Article VII Administration and Enforcement

The Floodplain Administrator shall publish permit and variance application forms and a checklist of required information.

The Floodplain Administrator may request additional information for an application if necessary to ensure compliance with these regulations.

§ 70-45 Special flood hazard area permit requirements.

Applications must be accompanied by required fees in accord with the fee schedule established by the County Council.

The Floodplain Administrator shall review an application for development in special flood hazard areas or variances to determine its completeness. The applicant shall be notified of incompleteness or additional required information within 15 days of the application's receipt. The applicant shall be notified in writing, specifying the deficiencies, listing additional required information, and stating that no further action on the application will be taken until the additional material is received by the Floodplain Administrator.

Application contents. Applications for special flood hazard area development shall include the following information, and all items on the checklist provided by the Floodplain Administrator:

Site plans drawn to scale showing the nature, location, dimensions, and existing and proposed topography of the proposed development site, and the location of existing and proposed structures, excavation, filling, storage of materials, drainage facilities, and other proposed activities.

Predisturbance grade elevation where structures are proposed referenced to the datum on the Flood Insurance Rate Maps.

Special flood hazard areas, designated floodway boundaries, flood zones, base flood elevations, and flood protection setbacks.

Base flood elevations, for subdivision plans and major site plans, in special flood hazard areas where base flood elevations are not shown on the Flood Insurance Rate Maps.

(5)

For proposed structures, including substantial improvement and repair of substantial damage, and placement and replacement of manufactured homes:

(a)

Proposed lowest floor elevation, including the basement, referenced to the Flood Insurance Rate Maps' datum, and a signed elevation certificate submission agreement.

(b)

The signed declaration of land restriction (nonconversion agreement) that shall be recorded in the Talbot County land records if the application includes an enclosure below the lowest floor, including any crawl/under-floor space more than four feet in height.

(c)

Alternative methods considered to elevate structures and manufactured homes, if the location is in nontidal waters and the fill is proposed to achieve the elevation required in § 70-28, Residential structures or § 70-29, Nonresidential structures.

(6)

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 prior to issuance of the certificate of occupancy.

(7)

For proposed work on existing structures, 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 structure was constructed after May 15, 1985, evidence that the work will not affect the structure's compliance with the floodplain management requirements in effect at the time the structure was permitted.

(b)

For lateral additions, a description of the addition, whether it will be structurally connected to the base building, and the nature of all modifications to the base building, as necessary to apply the requirements of § 70-30, Lateral additions, and § 70-36, Lateral additions.

(c)

Market value documentation of the 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 proposed work. 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.

(e)

In floodways and coastal high-hazard areas, permits shall be tracked by property location to determine if the cumulative value of improvements constitutes substantial improvement within any twelve-month period. The twelve-month period shall extend from the certificate of occupancy date for the first improvement until the building permit application date for successive improvements.

(8)

Certifications and/or technical analyses prepared or conducted by a licensed designer, as appropriate, including:

(a)

The determination of the base flood elevations or hydrologic and hydraulic engineering analyses prepared by a licensed engineer that are required by the Floodplain Administrator or are required by these regulations.

(b)

The floodproofing certificate for floodproofed nonresidential structures in accord with § 70-29B, Floodproofing requirements.

(c)

Certification that engineered flood openings are designed to meet the minimum requirements.

(d)

Certification that the proposed elevation, structural design, specifications and plans, and construction methods 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 this chapter.

(9)

For nonresidential structures proposed with floodproofing, an operations and maintenance plan as specified in § 70-29, Nonresidential structures.

(10)

Other material and information requested by the Floodplain Administrator and necessary to determine conformance with these regulations.

New technical data.

The applicant may seek a letter of map change by submitting new technical data to the Federal Emergency Management Agency, such as 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 the Federal Emergency Management Agency, 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.

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 the Federal Emergency Management Agency, the applicant shall submit such data to the Federal Emergency Management Agency 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 the Federal Emergency Management Agency, and any fees shall be the sole responsibility of the applicant.

Maryland Department of the Environment floodplain regulation. Applicants for permits in nontidal waters must contact the Maryland Department of the Environment. Unless waived by Maryland Department of the Environment, per the Code of Maryland Regulations 26.17.04, Construction on Nontidal Waters and Floodplains, the Maryland Department of the Environment regulates the "100-year frequency floodplain of free-flowing waters." To determine the 100-year frequency floodplain, calculations must be based on the ultimate development of the watershed, assuming existing zoning. The resulting flood hazard areas subject to state regulation may be different from the special flood hazard areas established in § 70-12, Flood Insurance Rate Map use and interpretation.

§ 70-46 Permit application review.

The Floodplain Administrator shall:

Notify applicants that permits from other state and federal authorities may be required.

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:

The U.S. Army Corps of Engineers under Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act;[1]

[1]

Editor's Note: See 33 U.S.C. § 403 and 33 U.S.C. § 1344, respectively.

Maryland Department of the Environment pursuant to COMAR 26.23 (Nontidal Wetlands) and Section 401 of the Clean Water Act;[2]

[2]

Editor's Note: See 33 U.S.C. § 1341.

Maryland Department of the Environment for construction on nontidal waters pursuant to COMAR 26.17.04; and

§ 70-47 Permit revisions and expiration; monitoring of construction.

Maryland Department of the Environment pursuant to COMAR 26.24 (Tidal Wetlands).

Review applications for compliance with these regulations after information required in these regulations or identified in the Floodplain Administrator's checklist and required by the Floodplain Administrator has been received.

Approve permits if the proposed development conforms to this chapter's requirements and all other applicable local codes and chapters. If applicable, the Floodplain Administrator shall note on the permit the proper elevation to which the structures or additions lowest floor must be elevated.

A permit is valid provided the actual start of construction is within 180 days of permit issuance.

Requests for extensions shall be in writing and shall include a justifiable cause for delay. The Floodplain Administrator may grant, in writing, one or more extensions of time, for periods not more than 180 days each, provided there has been no revision to the basis for establishing base flood elevations and special flood hazard areas set forth in § 70-12, Flood Insurance Rate Map use and interpretation.

Work shall be completed within 18 months from the permit issuance date unless the permit specifies a longer period or a written extension is granted.

If a permit expires, no development shall proceed until a new permit application is submitted and approved.

After permit issuance, no changes shall be made to any of the plans, specifications or other documents without advance written approval of the Floodplain Administrator. A copy of the permit or other verification must be displayed at the construction site during construction activity.

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:

Stakeout inspection, to determine location on the site relative to the flood hazard area and designated floodway.

Foundation inspection, upon completion of the top of foundation block or placement of the lowest floor, whichever is lower, and prior to further vertical construction, to collect information or certification of the actual elevation of the lowest floor.

Inspection of enclosures below the lowest floor, including crawl/under-floor spaces.

§ 70-48 Submissions required prior to final inspection.

Utility inspection, after installation of specified equipment and appliances, to determine their location with respect to the base flood elevation.

(5)

Final inspection prior to issuance of the certificate of occupancy.

Pursuant to the elevation submission agreement submitted with an application for a structure that must be elevated, the applicant shall have an elevation certificate prepared and submitted based upon completion of the top of foundation block or placement of the lowest floor, whichever is lower, and prior to further vertical construction; and also prior to final inspection and issuance of a certificate of occupancy. The elevation certificate shall be prepared by a licensed engineer or licensed surveyor. When used to document building height above grade in special flood hazard areas for which base flood elevation data are not available, the elevation certificate shall be completed in accordance with Federal Emergency Management Agency instructions.

To ensure compliance, a certificate of elevation compliance shall be required for tanks, equipment, mechanicals, components, or other systems required by this chapter to be elevated, but not required or included on an elevation certificate.

Where applicable, the declaration of land restriction (nonconversion agreement) shall be recorded on the property deed prior to issuance of the certificate of occupancy.

§ 70-49 Enforcement.

Notice of violation and stop-work order. If the Floodplain Administrator determines that there has been a violation of these regulations, the information shall be forwarded to the Chief Code Compliance Officer for disposition in accordance with Chapter 58 of the Talbot County Code. The Chief Code Compliance Officer shall give written notice of such violation to the owner, the owner's authorized agent, and the person responsible for such violation, and may issue a written stop-work order. The notice of violation shall be an administrative abatement order as established in Chapter 58. The administrative abatement order shall, as a minimum:

List the violations, referring to the section or sections of these regulations that have been violated;

Order remedial compliance action;

Specify a reasonable period of time to correct the violation;

Advise the recipients of the right to appeal; and

(5)

Be served in person; or

(6)

Be posted in a conspicuous place in or on the property and sent by registered or certified mail to the last known mailing address, residence, or place of business of the recipients.

Violations and penalties. Violations of these regulations or failure to comply with the requirements of these regulations or any conditions attached to a permit or variance shall constitute a misdemeanor and a civil infraction.

A fine may be imposed by the Chief Code Compliance Officer for the violation. Each day a violation continues shall be considered a separate offense.

The fine does not excuse the violation. The violation must be corrected prior to any further work progressing on the project.