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<section number="32-209" name="Permit Requirements within the Floodplain" law="code" slug="sec-32-209" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_32WAREPRGRCO_DIV4FLOR_S32-209PEREWIFL">
  <level label="a">
    <text>A permit is required for all development (including, but not limited to, construction of and/or substantial improvements to buildings and structures, placement of manufactured homes or buildings, fill, temporary development, new or replacement infrastructure, or any combination thereof) in the floodplain. However, for a development associated with a watercourse having a drainage area of less than 50 acres, a detailed floodplain study may be waived, subject to the approval of the Department.</text>
  </level>
  <level label="b">
    <text>An application for a permit shall be submitted to the Department. The application shall be part of the application for a building or grading permit when such a permit is otherwise required for the proposed development.</text>
  </level>
  <level label="c">
    <text>The following additional information shall be required, where applicable:</text>
    <level label="1">
      <text>If the development includes any grading, new construction, or exterior modifications to existing structures, a site grading plan prepared by a professional engineer or architect showing: the size and location of the proposed development and any existing buildings or structures; the location, dimensions and elevation in mean sea level of the site in relation to the stream channel, shoreline and the floodplain; the elevations of the 1-percent annual chance (100-year) flood, the existing and proposed final grading and the lowest floor elevations of all structures; the method of elevating the proposed structure, including proposed fill, retaining walls, foundations, erosion protection measures; and such other information as may be required by the Department.</text>
    </level>
    <level label="2">
      <text>For substantial improvement to existing structures, a summary description of the proposed work and estimated cost.</text>
    </level>
    <level label="3">
      <text>New construction or substantial improvements of nonresidential structures within the floodplain shall be certified by a professional engineer or a licensed architect, through the execution of a Flood Proofing Certificate that states that the design and methods of construction meet the requirements of this section. A Flood Proofing Certificate shall be submitted with the construction drawings.</text>
    </level>
    <level label="4">
      <text>A plan showing the location of all existing and proposed public and private utilities, facilities, drainage structures and road access. If the 1-percent annual chance (100-year) flood elevation has been determined, it shall be delineated on the proposed plan. For all proposals associated with a watercourse having a drainage area of fifty (50) acres or more, the Department shall approve the 1-percent annual chance (100-year) flood elevation using floodplain models and the applicant shall delineate it on the proposed plan. Private consultant engineering studies and studies using the County's GIS-based floodplain models will be accepted by the Department. In addition, field survey information of structures, within the floodplain, as may be required by the County to complete the study, shall be supplied by the applicant. For all proposals associated with a watercourse having a drainage area of fifty (50) acres or less, the delineation of the 1-percent annual chance (100-year) flood may be excluded upon the approval of the Department. All plans shall be certified by a professional engineer.</text>
    </level>
  </level>
  <level label="d">
    <text>The application shall be reviewed by the Department to assure that:</text>
    <level label="1">
      <text>The proposed development is consistent with the construction and design requirements of this Division;</text>
    </level>
    <level label="2">
      <text>Adequate drainage is provided to reduce exposure to flood hazards;</text>
    </level>
    <level label="3">
      <text>The plans provide at least one access which will permit safe vehicular ingress and egress from the subdivision and/or new development during the 1-percent annual chance (100-year) flood;</text>
    </level>
    <level label="4">
      <text>Adequate measures have been taken to minimize any potential adverse environmental impacts of the proposed development; and</text>
    </level>
    <level label="5">
      <text>The development complies with the requirements of this Division and all other applicable codes and ordinances.</text>
    </level>
  </level>
  <level label="e">
    <text>No construction or development will occur until all other Federal, State and local permits and approvals have been obtained.</text>
  </level>
  <level label="f">
    <text>During the construction period, the Department shall inspect the premises to determine that the work is progressing in compliance with the permit and with all applicable laws and ordinances. The premises shall also be subject to inspection by the Maryland Department of the Environment. In the event that the Department determines that the work is not in compliance with the permit or all applicable laws and ordinances, or that there has been a false statement or misrepresentation by the applicant, the Department shall report such fact to the Maryland Department of the Environment for whatever action it considers necessary as well as pursuing compliance as provided under this Division and Subtitle.</text>
  </level>
  <level label="g">
    <text>A use and occupancy permit shall not be approved until the Department has been provided with a completed elevation certificate prepared by a registered land surveyor or engineer certifying the "as-built" elevation of the subject construction.</text>
  </level>
  <level label="h">
    <text>A record or log of permits issued for development in the County floodplain shall be maintained by the Department and shall be available upon request to FEMA or its authorized agent (the Maryland Department of the Environment) during periodic assessments of the County participation in the National Flood Insurance Program. Such record shall include at a minimum the date the permit was issued, the "as-built" lowest floor elevation of all new construction or substantial improvement, the issuance date of the use and occupancy permit, a copy of the completed elevation certificate, and any map amendments issued by FEMA.</text>
  </level>
</section>
