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Talbot County, MD
 
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Table of Contents
Table of Contents
The requirements of this section shall:
A. 
Apply in flood hazard areas identified as coastal high hazard areas (V Zones) and Coastal A Zones.
B. 
Apply to all development, new construction, and substantial improvements (including repair of substantial damage).
Exception: In Coastal A Zones, the requirements of Article IV shall apply to substantial improvements (including repair of substantial damage).
A. 
Fill placement for the purpose of elevating buildings is prohibited.
B. 
Buildings shall be located landward of the reach of mean high tide.
C. 
Use of fill shall comply with § 70-17, Fill placement.
New structures and substantial improvement (including repair of substantial damage) of existing structures shall comply with this section and Article II.
A. 
Design certification. The application shall include a certification prepared by a licensed designer that the design and construction methods meet the requirements of Subsections B, C and D below, and the building code.[1]
[1]
Editor's Note: See Ch. 28, Building Construction.
B. 
Foundations.
(1) 
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 design shall include the effects of decreased resistance capacity from soil scouring.
(2) 
Slabs, pools, 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 conditions, and shall be designed to minimize debris impacts to adjacent properties and public infrastructure.
C. 
Elevation requirements.
(1) 
The bottom of the lowest horizontal structural member that supports the lowest floor shall be above the flood protection elevation.
(2) 
Basement floors below grade on all sides are prohibited.
(3) 
The space below an elevated building shall either be free of obstruction or, if enclosed by walls, shall meet the requirements of Subsection D below.
D. 
Enclosures below the lowest floor.
(1) 
Enclosures below the lowest floor shall be used solely for vehicle parking, building access or limited storage.
(2) 
Enclosures below the lowest floor shall be less than 300 square feet in area (exterior measurement to outside of finish materials).
(3) 
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 structure.
(4) 
No electrical, mechanical or plumbing system components shall be below the lowest floor except where necessary for connection to off-site utilities. Electrical, mechanical, and plumbing system components shall not be mounted on or penetrate through walls that are designed to break away under flood loads.
(5) 
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 loading resistance of not less than 10 pounds per square foot and no more than 20 pounds per square foot; or
(6) 
Where wind-loading values of the building code exceed 20 pounds per square foot, the applicant shall submit a licensed designer's certification that:
(a) 
The walls and partitions below the lowest floor will function as breakaway walls.
(b) 
The elevated portion of the building and supporting foundation system have been designed to withstand the effects of wind and flood loads simultaneously acting on all building components (structural and nonstructural). Water loading values used shall be those associated with the base flood; wind loading values used shall be those required by the building code.
(c) 
In Coastal A Zones, walls below the lowest floor shall have flood openings that meet the requirements of § 70-28, Residential structures, Subsection B(3).
A. 
All lateral additions proposed for a structure that was constructed after May 15, 1985, shall comply with Article II and this article.
B. 
For lateral additions, whether structurally connected or not structurally connected to the base building:
(1) 
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 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. [Note: 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 per § 70-35, Residential and nonresidential structures, Subsection C(3).]
C. 
A horizontal addition to a building or structure that is not substantial improvement is not required to comply with this section.
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 § 70-35, Residential and nonresidential structures, or, if not elevated, shall:
(1) 
Be useable only for vehicle parking 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) 
If larger than 100 square feet in size, walls shall meet the requirements of § 70-35, Residential and nonresidential structures, Subsections D(3) through (6); and if located in Coastal A Zones, walls shall have flood openings that meet the requirements of § 70-28, Residential structures, Subsection B(3).
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.
Note: NFIP Technical Bulletin No. 5, "Free-of-Obstruction Requirements," provides helpful guidance in applying these requirements.
A. 
Decks and patios. In addition to all other requirements of the building code,[1] decks and patios shall be located, designed, and constructed to comply with the following:
(1) 
A deck structurally connected to a structure shall have the bottom of its lowest horizontal structural member above the flood protection elevation. Any supporting members that extend below the flood protection elevation shall comply with the foundation requirements applicable to the structure. The structure shall be designed to accommodate any increased loads caused by the deck.
(2) 
A deck or patio 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.
(3) 
A deck or patio with vertical thickness of more than 12 inches or constructed with more than the minimum fill necessary for site drainage shall provide an analysis by a licensed designer demonstrating no harmful diversion of floodwaters or wave run-up and wave reflection that would increase damage to elevated structures.
(4) 
A deck or patio may be approved without analysis of the impact on diversion of floodwaters, wave run-up or wave reflection, provided that the deck or patio:
(a) 
Has a vertical thickness of 12 inches or less; and
(b) 
Is at natural grade or on fill material that is similar to local soils; and
(c) 
Uses fill in the minimum amount necessary for site drainage.
[1]
Editor's Note: See Ch. 28, Building Construction.
B. 
Other development. Other development activities shall be permitted only if located outside the footprint of, and not structurally connected to, structures. The permit application for such development must provide an analysis performed by a licensed designer, demonstrating no harmful diversion of floodwaters or wave run-up and wave reflection onto adjacent elevated structures. Other development includes but is not limited to:
(1) 
Bulkheads, seawalls, retaining walls, revetments, and similar erosion control structures;
(2) 
Solid fences, privacy walls, and fences prone to trapping debris, unless designed and constructed to fail under base flood conditions; and
(3) 
Mounded septic systems.