In the Floodway, the following regulations and restrictions apply. City Code, 1976/83, art. 7, §5(b)(intro) 2000, art. 7, §3-21 Ord. 88-188 Ord. 14-208

New construction of private principal structures, whether residential, commercial, or industrial, is prohibited. City Code, 1976/83, art. 7, §5(b)(1) 2000, art. 7, §3-22 Ord. 88-188 Ord. 92-134 Ord. 14-208 Ord. 14-307

Public infrastructure and environmental projects taking place on public land that aim to improve drainage and water quality are permitted in the floodway if: 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 & Science Administration, and the U.S. Army Corps of Engineers. City Code, 1976/83, art. 7, §5(b)(2) 2000, art. 7, §3-23 Ord. 88-188 Ord. 92-134 Ord. 11-516 Ord. 14-208 Ord. 21-020

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. City Code, 1976/83, art. 7, §5(b)(3)(1st and 2nd sens.) 2000, art. 7, §3-24 Ord. 88-188 Ord. 11-516 Ord. 14-208

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>. City Code, 1976/83, art. 7, §5(b)(3)(2nd par.) 2000, art. 7, §3-26 Ord. 88-188 Ord. 92-134 Ord. 11-516 Ord. 14-208 Ord. 21-020

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:no reasonable alternative exists outside of the Floodway; the encroachment in the Floodway is the minimum necessary; the development will withstand a base flood without significant damage; and 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:will not result in any increase in the base-flood elevation; and will neither increase downstream or upstream flooding or erosion nor significantly contribute to debris. City Code, 1976/83, art. 7, §5(b)(3)(3rd par.) and (3-a) 2000, art. 7, §3-27 Ord. 88-188 Ord. 92-134 Ord. 11-516 Ord. 14-208

An existing structure in the Floodway may be substantially improved only:by variance; if the structure can be brought into conformance with this Division I without increasing its existing footprint; and if all residential uses of the structure are provided egress outside of the base flood. Substantial improvement of a nonconforming structure, regardless of location, may only be undertaken in compliance with this Division I and any other applicable law. 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. Where replacement structures cannot be relocated, they must be limited to the footprint of the previous structure. Any replacement structure must meet all applicable requirements of this Division I. 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. City Code, 1976/83, art. 7, §5(b)(4) 2000, art. 7, §3-28 Ord. 88-188 Ord. 92-134 Ord. 14-208 This section, along with the rest of this Division I, was amended by Ordinance 14-208. Initially, however, the specific changes to this section were inadvertently omitted from the section’s codification here. The following text has since been corrected to incorporate all changes made by Ord. 14-208.

The placement of any manufactured homes or buildings is prohibited. The following may not be placed or caused to be placed in the Floodway:fences, except 2-rail or single-cable fences; and any enclosures or materials (including fill) that:might impede, retard, or change the direction of the flow of water; will catch or collect debris carried by water; or 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. City Code, 1976/83, art. 7, §5(b)(5), (6) 2000, art. 7, §3-29 Ord. 88-188 Ord. 14-208