Sec. 32-205. Development Regulations

Within the County floodplain, no development shall be permitted except as provided in Subsection (b) unless a waiver is obtained from the Department which permits such development.

Permitted Development. The following development shall be permitted:

Easements: All areas within the County floodplain shall be dedicated to public use or for use as a park, or as a floodplain or conservation easement, whichever is appropriate; the dedication or easement shall meet the County requirements for form and content and shall be recorded among the Land Records of the County. The easement requirement may be waived when, in the opinion of the Department, the waiver would not compromise any public or private interests including the rights of the landowners, safety, and environmental protection; would not conflict with any Federal, State or County laws; and the establishment of an easement would constitute an unreasonable hardship on the applicant. A waiver of an easement may be granted only if the Department finds that the applicant has demonstrated the following:

Obstructions: Fences and other matters or enclosures which may impede, retard, or change the direction of the flow of water, or that will catch or collect debris carried by such water, or that are placed where the natural flow of the stream or flood waters would carry such impediments downstream to the damage or detriment of either public or private property in or adjacent to the floodplain shall not be permitted without a waiver and permit as provided in this Division.

Minimize Floodplain Disturbance: All development shall be designed to minimize floodplain disturbance and shall conform to all other applicable codes, ordinances, regulations, flood management, watershed management plans and the requirements of the permit programs of all applicable Federal, State and local governments.

Lowest Floor and Setback Requirements: Any new or substantially improved residential or nonresidential structures, including manufactured homes, shall be located outside the floodplain and have the lowest floor and the surrounding ground elevated, by fill, to or above the flood protection elevation. Basements are not permitted. The elevation of the lowest floor shall be certified by a registered surveyor or professional engineer on the as-built plan or after the lowest floor is in place. All new structures in any subdivision shall be located outside the 1-percent annual chance (100-year) floodplain boundary. All residential structures shall be set back at least twenty-five (25) feet from the 1-percent annual chance (100-year) floodplain. For every activity in the floodplain, the conditions described below in subsections (g) and (h) below, and Section 32-206 of the County Code must be met.

Cut and Fill: If floodplain storage is reduced because of the project, an equal amount of compensatory storage within the floodplain shall be provided. A site grading plan prepared by a professional engineer, showing a balance of cut-and-fill, shall be submitted. The limits of the floodplain before and after development shall be clearly shown on the site plan.

Changes in Base Flood Elevation: A detailed floodplain analysis shall be conducted to indicate that the new floodplain can carry the discharge of the 1-percent annual chance (100-year) flood without increasing the water surface elevation at any point on other private or public property either upstream or downstream from or adjacent to the tract to be developed, unless such lands affected by an increase in water surface elevation are either acquired by the applicant or reserved through acquisition of suitable floodplain easements, provided such increases will not, in the determination of the Department, cause or aggravate damage to such properties and provided that the necessary waiver is granted. However, development shall not increase water surface elevation of the FEMA designated base flood more than one (1) foot at any point, unless the community first applies, then fulfills the requirements of a Conditional Letter of Map Revision (CLOMR). The floodplain analysis shall consider backwater conditions, ineffective flow areas, local obstructions and, where required by the Department partial or complete failure or obstruction of any culvert or enclosed storm drainage system. The new floodplain shall be designed to prevent detrimental erosion, overflow, or nuisance of any kind and shall ultimately discharge into a storm drain facility or a watercourse in accordance with County standards and procedures.

Computations and Notifications: All proposals to offset the effects of development in the floodplain by construction of stream modifications shall be documented by an engineering study prepared by a professional engineer who fully evaluates the effects of such construction. The report shall use the 1-percent annual chance (100-year) flood and floodplain data prepared by FEMA, if applicable, and other County-approved watershed and floodplain studies. For permits that result in changes to the FEMA floodplain, evidence shall be provided that all adjacent communities and the Maryland Department of the Environment have been notified by certified mail regarding the proposed modification, as required for processing of a State of Maryland Waterway Construction permit. Copies of these notifications shall then be forwarded to FEMA's Federal Insurance Administration. The applicant or developer must conduct a study to assure that the 1-percent annual chance (100-year) flood carrying capacity within the altered or relocated portion of the watercourse in question will be maintained. If the development involves stormwater management facilities, the owner shall execute a declaration of covenants for stormwater management maintenance with the County, which shall be recorded in the Land Records.