In this Division I, the following terms have the meanings indicated. Ord. 14-208

“Accessory structure” means a detached structure:that is usable solely for parking vehicles or limited storage; that is on the same parcel of property as the principal structure; that is no larger than 300 square feet and 1 story; and the use of which is incidental to the use of the principal structure. See “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. “Base-flood elevation” means the elevation of surface water resulting from a flood that has a 1% chance of equaling or exceeding that level in any given year. In areas of shallow flooding, “base-flood elevation” means the highest natural elevation of the ground surface, prior to construction, that is adjacent to the proposed foundation of a structure; plus:the depth number specified in feet on the Flood Insurance Rate Map; or if the depth number is not specified, 4 feet. “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:area within a floodplain subject to a 1% or greater chance of flooding in any year as identified on the Flood Insurance Rate Map as a Special Flood Hazard Area; or area designated as a flood hazard area on a community’s flood hazard map or otherwise legally designated. “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. “Development” means:any man-made change to improved or unimproved real estate; or the subdivision of land. “Development” includes any construction, reconstruction, modification, extension, or expansion of structures, placement of fill or concrete, construction of new or replacement infrastructure, temporary development, placement of manufactured homes or buildings, dumping, mining, dredging, grading, paving, drilling operations, storage of equipment, vehicles, materials, or products, land excavation, land clearing, land improvement, land fill operation, or any combination of these. See “floodproofing”. “Elevation Certificate” means a certification, in the form and containing the information required by the Federal Emergency Management Agency, of the elevations of a structure and its improvements. An Elevation Certificate may only be prepared and certified by a licensed land surveyor or professional engineer, using Mean Sea Level as established by the North American Vertical Datum of 1988 (“NAVD”). “Fair market value” means the price at which the improvement portion of the property will change hands between a willing buyer and a willing seller, neither of which is under compulsion to buy or sell and both of which have reasonable knowledge of relevant facts. For purpose of this Division I, the fair market value of a structure is determined by:a licensed real estate appraiser; or the most recent, fully phased-in assessed value of the structure, as determined by the Maryland Department of Assessments and Taxation. “FEMA” means the Federal Emergency Management Agency. See “Flood Insurance Rate Map”. See “Flood Insurance Study”. “Flood” means a general and temporary condition of partial or complete inundation of normally dry land areas from:the overflow of inland or tidal waters; or the unusual and rapid accumulation or runoff of surface waters from any source. See also “base flood” and “design flood”. See “base-flood elevation”, “design-flood elevation”, and “flood-protection elevation”. See “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:the base flood elevation plus 2 feet of freeboard in the non-tidal floodplain; and the modeled elevation of the 0.2% chance of flood plus 2 feet of freeboard in the tidal floodplain as listed on the Flood Insurance Study (Table 4). “Floodplain” means any land area and watercourse susceptible to partial or complete inundation by water from any source, including::a relatively flat or low land area adjoining a river, stream, or watercourse that is subject to partial or complete inundation; an area subject to the unusual and rapid accumulation or runoff of surface waters from any source; or an area subject to tidal surge or extreme tides. “Floodplain District” means the District, and its constituent subdistricts, established under Subtitle 2 {“Floodplain District”} of <cite data-path="|7">this article</cite>. City Code, 1976/83, art. 7, §3 2000, art. 7 §1-1(part) Ord. 88-188 Ord. 92-134 Ord. 11-516 Ord. 14-208 Ord. 21-020

“Floodproofing” means any combination of structural and nonstructural additions, changes, or adjustments to buildings or structures that reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, {and} 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. For purposes of this Division I, the two methods of floodproofing are as follows:“Dry floodproofing”, which is a combination of measures that results in a structure, including the attendant utilities and equipment, being watertight with all elements substantially impermeable and with structural components having the capacity to resist flood loads, as specified in ASCE 24; and “Wet floodproofing”, which is the floodproofing method that, as specified in the following FEMA Technical Bulletins and on ASCE 24, relies on flood-damage-resistant materials and construction techniques in areas of a structure that are below the flood-protection elevation required by this standard by intentionally allowing those areas to flood :FEMA Technical Bulletin 2 {“Flood Damage-Resistant Material Requirements for Buildings Located in Special Flood Hazard Areas in accordance with the National Flood Insurance Program”}; and FEMA Technical Bulletin 7 {“Wet Floodproofing Requirements for Structures Located in Special Flood Hazard Areas in accordance with the National Flood Insurance Program”}. “Floodproofing Certificate” means the FEMA Form 086-0-34 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 <cite data-path="|7|§3-14">§ 3-14 of this article</cite>. A floodproofing certificate may only be prepared and certified by a licensed professional engineer or professional architect. “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:appears on the Flood Insurance Rate Map as Shaded Zone X; and includes all areas subject to the 0.2% annual chance flood. “Floodway” means the channel of a river or other watercourse and the adjacent land areas that must be reserved to pass the base-flood discharge so 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.” An area shown on a FIRM as a “designated floodway” is considered an area with “high velocity flow”, as that term is used in ASCE 24, § 1.2 {“Definitions”}. “Freeboard” is a factor of safety expressed in feet above the:height of the 0.2% annual chance of flood in the tidal floodplain; or base flood elevation in the non-tidal floodplain. The freeboard in Baltimore City is 2 feet. “Functionally dependent use” means, except as otherwise provided in this subsection, any of the following uses that cannot perform their intended purposes unless located or carried out in close proximity to water:docking facilities that are necessary for the loading and unloading of cargo or passengers; and ship building and ship repair facilities. “Functionally dependent use” does not include long-term storage or related manufacturing facilities. “Historic structure” means a structure that is:individually listed in the National Register of Historic Places or certified or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing in the Register; individually listed in the Maryland Register of Historic Properties; individually listed in the Baltimore City Landmark List; or certified or preliminarily determined by the Secretary of the Interior as contributing to the historic significance of an historic district registered with the Secretary. “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. “Lowest floor” means, except as otherwise provided in this subsection: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; and the lowest floor of a manufactured home is the bottom of the lowest horizontal supporting member (longitudinal chassis frame beam). “Lowest floor” does not include any unfinished or flood-resistant enclosure that is usable solely for parking vehicles, building access, or limited storage, as long as the enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of the Federal Emergency Management Agency, National Flood Insurance Program. “Manufactured home or building” means a structure, transportable in 1 or more sections, that is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes,“manufactured home or building” includes any park trailer, travel trailer, and other similar vehicle placed on a site for more than 180 consecutive days. 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.“New construction” does not include any structure for which the building permit was issued before March 15, 1978, and the actual start of construction was within 180 days of the permit date. As used in paragraph (1) of this subsection, “actual start of construction” 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. As used in paragraph (2) of this subsection, “permanent construction” does not include:land preparation, such as clearing, grading, and filling; the installation of streets and walkways; excavation for basements, footings, piers, or foundations; the erection of temporary forms; or the installation on the property of accessory 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:any Flood Resilience Area; and any Special Flood Hazard Area. “Residential structure” includes the residential portion of a mixed-use structure. “Special Flood Hazard Area” means the land in a floodplain subject to a 1% or greater chance of flooding in any given year. Special Flood Hazard Areas are designated by the Federal Emergency Management Agency in the Flood Insurance Study and on the Flood Insurance Rate Map as Zones A, AE, AH, AO, A1-30, and A99, and ZonesV1-30 and VE. “Structure” means any building or other structure, specifically, a walled and roofed building. “Structure” includes a gas or liquid storage tank that is principally above ground, as well as a manufactured home. “Subdivision” means the division or redivision by any means of a lot, tract, or parcel of land into 2 or more lots, tracts, parcels, or other divisions of land. “Subdivision” includes a change in existing lot lines for the purpose, whether immediate or future, of lease, transfer of ownership, building, or lot development. “Substantial damage” means damage of any origin sustained by a structure where the cost of restoring the structure to its before-damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred. The calculation of these costs must comply with FEMA P-758 {“Substantial Improvement / Substantial Damage Desk Reference”}. See also § 1-2(x){“Definitions: Substantial improvement”} of this subtitle. “Substantial improvement” means, except as otherwise provided in this subsection, any combination of repairs, reconstruction, rehabilitation, additions, or other improvements to a structure made during the 6-year period immediately preceding a permit application, the aggregate cost of which, together with the cost of the work proposed by the latest permit application, equals or exceeds 50% of the fair market value of the structure before the improvement is started. The calculation of these costs must comply with FEMA P-758 {“Substantial Improvement / Substantial Damage Desk Reference”}. For purposes of this definition, “substantial improvement” is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the structure commences, whether or not that alteration affects the external dimensions of the structure. “Substantial improvement” includes improvements to a structure that has been substantially damaged, regardless of the actual repair work done. “Substantial improvement” does not include either:an improvement of a structure that is required by a condemnation or violation notice, order, or citation to secure safe living conditions in compliance with State or City health, sanitary, or safety code specifications; or an alteration of an historic structure if the alteration will preclude the structure’s continued designation as an historic structure as approved by the Executive Director of the Historic and Architectural Preservation. “Water & Science Administration” means the Water & Science Administration of the Maryland Department of the Environment. “Wetland” means any land that is:considered a “private wetland” or a “State wetland” under Title 9 {”Wetlands and Riparian Rights”} of the State Natural Resources Article; or defined as a “wetland” by the U.S. Fish and Wildlife Service Identification and Classification Procedures. See “floodproofing”. City Code, 1976/83, art. 7, §3 2000, art. 7 §1-1(part) Ord. 88-188 Ord. 92-134 Ord. 11-516 Ord. 14-208 Ord. 14-283 Ord. 16-503 Ord. 21-020

In interpreting and applying this Division I, the following rules of interpretation apply:those contained in Subtitles 2 and 3 of the City Code’s <cite data-path="|general">General Provisions Article</cite>; and any additional rules contained in this section. In their interpretation and application, the provisions of this Division I must be taken to be the minimum requirements for the promotion of the public health, safety, and general welfare. If any condition imposed by a provision of this Division I is either more or less restrictive than a comparable condition imposed by any other provision of this Division or by any other law, rule, or regulation of any kind, the condition that is the more restrictive governs. In their interpretation and application, the provisions of this Division I are to be:liberally construed in favor of proper flood hazard management and Baltimore City; and considered as neither repealing nor limiting any powers granted by State law. City Code, 1976/83, art. 7, §2 2000, art. 7, §1-3(a) Ord. 88-188 Ord. 14-208 Ord. 22-125

Certain areas of Baltimore City are subject to periodic inundation that results in loss of life and property, risks to health and safety, disruption of commerce and governmental services, and extraordinary public expenditures for flood protection and relief. Flood losses and associated losses are created by structures inappropriately located, inadequately elevated, or otherwise unprotected and vulnerable to floods or erosion or by development that increases flood or erosion damage to other lands or development. The biological values of floodplains, particularly tidal and non-tidal wetlands, can be adversely affected by floodplain development. Baltimore City has the responsibility under the Flood Hazard Management Act of 1976, Title 5, Subtitle 8 of the State Environment Article, to control floodplain development in order to protect persons and property from danger and destruction and to preserve the biological values and environmental quality of the watersheds or the portions of watersheds under its jurisdiction. Baltimore City has the responsibility under the National Flood Insurance Act of 1968 and the Flood Disaster Protection Act of 1973 to adopt and enforce floodplain management regulations that, at a minimum, meet the requirements of 44 Code of Federal Regulations Parts 55-77 et seq., in order to participate in the National Flood Insurance Program and remain eligible for federally subsidized flood insurance, federal disaster relief, and Federal and State financial assistance. Baltimore City contains densely developed tidal shorelines that are and will continue to be in high demand. The science behind climate change acknowledges that sea-level rise and coastal flooding will impact current and future development along the shoreline. Floodplain regulations are meant to protect people and property while making the City more resilient to the impacts from natural disasters and climate change. It is, therefore, the intent of the Mayor and City Council by this Division I:to protect human life and health; to minimize public and private property damage; to encourage the utilization of appropriate construction practices in order to prevent or minimize flood damage in the future; to protect individuals from unwittingly buying lands and structures that are unsuited for intended purposes because of the flood hazards; to protect water supply, sanitary sewage disposal, and natural drainage; to reduce financial burdens imposed on the community, its governmental units, and its residents by preventing the unwise design and construction of development in areas subject to flooding; to provide for public awareness of the flooding potential; and to provide for the biological and environmental quality of the watersheds or the portions of watershed located in Baltimore City. 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 National Flood Insurance Program and the President’s Executive Order 11988 of May 27, 1977, on floodplain management; the State Waterway Construction Permit Program; the State Wetlands Permit Program; the U.S. Army Corps of Engineers’ Section 10 and Section 404 Permit Programs; and the State Coastal Zone Management Program. The degree of flood protection required by these regulations 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 regulations do not imply that land outside of the special flood hazard areas or uses that are permitted within those areas will be free from flooding or flood damage. These regulations shall not create liability on the part of the City of Baltimore, any of its officers or employees, the Maryland Department of the Environment (MDE), or the Federal Emergency Management Agency (FEMA) for any flood damage that results from reliance on these regulations or any administrative decision lawfully made hereunder. City Code, 1976/83, art. 7, §2 2000, art. 7, §1-2 Ord. 88-188 Ord. 14-208 Ord. 21-020

This Division I may be cited as the “Baltimore City Floodplain Management Code”. City Code, 1976/83, art. 7, §1 2000, art. 7, §1-4 Ord. 88-188 Ord. 14-208