A.
Designation of Floodplain Administration. The Director of Planning and Zoning 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 provisions 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 provisions. Administration of any part of these provisions by another entity shall not relieve the community of its responsibilities pursuant to the participation requirements of the National Flood Insurance Program as set forth in the Code of Federal Regulations (CFR) at 44 CFR § 59.22.
B.
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 this chapter have been met, or disapprove applications if the provisions of this chapter 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 provisions or to determine if non-compliance 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 Harford 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 this chapter, 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 provisions.
(11)
Enforce the provisions of this chapter, investigate violations, issue notices of violations or stop work orders and require permit holders to take corrective action.
(12)
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, with the concurrence of the Directors, 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 non-compliant 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 Harford 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 6 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.