[HISTORY: Adopted by the Board of County Commissioners 1-16-2020 by Bill No. 3-19, effective 4-3-2020.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance repealed former Ch. 130,
Floodplain Management, adopted 10-2-1991.
A.
Findings. The Federal Emergency Management Agency (FEMA) has identified
special flood hazard areas within the boundaries of Allegany County.
Special flood hazard areas are subject to periodic inundation which
may result in loss of life and property, health and safety hazards,
disruption of commerce and governmental services, extraordinary public
expenditures for flood protection and relief, and impairment of the
tax base, all of which adversely affect the public health, safety
and general welfare. Structures that are inadequately elevated, improperly
floodproofed, or otherwise unprotected from flood damage also contribute
to flood losses.
(1)
Allegany County, by resolution, agreed to meet the requirements of
the National Flood Insurance Program (NFIP) and was accepted for participation
in the program on February 18, 1981. As of that date or as of February
18, 1981, the initial effective date of the Allegany County Flood
Insurance Rate Maps, all development and new construction, as defined
herein, are to be compliant with these regulations.
B.
Statutory authorization. The Maryland General Assembly, in Md. Code
Ann., Land Use Article, Title 4, has established as policy of the
state that the orderly development and use of land and structures
requires comprehensive regulation through the implementation of planning
and zoning control, and that planning and zoning controls shall be
implemented by local government in order to, among other purposes,
secure the public safety, promote health and general welfare, and
promote the conservation of natural resources. Therefore, the Board
of Commissioners of Allegany County does hereby adopt the following
floodplain management regulations.
C.
Statement of purpose. It is the purpose of these regulations to promote
the public health, safety and general welfare, and to:
(1)
Protect human life, health and welfare;
(2)
Encourage the utilization of appropriate construction practices,
in order to prevent or minimize flood damage in the future;
(3)
Minimize flooding of water supply and sanitary sewage disposal systems;
(4)
Maintain natural drainage;
(5)
Reduce financial burdens imposed on the community, its governmental
units and its residents, by discouraging unwise design and construction
of development in areas subject to flooding;
(6)
Minimize the need for rescue and relief efforts associated with flooding
and generally undertaken at the expense of the general public;
(7)
Minimize prolonged business interruptions;
(8)
Minimize damage to public facilities and other utilities such as
water and gas mains, electric, telephone and sewer lines, streets
and bridges;
(9)
Reinforce that those who build in and occupy special flood hazard
areas should assume responsibility for their actions;
(10)
Minimize the impact of development on adjacent properties within
and near flood-prone areas;
(11)
Provide that the flood storage and conveyance functions of floodplains
are maintained;
(12)
Minimize the impact of development on the natural and beneficial
functions of floodplains;
(13)
Prevent floodplain uses that are either hazardous or environmentally
incompatible; and
(14)
Meet community participation requirements of the National Flood
Insurance Program as set forth in the Code of Federal Regulations
(CFR) at 44 CFR § 59.22.
D.
Areas to which these regulations apply. These regulations shall apply to all special flood hazard areas within the jurisdiction of Allegany County, and identified in § 325-1E.
E.
Basis for establishing special flood hazard areas (SFHAs) and BFEs.
(1)
For the purposes of these regulations, the minimum basis for establishing
special flood hazard areas and base flood elevations is the Flood
Insurance Study (FIS) for Allegany County, Maryland and Incorporated
Areas dated April 3, 2020, or the most recent revision thereof, and
the accompanying Flood Insurance Rate Maps (FIRMs) and all subsequent
amendments and revisions to the FIRMs. The FIS and FIRMs are retained
on file and available to the public at the Allegany County Complex,
701 Kelly Road, Cumberland, MD 21502.
(2)
Where field surveyed topography or digital topography indicates that
ground elevations are below the closest applicable base flood elevation,
even in areas not delineated as a special flood hazard on the FIRM,
the area shall be considered as special flood hazard area.
(3)
To establish base flood elevations in special flood hazard areas that do not have such elevations shown on the FIRM, the floodplain administrator may provide the best available data for base flood elevations, may require the applicant to obtain available information from federal, state or other sources, or may require the applicant to establish special flood hazard areas and base flood elevations as set forth in § 325-3C, D, and E of these regulations.
(4)
In areas where there are no FEMA mapped floodplains, Allegany County
shall utilize supplemental flood studies prepared by Purdum and Jeschke
Consulting Engineers and Land Surveyors, dated 1986, as the best available
data. The subject studies include the following basins: Fairgo; Tributary
to Braddock Run and Triple Lakes, Upper Georges Creek and Warrior
Run.
F.
Abrogation and greater restrictions. These regulations are not intended
to repeal or abrogate any existing regulations and local laws, including
subdivision regulations, zoning regulations, building codes, or any
existing easements, covenants, or deed restrictions. In the event
of a conflict between these regulations and any other local law, the
more restrictive shall govern.
G.
H.
Warning and disclaimer of liability. The degree of flood protection
required by these regulations is considered reasonable for regulatory
purposes and is based on scientific and engineering considerations.
Larger floods can and will occur, and flood heights may be increased
by man made or natural causes. These regulations do not imply that
land outside of the special flood hazard areas or uses that are permitted
within such areas will be free from flooding or flood damage.
(1)
These regulations shall not create liability on the part of Allegany
County, any officer or employee thereof, the Maryland Department of
the Environment (MDE) or the Federal Emergency Management Agency (FEMA),
for any flood damage that results from reliance on these regulations
or any administrative decision lawfully made hereunder.
I.
Severability. Should any section or provision of these regulations
be declared by the courts to be unconstitutional or invalid, such
decision shall not affect the validity of the regulations as a whole,
or any part thereof, other than the part so declared to be unconstitutional
or invalid.
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.
A building or structure on the same lot with, and of a nature
customarily incidental and subordinate to, the principal structure.
For the purposes of these regulations, an accessory structure shall
be used solely for parking of vehicles and limited storage.
A form on which the applicant for a permit to construct a
building or structure, to construct certain horizontal 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 professional engineer or licensed
professional surveyor, as specified by the floodplain administrator,
and to submit the certificate:
A structure used solely for the production, harvesting, storage,
raising or drying of agricultural commodities and livestock; and specifically
excludes any structures for human habitation.
For the purpose of these regulations, alteration of a watercourse
includes, but is not limited to widening, deepening or relocating
the channel, including excavation or filling of the channel. Alteration
of a watercourse 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.
A designated Zone AO on the Flood Insurance Rate Map with
a 1% annual chance or greater of flooding to an average depth of one
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 one-percent chance 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 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 the building having its floor subgrade (below
ground level) on all sides.
Any building code as adopted and amended by Allegany County.
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.
Buildings and other structures that are intended to remain
operational in the event of extreme environmental loading from flood,
wind, snow or earthquakes. (Note: See Maryland Building Performance
Standards, § 1602 and Table 1604.5.) Critical and essential
facilities typically include hospitals, fire stations, police stations,
storage of critical records, facilities that handle or store hazardous
materials, and similar facilities.
A form signed by the owner to agree not to convert or modify
in any manner that is inconsistent with the terms of the permit and
these regulations, certain enclosures below the lowest floor of elevated
buildings and certain accessory structures. The form requires the
owner to record it on the property deed to inform future owners of
the restrictions.
Any manmade change to improved or unimproved real estate,
including but not limited to buildings or other structures, placement
of manufactured homes, mining, dredging, filling, grading, paving,
excavation or drilling operations or storage of equipment or materials.
FEMA form on which surveyed elevations and other data pertinent
to a property and a building are identified and which shall be completed
by a licensed professional land surveyor or a licensed professional
engineer, as specified by the floodplain administrator. When used
to document the height above grade of buildings in special flood hazard
areas for which base flood elevation data are not available, the elevation
certificate shall be completed in accordance with the instructions
issued by FEMA. (Note: FEMA Form 086-0-33 and instructions are available
online at https://www.fema.gov/media-library/assets/documents/160.)
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, provided that such enclosure
is built in accordance with the applicable design requirements specified
in these regulations. Also see "lowest floor."
The federal agency with the overall responsibility for administering
the National Flood Insurance Program.
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 in which the Federal Emergency Management
Agency has provided 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 professional
engineer or licensed architect as meeting certain performance characteristics,
including providing automatic entry and exit of floodwaters; this
certification requirement may be satisfied by an individual certification
for a specific structure or issuance of an evaluation report by the
ICC Evaluation Service, Inc. (Note: See NFIP Technical Bulletin #1,
"Openings in Foundation Walls and Walls of Enclosures.")
A general and temporary condition of partial or complete
inundation of normally dry land areas from:
The base flood elevation plus one foot of freeboard. Freeboard
is a factor of safety that compensates for uncertainty in factors
that could contribute to flood heights greater than the height calculated
for a selected size flood and floodway conditions, such as wave action,
obstructed bridge openings, debris and ice jams, climate change, and
the hydrologic effect of urbanization in a watershed.
A distance measured perpendicular to the top of bank of a
watercourse that delineates an area to be left undisturbed to minimize
future flood damage and to recognize the potential for bank erosion.
Along nontidal waters of the state, the flood protection setback is:
A minimum distance of 100 feet shall be maintained from the
edge of the banks of any watercourse delineated as having a floodplain
on the FIRM, except where the setback may extend beyond the floodplain.
To prevent erosion, natural vegetation shall be maintained in this
area. Where natural vegetation does not exist along the watercourse
and conditions for replanting are suitable, high priority shall be
given to planting trees in the setback area to stabilize banks and
to enhance aquatic resources.
A minimum distance of 50 feet shall be maintained from top of
the bank of any stream which has no designated floodplain and a basin
larger than 400 acres.
A minimum distance of 25 feet shall be maintained from centerline
from all other streams, drainways, including intermittent streams.
Natural vegetation shall be maintained and if needed, trees planted.
A designation for areas that are shown on Flood Insurance
Rate Maps:
Zone A: Special flood hazard areas subject to inundation by
the 1% annual chance (100-year) flood; base flood elevations are not
determined.
Zone AE and Zone A1-30: Special flood hazard areas subject to
inundation by the 1% annual chance (100-year) flood; base flood elevations
are determined; floodways may or may not be determined.
Zone AH and Zone AO: Areas of shallow flooding, with flood depths
of one to three feet (usually areas of ponding or sheet flow on sloping
terrain), with or without BFEs 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
chance (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, V1-30, B, and X (shaded).
Any construction material that is capable of withstanding
direct and prolonged contact with floodwaters without sustaining any
damage that requires more than cosmetic repair. (Note: See NFIP Technical
Bulletin #2, "Flood Damage-Resistant Materials Requirements.")
Any land area susceptible to being inundated by water from
any source (see definition of "flood or flooding").
A panel of representatives who review proposed modifications
to the regulations of this chapter. The subject committee is comprised
of staff from the Allegany Soil Conservation District, the Maryland
Department of the Environment and Allegany County government.
FEMA form that is to be completed, signed and sealed by a licensed professional engineer or licensed architect to certify that the design of floodproofing and proposed methods of construction are in accordance with the applicable requirements of § 325-5E(2) of these regulations. (Note: FEMA Form 086-0-34 is available online at https://www.fema.gov/media-library/assets/documents/2748.)
Any combination of structural and nonstructural additions,
changes, or adjustments to buildings or 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 buildings or structures are watertight with walls substantially
impermeable to the passage of water and with structural components
having the capability of resisting hydrostatic and hydrodynamic loads
and effects of buoyancy. [Note: State regulations at COMAR 26.17.04.11(B)(7)
do not allow new nonresidential buildings in nontidal waters of the
state to be floodproofed.]
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to pass the base flood discharge
such that the cumulative increase in the water surface elevation of
the base flood discharge is no more than a designated height. When
shown on a FIRM, the floodway is referred to as the "designated floodway."
An increment of elevation added to the base flood elevation
to provide a factor of safety for uncertainties in calculations, wave
actions, subsidence or other unpredictable effects.
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, and ship building and
ship repair facilities, but does not include long-term storage or
related manufacturing facilities.
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;
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district; or
Individually listed on the Maryland Register of Historic Places.
Analyses performed by a licensed professional engineer, in
accordance with standard engineering practices that are accepted by
the Maryland Department of the Environment (Nontidal Wetlands and
Waterways) and FEMA, used to determine the base flood, other frequency
floods, flood elevations, floodway information and boundaries, and
flood profiles.
A letter of map change is an official FEMA determination,
by letter, that amends or revises 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 NFIP 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 FEMA, to revise the effective FIRM.
As used in these regulations, licensed refers to professionals
who are 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.
The lowest floor of the lowest enclosed area (including basement)
of a building or 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 the purposes of these regulations, the market value of a building
is determined by a licensed real estate appraiser or the most recent,
full phased-in assessment value of the building (improvement) 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 structure that is used or intended for use for a mixture
of nonresidential and residential uses in the same structure.
The program authorized by the U.S. Congress in 42 U.S.C.
§§ 4001 to 4129. 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").
Structures, including additions and improvements, and the
placement of manufactured homes, for which the start of construction
commenced on or after February 18, 1981, the initial effective date
of the Allegany County Flood Insurance Rate Maps, including any subsequent
improvements, alterations, modifications, and additions to such structures.
See Maryland Department of the Environment (MDE).
See "waters of the state." As used in these regulations,
"nontidal waters of the state" 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 26.17.04.01
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 tidal and nontidal waters of the
state is the tidal wetlands boundary.
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.
The land in the floodplain subject to a 1% or greater chance of flooding in any given 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 V1-30. The term includes areas shown on other flood maps that are identified in Section 325-1 E.
The date the building permit was issued, provided the actual
start of construction, repair, reconstruction, rehabilitation, addition
placement, or other improvement was within 180 days of the permit
date. The actual start means either the first placement of permanent
construction of a structure on a site, such as the pouring of slab
or footings, the installation of piles, the construction of columns,
or any work beyond the stage of excavation; or the placement of a
manufactured home on a foundation. Permanent construction does not
include land preparation, such as clearing, grading and filling; nor
does it include the installation of streets and/or walkways; nor does
it include excavation for a basement, footings, piers, or foundations
or the erection of temporary forms; nor does it include the installation
on the property 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.
That which is built or constructed; specifically, a walled
and roofed building, including a gas or liquid storage tank that is
principally above ground, as well as a manufactured home.
Damage of any origin sustained by a building or structure
whereby the cost of restoring the building or structure to its before
damaged condition would equal or exceed 50% of the market value of
the building or structure before the damage occurred. Also used as
"substantially damaged" structures. [Note: See "Substantial Improvement/Substantial
Damage Desk Reference" (FEMA P-758).]
Any reconstruction, rehabilitation, addition, or other improvement
of a building or structure, the cost of which equals or exceeds 50%
of the market value of the building or structure before the start
of construction of the improvement. The term includes structures which
have incurred substantial damage, regardless of the actual repair
work performed. The term does not, however, include either:
Any project for improvement of a building or 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 a historic structure, provided that the alteration
will not preclude the structure's continued designation as a
historic structure.
[Note: See "Substantial Improvement/Substantial Damage Desk
Reference" (FEMA P-758).]
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 a building, structure, or other development for which a permit
is issued to be fully compliant with these regulations and the conditions
of the issued permit. A building, structure, or other 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 of the state.
[See Environment Article, Title 5, Subtitle 1, Annotated
Code of Maryland.] 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 MDE on the
basis of the 100-year flood frequency.
A.
Designation of the floodplain administrator. The Director of Planning
and Growth is hereby appointed to administer and implement these regulations
and is referred to herein as the floodplain administrator. The floodplain
administrator may:
(1)
Delegate duties and responsibilities set forth in these regulations
to qualified technical personnel, plan examiners, inspectors, and
other employees.
(2)
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 Section 59.22.
B.
Duties and responsibilities of the floodplain administrator. The
duties and responsibilities of the floodplain administrator shall
include but are not limited to:
(1)
Review applications for permits to determine whether proposed activities
will be located in flood hazard areas.
(2)
Interpret floodplain boundaries and provide available base flood
elevation and flood hazard information.
(3)
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.
(4)
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 100-year frequency floodplain of free-flowing nontidal
waters of the state.
(5)
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.
(6)
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.
(7)
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.
(8)
Review elevation certificates and require incomplete or deficient
certificates to be corrected.
(9)
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 Allegany County,
within six months after such data and information becomes available
if the analyses indicate changes in base flood elevations or boundaries.
(10)
Maintain and permanently keep records that are necessary for
the administration of these regulations, including:
(a)
Flood Insurance Studies, Flood Insurance Rate Maps (including
historic studies and maps and current effective studies and maps)
and letters of map change; and
(b)
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.
(11)
Enforce the provisions of these regulations, investigate violations,
issue notices of violations or stop work orders, and require permit
holders to take corrective action.
(12)
Advise the Floodplain Management Variance Review Committee regarding
the intent of these regulations and, for each application for a variance,
prepare a staff report and recommendation.
(13)
Administer the requirements related to proposed work on existing
buildings:
(a)
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.
(b)
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.
(14)
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.
(15)
Notify the Federal Emergency Management Agency when the corporate
boundaries of Allegany County have been modified and:
(a)
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
(b)
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.
(16)
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.
C.
Use and interpretation of FIRMs. 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:
(1)
Where field surveyed topography indicates that ground elevations:
(a)
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 special flood hazard area and subject to the requirements of these
regulations;
(b)
Are above the base flood elevation, the area shall be regulated
as special flood hazard area unless the applicant obtains a letter
of map change that removes the area from the special flood hazard
area.
(2)
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.
(3)
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.
(4)
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.
(5)
If a Preliminary Flood Insurance Rate Map and/or a Preliminary Flood
Insurance Study has been provided by FEMA:
(a)
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.
(b)
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 § 325-1E(3) and used where no base flood elevations and/or floodway areas are provided on the effective FIRM.
(c)
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.
D.
Permits required and expiration.
(1)
It shall be unlawful for any person to begin any development or construction which is wholly within, partially within, or in contact with any flood hazard area established in § 325-1E, including but not limited to filling; grading; construction of new structures; the substantial improvement of buildings or structures, including repair of substantial damage; placement or replacement of manufactured homes, including substantial improvement or repair of substantial damage of manufactured homes; erecting or installing a temporary structure, or alteration of a watercourse, until a permit is obtained from Allegany County. No such permit shall be issued until the requirements of these regulations have been met.
(2)
In addition to the permits required in Subsection D(1), applicants for permits in nontidal waters of the state are advised to contact MDE. Unless waived by MDE, pursuant to Code of Maryland Regulations 26.17.04, Construction on Nontidal Waters and Floodplains, MDE regulates the "100-year frequency floodplain of free-flowing waters," also referred to as nontidal waters of the state. To determine the 100-year frequency floodplain, hydrologic calculations are based on the ultimate development of the watershed, assuming existing zoning. The resulting flood hazard areas delineated using the results of such calculations may be different than the special flood hazard areas established in § 325-1E of these regulations. A permit from Allegany County is still required in addition to any state requirements.
(3)
A permit is valid provided the actual start of work is within 180 days of the date of permit issuance. Requests for extensions shall be submitted in writing and justifiable cause demonstrated. The floodplain administrator may grant, in writing, one or more extensions of time, for additional periods not exceeding 90 days each and provided there has been no amendment or revision to the basis for establishing special flood hazard areas and BFEs set forth in § 325-1E.
E.
Application required. 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.
(1)
Application contents. At a minimum, applications shall include:
(a)
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, utilities and other proposed
activities.
(b)
Elevation of the existing natural ground where buildings or
structures are proposed, referenced to the datum on the FIRM.
(c)
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.
(d)
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.
[Note: See "Managing Floodplain Development in Approximate Zone A
Areas: A Guide for Obtaining and Developing Base (100-Year) Flood
Elevations" (FEMA 265).]
(e)
Determination of the base flood elevations, for development
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.
(f)
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.
(g)
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.
(h)
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.
(i)
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:
[1]
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.
[2]
The signed declaration of land restriction (nonconversion agreement)
that shall be recorded on the property deed prior to issuance of the
land use permit, if the application includes an enclosure below the
lowest floor or a crawl/underfloor space that is more than four feet
in height.
(j)
For accessory structures that are no larger than 600 square
feet in area (footprint) and below the base flood elevation, no variance
is required. A signed declaration of land restriction (nonconversion
agreement) shall be recorded on the property deed, prior to issuance
of the land use permit.
(k)
For temporary structures and temporary storage, specification
of the duration of the temporary use.
(l)
For proposed work on existing buildings, structure, 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:
[1]
If the existing building or structure was constructed after
February 18, 1981, 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.
[2]
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.
[3]
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.
[4]
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.
(m)
Certifications and/or technical analyses prepared or conducted
by a licensed professional engineer or licensed architect, as appropriate,
including:
[1]
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 § 325-4B for certain subdivisions and development; § 325-5C(1) for development in designated floodways; § 325-5C(3) for development in flood hazard areas with base flood elevations but no designated floodways; and § 325-5C(5) for deliberate alteration or relocation of watercourses.
[2]
The floodproofing certificate for nonresidential structures that are floodproofed as required in § 325-5E(2).
[3]
Certification that engineered flood openings are designed to meet the minimum requirements of § 325-5D(3)(c) to automatically equalize hydrostatic flood forces.
(n)
For nonresidential structures that are proposed with floodproofing, an operations and maintenance plan as specified in § 325-5E(2)(c).
(o)
Such other material and information as may be requested by the
floodplain administrator and necessary to determine conformance with
these regulations.
(2)
New technical data.
(a)
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.
(b)
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.
F.
Review of application. The floodplain administrator shall:
(1)
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.
(2)
Notify applicants that permits from MDE and the U.S. Army Corps of
Engineers, and other state and federal authorities may be required.
(3)
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:
G.
Inspections. 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:
(1)
Stake-out inspection, to determine location on the site relative
to the flood hazard area and designated floodway.
(2)
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.
(3)
Inspection of enclosures below the lowest floor, including crawl/underfloor
spaces, to determine compliance with applicable provisions.
(4)
Utility inspection, upon installation of specified equipment and
appliances, to determine appropriate location with respect to the
base flood elevation.
(5)
Final inspection prior to issuance of the certificate of occupancy.
H.
Submissions required prior to final inspection. Pursuant to the agreement to submit an elevation certificate submitted with the application as required in § 325-3E(1)(i), 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.
A.
Application of requirements. The general requirements of this section apply to all development proposed within all special flood hazard areas identified in § 325-1E.
B.
Subdivision and development proposals.
(1)
In all flood zones:
(a)
Subdivision and development proposals shall be consistent with
the need to minimize flood damage and are subject to all applicable
standards in these regulations.
(b)
Subdivision and development proposals shall have utilities and
facilities such as sewer, gas, electrical, and water systems located
and constructed to minimize flood damage.
(c)
Subdivision and development proposals shall have adequate drainage
paths provided to reduce exposure to flood hazards and to guide floodwaters
around and away from proposed structures.
(d)
Subdivision and development proposals containing at least five lots or at least five acres, whichever is the lesser, that are wholly or partially in flood hazard areas where base flood elevation data are not provided by the floodplain administrator or available from other sources, shall be supported by determinations of base flood elevations as required in § 325-3E of these regulations.
(e)
Subdivision access roads shall have the driving surface at or
above the base flood elevation.
(2)
In special flood hazard areas of nontidal waters of the state:
(a)
Subdivision proposals shall be laid out such that proposed building
pads are located outside of the special flood hazard area and any
portion of platted lots that include land areas that are below the
base flood elevation shall be used for other purposes, deed restricted,
or otherwise protected to preserve it as open space.
(b)
Subdivision access roads shall have the driving surface at or
above the base flood elevation.
C.
Protection of water supply and sanitary sewage systems.
(1)
New and replacement water supply systems shall be designed to minimize
or eliminate infiltration of floodwaters into the systems.
(2)
New and replacement sanitary sewage systems shall be designed to
minimize or eliminate infiltration of floodwaters into systems and
discharges from systems into floodwaters.
(3)
On-site waste disposal systems shall be located to avoid impairment
to or contamination from them during conditions of flooding.
D.
Buildings and structures. New buildings and structures (including
the placement and replacement of manufactured homes) and substantial
improvement of existing structures (including manufactured homes)
that are located, in whole or in part, in any special flood hazard
area shall:
(1)
Be designed (or modified) and constructed to safely support flood
loads. The construction shall provide a complete load path capable
of transferring all loads from their point of origin through the load-resisting
elements to the foundation. Structures shall be designed, connected
and anchored to resist flotation, collapse or permanent lateral movement
due to structural loads and stresses, including hydrodynamic and hydrostatic
loads and the effects of buoyancy, from flooding equal to the flood
protection elevation or the elevation required by these regulations
or the building code, whichever is higher.
(2)
Be constructed by methods and practices that minimize flood damage.
(4)
Have electrical systems, equipment and components, and mechanical, heating, ventilating, air conditioning, and plumbing appliances, plumbing fixtures, duct systems, and other service equipment located at or above the elevation of the lowest floor required in § 325-5D(1) or 325-5E(1). Electrical wiring systems are permitted to be located below elevation of the lowest floor provided they conform to the provisions of the electrical part of the building code for wet locations. If replaced as part of a substantial improvement, electrical systems, equipment and components, and heating, ventilation, air conditioning, and plumbing appliances, plumbing fixtures, duct systems, and other service equipment shall meet the requirements of this section.
(5)
As an alternative to Subsection D(4), electrical systems, equipment and components, and heating, ventilating, air conditioning, and plumbing appliances, plumbing fixtures, duct systems, and other service equipment are permitted to be located below the elevation of the lowest floor provided they are designed and installed to prevent water from entering or accumulating within the components and to resist hydrostatic and hydrodynamic loads and stresses, including the effects of buoyancy, during the occurrence of flooding to that elevation.
(6)
Have the electric panelboard elevated at least three feet above the
BFE.
(8)
Comply with the requirements of the most restrictive designation
if located on a site that has more than one flood zone designation
(A Zone, designated floodway).
E.
Placement of fill.
(1)
Disposal of fill, including but not limited to earthen soils, rock,
rubble, construction debris, woody debris, and trash, shall not be
permitted in special flood hazard areas.
F.
Historic structures. Repair, alteration, addition, rehabilitation,
or other improvement of historic structures shall be subject to the
requirements of these regulations if the proposed work is determined
to be a substantial improvement, unless a determination is made that
the proposed work will not preclude the structure's continued
designation as a historic structure. The floodplain administrator
may require documentation of a structure's continued eligibility
and designation as a historic structure.
G.
Manufactured homes.
(1)
New manufactured homes shall not be placed or installed in floodways.
(2)
For the purpose of these regulations, the lowest floor of a manufactured
home is the bottom of the lowest horizontal supporting member (longitudinal
chassis frame beam).
(3)
New manufactured homes located outside of floodways, replacement
manufactured homes in any flood hazard areas, and substantial improvement
(including repair of substantial damage) of existing manufactured
homes in all flood hazard area, shall
(b)
Be installed in accordance with the anchor and tie-down requirements
of the building code or the manufacturer's written installation
instructions and specifications; and
(4)
[Note: See "Protecting Manufactured Homes from Floods and Other Hazards:
A Multi-Hazard Foundation and Installation Guide" (FEMA P-85).]
H.
Recreational vehicles. Recreational vehicles shall:
(2)
A recreational vehicle is ready for highway use if it is on its wheels
and jacking system, is attached to the site only by quick-disconnect
type utilities and securing devices and has no permanently attached
additions. If it cannot meet all of these criteria, the recreational
vehicle must be considered a manufactured home and is subject to the
elevation and construction standards of this chapter.
I.
Critical and essential facilities. Critical and essential facilities
shall:
J.
Temporary structures and temporary storage. In addition to the application requirements of § 325-3E, applications for the placement or erection of temporary structures and the temporary storage of any goods, materials, and equipment, shall specify the duration of the temporary use. Temporary structures and temporary storage in floodways shall meet the limitations of § 325-5C(1) of these regulations. In addition:
(1)
Temporary structures shall:
(a)
Be designed and constructed to prevent flotation, collapse or
lateral movement resulting from hydrodynamic loads and hydrostatic
loads during conditions of the base flood;
(b)
Have electric service installed in compliance with the electric
code; and
(c)
Comply with all other requirements of the applicable state and
local permit authorities.
(2)
Temporary storage shall not include hazardous materials.
K.
Gas or liquid storage tanks.
(1)
Underground tanks in flood hazard areas shall be anchored according
to acceptable engineering practices to prevent flotation, collapse
or lateral movement resulting from hydrostatic loads, including the
effects of buoyancy, during conditions of the base flood.
(2)
Aboveground tanks in flood hazard areas shall be anchored to a supporting
structure and elevated to or above the base flood elevation, or shall
be anchored according to acceptable engineering practices or otherwise
designed and constructed to prevent flotation, collapse, or lateral
movement resulting from hydrodynamic and hydrostatic loads, including
the effects of buoyancy, during conditions of the base flood.
(3)
In flood hazard areas, tank inlets, fill openings, outlets and vents
shall be:
(a)
At or above the base flood elevation or fitted with covers designed
to prevent the inflow of floodwater or outflow of the contents of
the tanks during conditions of the base flood; and
(b)
Anchored to prevent lateral movement resulting from hydrodynamic
and hydrostatic loads, including the effects of buoyancy, during conditions
of the base flood.
L.
Functionally dependent uses. Applications for functionally dependent uses that do not conform to the requirements of these regulations shall be approved only by variances issued pursuant to § 325-7. If approved, functionally dependent uses shall be protected by methods that minimize flood damage during the base flood, including measures to allow floodwaters to enter and exit, use of flood-damage-resistant materials, and elevation of electric service and equipment to the extent practical given the use of the building.
A.
General requirements. In addition to the general requirements of § 325-4, the requirements of this section shall:
(1)
Apply in flood hazard areas, including special flood hazard areas
along nontidal waters of the state.
(2)
Apply to all development, new construction, substantial improvements
(including repair of substantial damage), and placement, replacement,
and substantial improvement (including repair of substantial damage)
of manufactured homes.
B.
Flood protection setbacks. Within areas defined by flood protection
setbacks along nontidal waters of the state:
(1)
No new buildings, structures, or other development shall be permitted
unless the applicant demonstrates that the site cannot be developed
without such encroachment into the flood protection setback and the
encroachment is the minimum necessary after consideration of varying
other siting standards such as side, front, and back lot line setbacks.
(2)
Disturbance of natural vegetation shall be minimized and any disturbance
allowed shall be stabilized.
(3)
Public works and temporary construction may be permitted.
C.
Development that affects flood-carrying capacity of nontidal waters
of the state.
(1)
Development in designated floodways. For proposed development that will encroach into a designated floodway, § 325-3E(1)(g) requires the applicant to submit an evaluation of alternatives to such encroachment, including different uses of the site or the portion of the site within the floodway, and minimization of such encroachment. This requirement does not apply to fences that do not block the flow of floodwaters or trap debris. Proposed development in a designated floodway may be permitted only if:
(a)
The applicant has been issued a permit by MDE; and
(b)
The applicant has developed hydrologic and hydraulic engineering
analyses and technical data prepared by a licensed professional engineer
reflecting such changes, and the analyses, which shall be submitted
to the floodplain administrator, demonstrate that the proposed activity
will not result in any increase in the base flood elevation; or
(c)
If the analyses demonstrate that the proposed activities will
result in an increase in the base flood elevation, the applicant has
obtained a conditional letter of map revision and a letter of map
revision from FEMA upon completion of the project. Submittal requirements
and fees shall be the responsibility of the applicant.
(2)
Development that includes the placement of fill in nontidal waters of the state. For proposed development that includes the placement of fill in nontidal waters of the state, other than development that is subject to Subsection D, a hydraulically equivalent volume of excavation is required. Such excavations shall be designed to drain freely.
(3)
Development in areas with base flood elevations but no designated
floodways. For development in special flood hazard areas of nontidal
waters of the state with base flood elevations but no designated floodways:
(a)
The applicant shall develop hydrologic and hydraulic engineering analyses and technical data reflecting the proposed activity and shall submit such technical data to the floodplain administrator, as required in § 325-3E(1)(f). The analyses shall be prepared by a licensed professional engineer in a format required by FEMA 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.
(b)
The proposed development may be permitted if the applicant has
received a permit by MDE and if the analyses demonstrate that the
cumulative effect of the proposed development, when combined with
all other existing and potential flood hazard area encroachments,
will not increase the base flood elevation more than one foot at any
point.
(4)
Construction of roads, bridges, culverts, dams and in-stream ponds.
Construction of roads, bridges, culverts, dams, and in-stream ponds
in nontidal waters of the state shall not be approved unless they
comply with this section and the applicant has received a permit from
MDE.
(5)
Alteration of a watercourse. For any proposed development that involves alteration of a watercourse not subject to Subsection C(3), unless waived by MDE, the applicant shall develop hydrologic and hydraulic engineering analyses and technical data reflecting such changes, including the floodway analysis required in § 325-3E(1), and submit such technical data to the floodplain administrator and to FEMA. The analyses shall be prepared by a licensed professional engineer in a format required by MDE and by FEMA 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. Alteration of a watercourse may be permitted only upon submission, by the applicant, of the following:
(a)
A description of the extent to which the watercourse will be
altered or relocated;
(b)
A certification by a licensed professional engineer that the
flood-carrying capacity of the watercourse will not be diminished;
(c)
Evidence that adjacent communities, the U.S. Army Corps of Engineers,
and MDE have been notified of the proposal, and evidence that such
notifications have been submitted to FEMA; and
(d)
Evidence that the applicant shall be responsible for providing
the necessary maintenance for 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 Allegany County specifying the maintenance responsibilities;
if an agreement is required, the permit shall be conditioned to require
that the agreement be recorded on the deed of the property which shall
be binding on future owners.
D.
Residential structures and residential portions of mixed-use structures. New residential structures and residential portions of mixed-use structures, and substantial improvement (including repair of substantial damage) of existing residential structures and residential portions of mixed-use structures shall comply with the applicable requirements of § 325-4 and this section. See § 325-5F for requirements for horizontal additions.
(1)
Elevation requirements.
(a)
Lowest floors shall be elevated to or above the flood protection
elevation.
(b)
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 depth number specified in feet on the FIRM plus two feet,
or at least four feet if a depth number is not specified.
(d)
Basement floors that are below grade on all sides are prohibited.
(2)
Limitations on use of fill to elevate structures. Unless otherwise restricted by these regulations, especially by the limitations in § 325-5C(1), (2), and (3), fill placed for the purpose of raising the ground level to support a building or structure shall:
(a)
Consist of earthen soil or rock materials only. Dredged material
may be used as fill only upon certificate of suitability by a registered
professional geotechnical engineer. Fill used to support structures
must be compacted to 95% of the maximum density obtainable by the
standard proctor test (ASTM Standard D-698), and its suitability to
support structures certified by a registered professional engineer
licensed to practice in MD.
(b)
Extend laterally from the building footprint to provide for
adequate access as a function of use; the floodplain administrator
may seek advice from the State Fire Marshal's Office and/or the
local fire services agency;
(c)
Comply with the requirements of the building code and be placed
and compacted to provide for stability under conditions of rising
and falling floodwaters and resistance to erosion, scour, and settling;
(d)
Be sloped no steeper than one vertical to two horizontal, unless
approved by the floodplain administrator;
(e)
Be protected from erosion associated with expected velocities
during the occurrence of the base flood; unless approved by the floodplain
administrator, fill slopes shall be protected by vegetation if the
expected velocity is less than five feet per second, and by other
means if the expected velocity is five feet per second or more; and
(f)
Be designed with provisions for adequate drainage and no adverse
effect on adjacent properties.
(g)
In the event buildings on adjacent properties are known or determined
to be subject to flooding under current conditions, the floodplain
administrator may require submission of hydrologic and hydraulic analyses
to adequately demonstrate the effects of the proposed fill.
(3)
Enclosures below the lowest floor.
(a)
Enclosures below the lowest floor shall be used solely for parking
of vehicles, building access, crawl/underfloor spaces, or limited
storage.
(b)
Enclosures below the lowest floor shall be constructed using
flood damage-resistant materials.
(c)
Enclosures below the lowest floor shall be provided with flood
openings which shall meet the following criteria: (Note: See NFIP
Technical Bulletin #1, "Openings in Foundation Walls and Walls of
Enclosures.")
[1]
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, each such enclosure shall have flood openings
on exterior walls.
[2]
The total net area of all flood openings shall be at least one
square inch for each square foot of enclosed area (nonengineered flood
openings), or the flood openings shall be engineered flood openings
that are designed and certified by a licensed professional engineer
to automatically allow entry and exit of floodwaters; the certification
requirement may be satisfied by an individual certification or an
Evaluation Report issued by the ICC Evaluation Service, Inc.
[3]
The bottom of each flood opening shall be one foot or less above
the higher of the interior floor or grade, or the exterior grade,
immediately below the opening.
[4]
Any louvers, screens or other covers for the flood openings
shall allow the automatic flow of floodwaters into and out of the
enclosed area.
[5]
If installed in doors, flood openings that meet requirements of Subsection D(3)(c)[1] through [4], are acceptable; however, doors without installed flood openings do not meet the requirements of this section.
E.
Nonresidential structures and nonresidential portions of mixed-use structures. New nonresidential structures and nonresidential portions of mixed-use structures, and substantial improvement (including repair of substantial damage) of existing nonresidential structures and nonresidential portions of mixed-use structures shall comply with the applicable requirements of § 325-4 and the requirements of this section. See § 325-5F for requirements for horizontal additions.
(1)
Elevation requirements. Elevated structures shall:
(a)
Have the lowest floor (including basement) elevated to or above
the flood protection elevation; or
(b)
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 depth number specified in feet on the FIRM plus two feet,
or at least four feet if a depth number is not specified; and
(c)
Have enclosures below the lowest floor, if any, that comply with the requirements of § 325-5D; or
(e)
Basement floors that are below grade on all sides are prohibited.
(2)
Floodproofing requirements.
(a)
Floodproofing of new nonresidential buildings is not allowed
in nontidal waters of the state [COMAR 26.17.04.11(B)(7)].
(b)
Floodproofing for substantial improvement of nonresidential
buildings is allowed in nontidal waters of the state.
(c)
If floodproofing is proposed, structures shall:
[1]
Be designed to be dry floodproofed such that the building or
structure is watertight with walls and floors substantially impermeable
to the passage of water to the level of the flood protection elevation
plus one foot; or
[2]
If located in an area of shallow flooding (Zone AO), be dry
floodproofed at least as high above the highest adjacent grade as
the depth number specified on the FIRM plus three feet, or at least
five feet if a depth number is not specified; and
[3]
Have structural components capable of resisting hydrostatic
and hydrodynamic loads and effects of buoyancy;
[4]
Have floodproofing measures that are designed taking into consideration
the nature of flood-related hazards; 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 measures that
require human intervention;
[5]
Have at least one door above the applicable flood elevation
that allows human ingress and egress during conditions of flooding;
[6]
Have an operations and maintenance plan that is filed with local
emergency management officials and that specifies the owner/occupant's
responsibilities to monitor flood potential; the location of any shields,
doors, closures, tools, or other goods that are required for implementation;
maintenance of such goods; methods of installation; and periodic inspection;
and
[7]
Be certified by a licensed professional engineer or licensed architect, through execution of a floodproofing certificate that states that the design and methods of construction meet the requirements of this section. The floodproofing certificate shall be submitted with the construction drawings as required in § 325-3E(1)(m).
F.
Horizontal additions.
(2)
In nontidal waters of the state that are subject to the regulatory authority of MDE, all horizontal additions shall comply with the applicable requirements of § 325-4, this section, and:
(a)
If the addition is structurally connected to the base building, the requirements of Subsection F(3) apply.
(b)
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 no more than a doorway, the base building is not required
to be brought into compliance.
(3)
For horizontal additions that are structurally connected to the base
building:
(4)
For horizontal additions with independent foundations that are not
structurally connected to the base building and the common wall with
the base building is modified by no more than a doorway, the base
building is not required to be brought into compliance.
(5)
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.
(6)
[Note: See "Substantial Improvement/Substantial Damage Desk Reference"
(FEMA P-758).]
G.
Accessory structures.
(1)
An accessory structure may be permitted as an exemption to the elevation requirement if it is 600 square feet or less in total floor area and conforms to § 325-5G(2)(a) through (f).
(2)
An accessory structure exceeding 600 square feet in total floor area shall comply with the elevation requirements of § 325-5E(1), requirements of § 325-5D, the floodproofing requirements of § 325-5E(2), and shall:
(a)
Be usable only for parking of vehicles or limited storage;
(b)
Be constructed with flood damage-resistant materials below the
base flood elevation;
(c)
Be constructed and placed to offer the minimum resistance to
the flow of floodwaters;
(d)
Be anchored to prevent flotation;
(e)
Have electrical service and mechanical equipment elevated to
or above the base flood elevation; and
H.
Agricultural buildings.
(1)
Agricultural buildings may be permitted in the SFHA on a case-by-case
basis, subject to the following.
(a)
All agricultural buildings exceeding 600 square feet total floor area are subject to the variance procedure. Refer to § 325-7.
(b)
If possible, always place agricultural buildings out of the
SFHA.
(c)
All agricultural buildings shall be elevated to the highest
extent practicable.
(d)
All agricultural buildings shall be anchored to the ground to
resist flotation, collapse and lateral movement.
(e)
The structure must be located, oriented and constructed to minimize
flood damage.
(f)
The structure shall meet requirements of § 325-5G(2)(a) through (f).
(g)
Conversion of agricultural structure to a change of use shall
require the building to conform, at a minimum, to regulations of this
chapter.
(h)
A declaration of land restriction is required to be recorded
with the deed.
(2)
To qualify for an agricultural building, the following criteria must
be adequately met:
(a)
Demonstrate as being a cooperating partner with the Allegany
Soil Conservation District and/or Farm Program; and/or provide a Schedule
F for previous tax year(s) (up to three years);
(b)
Demonstrate through lease agreement(s) and/or ownership of at
least two acres of ground which is being farmed; and
(c)
Demonstrate in writing what the building will be utilized for,
provide a floor plan diagram illustrating door(s), window(s), flood
vents and overall dimensions, etc.
A.
General.
(1)
The Floodplain Management Appeals Review Committee shall have the
power to consider and authorize or deny variances from the strict
application of the requirements of these regulations. A variance shall
be approved only if it is determined not be contrary to the public
interest and where, owing to special conditions of the lot or parcel,
a literal enforcement of the provisions of these regulations, an unnecessary
hardship would result.
(2)
Upon consideration of the purposes of these regulations, the individual
circumstances, and the considerations and limitations of this section,
the Floodplain Management Appeals Review Committee may attach such
conditions to variances as it deems necessary to further the purposes
of these regulations.
(3)
No variance shall be granted for an accessory structure exceeding 600 square feet. Variances may be considered for agricultural buildings exceeding 600 square feet. Refer to § 325-5H.
(4)
The Floodplain Management Appeals Review Committee shall notify,
in writing, any applicant to whom a variance is granted to construct
or substantially improve a building or structure with its lowest floor
below the elevation required by these regulations. The notification
shall indicate that the variance is to the floodplain management requirements
of these regulations only, and that the cost of federal flood insurance
will be commensurate with the increased risk, with rates up to $25
per $100 of insurance coverage.
(5)
A record of all variance actions, including justification for issuance shall be maintained pursuant to § 325-3B(10) of these regulations.
B.
Application for a variance.
(1)
The owner of property, or the owner's authorized agent, for
which a variance is sought shall submit an application for a variance
to the floodplain administrator.
(2)
At a minimum, the application shall contain the following information: name, address, and telephone number of the applicant and property owner; legal description of the property; parcel map; description of the existing use; description of the proposed use; site map showing the location of flood hazard areas, designated floodway boundaries, flood zones, base flood elevations, and flood protection setbacks; description of the variance sought; and reason for the variance request. Variance applications shall specifically address each of the considerations in § 325-7C.
(3)
If the application is for a variance to allow the lowest floor of
a building or structure below the applicable minimum elevation required
by these regulations, the application shall include a statement signed
by the owner that, if granted, the conditions of the variance shall
be recorded on the deed of the property.
C.
Considerations for variances. The floodplain administrator shall
request comments on variance applications from MDE (NFIP State Coordinator)
and shall provide such comments to the Floodplain Management Appeals
Review Committee. In considering variance applications, the Floodplain
Management Appeals Review Committee shall consider and make findings
of fact on all evaluations, all relevant factors, requirements specified
in other sections of these regulations, and the following factors:
(1)
The danger that materials may be swept onto other lands to the injury
of others.
(2)
The danger to life and property due to flooding or erosion damage.
(3)
The susceptibility of the proposed development and its contents (if
applicable) to flood damage and the effect of such damage on the individual
owner.
(4)
The importance of the services to the community provided by the proposed
development.
(5)
The availability of alternative locations for the proposed use which
are not subject to, or are subject to less, flooding or erosion damage.
(6)
The necessity to the facility of a waterfront location, where applicable,
or if the facility is a functionally dependent use.
(7)
The compatibility of the proposed use with existing and anticipated
development.
(8)
The relationship of the proposed use to the comprehensive plan and
hazard mitigation plan for that area.
(9)
The safety of access to the property in times of flood for passenger
vehicles and emergency vehicles.
(10)
The expected heights, velocity, duration, rate of rise, and
sediment transport of the floodwaters and the effects of wave action,
if applicable, expected at the site.
(11)
The costs of providing government services during and after
flood conditions, including maintenance and repair of public utilities
and facilities such as sewer, gas, electrical, and water systems,
and streets and bridges.
(12)
The comments provided by MDE (NFIP State Coordinator).
D.
Limitations for granting variances. The Floodplain Management Appeals
Review Committee shall make an affirmative decision on a variance
request only upon:
(1)
A showing of good and sufficient cause. Good and sufficient cause
deals solely with the physical characteristics of the property and
cannot be based on the character of the improvement, the personal
characteristics of the owner/inhabitants, or local provision that
regulate standards other than health and public safety.
(2)
A determination that failure to grant the variance would result in
exceptional hardship due to the physical characteristics of the property.
Increased cost or inconvenience of meeting the requirements of these
regulations does not constitute an exceptional hardship to the applicant.
(3)
A determination that the granting of a variance for development within
any designated floodway, or flood hazard area with base flood elevations
but no designated floodway, will not result in increased flood heights
beyond that which is allowed in these regulations.
(4)
A determination that the granting of a variance will not result in
additional threats to public safety; extraordinary public expense,
nuisances, fraud or victimization of the public, or conflict with
existing local laws.
(5)
A determination that the building, structure or other development
is protected by methods to minimize flood damages.
(6)
A determination that the variance is the minimum necessary to afford
relief, considering the flood hazard.
A.
Compliance required.
(1)
No building, structure or development shall hereafter be located,
erected, constructed, reconstructed, improved, repaired, extended,
converted, enlarged or altered without full compliance with these
regulations and all other applicable regulations.
(2)
Failure to obtain a permit shall be a violation of these regulations and shall be subject to penalties in accordance with § 325-8C.
(3)
Permits issued on the basis of plans and applications approved by
the floodplain administrator authorize only the specific activities
set forth in such approved plans and applications or amendments thereto.
Use, arrangement, or construction of such specific activities that
are contrary to that authorization shall be deemed a violation of
these regulations.
B.
Notice of violation and stop-work order. If the floodplain administrator
determines that there has been a violation of any provision of these
regulations, the floodplain administrator shall give notice of such
violation to the owner, the owner's authorized agent, and the
person responsible for such violation, and may issue a stop-work order.
The notice of violation or stop-work order shall be in writing and
shall:
(1)
Include a list of violations, referring to the section or sections
of these regulations that have been violated;
(2)
Order remedial action which, if taken, will effect compliance with
the provisions of these regulations;
(3)
Specify a reasonable period of time to correct the violation;
(4)
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.
C.
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. Any
person responsible for a violation shall comply with the notice of
violation or stop work order. Failure to comply shall be deemed a
fine of $500. Each day a violation continues shall be considered a
separate offense. The violation must be corrected prior to any further
work progressing on the project. Nothing herein contained shall prevent
Allegany County from taking such other lawful action as is necessary
to prevent or remedy any violation.
All local laws or parts of local laws that are inconsistent
with the provisions of this chapter are hereby repealed to the extent
of such inconsistency. This chapter shall be amended as required by
the Federal Emergency Management Agency, Title 44, Code of Federal
Regulations. All subsequent amendments to this chapter are subject
to the approval of the Federal Emergency Management Agency and the
Maryland Department of the Environment.
