In addition to the general requirements of Article IV, the requirements of this article shall:
A.
Apply in flood hazard areas that are not identified
as coastal high hazard areas (V Zones) and Coastal A Zones. These flood hazard areas,
referred to collectively as "A Zones," include special flood
hazard areas along nontidal waters of the state, landward of coastal high hazard areas (V Zones),
and landward of Coastal A Zones (if delineated).
B.
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.
Within areas defined by flood protection setbacks along nontidal waters of the state:
A.
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.
B.
Disturbance of natural vegetation shall be minimized, and any disturbance
allowed shall be vegetatively stabilized.
C.
Public works and temporary construction may be permitted.
A.
Development in designated Floodways.
(1)
For proposed development that will encroach
into a designated floodway, § 14:3-19A(7) 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.
(2)
Proposed development in a designated floodway may be permitted only if:
(a)
Alternatives do not exist elsewhere; and
(b)
The applicant has been issued a permit by MDE; and
(c)
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.
B.
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.
C.
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:
(1)
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 § 14:3-19A(6). 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.
(2)
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.
D.
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. In-kind repair of culverts and roads will
not require hydrologic and hydraulic engineering analyses if it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing development, will not increase the water surface elevation
of the base flood more than one foot at any point
within the community.
[Amended 11-25-2014 by Ord. No. 14-16]
E.
Alteration of a watercourse.
(1)
For any proposed development that involves alteration of a watercourse not subject to Subsection C, 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 § 14:3-19A, 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.
(2)
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 United States 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 Queen Anne's
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.
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 Article IV and this section. See § 14:3-43 for requirements for horizontal additions.
A.
Elevation requirements.
(1)
Lowest floors shall be elevated to or above the flood protection elevation, or an elevation of seven feet,
whichever is greater.
(2)
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.
B.
Limitations on use of fill to elevate structures. Unless otherwise restricted by these regulations, especially by the limitations in §§ 14:3-40A, 14:3-40B, and 14:3-40C, fill placed for the purpose of raising the ground level to support a building or structure shall:
(1)
Consist of earthen soil or rock materials only.
(2)
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;
(3)
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;
(4)
Be sloped no steeper than one vertical to three horizontal,
unless approved by the Floodplain Administrator;
(5)
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
(6)
Be designed with provisions for adequate drainage and no adverse
effect on adjacent properties.
C.
Enclosures below the lowest floor.
(1)
Enclosures below the lowest floor shall be
used solely for parking of vehicles, building access, crawl/underfloor
spaces, or limited storage.
(2)
Enclosures below the lowest floor shall be
less than 600 square feet in area (exterior measurement).
(3)
Enclosures below the lowest floor shall be
constructed using flood damage-resistant materials.
(4)
Enclosures below the lowest floor shall be
provided with flood openings which shall meet the
following criteria: (NOTE: See NFIP Technical Bulletin No. 1, "Openings
in Foundation Walls and Walls of Enclosures Below Elevated Buildings.")
(a)
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.
(b)
The total net area of all flood openings shall
be at least one square inch for each square foot of enclosed area
(non-engineered 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.
(c)
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.
(d)
Any louvers, screens or other covers for the flood openings shall allow the automatic flow of floodwaters into and out of the
enclosed area.
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 Article IV and the requirements of this section. See § 14:3-43 for requirements for horizontal additions.
A.
Elevation requirements. Elevated structures shall:
(1)
Have the lowest floor (including basement) elevated to or above the flood protection elevations; or
(2)
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 three feet, or at least five feet if a depth number is not
specified; and
B.
Floodproofing requirements.
(3)
If floodproofing is proposed, structures shall:
(a)
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 1.0
foot; or
(b)
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
(c)
Have structural components capable of resisting hydrostatic
and hydrodynamics loads and effects of buoyancy;
(d)
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;
(e)
Have at least one door above the applicable flood elevation that allows human ingress and egress during conditions
of flooding;
(f)
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
(g)
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 § 14.3-19A(16).
B.
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 Article IV and this section and:
(1)
If the addition is structurally connected to the base
building, the requirements of Subsection C apply.
(2)
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.
C.
For horizontal additions that are structurally connected to the base building:
D.
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.
E.
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.
A.
Accessory structures shall be limited to no more
than 600 square feet in floor area.
B.
Accessory structures shall comply with the elevation requirements and other requirements of § 14:3-41, the floodproofing requirements of § 14:3-42B, or shall:
(1)
Be usable only for parking of vehicles or limited storage;
(2)
Be constructed with flood damage-resistant materials below the base flood elevation;
(3)
Be constructed and placed to offer the minimum resistance to
the flow of floodwaters;
(4)
Be anchored to prevent flotation;
(5)
Have electrical service and mechanical equipment elevated to
or above the base flood elevation; and
