, and substantial improvement of nonresidential structures and nonresidential portions of mixed-use structures, shall comply with Article II and this article. See also § 70-30, Lateral additions.

A. Elevation requirements. Elevated structures shall:

(1) Have the lowest floor (including basement) elevated to or above the flood protection elevation; or

(2) 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 Flood Insurance Rate Map flood depth number plus two feet, or at least four feet if a flood depth number is not specified; and

(3) Have enclosures below the lowest floor, if any, that comply with § 70-28B, Enclosures below the lowest floor; or

(4) If proposed to be elevated on fill, meet the limitations in § 70-17, Fill placement.

B. Floodproofing requirements.

(1) Floodproofing of new nonresidential buildings is not allowed in nontidal waters [COMAR 26.17.04.11(B)(7)] and Coastal A Zones.

(2) Floodproofing is permitted for substantial improvement of nonresidential buildings in all A Zones, including Coastal A Zones.

(3) If floodproofing is proposed, structures shall:

(a) Be designed to be dry floodproofed such that the structure is watertight with walls and floors substantially impermeable to water to the level of the flood protection elevation; or

(b) If located in an area of shallow flooding (Zone AO), be dry floodproofed at least as high above the highest adjacent grade as the flood depth number specified on the Flood Insurance Rate Maps plus three feet, or at least five feet if a flood depth number is not specified; and

(c) Have structural components capable of resisting hydrostatic and hydrodynamic loads and buoyancy effects;

(d) Have floodproofing measures that are designed to consider flood-related hazard characteristics; frequency, depth and duration of flooding; rate of rise and fall of floodwater; soil characteristics; flood-borne debris; at least 12 hours of flood warning time from a credible source; and time necessary to implement any human intervention measures;

(e) Have at least one door above the applicable flood elevation that allows human ingress and egress during flooding conditions;

(f) Have an operations and maintenance plan filed with local emergency management officials specifying the owner/occupant's responsibilities to monitor flood potential; the location of shields, doors, closures, tools, or other goods required for implementation; maintenance of such goods; methods of installation; and periodic inspection; and

(g) Be certified with a floodproofing certificate by a licensed designer stating that the design and construction methods meet this section's requirements. The floodproofing certificate shall be submitted with the construction documents.

C. Slabs, pool decks and walkways shall be elevated in compliance with this chapter or 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. They shall be constructed of a frangible material and have rounded corners to break apart during flood-force waters and to minimize property damage.

D. Pools shall be oriented with the narrowest dimension perpendicular to the flood flow and shall not be fully enclosed by walls or roofs. Any fill brought in around the pool to support decks should be thoroughly compacted and stabilized with appropriate vegetation/grass.

§ 70-30 Lateral additions.

A. Any lateral addition proposed for a structure that was constructed after May 15, 1985, shall comply with Article II and this article.

B. In nontidal waters, all lateral additions shall comply with Article II and this article, and:

(1) If the addition is structurally connected to the base building, the requirements of Subsection C below apply.

(2) 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 only one doorway per story, with a width not exceeding 36 inches; the base building is not required to be brought into compliance.

C. For lateral additions that are structurally connected to the base building:

(1) If the addition combined with other proposed base building repairs, alterations, or modifications constitutes substantial improvement, the base building and the addition shall comply with Article II and this article.

(2) If the addition constitutes substantial improvement, the base building and the addition shall comply with Article II and this article.

D. For lateral additions with independent foundations that are not structurally connected to the base building and the common wall with the base building is modified by only one doorway per story, with a width not exceeding 36 inches, the base building is not required to be brought into compliance.

E. A horizontal addition to a building or structure that is not substantial improvement, and is not located in nontidal waters of the state, is not required to comply with this section.

§ 70-31 Accessory structures.

A. Accessory structures shall be no larger than 300 square feet in total floor area.

B. Accessory structures shall comply with the elevation requirements and other requirements of § 70-28, Residential structures, or the floodproofing requirements of § 70-29, Nonresidential structures, or shall:

(1) Be usable only for parking of vehicles or limited storage of household or yard goods;

(2) Be constructed with flood-damage-resistant materials below the base flood elevation;

(3) Offer the minimum resistance to floodwater flow;

(4) Be anchored to prevent flotation;

(5) Have electrical service and mechanical equipment elevated to comply with § 70-16D and E; and

(6) Have flood openings that meet the requirements of § 70-28B, Residential structures.

C. A variance as set forth in Article VI is required for accessory structures 300 square feet or larger in floor area that are below the base flood elevation. If a variance is granted, a signed declaration of land restriction (nonconversion agreement) shall be recorded in the Talbot County land records before a certificate of occupancy is issued.

§ 70-32 Watercourse alteration.

For proposed development that involves watercourse alteration not subject to § 70-26B ("Development in areas with base flood elevations without designated floodways"), 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 the floodway analysis required in § 70-26A ("Development in designated floodways"), and submit this data to the Floodplain Administrator and to the Federal Emergency Management Agency. The analyses shall be prepared 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.

Watercourse alteration may be permitted upon the applicant's submission of the following:

A. A description of the extent of the proposed watercourse alteration or relocation;

B. A licensed engineer's certification that the watercourse's flood-carrying capacity will not be decreased;

C. Evidence that adjacent communities, the U.S. Army Corps of Engineers, and 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 maintenance of 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 Talbot County specifying the maintenance responsibilities; if an agreement is required, the permit shall be conditioned to require that the agreement be recorded in the Talbot County land records which shall be binding on future owners.