Unless specifically defined below, words or phrases used in these regulations shall be interpreted to have the meaning they have in common usage and to give these regulations the most reasonable application. If a word or phrase defined below is also defined in another chapter of the Talbot County Code, the definition in this section is intended to apply only to this Chapter 70, Floodplain Management.
A structure detached from a principal building on the same
lot and incidental and subordinate to the principal building or use.
A designated Zone AO on the Flood Insurance Rate Map with
a 1% annual chance or greater of flooding to an average flood depth
of one foot to three feet where a clearly defined channel does not
exist, where the path of flooding is unpredictable, and where velocity
flow may be evident; such flooding is characterized by ponding or
sheet flow.
The building to which an addition is being added. This term
is used in provisions relating to additions.
The flood having a 1% probability of being equaled or exceeded
in any given year; the base flood also is referred to as the "1%-annual-chance
(100-year) flood."
The water surface elevation of the base flood in relation
to the datum specified on the community's Flood Insurance Rate Map.
In areas of shallow flooding, the base flood elevation is the highest
adjacent natural grade elevation plus the flood depth number specified
in feet on the Flood Insurance Rate Map, or at least four feet if
the depth number is not specified.
Any area of a building with its floor subgrade (below ground
level) on all sides.
A structure which is designed, built or occupied as a shelter
for persons, animals, or property.
The Maryland Building Performance Standards (COMAR 9.12.51),
including the International Building Code, International Residential
Code, International Energy Conservation Code and International Existing
Building Code; also the effective Talbot County plumbing, electrical,
mechanical and fuel gas codes; and other applicable Talbot County
building codes.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A Talbot County form completed by a licensed surveyor on
which surveyed elevations and other data pertinent to a property and
a feature not requiring an elevation certificate are identified to
certify as-built elevation above mean sea level.
A permit to legally occupy or use a building for the intended
purpose.
An area within a special flood hazard area, landward of a
coastal high hazard area (V Zone) or landward of a shoreline without
a mapped coastal high hazard area, in which the principal sources
of flooding are astronomical tides and storm surges, and in which,
during base flood conditions, the potential exists for breaking waves
with heights greater than or equal to 1.5 feet. The inland limit of
the Coastal A Zone may be delineated on Flood Insurance Rate Maps
as the limit of moderate wave action (LiMWA).
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An area of special flood hazard extending from offshore to
the inland limit of a primary frontal dune along an open coast and
any other area subject to high velocity wave action from storms. Coastal
high hazard areas also are referred to as "V Zones" and are designated
on Flood Insurance Rate Maps as Zones VE or V1-30.
A political subdivision of the State of Maryland (county,
city or town) that has authority to adopt and enforce floodplain management
regulations within its jurisdictional boundaries.
Structures that are intended to remain operational in the
event of extreme environmental flooding, wind, snow or earthquakes.
(Note: See Maryland Building Performance Standards, Sec. 1602 and
Table 1604.5.) They typically include hospitals, fire stations, police
stations, critical record storage, facilities that handle or store
hazardous materials, and similar facilities.
A form signed by the owner agreeing not to convert or modify
in any manner that is inconsistent with the permit's terms and these
regulations, for enclosures below the lowest floor of elevated buildings
and certain accessory structures. This agreement must be recorded
in the Talbot County land records.
Any man-made change to improved or unimproved real estate,
including but not limited to construction or placement of a structure,
substantial improvement of structures, mining, dredging, filling,
grading, paving, clearing, dumping, excavation, drilling or storage
of equipment or materials. Development includes subdivision of land.
FEMA Form 086-0-33, or most recent edition, on which surveyed
elevations and other data pertinent to a property and a building are
identified to certify as-built elevation of structures above mean
sea level.
A form on which the applicant for a permit to construct a
building or structure, to construct certain lateral additions, to
place or replace a manufactured home, to substantially improve a building,
structure, or manufactured home, agrees to have an elevation certificate
prepared by a licensed engineer or licensed surveyor and to submit
the certificate as required by this chapter.
An unfinished or flood-resistant enclosure that is located
below an elevated building, is surrounded by walls on all sides, and
is usable solely for parking of vehicles, building access or storage
in an area other than a basement area. Also see "lowest floor."
The federal agency with the overall responsibility for administering
the National Flood Insurance Program.
A general and temporary condition of partial or complete
inundation of normally dry land areas from:
Construction material capable of withstanding direct and
prolonged contact with floodwaters without sustaining more than cosmetic
damage.
An official map on which the Federal Emergency Management
Agency has delineated special flood hazard areas to indicate the magnitude
and nature of flood hazards, to designate applicable flood zones,
and to delineate floodways, if applicable. FIRMs that have been prepared
in digital format or converted to digital format are referred to as
"digital FIRMs" (DFIRM).
The official report from the Federal Emergency Management
Agency, providing flood profiles, floodway information, and the water
surface elevations.
A "flood opening (nonengineered)" is an opening that is used
to meet the prescriptive requirement of one square inch of net open
area for every square foot of enclosed area. An "engineered flood
opening" is an opening that is designed and certified by a licensed
designer as meeting certain performance characteristics, including
providing automatic entry and exit of floodwaters. The certification
requirement may be satisfied by a licensed engineer for a specific
structure or by an evaluation report from the International Code Council
Evaluation Service, Inc., a subsidiary of the International Code Council,
Inc.
The base flood elevation plus two feet of freeboard.
A designation for areas that are shown on Flood Insurance
Rate Maps:
ZONE ASpecial flood hazard areas subject to inundation by the base flood or 1%-annual-probability (100-year) flood; base flood elevations are not determined.
ZONE AE AND ZONE A1-30Special flood hazard areas subject to inundation by the 1%-annual-probability (100-year) flood; base flood elevations are determined; floodways may or may not be determined. In areas subject to tidal flooding, the limit of moderate wave action, also known as the "Coastal A Zone," is delineated.
ZONE AH AND ZONE AOAreas of shallow flooding, with flood depths of one foot to three feet (usually areas of ponding or sheet flow on sloping terrain), with or without base flood elevations or designated flood depths.
ZONE B AND ZONE X (SHADED)Areas subject to inundation by the 0.2-%-annual-chance (500-year) flood; areas subject to the 1%-annual-probability (100-year) flood with average depths of less than one foot or with contributing drainage area less than one square mile; and areas protected from the base flood by levees.
ZONE C AND ZONE X (UNSHADED)Areas outside of Zones designated A, AE, A1-30, AO, VE, V1-30B, and X (shaded).
ZONE VE AND ZONE V1-30Special flood hazard areas subject to inundation by the 1%-annual-probability (formerly the 100-year) flood and subject to high velocity wave action (also see "coastal high hazard area").
Any land area susceptible to being inundated by water from
any source (see definition of "flood" or "flooding").
FEMA Form 086-0-34, or most recent edition, that is to be completed, signed and sealed by a licensed designer to certify that the design of floodproofing and proposed methods of construction are in accordance with the applicable requirements of § 70-29, Nonresidential structures.
Any combination of structural and nonstructural additions,
changes, or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents, such that the structures
are watertight with walls substantially impermeable to water passage
and with structural components having the capability of resisting
hydrostatic and hydrodynamic loads and effects of buoyancy.
A watercourse channel and the adjacent land areas that must
be reserved in order to pass the base flood discharge without cumulatively
increasing the water surface elevation more than one foot. When shown
on a Flood Insurance Rate Map, the floodway is referred to as the
"designated floodway."
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A condition of open foundations (pilings, columns, or piers)
that are without attached elements or foundation components that would
obstruct the free passage of floodwaters and waves beneath structures
and through the foundations.
An additional elevation that provides a safety factor for
uncertainties that could contribute to flood heights greater than
the base flood height.
A use which cannot perform its intended purpose unless it
is located or carried out in close proximity to water; the term includes
only docking facilities, port facilities that are necessary for the
loading and unloading of cargo or passengers, shipbuilding and ship-repair
facilities, but does not include long-term storage or related manufacturing
facilities.
Any substance, including oil or its by-products, that:
Conveys toxic, lethal, or other injurious effects or which causes
sublethal harmful alterations to plant, animal, or aquatic life;
May be injurious to human beings;
Persists in the environment; and
Any matter identified as a "hazardous waste" by the Environmental
Protection Agency or a "controlled hazardous substance" by the Maryland
Department of the Environment.
The highest natural elevation of the ground surface, prior
to construction, next to the proposed foundation of a structure.
Any structure that is:
Individually listed in the National Register of Historic Places
(a listing maintained by the U.S. Department of Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listings on the National Register of Historic Places;
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the registered historic district's historical
significance or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
Individually listed on the Maryland Register of Historic Places;
or
Individually listed on the inventory of historic places maintained
by Talbot County whose historic preservation program is certified
by the Maryland Historical Trust or the Secretary of the Interior.
Analyses performed by a licensed engineer, in accordance
with standard engineering practices accepted by the Maryland Department
of the Environment and the Federal Emergency Management Agency, used
to determine the base flood, other frequency floods, flood elevations,
floodway information and boundaries, and flood profiles.
An official Federal Emergency Management Agency determination,
by letter, amending or revising an effective Flood Insurance Rate
Map or Flood Insurance Study. Letters of map change include:
LETTER OF MAP AMENDMENT (LOMA)An amendment based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the current effective Flood Insurance Rate Map and establishes that a specific property or structure is not located in a special flood hazard area.
LETTER OF MAP REVISION (LOMR)A revision based on technical data that may show changes to flood zones, flood elevations, floodplain and floodway delineations, and planimetric features. A letter of map revision based on fill (LOMR-F) is a determination that a structure or parcel of land has been elevated by fill above the base flood elevation and is, therefore, no longer exposed to flooding associated with the base flood. In order to qualify for this determination, the fill must have been permitted and placed in accordance with the community's floodplain management regulations.
CONDITIONAL LETTER OF MAP REVISION (CLOMR)A formal review and comment as to whether a proposed flood protection project or other project complies with the minimum National Flood Insurance Program requirements for such projects with respect to delineation of special flood hazard areas. A conditional letter of map revision based on fill (CLOMR-F) is a determination that a parcel of land or proposed structure that will be elevated by fill would not be inundated by the base flood if fill is placed on the parcel as proposed or the structure is built as proposed. A CLOMR does not revise the effective Flood Insurance Rate Map or Flood Insurance Study; upon submission and approval of certified as-built documentation, a letter of map revision may be issued by the Federal Emergency Management Agency, to revise the effective Flood Insurance Rate Maps.
Professionals authorized to practice in the State of Maryland
by issuance of licenses by the Maryland Board of Architects, Maryland
Board of Professional Engineers, Maryland Board of Professional Land
Surveyors, and the Maryland Real Estate Appraisers and Home Inspectors
Commission.
A licensed professional engineer or a licensed architect.
Inland limit of the area affected by waves greater than 1.5
feet during the base flood. Base flood conditions between the VE Zone
and the LiMWA will be similar to, but less severe than, those in the
VE Zone.
The lowest floor of the lowest enclosed area (including basement)
of a structure; the floor of an enclosure below the lowest floor is
not the lowest floor, provided the enclosure is constructed in accordance
with these regulations. The lowest floor of a manufactured home is
the bottom of the lowest horizontal supporting member (longitudinal
chassis frame beam).
A structure, transportable in one or more sections, which
is built on a permanent chassis and is designed for use with or without
a permanent foundation when connected to the required utilities. The
term "manufactured home" does not include a recreational vehicle.
The price at which a property will change hands between a
willing buyer and a willing seller, neither party being under compulsion
to buy or sell and both having reasonable knowledge of relevant facts.
For these regulations, a building's market value is determined by
a licensed real estate appraiser or the building's (improvement's)
most recent, full phased-in assessment value determined by the Maryland
Department of Assessments and Taxation.
A principal department of the State of Maryland that is charged
with, among other responsibilities, the coordination of the National
Flood Insurance Program in Maryland (NFIP State Coordinator) and the
administration of regulatory programs for development and construction
that occur within the waters of the state, including nontidal wetlands,
nontidal waters and floodplains, and state and private tidal wetlands
("tidal wetlands"). Unless otherwise specified, "MDE" refers to the
Department's Wetlands and Waterways Program.
Any building or structure that is used or intended for use
for a mixture of nonresidential and residential uses.
The program authorized by the U.S. Congress in 42 U.S.C. §§ 4001
to 4131. The NFIP makes flood insurance coverage available in communities
that agree to adopt and enforce minimum regulatory requirements for
development in areas prone to flooding (see definition of "special
flood hazard area").
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Structures, including additions and improvements, and the
placement of manufactured homes, for which the start of construction
commenced on or after May 15, 1985, the initial effective date of
the Talbot County Floodplain Management Ordinance, including any subsequent
improvements, alterations, modifications, and additions to such structures.
See "Maryland Department of the Environment."
A commercial or nonhabitational or mixed-use building or
structure that does not qualify as residential. This category includes
but is not limited to: commercial, industrial, recreational, and agricultural
buildings (including grain bins and silos), churches, schools, garages,
pool houses or warehouses.
See "waters of the state." As used in these regulations,
"nontidal waters" refers to any stream or body of water within the
state that is subject to state regulation, including the "100-year
frequency floodplain of free-flowing waters." COMAR 26.17.01 states
that "the landward boundaries of any tidal waters shall be deemed
coterminous with the wetlands boundary maps adopted pursuant to Environment
Article, § 16-301, Annotated Code of Maryland." Therefore,
the boundary between the state's tidal and nontidal waters is the
tidal wetlands boundary.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
An individual or group of individuals, corporation, partnership,
association, or any other entity, including state and local governments
and agencies.
A vehicle that is built on a single chassis, 400 square feet
or less when measured at the largest horizontal projection, designed
to be self-propelled or permanently towable by a light duty truck,
and designed primarily not for use as a permanent dwelling, but as
temporary living quarters for recreational, camping, travel, or seasonal
use.
A plan showing the proposed development of a lot or parcel. A site plan shows existing and proposed natural features, structures, building footprints and elevations, road rights-of-way, paved areas, access, walkways, vegetative cover, landscaping, screening, and stormwater management. There are two types of site plans, major and minor, with different submittal requirements and review processes as established in the Zoning, Subdivision and Land Development Ordinance, Chapter 190 of the Talbot County Code.
The land in the floodplain subject to a 1% or greater probability of flooding in a year. Special flood hazard areas are designated by the Federal Emergency Management Agency in Flood Insurance Studies and on Flood Insurance Rate Maps as Zones A, AE, AH, AO, A1-30, and A99, and Zones VE and Vl-30. The term includes areas shown on other flood maps that are identified in § 70-12, Flood Insurance Rate Map use and interpretation.
The date the building permit was issued, provided the actual
start of construction, repair, or other improvement was within 180
days of the permit date. The actual start means either the first permanent
construction, such as placement of slab, footings, piles, or columns;
or the placement of a manufactured home on a foundation. Permanent
construction does not include land clearing, grading and filling;
installation of streets or walkways; excavation; the erection of temporary
forms; or installation of accessory structures, such as garages or
sheds not occupied as dwelling units or not part of the main structure.
For substantial improvements, the actual start of construction means
the first alteration of any wall, ceiling, floor, or other structural
part of a building, whether or not that alteration affects the external
dimensions of the building.
Method of joining the individual members of a structure to
form a complete assembly. Connections are used to ensure the reliability
of the structure, and also used to join separate structures in order
to provide rigidity, spatial distribution of structures, and construction
of reinforced building units. Connections furnish supporting reactions
and transfer loads from one member to another and may consist of fasteners,
rivets, bolts, or welded plates.
That which is built or constructed; specifically, a walled
and roofed building. This term includes gas or liquid storage tanks
that are principally above ground, as well as manufactured homes.
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% of the structure's market value before the damage
occurred. Also used as "substantially damaged" structures.
Any reconstruction, rehabilitation, addition, or other improvement
of a structure, the cost of which equals or exceeds 50% of the structure's
market value before the improvement's start of construction. The term
includes any repair or reconstruction of structures which have incurred
substantial damage, regardless of the actual cost of the repair work
performed. The term does not, however, include either:
Any project for improvement of a structure to correct existing
violations of state or local health, sanitary, or safety code specifications
which have been identified by the local code enforcement official
prior to submission of an application for a permit and which are the
minimum necessary to assure safe living conditions; or
Any alteration of an historic structure, provided that the alteration
will not preclude the structure's continued designation as an historic
structure.
A structure installed, used, or erected for a period of less
than 180 days.
A grant of relief from the strict application of one or more
requirements of these regulations.
Any construction or development in a special flood hazard
area that is being performed without an issued permit. The failure
of development for which a permit is issued to comply with these regulations
and the conditions of the issued permit. Development without the required
design certifications, the elevation certificate, or other evidence
of compliance required is presumed to be a violation until such time
as the required documentation is provided.
The channel, including channel banks and bed, of nontidal
waters.
Includes, but is not limited to widening, deepening or relocating
the channel, including excavation or filling of the channel. Watercourse
alteration does not include construction of a road, bridge, culvert,
dam, or in-stream pond unless the channel is proposed to be realigned
or relocated as part of such construction.
(See Md. Code Ann., Environment Art., Title 5, Subtitle 1)
Waters of the state include:
Both surface and underground waters within the boundaries of
the state subject to its jurisdiction;
That portion of the Atlantic Ocean within the boundaries of
the state;
The Chesapeake Bay and its tributaries;
All ponds, lakes, rivers, streams, public ditches, tax ditches,
and public drainage systems within the state, other than those designed
and used to collect, convey, or dispose of sanitary sewage; and
The floodplain of free-flowing waters determined by Maryland
Department of the Environment on the basis of the 100-year flood frequency.
