# Sec. 4-119. Administration; Section 113, Board of Appeals

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. 4-119. Administration; Section 113, Board of Appeals

Prince George's County, Md., Code § 4-119 (2026)

(a) Section 113.2 is hereby amended to read as follows: Limitations on Authority. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply or an equally good or better form of construction is proposed. The board shall not have authority to waive requirements of this code and shall not have jurisdiction over matters for which adjudication or appeal is expressly assigned.

(b) Section 113.4 of the IBC is hereby added as follows: Construction in the One Hundred (100) Year Floodplain.

  (1) In accordance with Section 32-210, variances for construction in the One Hundred (100) Year Floodplain shall be issued by the Board of Administrative Appeals upon:

    (A) A showing of good and sufficient cause;

    (B) A determination that failure to grant the variance would result in exceptional hardship to the applicant;

    (C) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances;

    (D) A determination that the variance is the minimum necessary to afford relief upon consideration of the flood hazard; and

    (E) Upon meeting the performance standards of Section 401.2 or 401.3 of the "Flood Proofing Regulations," promulgated by the Office of the Chief of Engineers, U.S. Army, Washington, District of Columbia.

    (F) A determination that the variance is in compliance with Subtitle 32 Section 32-203 through 32-212.

  (2) The Board of Administrative Appeals shall notify the aggrieved party, in writing, of its decision that:

    (A) The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to twenty five dollars ($25.00) for one hundred dollars ($100.00) of insurance coverage; and

    (B) Such construction below the base flood level increases the risks to life and property. Such notification shall be maintained with a record of all variance actions, as required in Section (4)(B).

  (3) Each decision of the Board of Administrative Appeals, with respect to the granting or denial of a variance, as described herein, shall be forwarded to the Department of Permitting, Inspections and Enforcement and to the Prince George's County Planning Board.

  (4) The Department of Permitting, Inspections and Enforcement shall:

    (A) Maintain a record of all variance actions, including justification for their issuance; and

    (B) Report such variances issued in its annual report submitted to the Federal Insurance Administrator.