Division I – Floodplain Management

“Accessory structure” means a detached structure:

<em>See </em>“new construction”.

“ASCE 24” means the most current of ASCE/SEI 24, “Flood Resistant Design and Construction” (American Society of Civil Engineers).

“Base flood” means a flood that has a 1% chance of being equaled or exceeded in any given year.

“Basement” means any area of the building, including any sunken room or sunken portion of a room, having its floor below ground level on all sides.

“Coastal A Zone” means 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 (LiWMA).

“Design flood”, as used in ASCE 24, is the greater of the following two flood events:

“Design-flood elevation”, as used in ASCE 24 for application to the City, means the elevation of the design flood, including wave height, relative to the datum specified on the flood hazard map.

<em>See </em>“floodproofing”.

“FEMA” means the Federal Emergency Management Agency.

<em>See</em> “Flood Insurance Rate Map”.

<em>See </em>“Flood Insurance Study”.

“Flood” means a general and temporary condition of partial or complete inundation of normally dry land areas from:

<em>See </em>“base-flood elevation”, “design-flood elevation”, and “flood-protection elevation”.

<em>See</em> “Regulated Flood Hazard Area” and “Special Flood Hazard Area”.

“Flood Insurance Rate Map” or “FIRM” means 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).

“Flood Insurance Study” or “FIS” means the official report in which the Federal Emergency Management Agency has provided flood profiles, floodway information, and water surface elevations.

“Flood-protection elevation” is:

“Floodplain” means any land area and watercourse susceptible to partial or complete inundation by water from any source, including::

“Floodplain District” means the District, and its constituent subdistricts, established under Subtitle 2 {“Floodplain District”} of <cite data-path="|7">this article</cite>.

“Flood Resilience Area” means the area described in <cite data-path="|7|§2-2|(g)">§ 2-2(g) {“Subdistricts: Flood Resilience Area”} of this article</cite>, and that:

“Historic structure” means a structure that is:

“Limit of Moderate Wave Action (LiMWA)” means the 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.

“Limited storage” means storage that is incidental to the primary use of the principal structure and consists of low-damage items that cannot be conveniently stored above the flood-protection elevation.

Any structure that is used or intended for use for a mixture of nonresidential and residential uses in the same structure.

Structures include additions and improvements and the placement of manufactured homes, for which the start of construction commenced on or after March 15, 1978, the initial effective date of the City of Baltimore Flood Insurance Rate Map, including any subsequent improvements, alterations, modifications, and additions to such structures.

“Nonconforming structure” means any lawfully existing structure that does not comply with the applicable floodplain regulations of the subdistrict in which it is located.

“Nonresidential structure” includes the nonresidential portion of a mixed-use structure.

“Planning Department” means the Baltimore City Department of Planning.

“Planning Director” means the Director of the Baltimore City Department of Planning or the Director’s designee.

“Regulated Flood Hazard Area” means:

“Residential structure” includes the residential portion of a mixed-use structure.

“Water &amp; Science Administration” means the Water &amp; Science Administration of the Maryland Department of the Environment.

“Wetland” means any land that is:

<em>See </em>“floodproofing”.

In interpreting and applying this Division I, the following rules of interpretation apply:

In their interpretation and application, the provisions of this Division I are to be:

It is, therefore, the intent of the Mayor and City Council by this Division I:

This Division I provides a unified comprehensive approach to floodplain management that addresses the requirements of the following Federal and State programs concerned with floodplain management:

The City must establish a Floodplain District and an official floodplain map to include all areas subject to inundation by floodwaters.

The Floodplain District is an overlay on any zoning district, as provided in the Zoning Code of Baltimore City.

The Floodway is that part of the Floodplain District that is reserved to convey a base-flood discharge so that the cumulative increase in the water surface elevation of the base-flood discharge is no more than the height designated by FEMA in the Flood Insurance Study.

<em>See </em><cite data-path="|7|§1-3|(c)">§ 1-3(c) {“Definitions: Flood Resilience Area”} of this Division I</cite>.

The minimum bases for establishing Regulated Flood Hazard Areas and their respective flood elevations are as follows:

To establish flood elevations for Regulated Flood Hazard Areas that do not have these elevations shown on the Flood Insurance Rate Map or in the Flood Insurance Study, the Floodplain Manager may:

The delineation of the Floodplain District and its subdistricts may be revised, amended, or modified by the City, in compliance with the requirements of the National Flood Insurance Program and the Maryland Department of the Environment, if:

As soon as practicable, but not later than 6 months after changes become known, the Planning Department must notify the Federal Insurance Administrator of the changes by submitting technical and scientific data in accordance with 44 Code of Federal Regulations, Part 65.

All changes are subject to the review and approval of the Federal Emergency Management Agency and the Maryland Department of the Environment.

If development is proposed in the vicinity of an unmapped stream that has no delineated base floodplain, a minimum of a 25-foot flood protection setback from the stream’s bank may be used.

State permits may be required. Applicants should request the State Water &amp; Science Administration for a determination of whether its permit requirements apply.

Variances may be applied for under Subtitle 5 {“Floodplain Variances”} of this Division I.

The Planning Department is responsible to ensure compliance with the National Flood Insurance Program.

The Planning Director is responsible for appointing staff to carry out the duties of the Floodplain Manager.

The Floodplain Manager is responsible for:

If a proposed structure or substantial improvement is sited in 2 different subdistricts or in a subdistrict with 2 different flood elevations, the most restrictive regulation or higher flood elevation prevails.

For the purpose of applying appropriate requirements, structures are classified according to ASCE 24, Table 1-1 {“Classification of Structures for flood Resistant Design and Construction”}.

The approval of any development must conform with the requirements of the permit programs of:

Building, Fire, and Related Codes. The approval of any development must conform with all applicable requirements of the <cite data-path="|building-codes">Baltimore City Building, Fire, and Related Codes Article</cite>.

Where flood control and watershed management plans exist, all development must be consistent with those plans.

Every proposed structure must be placed on the lot so as to avoid location in the floodplain as much as possible.

Basements are not permitted in new structures and substantial improvement of existing structures (including repair of substantial damage).

Enclosures below the flood-protection elevation shall be:

Any horizontal expansion that increases the footprint and that is less than substantial must also have the lowest floor elevated to at least the flood-protection elevation.

In tidal and nontidal floodplains, any horizontal expansion that increases the footprint and that is less than substantial must also have the lowest floor elevated to at least the flood-protection elevation.

If the construction, reconstruction, or modification of any structure constitutes less than a substantial improvement:

All construction and improvements must be:

Unless the structure is dry floodproofed to the flood-protection elevation, materials used below that elevation must be resistant to floodwater damage, as specified in:

Tanks must be designed and installed as specified in ASCE 24, § 7.4.1 {“Tanks”}.

For installation in any structure located in any floodplain subdistrict, elevators must be designed and installed:

Adequate ground cover must be provided for soil stabilization within the Floodplain District.

Land contours must be designed and plant material chosen to direct surface runoff away from structures and not increase surface runoff onto neighboring properties.

Except as otherwise provided in subsection (b) of this section, electric, plumbing, and mechanical systems and their attendant components and equipment, including heaters, furnaces, generators, heat pumps, air conditioners, distribution panels, toilets, showers, sinks, duct work, and other permanent electrical, plumbing, or mechanical installations, are only permitted at or above the flood-protection elevation.

The placement of more than 600 cubic yards of fill per acre in the floodplain is prohibited except by variance.

Fill may be used only to the extent to which it does not adversely affect adjacent properties.

Fill material must be compacted in accordance with the standard proctor test method issued by the American Society for Testing and Materials (ASTM Standard D-698) to provide the necessary stability and resistance to erosion, scouring, or settling.

Fill slopes may be no steeper than 1 vertical to 2 horizontal, unless substantiating data justifying steeper slopes are submitted to and approved by the Department of Public Works.

Accessory structures shall be limited to no more than 300 square feet in total floor area.

Accessory structures:

New construction and substantial improvements of fully enclosed areas below the lowest floor or below the flood-protection elevation:

The State may have different, more stringent requirements set forth in <cite data-doc="Code of Maryland Regulations" data-path="|26.17.03">COMAR 26.17.03</cite> {“Construction on Nontidal Waters and Floodplains”}.

Alteration of a watercourse may be permitted only upon submission, by the applicant, of the following:

In the entire Floodplain District, the design, placement, and construction of all public and private utilities and facilities must meet:

All new storm drainage facilities within or leading to or from the Floodplain District must be adequately designed, floodproofed, and installed to:

In this section, “recreational vehicle” means a vehicle that is:

All recreational vehicles in the Floodplain District must be:

In this section, “temporary structure” a structure erected, installed, and used for a period not to exceed 180 days.

In addition to the requirements of <cite data-path="|7|§4-2">§ 4-2 {“Development Permits: Applications”} of this Division I</cite>, an application for the placement or erection of a temporary structure or for the temporary storage of any goods, materials, or equipment must specify the duration of the temporary use.

The temporary structure:

Storage in a temporary structure may not include any hazardous materials.

This section applies to any property owner requesting mapping changes.

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.

A Letter of Map Amendment is 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.

A Letter of Map Revision is 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.

A Conditional Letter of Map Revision is a formal review and comment as to whether a proposed flood protection project or other project comply 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; on submission and approval of certified as-built documentation, a Letter of Map Revision may be issued by FEMA, to revise the effective FIRM.

If a proposed development is contingent upon a map change, no permits will be issued for the development until the Letter of Map Revision (LOMR) has been issued by FEMA. The proposed development must be compliant with all pertinent requirements of Division I of <cite data-path="|7">Article 7</cite>.

the development complies with all otherwise applicable requirements of this Division I;

the effect of that development on flood heights is fully offset by accompanying stream modification; and

the development is approved by all appropriate local authorities, the State Water &amp; Science Administration, and the U.S. Army Corps of Engineers.

Any proposal to offset the effect of development in the Floodway by construction of stream modifications must be documented by an engineering report, prepared by a licensed professional engineer, that fully evaluates the effects of the construction and is submitted with the application for a building permit.

As the basis of analysis, the report must use the base flood and floodway data prepared by the Federal Emergency Management Agency.

Before a permit may be issued for any allowed development in the Floodway, the applicant must prepare and submit to the Planning Department an alternative analysis in accordance with this section.

The alternative analysis must demonstrate that:

The modification, alteration, repair, reconstruction, or improvement of any nonconforming structure amounting to less than a substantial improvement must be elevated or floodproofed to the greatest extent possible.

Uses or their adjuncts that are or become nuisances may not be permitted to continue.

The placement of any manufactured homes or buildings is prohibited.

The following may not be placed or caused to be placed in the Floodway:

In the Approximated Floodplain (Zones A and AO), the following additional regulations apply.

In the enforcement of this Division I, the Planning Department must obtain, review, and reasonably use any base-flood elevation and floodway data available from Federal, State, or other sources, such as the U.S. Army Corps of Engineers, the Soil Conservation Service, the State Water &amp; Science Administration, or any regional planning organization.

When the base-flood elevation is not known, the Planning Department, in consultation with the State Water &amp; Science Administration, must evaluate each site and establish an approximate base-flood elevation.

In the Coastal High Hazard Area (Zones V and VE):

No land below the level of the base flood may be developed unless the new construction or substantial improvement:

No new development in the Coastal High Hazard Area may be permitted unless the applicant demonstrates that:

An existing nonconforming structure located on land below the level of the base flood may not be expanded, vertically, horizontally, or otherwise, unless:

The placement of manufactured homes or buildings is strictly prohibited.

For all new construction and every substantially improved structure in the Coastal High Hazard Area, the developer must submit and the Floodplain Manager must maintain on file an elevation certificate that certifies the elevation of the bottom of the lowest horizontal structural member of the lowest floor.

is required for all development in the Floodplain District; and

may be granted only after necessary permits from the State Water &amp; Science Administration and all other applicable Federal, State, and City agencies have been obtained and verified by the Planning Department.

The application for the permit must be submitted by the owner or authorized agent of the owner to the Building Official.

The application must contain, in addition to the information otherwise required by the Building Official for a building permit, the following information:

If substantial improvement to an existing structure is proposed, an appraisal must be submitted by a professional real estate appraiser of the fair market value of the existing structure, less land value.

All plans must be certified by a licensed professional engineer or professional architect and reviewed by the Department of General Services to assure that:

In addition, the developer must assure the City, in writing, that the flood-carrying capacity within the altered or relocated portion of the watercourse in question will be preserved.

If the Building Official determines that the work is not in compliance with the permit and all applicable laws or that there has been a false statement or misrepresentation by the applicant, the Building Official, on instruction from the Planning Department, may revoke the permit and report that fact to the State Water &amp; Science Administration.

An occupancy permit issued by the Building Official:

When applicable, a dry floodproofing certificate is also required prior to the approval of the occupancy permit.

A record of all permit actions in the Floodplain District, including all permits from applicable Federal, State, and City agencies, must be maintained by the Planning Department and must be made available on the request of the Federal Emergency Management Agency or the State Water &amp; Science Administration during periodic assessments of Baltimore City’s participation in the National Flood Insurance Program.

This record must include, at a minimum:

functionally dependent uses;

all necessary City utilities in the Floodway or the Coastal High Hazard Area; and

substantial improvements to an existing structure in the Floodway.

the placement of fill in the Floodway or the Coastal High Hazard Area unless approved by appropriate Federal and State agencies;

new construction of any principal structure in the Floodway or the Coastal High Hazard Area; or

manufactured homes or buildings within the Floodway and Coastal High Hazard Area.

The Floodplain Manager must:

In considering a variance application, the Planning Department must consider and make findings of fact on all evaluations, relevant factors, and requirements specified in this Division I, including:.

a showing of good and sufficient cause;

a determination that failure to grant the variance would result in exceptional hardship due to the physical characteristics of the property (for which determination, increased cost or inconvenience of meeting the requirements of this Division I does not constitute an “exceptional hardship”);

a determination that the granting of a variance for development within a designated floodway, or within a Special Flood Hazard Area with base-flood elevations but no designated floodway, will not result in increased flood heights beyond that which is allowed by this Division I;

a determination that the granting of a variance will not result in additional threats to public safety, extraordinary public expense, nuisances, fraud or victimization of the public, or conflict with existing local laws;

a determination that the structure or other development is protected by methods to minimize flood damage; and

a determination that the variance is the minimum necessary to afford relief, considering the flood hazard.

The application for a variance must be submitted to the Planning Department and, to the greatest extent possible, must comply with the provisions of this Division I.

maintained by the Planning Department;

included in the bi-annual report submitted to the Federal Insurance Administrator; and

available on request to the Federal Emergency Management Agency or its authorized agent during periodic assessments of Baltimore City’s participation in the National Flood Insurance Program.

The City may impose additional application fees commensurate with those costs incurred in the processing, review, and evaluation of permit applications for development in Floodplain District.

The costs covered by the fees may include:

No structure or other development may be located, erected, constructed, reconstructed, improved, repaired, extended, converted, enlarged, or altered except in full compliance with this Division I and all other applicable Federal, State, and City laws, rules, and regulations.

A structure or other development without the required design certifications, elevation certificates, or other evidence of compliance is presumed to be noncompliant with and in violation of this Division I until the required documentation is provided.

Any structure or other development that is located, erected, constructed, reconstructed, improved, repaired, extended, converted, enlarged, or altered in violation of this Division I or of any other applicable Federal, State, and City law, rule, or regulation is declared to be a public nuisance and abatable as such.

If the Floodplain Manager finds that any development or person has failed to comply with or otherwise has violated any provision of this Division I, any provision of a rule or regulation adopted under this Division I, or any term or condition of a permit issued under this Division I, the Floodplain Manager may issue a violation notice and, for ongoing activities, a stop work order to:

The violation notice must be served:

The violation notice must:

If a violation is not promptly discontinued or abated, or if the violation notice or order is not complied with promptly, the Floodplain Manager may institute or cause to be instituted any appropriate legal proceeding.

Enforcement proceedings may include:

In pursuing a violation, the Floodplain Manager may use any 1 or more available remedies or enforcement actions. The initiation of any 1 remedy or enforcement action does not preclude pursuing any other remedy or enforcement action authorized by law. Neither damages, irreparable injury, nor the lack of an adequate remedy at law is a prerequisite to enforcement in equity.

Any person aggrieved by the action of the Floodplain Manager or other official charged with the enforcement of this Division I, whether as the result of the disapproval of an application, the issuance of a violation notice, an alleged failure to properly enforce this Division I, or otherwise:

The appeal must:

Hearings may be conducted by:

The Director may delegate to a hearing officer the authority to issue:

Except as otherwise provided by law or by rule or regulation of the Planning Director, all hearings must be:

Except as otherwise provided by this section or by rule or regulation of the Planning Director, formal rules of evidence and trial procedures do not apply.

On a genuine issue of fact, a party is entitled to:

The Planning Director or hearing officer:

A final decision must:

A copy of the final decision must be mailed or delivered to each party or that party’s attorney of record.

An applicant who is aggrieved by the final site plan decision of the Director of Planning may appeal that decision to the Planning Commission.

Appeals must be filed within 30 days of the Planning Director’s final decision, as specified in <cite data-path="|7|§8-5">§ 8-5 {“Administrative review- Final decisions”} of this subtitle</cite>.

The Planning Commission must review the Director’s decision at a public hearing held within 45 days of receiving the appeal.

A party aggrieved by a final decision of the Planning Department under this subtitle may seek judicial review of that decision by petition to the Circuit Court for Baltimore City in accordance with the Maryland Rules of Procedure.

A party to the judicial review may appeal the court’s final judgment to the Court of Special Appeals in accordance with the Maryland Rules of Procedure.

Any person who violates or fails to comply with any provision of this Division I, any provision of a rule or regulation adopted under this Division I, or any term or condition of a permit issued under this Division I is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $500 for each violation.

Every day that a violation continues is a separate offense.

Proof that a violation exists on any date that follows the issuance of a violation notice constitutes prima facie evidence that the violation has continued throughout the intervening period of time.

The imposition of a fine or penalty for a violation or noncompliance does not excuse the violation or noncompliance nor permit it to continue.

All offenders are required to correct or remedy the violation or noncompliance within a reasonable time.