The Code Compliance Director 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. Administration of any part
of these regulations by another entity shall not relieve the community
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 applications for permits to determine whether proposed
activities will be located in 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. Review applications to determine whether all necessary
permits have been obtained from the federal, state or local agencies
from which prior or concurrent approval is required; in particular,
permits from MDE for any construction, reconstruction, repair, or
alteration of a dam, reservoir, or waterway obstruction (including
bridges, culverts, structures), any alteration of a watercourse, or
any change of the course, current, or cross section of a stream or
body of water, including any change to the one-hundred-year-frequency
floodplain of free-flowing nontidal waters of the state.
E. Verify that applicants proposing an alteration of a watercourse
have notified adjacent communities and MDE (NFIP State Coordinator),
and have submitted copies of such notifications to FEMA.
F. Approve applications and issue permits to develop in flood
hazard areas if the provisions of these regulations have been met,
or disapprove applications if the provisions of these regulations
have not been met.
G. Inspect, or cause to be inspected, buildings, structures,
and other development for which permits have been issued to determine
compliance with these regulations or to determine if noncompliance
has occurred or violations have been committed.
H. Review elevation certificates and require incomplete or
deficient certificates to be corrected.
I. Submit to FEMA, or require applicants to submit to FEMA,
data and information necessary to maintain FIRMs, including hydrologic
and hydraulic engineering analyses prepared by or for the Town of
Princess Anne within six months after such data and information become
available if the analyses indicate changes in base flood elevations
or boundaries.
J. Maintain and permanently keep records that are necessary
for the administration of these regulations, 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) Documentation supporting issuance and denial of permits,
elevation certificates, documentation of the elevation (in relation
to the datum on the FIRM) to which structures have been floodproofed,
other required design certifications, variances, and records of enforcement
actions taken to correct violations of these regulations.
K. Enforce the provisions of these regulations, investigate
violations issue notices of violations or stop-work orders, and require
permit holders to take corrective action.
L. Advise the Board of Appeals regarding the intent of these
regulations and, for each application for a variance, prepare a staff
report and recommendation.
M. Administer the requirements related to proposed work on
existing buildings:
(1) Make determinations as to whether buildings and structures
that are located in flood hazard areas and that are damaged by any
cause have been substantially damaged.
(2) Make reasonable efforts to notify owners of substantially
damaged structures of the need to obtain a permit to repair, rehabilitate,
or reconstruct, and prohibit the noncompliant repair of substantially
damaged buildings except for temporary emergency protective measures
necessary to secure a property or stabilize a building or structure
to prevent additional damage.
N. Undertake, as determined appropriate by the Floodplain
Administrator due to the circumstances, other actions which may include,
but are not limited to: issuing press releases, public service announcements,
and other public information materials related to permit requests
and repair of damaged structures; coordinating with other federal,
state, and local agencies to assist with substantial damage determinations;
providing owners of damaged structures information related to the
proper repair of damaged structures in special flood hazard areas;
and assisting property owners with documentation necessary to file
claims for increased cost of compliance (ICC) coverage under NFIP
flood insurance policies.
O. Notify the Federal Emergency Management Agency when the
corporate boundaries of the Town of Princess Anne have been modified
and:
(1) Provide a map that clearly delineates the new corporate
boundaries or the new area for which the authority to regulate pursuant
to these regulations has either been assumed or relinquished through
annexation; and
(2) If the FIRM for any annexed area includes special flood
hazard areas that have flood zones that have regulatory requirements
that are not set forth in these regulations, prepare amendments to
these regulations to adopt the FIRM and appropriate requirements,
and submit the amendments to the governing body for adoption; such
adoption shall take place within six months of the date of annexation
and a copy of the amended regulations shall be provided to MDE (NFIP
State Coordinator) and FEMA.
P. Upon the request of FEMA, complete and submit a report
concerning participation in the NFIP which may request information
regarding the number of buildings in the SFHA, number of permits issued
for development in the SFHA, and number of variances issued for development
in the SFHA.
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 FIRMs and data:
A. Where field-surveyed topography indicates that ground elevations:
(1) Are below the base flood elevation, even in areas not
delineated as a special flood hazard area on a FIRM, the area shall
be considered as a special flood hazard area and subject to the requirements
of these regulations;
(2) Are above the base flood elevation, 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.
B. In FEMA-identified special flood hazard areas where base
flood elevation and floodway data have not been identified and in
areas where FEMA has not identified special flood hazard areas, any
other flood hazard data available from a federal, state, or other
source shall be reviewed and reasonably used.
C. Base flood elevations and designated floodway boundaries
on FIRMs and in FISs shall take precedence over base flood elevations
and floodway boundaries by any other sources if such sources show
reduced floodway widths and/or lower base flood elevations.
D. Other sources of data shall be reasonably used if such
sources show increased base flood elevations and/or larger floodway
areas than are shown on FIRMs and in FISs.
E. If a preliminary Flood Insurance Rate Map and/or a preliminary
Flood Insurance Study has been provided by FEMA:
(1) Upon the issuance of a letter of final determination by
FEMA, if the preliminary flood hazard data is more restrictive than
the effective data, it shall be used and shall replace the flood hazard
data previously provided from FEMA for the purposes of administering
these regulations.
(2) Prior to the issuance of a letter of final determination by FEMA, the use of preliminary flood hazard data shall be deemed the best available data pursuant to §
79-5C and used where no base flood elevations and/or floodway areas are provided on the effective FIRM.
(3) Prior to issuance of a letter of final determination by
FEMA, the use of preliminary flood hazard data is permitted where
the preliminary base flood elevations, floodplain or floodway boundaries
exceed the base flood elevations and/or designated floodway widths
in existing flood hazard data provided by FEMA. Such preliminary data
may be subject to change and/or appeal to FEMA.
Application for a permit shall be made by the owner of the property
or the owner's authorized agent (herein referred to as the "applicant")
prior to the start of any work. The application shall be on a form
furnished for that purpose.
A. Application contents. At a minimum, applications shall
include:
(1) Site plans drawn to scale showing the nature, location,
dimensions, and existing and proposed topography of the area in question,
and the location of existing and proposed structures, excavation,
filling, storage of materials, drainage facilities, and other proposed
activities.
(2) Elevation of the existing natural ground where buildings
or structures are proposed, referenced to the datum on the FIRM.
(3) Delineation of flood hazard areas, designated floodway
boundaries, flood zones, base flood elevations, and flood protection
setbacks. Base flood elevations shall be used to delineate the boundary
of flood hazard areas and such delineations shall prevail over the
boundary of SFHAs shown on FIRMs.
(4) Where floodways are not delineated or base flood elevations
are not shown on the FIRMs, the Floodplain Administrator has the authority
to require the applicant to use information provided by the Floodplain
Administrator, information that is available from federal, state,
or other sources, or to determine such information using accepted
engineering practices or methods approved by the Floodplain Administrator.
Determination of the base flood elevations, for development proposals
and subdivision proposals, each with at least five lots or at least
five acres, whichever is the lesser, in special flood hazard areas
where base flood elevations are not shown on the FIRM; if hydrologic
and hydraulic engineering analyses are submitted, such analyses shall
be performed in accordance with the requirements and specifications
of MDE and FEMA.
(5) Hydrologic and hydraulic engineering analyses for proposals
in special flood hazard areas where FEMA has provided base flood elevations
but has not delineated a floodway; such analyses shall demonstrate
that the cumulative effect of proposed development, when combined
with all other existing and anticipated development, will not increase
the water surface elevation of the base flood by more than one foot
or a lower increase if required by MDE.
(6) For encroachments in floodways, an evaluation of alternatives
to such encroachments, including different uses of the site or portion
of the site within the floodway, and minimization of such encroachment.
(7) If fill is proposed to be placed for a purpose other than
to elevate structures, the applicant shall indicate the intended purpose
for the fill.
(8) For proposed buildings and structures, including substantial
improvement and repair of substantial damage, and placement and replacement
of manufactured homes, including substantial improvement and repair
of substantial damage:
(a)
The proposed elevation of the lowest floor, including
basement, referenced to the datum on the FIRM and a signed agreement
to submit an elevation certificate.
(b)
The signed declaration of land restriction (nonconversion
agreement) that shall be recorded on the property deed prior to issuance
of the certificate of occupancy, if the application includes an enclosure
below the lowest floor or a crawl/underfloor space that is more than
four feet in height.
(c)
A written evaluation of alternative methods considered to elevate structures and manufactured homes, if the location is in nontidal waters of the state and fill is proposed to achieve the elevation required in §
79-33A or §
79-34A.
(9) For accessory structures that are 300 square feet or larger in area (footprint) and that are below the base flood elevation, a variance is required as set forth in Article
VI. If a variance is granted, a declaration of land restriction (nonconversion agreement) shall be recorded on the property deed prior to issuance of the certificate of occupancy.
(10)
For temporary structures and temporary storage,
specification of the duration of the temporary use.
(11)
For proposed work on existing buildings, structures,
and manufactured homes, 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 building or structure was constructed
after April 20, 1979, evidence that the work will not alter any aspect
of the building or structure that was required for compliance with
the floodplain management requirements in effect at the time the building
or structure was permitted.
(b)
If the proposed work is a horizontal addition, a
description of the addition and whether it will be independently supported
or structurally connected to the base building and the nature of all
other modifications to the base building, if any.
(c)
Documentation of the market value of the building
or 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 work that will be performed. 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.
(12)
Certifications and/or technical analyses prepared
or conducted by a licensed professional engineer or licensed architect,
as appropriate, including:
(a)
The determination of the base flood elevations or hydrologic and hydraulic engineering analyses prepared by a licensed professional engineer that are required by the Floodplain Administrator or are required by these regulations in: §
79-19 for certain subdivisions and development; §
79-32A for development in designated floodways; §
79-32C for development in flood hazard areas with base flood elevations but no designated floodways; and §
79-32E for deliberate alteration or relocation of watercourses.
(b)
The floodproofing certificate for nonresidential structures that are floodproofed as required in §
79-34B.
(c)
Certification that engineered flood openings are designed to meet the minimum requirements of §
79-33C(3) to automatically equalize hydrostatic flood forces.
(13)
For nonresidential structures that are proposed with floodproofing, an operations and maintenance plan as specified in §
79-34B(3).
(14)
Such other material and information as may be requested
by the Floodplain Administrator and necessary to determine conformance
with these regulations.
B. New technical data.
(1) The applicant may seek a letter of map change by submitting
new technical data to FEMA, such as base 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 FEMA, 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.
(2) 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
FEMA, the applicant shall submit such data to FEMA 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 FEMA, and any fees shall be the sole responsibility of the applicant.
The Floodplain Administrator shall:
A. Review applications for development in special flood hazard
areas to determine the completeness of information submitted. The
applicant shall be notified of incompleteness or additional information
that is required to support the application.
B. Notify applicants that permits from MDE and the United
States Army Corps of Engineers and other state and federal authorities
may be required.
C. Review all permit applications to ensure 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:
(1) The United States Army Corps of Engineers under Section
10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act;
(2) MDE pursuant to COMAR 26.23 (nontidal wetlands) and Section
401 of the Clean Water Act;
(3) MDE for construction on nontidal waters of the state pursuant
to COMAR 26.17.04; and
(4) MDE pursuant to COMAR 26.24 (tidal wetlands).
D. Review applications for compliance with these regulations after all information required in §
79-14 of these regulations or identified and required by the Floodplain Administrator has been received.
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:
A. Stake-out inspection, to determine location on the site
relative to the flood hazard area and designated floodway.
B. Foundation inspection, upon placement of the lowest floor
and prior to further vertical construction, to collect information
or certification of the elevation of the lowest floor.
C. Inspection of enclosures below the lowest floor, including
crawl/underfloor spaces, to determine compliance with applicable provisions.
D. Utility inspection, upon installation of specified equipment
and appliances, to determine appropriate location with respect to
the base flood elevation.
E. Final inspection prior to issuance of the certificate of
occupancy.
Pursuant to the agreement to submit an elevation certificate submitted with the application as required in §
79-14A(9), the permittee shall have an elevation certificate prepared and submitted prior to final inspection and issuance of a certificate of occupancy for elevated structures and manufactured homes, including new structures and manufactured homes, substantially improved structures and manufactured homes, and additions to structures and manufactured homes.