Part 3 – Floodway Regulations
Current through 2026-07-17. Source: City of Balt., Md., Ord. 26-129. Published by the Baltimore City Department of Legislative Reference.
Balt., Md., Code art. 7, § 3-23 (2026)
§ 3-23 In general.LinkCopy Citation
In the Floodway, the following regulations and restrictions apply.
History: Ord. 88-188
History: Ord. 14-208
Balt., Md., Code art. 7, § 3-24 (2026)
§ 3-24 New private principal structures prohibited.LinkCopy Citation
New construction of private principal structures, whether residential, commercial, or industrial, is prohibited.
History: Ord. 88-188
History: Ord. 92-134
History: Ord. 14-208
History: Ord. 14-307
Balt., Md., Code art. 7, § 3-25 (2026)
§ 3-25 All development requires offset.LinkCopy Citation
Public infrastructure and environmental projects taking place on public land that aim to improve drainage and water quality are permitted in the floodway if:
(1)
the development complies with all otherwise applicable requirements of this Division I;
(2)
the effect of that development on flood heights is fully offset by accompanying stream modification; and
(3)
the development is approved by all appropriate local authorities, the State Water & Science Administration, and the U.S. Army Corps of Engineers.
History: Ord. 88-188
History: Ord. 92-134
History: Ord. 11-516
History: Ord. 14-208
History: Ord. 21-020
Balt., Md., Code art. 7, § 3-26 (2026)
§ 3-26 Engineering report.LinkCopy Citation
(a)Report required.
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.
(b)Basis.
As the basis of analysis, the report must use the base flood and floodway data prepared by the Federal Emergency Management Agency.
History: Ord. 88-188
History: Ord. 11-516
History: Ord. 14-208
Balt., Md., Code art. 7, § 3-27 (2026)
§ 3-27 Map revision.LinkCopy Citation
Any development in the floodway that proposes to increase the water surface elevation or change the delineation of the floodway requires a Conditional Letter of Map Revision and a Letter of Map Revision as described in <cite data-path="|7|§3-21">§ 3-21 {“Letter of map change”} of this subtitle</cite>.
History: Ord. 88-188
History: Ord. 92-134
History: Ord. 11-516
History: Ord. 14-208
History: Ord. 21-020
Balt., Md., Code art. 7, § 3-28 (2026)
§ 3-28 Alternative analysis.LinkCopy Citation
(a)Required for permit.
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.
(b)Scope of analysis.
The alternative analysis must demonstrate that:
(1)
no reasonable alternative exists outside of the Floodway;
(2)
the encroachment in the Floodway is the minimum necessary;
(3)
the development will withstand a base flood without significant damage; and
(4)
on the basis of hydrologic and hydraulic analyses, prepared by a licensed professional engineer in accordance with the requirements of the Federal Emergency Management Agency and the Maryland Department of the Environment, the development:
(i)
will not result in any increase in the base-flood elevation; and
(ii)
will neither increase downstream or upstream flooding or erosion nor significantly contribute to debris.
History: Ord. 88-188
History: Ord. 92-134
History: Ord. 11-516
History: Ord. 14-208
Balt., Md., Code art. 7, § 3-29 (2026)
§ 3-29 Changes to existing structures.LinkCopy Citation
(a)Substantial improvements.
(1)
An existing structure in the Floodway may be substantially improved only:
(i)
by variance;
(ii)
if the structure can be brought into conformance with this Division I without increasing its existing footprint; and
(iii)
if all residential uses of the structure are provided egress outside of the base flood.
(2)
Substantial improvement of a nonconforming structure, regardless of location, may only be undertaken in compliance with this Division I and any other applicable law.
(b)Substantial damage or proposed replacement.
(1)
In the event of substantial damage or proposed replacement, the applicant must submit an alternative analysis to determine if the structure can be relocated to a less hazardous site.
(2)
Where replacement structures cannot be relocated, they must be limited to the footprint of the previous structure.
(3)
Any replacement structure must meet all applicable requirements of this Division I.
(c)Elevation or floodproofing.
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.
(d)Nuisance to be eliminated.
Uses or their adjuncts that are or become nuisances may not be permitted to continue.
History: Ord. 88-188
History: Ord. 92-134
History: Ord. 14-208
Balt., Md., Code art. 7, § 3-30 (2026)
§ 3-30 Prohibited structures.LinkCopy Citation
(a)Manufactured homes or buildings.
The placement of any manufactured homes or buildings is prohibited.
(b)Fences, enclosures, etc.
The following may not be placed or caused to be placed in the Floodway:
(1)
fences, except 2-rail or single-cable fences; and
(2)
any enclosures or materials (including fill) that:
(i)
might impede, retard, or change the direction of the flow of water;
(ii)
will catch or collect debris carried by water; or
(iii)
is placed where the natural flow of stream or floodwaters would carry enclosures or materials downstream to the damage or detriment of public or private property in or adjacent to the floodplain.
History: Ord. 88-188
History: Ord. 14-208
Balt., Md., Code art. 7, § 3-31 to 3-32 (2026)
§§ 3-31 to 3-32LinkCopy Citation
Reserved