A.
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.
B.
ACCESSORY STRUCTURE
AGREEMENT TO SUBMIT AN ELEVATION CERTIFICATE
ALTERATION OF A WATERCOURSE
AREA OF SHALLOW FLOODING
BASE BUILDING
BASE FLOOD
BASE FLOOD ELEVATION
BASEMENT
BUILDING CODE(S)
COMMUNITY
CRITICAL AND ESSENTIAL FACILITIES
DECLARATION OF LAND RESTRICTION (NONCONVERSION AGREEMENT)
DEVELOPMENT
ELEVATION CERTIFICATE
ENCLOSURE BELOW THE LOWEST FLOOR
FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)
FLOOD DAMAGE-RESISTANT MATERIALS
FLOOD INSURANCE RATE MAP (FIRM)
FLOOD INSURANCE STUDY (FIS)
FLOOD OPENING
FLOOD or FLOODING
FLOOD PROTECTION ELEVATION
FLOOD PROTECTION SETBACK
FLOOD ZONE
(1)
(2)
(3)
(4)
(5)
(6)
FLOODPLAIN
FLOODPROOFING CERTIFICATE
FLOODPROOFING or FLOODPROOFED
FLOODWAY
FUNCTIONALLY DEPENDENT USE
HIGHEST ADJACENT GRADE
HISTORIC STRUCTURE
(1)
(2)
(3)
(4)
HYDROLOGIC AND HYDRAULIC ENGINEERING ANALYSES
LETTER OF MAP CHANGE (LOMC)
(1)
(2)
(3)
LICENSED
LIMIT OF MODERATE WAVE ACTION (LiMWA)
LOWEST FLOOR
MANUFACTURED HOME
MARKET VALUE
MARYLAND DEPARTMENT OF THE ENVIRONMENT (MDE)
MIXED-USE STRUCTURE
NATIONAL FLOOD INSURANCE PROGRAM (NFIP)
NEW CONSTRUCTION
NFIP STATE COORDINATOR
NONTIDAL WATERS OF THE STATE
PERSON
RECREATIONAL VEHICLE
SPECIAL FLOOD HAZARD AREA (SFHA)
START OF CONSTRUCTION
STRUCTURE
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
(1)
(2)
TEMPORARY STRUCTURE
VARIANCE
VIOLATION
WATERCOURSE
WATERS OF THE STATE
(1)
(2)
(3)
(4)
(5)
As used in this chapter, the following terms shall have the meanings
indicated:
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, or 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 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 one-percent 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 one-percent annual chance (one-hundred-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.
The effective Maryland Building Performance Standards (COMAR
05.02.07), including the building code, residential code, and existing
building code.[1]
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 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 man-made 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 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 is 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 regulations. 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 No. 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 (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 No.
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 designation for areas that are shown on Flood Insurance
Rate Maps:
ZONE ASpecial flood hazard areas subject to inundation by the one-percent annual chance (one-hundred-year) flood; base flood elevations are not determined.
ZONE AE AND ZONE A1-30Special flood hazard areas subject to inundation by the one-percent annual chance (one-hundred-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 AOAreas 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-percent annual chance (five-hundred-year) flood; areas subject to the one-percent annual chance (one-hundred-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).
ZONE VE AND ZONE V1-30Special flood hazard areas subject to inundation by the one-percent annual chance (one-hundred-year) flood and subject to high velocity wave action.
Any land area susceptible to being inundated by water from
any source (see definition of "flood or flooding").
The 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 § 82-34B of these regulations. [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 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 United States 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;
Individually listed on the Maryland Register of Historic Places;
or
Individually listed on the inventory of historic places maintained
by the Town of Federalsburg whose historic preservation program has
been certified by the Maryland Historical Trust or the Secretary of
the Interior.
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.
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 United States 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 March 15, 1977, the initial effective date of
the Town of Federalsburg Flood Insurance Rate Map, 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
one-hundred-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 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 § 82-5.
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 an
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; or 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 one-hundred-year flood frequency.
