# Sec. 32-202. General Provisions: Purpose, Scope, Application

Codified through Bill No. CB-018-2026, adopted May 12, 2026, effective July 24, 2026. Source: Municode, Supplement 2026 Update 2. Editorial notes and legislative history omitted.

## Sec. 32-202. General Provisions: Purpose, Scope, Application

Prince George's County, Md., Code § 32-202 (2026)

(a) General Provisions.

  (1) Findings. The Federal Emergency Management Agency has identified special flood hazard areas within the boundaries of Prince George's County, Maryland. Special flood hazard areas are subject to periodic inundation which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare. Structures that are inadequately elevated, improperly flood proofed, or otherwise unprotected from flood damage also contribute to flood losses.

    Prince George's County, Maryland, by resolution, agreed to meet the requirements of the National Flood Insurance Program and was accepted for participation in the program on August 4, 1972. As of August 4, 1972, also the initial effective date of the Prince George's County Flood Insurance Rate Map, all development and new construction, as defined herein, are to be compliant with these regulations.

  (2) Statutory Authorization. The Maryland General Assembly, in Md. Code Ann., Land Use Article, Title 4, has established as policy of the State that the orderly development and use of land and structures requires comprehensive regulation through the implementation of planning and zoning control, and that the planning and zoning controls shall be implemented by local government in order to, among other purposes, secure the public safety, promote health and general welfare, and promote the conservation of natural resources. Therefore, the County Council of Prince George's County does hereby adopt the following floodplain management regulations.

(b) Statement of Purpose. The purpose of this Division is to promote the public health, safety and general welfare, and to:

  (1) protect human life, and health and welfare;

  (2) minimize public and private property damage;

  (3) encourage the utilization of appropriate construction practices in order to prevent or minimize flood damage in the future;

  (4) protect potential purchasers from unwittingly buying lands and structures which are unsuited for certain purposes because of flood hazards;

  (5) minimize flooding of water supply and sanitary sewage disposal systems;

  (6) maintain natural drainage;

  (7) reduce financial burdens imposed on the community, its governmental units, and its residents by discouraging unwise design and construction of development in areas subject to flooding;

  (8) increase public awareness of potential flooding;

  (9) protect the biological and environmental quality of the watersheds or portions thereof located in Prince George's County, Maryland;

  (10) minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

  (11) minimize prolonged business interruptions;

  (12) minimize damage to public facilities and other utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges;

  (13) reinforce that those who build in and occupy special flood hazard areas should assume responsibility for their actions;

  (14) minimize the impact of development on adjacent properties within and near flood-prone areas;

  (15) provide that flood storage and conveyance functions of floodplains are maintained;

  (16) minimize the impact of development on the natural and beneficial functions of floodplains;

  (17) prevent floodplains uses that are either hazardous or environmentally incompatible;

  (18) meet community participation requirements of the National Flood Insurance Program as set forth in the Code of Federal Regulations (CFR) at 44 CFR Section 59.22; and

  (19) provide a unified comprehensive approach to floodplain management which addresses requirements of Federal and State programs concerned with floodplain management, including without limitations: the National Flood Insurance Program and the President's Executive Order 13690 of January 30, 2015, on floodplain management; the State Waterway Construction Permit Program, State Wetlands Permit Program, the U.S. Army Corps of Engineer's Section 10 and Section 404 permit programs; and the State Coastal Zone Management Program.

(c) Areas to Which These Regulations Apply. The provisions of this Division shall apply to all special flood hazard areas within the jurisdiction of Prince George's County, Maryland, except for that area of the County within the boundaries of the City of Laurel. The provisions of this Division shall not apply to Federal and state-owned properties.

(d) Basis for Establishing Special Flood Hazard Areas and Base Flood Elevations (BFEs).

  (1) For the purposes of these regulations, the minimum basis for establishing special flood hazard areas and base flood elevations is the Flood Insurance Study for Prince George's County, Maryland and Incorporated Areas (except within the boundaries of the City of Laurel) dated September 16, 2016, or the most recent revision thereof, and the accompanying Flood Insurance Rate Map(s) and all subsequent amendments and revisions to the FIRMs. The FIS and FIRMs are retained on file and available to the public at the Prince George's County website, libraries and government office(s).

  (2) Where field surveyed topography or digital topography indicates that ground elevations are below the closest applicable base flood elevation, even in areas not delineated as a special flood hazard on the FIRM, the area shall be considered as a special flood hazard area.

  (3) To establish base flood elevations in special flood hazard areas or floodways that do not have such elevations shown on the FIRM, the Floodplain Administrator or designee may provide the best available data for base flood elevations, may require the applicant to obtain available information from Federal, State, or other sources, or may require the applicant to establish special flood hazard areas and base flood elevations as set forth in these regulations.

(e) Abrogation and Greater Restrictions. These regulations are not intended to repeal or abrogate any existing regulations and ordinances, including subdivision regulations, zoning ordinances, building codes, or any existing easements, covenants, or deed restrictions. In the event of a conflict between these regulations and any other ordinance, the more restrictive shall govern.

(f) Interpretation. In the interpretation and application of these regulations, all provisions shall be:

  (1) Considered as minimum requirements;

  (2) Liberally construed in favor of the governing body; and

  (3) Deemed neither to limit nor repeal any other powers granted under the laws of Maryland.

(g) Warning and Disclaimer of Liability. 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 such areas will be free from flooding or flood damage. These regulations shall not create liability on the part of Prince George's County, any officer or employee thereof, 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.

(h) Severability. Should any section or provision of these regulations be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the regulations as a whole, or any part thereof other than the part so declared to be unconstitutional or invalid.
