In the entire Floodplain District, the following regulations and restrictions apply.
City Code, 1976/83, art. 7, §5(a)(intro)
2000, art. 7, §3-2
Ord. 88-188
Ord. 14-208
The approval of any development must conform with the requirements of the permit programs of:the State Water & Science Administration; and
all other applicable Federal, State, and City agencies.
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.
City Code, 1976/83, art. 7, §5(a)(1), (2)
2000, art. 7, §3-3
Ord. 88-188
Ord. 11-516
Ord. 14-208
Ord. 21-020
Every new or substantially improved residential structure, including a manufactured home, must have its lowest floor elevated to at least the flood-protection elevation.
The elevation of the lowest floor and the lowest elevation of machinery serving the structure must be certified on an elevation certificate after the lowest floor and machinery are in place.
Every new or substantially improved residential structure must meet the requirements of <cite data-path="|7|§3-14">§ 3-14 {“Enclosures below lowest floor or flood-protection elevation”} of this subtitle</cite>.
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:used solely for parking of vehicles, limited storage and building access;
constructed using flood damage-resistant materials; and
provided with flood openings that meet the criteria listed under <cite data-path="|7|§1-3|(a)">§ 1-3(a) {“Definitions: Floodproofing”} of this Division I</cite>.
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.
City Code, 1976/83, art. 7, §5(a)(3)
2000, art. 7, §3-4
Ord. 92-134
Ord. 11-516
Ord. 14-208
Ord. 21-020
Every new or substantially improved nonresidential structure must be either:elevated to at least the flood-protection elevation; or
dry or wet floodproofed.
Basements are prohibited for any new nonresidential structure in the tidal and nontidal floodplains.
Every new or substantially improved nonresidential structure must meet the requirements of <cite data-path="|7|§3-14">§ 3-14 {“Enclosures below lowest floor or flood-protection elevation”} of this subtitle</cite>.
The elevation of the lowest floor of the improvement must be certified on an elevation certificate after the lowest floor is in place.
In mixed-use structures, areas below the flood-protection elevation may not be used for residential use even if the area is floodproofed.
Floodproofing designs for existing structures must ensure that areas below the flood- protection elevation are watertight with walls substantially impermeable to the passage of water and with structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy, as described in <cite data-path="|7|§1-3|(a)">§ 1-3(a) {“Definitions: Floodproofing”} of this Division I</cite>.
If the floodproofing option is chosen, a floodproofing certificate must be completed by a licensed professional engineer or professional architect who has reviewed the design and specifications and certifies that the nonresidential structure will meet this standard. A Use and Occupancy permit cannot be approved until the floodproofing certificate is submitted.
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.
City Code, 1976/83, art. 7, §5(a)(3-a)
2000, art. 7, §3-5
Ord. 92-134
Ord. 11-516
Ord. 14-208
Ord. 21-020
If the construction, reconstruction, or modification of any structure constitutes less than a substantial improvement:the installation of any electric, plumbing, or mechanical systems must comply with <cite data-path="|7|§3-10">§ 3-10 {“Electric, plumbing, and mechanical systems”} of this subtitle</cite>; and
those parts of the improvement below the flood-protection elevation must:be floodproofed; and
otherwise comply with the design and construction standards of ASCE 24.
Routine maintenance, repairs, and the in-kind replacement of mechanical, electrical, and plumbing systems are exempt from the requirements of this section.
For in-kind replacement, the systems must be elevated to the maximum extent possible to avoid or minimize flood damage.
City Code, 1976/83, art. 7, §5(a)(4)
2000, art. 7, §3-6
Ord. 88-188
Ord. 11-516
Ord. 14-208
All development must be undertaken in a manner that minimizes adverse impacts on aquatic and terrestrial habitat and their related flora and fauna.
City Code, 1976/83, art. 7, §5(a)(6)
2000, art. 7, §3-7
Ord. 88-188
Ord. 14-208
All construction and improvements must be:designed, constructed, connected, and anchored to prevent flotation, collapse, or lateral movement of the structure, in accordance with the standards for new construction and substantial improvements specified in ASCE 24, § 1.5.1 {“General”};
constructed and placed on the lot so as to offer the minimum obstruction to the flow and height of floodwaters;
constructed with material and utility equipment resistant to flood damage; and
constructed by methods and practices that minimize flood damage.
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:FEMA Technical Bulletin 2, “Flood Damage-Resistant Materials Requirements for Buildings Located in Special Flood Hazard Areas in accordance with the National Flood Insurance Program”; and
ASCE 24, § 5.0 {“Materials”}.
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:as specified in ASCE 24, § 7.5 {“Elevators”}; and
as specified in FEMA Technical Bulletin 4: Technical Bulletin 4, Elevators in Buildings Located in Special Flood Hazard Areas.
City Code, 1976/83, art. 7, §5(a)(7)
2000, art. 7, §3-8
Ord. 88-188
Ord. 14-208
Ord. 21-020
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.
City Code, 1976/83, art. 7, §5(a)(8)
2000, art. 7, §3-9
Ord. 88-188
Ord. 14-208
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.
Subsection (a) of this section does not apply to a system that is designed and installed, in accordance with ASCE 24, to prevent water from entering or accumulating within its components and to resist hydrostatic and hydrodynamic loads and stresses, including the effects of buoyancy, during the occurrence of flooding to the flood-protection elevation.
In addition, electrical wiring systems for 1- and 2-family dwellings must conform to the requirements of the Baltimore City <cite data-path="|building-codes|X">Residential Code</cite> for One- and Two-Family Dwellings, Part VIII {“Electrical”}, for wet locations.
Subsection (a) of this section does not apply to routine maintenance, repairs, and the in-kind replacement of mechanical, electrical and plumbing systems in less than substantial improvement projects.
City Code, 1976/83, art. 7, §5(a)(9), (10)
2000, art. 7, §3-10
Ord. 88-188
Ord. 11-516
Ord. 14-208
Ord. 21-020
Materials and products that are buoyant, flammable, or explosive, or that in times of flooding could be injurious to human, animal, or plant life may not be stored below the flood-protection elevation.
City Code, 1976/83, art. 7, §5(a)(11)
2000, art. 7, §3-11
Ord. 88-188
Ord. 11-516
Ord. 14-208
Ord. 21-020
In the Coastal High Hazard Area:fill is prohibited for structural support; but
placement of nonstructural fill is allowed to the extent provided in this section and in ASCE 24, § 4.5.4 {“Use of Fill”}.
In the Coastal Floodplain:fill material must meet the requirements of this section; and
structural fill must comply with all applicable provisions of ASCE 24.
The placement of more than 600 cubic yards of fill per acre in the floodplain is prohibited except by variance.
Elevating a structure by other methods must be considered unless 600 cubic yards or less of fill are required.
An applicant must demonstrate that:fill is the only alternative to raising the structure to at least the flood- protection elevation; and
the amount of fill used will not affect the flood storage capacity or increase flooding onto neighboring properties.
Fill may be used only to the extent to which it does not adversely affect adjacent properties.
Fill may consist of soil or rock materials only.
Landfills, dumps, and sanitary soil fills are not permitted.
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.
If structures on adjacent properties are known or determined to be subject to flooding under current conditions, the Floodplain Manager may require submission of hydrologic and hydraulic analyses to adequately demonstrate the effects of the proposed fill.
A hydrologic and hydraulic analysis requirement does not apply to projects located in the Coastal Floodplain or tidal portion of the Flood Resilience Area.
City Code, 1976/83, art. 7, §5(a)(12)
2000, art. 7, §3-12
Ord. 88-188
Ord. 92-134
Ord. 14-208
Ord. 21-020
Accessory structures shall be limited to no more than 300 square feet in total floor area.
Accessory structures:shall comply with the elevation requirements and other requirements of <cite data-path="|7|§3-14">§ 3-14 {“Enclosures below the first floor or flood-protection elevation”} of this subtitle</cite>; or
shall:be useable only for parking of vehicles or limited storage;
be constructed with flood damage-resistant materials below the flood-protection elevation;
be constructed and placed to offer the minimum resistance to the flow of floodwaters;
be anchored to prevent flotation;
have electrical service and mechanical equipment elevated to or above the flood-protection elevation; and
have flood openings that meet the criteria described in <cite data-path="|7|§1-3|(a)">§ 1-3(a) {“Definitions: Floodproofing”} of this Division I</cite>.
City Code, 1976/83, art. 7, §5(a)(14)
2000, art. 7, §3-13
Ord. 88-188
Ord. 92-134
Ord. 11-516
Ord. 14-208
Ord. 21-020
New construction and substantial improvements of fully enclosed areas below the lowest floor or below the flood-protection elevation:are limited to floodproofed areas usable solely for parking vehicles, limited storage, and building access, as specified in §§ 1-3(a) {“Definitions: Floodproofing”}, § 3-4 {“Residential structures”}, and 3-5 {“Non-residential and mixed-used structures”} of this Division I; or
must be designed to meet or exceed the minimum criteria described in <cite data-path="|7|§1-3|(a)">§ 1-3(a) {“Definitions: Floodproofing”} of this Division I</cite> for dry floodproofing and wet floodproofing.
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”}.
City Code, 1976/83, art. 7, §5(a)(14)
2000, art. 7, §3-14
Ord. 88-188
Ord. 92-134
Ord. 04-672
Ord. 11-516
Ord. 14-208
Ord. 21-020
For any proposed development that involves alteration of a watercourse, unless waived by MDE, the applicant shall develop hydrologic and hydraulic engineering analyses and technical data reflecting such changes, and submit such technical data to the Floodplain Administrator and to FEMA. The analyses shall be prepared by a licensed professional engineer in a format required by MDE and by FEMA for a Conditional Letter of Map Revision and a Letter of Map Revision upon completion of the project.
Submittal requirements and fees shall be the responsibility of the applicant.
Alteration of a watercourse may be permitted only upon submission, by the applicant, of the following:a description of the extent to which the watercourse will be altered or relocated;
a certification by a licensed professional engineer that the flood-carrying capacity of the watercourse will not be diminished;
evidence that adjacent communities, the U.S. Army Corps of Engineers, and MDE have been notified of the proposal, and evidence that the notifications have been submitted to FEMA; and
evidence that the applicant shall be responsible for providing the necessary maintenance for the altered or relocated portion of the watercourse so that the flood carrying capacity will not be diminished.
The Floodplain Administrator may require the applicant to enter into an agreement with the Mayor and City Council specifying the maintenance responsibilities.
If an agreement is required, the permit shall be conditioned to require that the agreement be recorded on the deed of the property which shall be binding on future owners.
City Code, 1976/83, art. 7, §5(a)(15-a)
2000, art. 7, §3-15
Ord. 92-134
Ord. 11-516
Ord. 14-208
Ord. 21-020
A minimum 25-foot flood protection setback must be maintained from the edge of the banks of any watercourse delineated on the floodplain map or FIRM as having a floodplain.
To prevent erosion, natural vegetation must be maintained in this area.
Where natural vegetation does not exist along the water course and conditions for replanting are suitable, high priority must be given to planting trees in the setback area to stabilize banks and to enhance aquatic resources.
A minimum 25-foot flood-protection setback must be maintained from the top of the bank of any stream that has no designated floodplain.
Natural vegetation must be maintained and, if needed, trees planted.
City Code, 1976/83, art. 7, §5(a)(15-b)
2000, art. 7, §3-16
Ord. 92-134
Ord. 14-208
Ord. 21-020
In the entire Floodplain District, the design, placement, and construction of all public and private utilities and facilities must meet:the requirements of this section; and
all applicable requirements of ASCE 24.
New or replacement water supply systems, on-site disposal systems, or sanitary sewage systems must be designed and floodproofed:to eliminate or minimize infiltration of floodwaters into the systems and discharges from the systems into floodwaters; and
to avoid impairment during flooding and minimize flood damage.
All gas, electrical, and other facility and utility systems must be located, constructed, and floodproofed to eliminate or minimize flood damage.
All pipes connected to sewage systems must be sealed to prevent leakage.
Cesspools and seepage pits are prohibited.
Septic tanks are permitted if they are securely anchored to resist buoyant forces during inundation.
All new storm drainage facilities within or leading to or from the Floodplain District must be adequately designed, floodproofed, and installed to:eliminate or minimize property damage resulting from the floodwaters of a base flood; and
minimize adverse environmental impacts of their installation and use.
City Code, 1976/83, art. 7, §5(a)(16)
2000, art. 7, §3-17
Ord. 88-188
Ord. 92-134
Ord. 11-516
Ord. 14-208
New development is not permitted within a nontidal AE Zone that is without a designated floodway, unless it is demonstrated that the cumulative effect of all past and projected development will not increase the base-flood elevation by more than 1 foot.
City Code, 2000, art. 7, §3-19
Ord. 11-516
Ord. 14-208
In this section, “recreational vehicle” means 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 to be 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.
All recreational vehicles in the Floodplain District must be:elevated and anchored as required by applicable State and Federal laws; or
fully licensed and highway ready.
City Code, 2000, art. 7, §3-20
Ord. 11-516
Ord. 14-208
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:must be designed and constructed to prevent flotation, collapse, or lateral movement resulting from hydrodynamic loads and hydrostatic loads during conditions of a base flood;
must have electric service installed in compliance with the Baltimore City <cite data-path="|building-codes|III">electric code</cite>;
must comply with all other requirements of the applicable State and City permit authorities; and
if in a Floodway, all necessary Federal and State permits must be obtained.
Storage in a temporary structure may not include any hazardous materials.
Ord. 14-208
Ord. 21-020
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>.
Ord. 21-020