A.
The Federal Emergency Management Agency has identified special flood hazard areas within the boundaries of Queen
Anne's 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.
B.
The County Commissioners of Queen Anne's County, by resolution,
agreed to meet the requirements of the National Flood Insurance
Program and the County was accepted for participation in
the program on September 28, 1984. As of September 28, 1984, the initial
effective date of the Queen Anne's County Flood Insurance
Rate Map, all development and new
construction as defined herein, are to be compliant with
these regulations.
The Maryland General Assembly, in the Land Use Article of the
Annotated Code of Maryland, 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
Queen Anne's County Commissioners does hereby adopt the following floodplain management regulations.
It is the purpose of these regulations to promote the public
health, safety and general welfare, and to:
A.
Protect human life, health and welfare;
B.
Encourage the utilization of appropriate construction practices in
order to prevent or minimize flood damage in the
future;
C.
Minimize flooding of water supply and sanitary sewage
disposal systems;
D.
Maintain natural drainage;
E.
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;
F.
Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the
general public;
G.
Minimize prolonged business interruptions;
H.
Minimize damage to public facilities and other utilities, such as
water and gas mains, electric, telephone and sewer lines, streets
and bridges;
I.
Reinforce that those who build in and occupy special flood
hazard areas should assume responsibility for their actions;
J.
Minimize the impact of development on adjacent properties
within and near flood-prone areas;
K.
Provide that the flood storage and conveyance functions
of floodplains are maintained;
L.
Minimize the impact of development on the natural
and beneficial functions of floodplains;
M.
Prevent floodplain uses that are either hazardous
or environmentally incompatible; and
N.
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.
These regulations shall apply to all special flood hazard
areas within the jurisdiction of Queen Anne's County and identified in § 14:3-5.
A.
For the purposes of these regulations, the minimum basis for establishing special flood hazard areas and base flood elevations is the Flood Insurance Study for Queen Anne's
County, Maryland and Incorporated Areas, dated November 5, 2014, or
the most recent revision thereof, and the accompanying Flood
Insurance Rate Map(s) and all subsequent amendments and revisions
to the FIRMs. The FIS and FIRMs are retained on file and available to the public at
the Department of Public Works.
B.
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.
C.
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 §§ 14:3-17, 14:3-18, and 14:3-19 of these regulations.
These regulations are not intended to repeal or abrogate any
existing regulations and ordinances, including subdivision regulations,
zoning ordinances, building codes, or any existing
easements, covenants, or deed restrictions. In the event of a conflict
between these regulations and any other ordinance, the more restrictive
shall govern.
A.
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.
B.
These regulations shall not create liability on the part of the Queen
Anne's 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.
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.