A.
Whereas:
(1)
The Federal Emergency Management Agency has identified special flood
hazard areas within the boundaries of Harford County, Maryland. 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.
(2)
Harford County, by resolution, agreed to meet the requirements of
the National Flood Insurance Program and was accepted for participation
in the Program on March 2, 1983. As of that date, or as of March 2,
1983 the initial effective date of the Harford County Flood Insurance
Rate Map, all development and new construction as defined herein are
to be compliant with this chapter.
(3)
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.
B.
It is the purpose of these provisions 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 C.F.R. § 59.22.
This chapter shall apply to all special flood hazard areas within the jurisdiction of Harford County and identified in Section 131-3.
A.
For the purposes of this chapter, the minimum basis for establishing
special flood hazard areas and base flood elevations is the Flood
Insurance Study for Harford County, Maryland and incorporated areas
dated April 19, 2016, 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 Planning and Zoning.
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 a 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 Section 131-10, Section 131-11 and Section 131-12 of this chapter.
These provisions are not intended to repeal or abrogate any
existing laws or regulations, including Subdivision Regulations, Zoning
Laws, Building Codes, or any existing easements, covenants or deed
restrictions. In the event of a conflict between these provisions
and any other law, the more restrictive shall govern.
In the interpretation and application of this chapter, all provisions
shall be:
A.
Considered as minimum requirements;
B.
Liberally construed in favor of the governing body; and
C.
Deemed neither to limit nor repeal any other powers granted under
state statutes.
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Notes referencing publications of the Federal Emergency Management
Agency refer to the most recent edition of those publications, are
intended only as guidance and do not bind or alter the authority of
the Floodplain Administrator to interpret and apply these provisions.
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A.
The degree of flood protection required by this chapter 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
provisions 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 provisions shall not create liability on the part of Harford
County, any agent, 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 provisions
or any administrative decision lawfully made hereunder.
Should any section or provision of this chapter be declared
by the courts to be unconstitutional or invalid, such decision shall
not affect the validity of the provisions 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 provisions shall be interpreted to have the meaning they have
in common usage and to give these provisions 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:
For the purpose of these provisions, 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-percent annual chance or greater of flooding to an average depth
of 1 to 3 feet where a clearly defined channel does not exist, where
the path of flooding is unpredictable and where velocity flow may
be evident; such flooding is characterized by ponding or sheet flow.
The building to which an addition is being added. This term
is used in provisions relating to additions.
The flood having a 1% chance of being equaled or exceeded
in any given year; the base flood also is referred to as the 1-percent
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 4 feet if the depth
number is not specified.
Any area of the building having its floor subgrade (below
ground level) on all sides.
The effective Maryland Building Performance Standards (COMAR
05.02.07), including the Building Code, Residential Code and Existing
Building Code.
The official form used by Harford County certifying that
the structure has been built consistent with approved plans, meets
Code requirements and may be legally inhabited or used for the intended
purposes.
An area within a special flood hazard area, landward of a
coastal high hazard area (V Zone) or landward of a shoreline without
a mapped coastal high hazard area, in which the principal source(s)
of flooding are astronomical tides and storm surges, and in which,
during base flood conditions, the potential exists for breaking waves
with heights greater than or equal to 1.5 feet. The inland limit of
the Coastal A Zone may be delineated on FIRMs as the limit of moderate
wave action (LIMWA).
An area of special flood hazard extending from offshore to
the inland limit of a primary frontal dune along an open coast and
any other area subject to high velocity wave action from storms. Coastal
high hazard areas also are referred to as "V Zones" and are designated
on FIRMs as Zones VE or V1-30.
A political subdivision of the State of Maryland (county,
city or town) that has authority to adopt and enforce floodplain management
regulations within its jurisdictional boundaries.
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, Sec. 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 provisions, 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.
The Director of the Department of Planning and Zoning.
The Directors of Planning and Zoning, Public Works and Inspections,
licenses and permits.
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 http://www.fema.gov/library/viewrecord.do?id=1383.)
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 provisions. Also see "lowest floor."
The federal agency with the overall responsibility for administering
the National Flood Insurance Program.
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.")
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 (non-engineered) is an opening that is used
to meet the prescriptive requirement of 1 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 2 feet 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 designation for areas that are shown on Flood Insurance
Rate Maps:
Zone A: special flood hazard areas subject to inundation by
the 1-percent 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-percent annual chance (100-year) flood; base flood
elevations are determined; floodways may or may not be determined.
In areas subject to tidal flooding, the limit of moderate wave action
may or may not be delineated.
Zone AH and Zone AO: areas of shallow flooding, with flood depths
of 1 to 3 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-percent annual chance (500-year) flood; areas subject to the 1-percent
annual chance (100-year) flood with average depths of less than 1
foot or with contributing drainage area less than 1 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).
Zone VE and Zone V1-30: special flood hazard areas subject to
inundation by the 1-percent annual chance (100-year) flood and subject
to high velocity wave action (also see coastal high hazard area).
Any land area susceptible to being inundated by water from
any source (see definition of "flood" or "flooding").
FEMA form 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 Section 131-32B of these provisions. (NOTE: FEMA Form 086-0-34 is available online at http://www.fema.gov/library/viewrecord.do?id=1600.)
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."
A term that describes open foundations (pilings, columns
or piers) without attached elements or foundation components that
would obstruct the free passage of floodwaters and waves beneath structures
that are elevated on such foundations. (NOTE: See NFIP Technical Bulletin
#5, "Free-of-Obstruction Requirements.")
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 &
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.
Inland limit of the area affected by waves greater than 1.5
feet during the base flood. Base flood conditions between the VE Zone
and the LIMWA will be similar to, but less severe than, those in the
VE Zone.
The lowest floor of the lowest enclosed area (including basement)
of a 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.
§§ 4001-4129. 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 March 2, 1983, the initial effective date of
the Harford County Flood Insurance Rate Map, including any subsequent
improvements, alterations, modifications and additions to such structures.
See Maryland Department of the Environment.
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
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.
A building covered by a contract for flood insurance that
has incurred a flood-related damage on 2 separate occasions during
a 10-year period ending on the date of the event for which a second
claim is made, in which the cost of repairing the flood damage on
the average equals or exceeded 25% of the market value of the building
at the time of each such flood event.
The land in the floodplain subject to a one-percent 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 131-3.
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, over a 5 year period, the cumulative 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 repetitive loss or
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.
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[NOTE: See "Substantial Improvement/Substantial Damage Desk
Reference" (FEMA P-758).]
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A structure installed, used or erected for a period of less
than 180 days.
A public or private service owned and operated for the benefit
of the public, including but not limited to, gas lines, electrical
and telephone systems, sewer and water lines, sewage pumping stations,
electrical transmission lines and interstate pipelines.
A grant of relief from the strict application of one or more
requirements of this chapter.
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 provisions 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.
