In this subtitle the following terms have the meanings indicated. “Area of nontidal inundation” means an area within the State which is subject to inundation caused predominately by accumulated surface runoff or excess rainfall runoff, or both. “Area of tidal inundation” means an area within the State which is subject to inundation caused predominately by tides or wind-driven waters, or both. “Department” means the Department of the Environment. “Federal flood insurance program” means the program established by the National Flood Insurance Act of 1968, as amended. “Flood hazard area” means an area of tidal or nontidal inundation resulting from a 100-year flood event and established pursuant to the provisions of § 5-803 of this subtitle. “100-year flood event” or “100-year flood” means a flood that has a 1% chance of being equalled or exceeded in any given year. “Secretary” means the Secretary of the Environment. “Subdivision” means: Any county, including Baltimore City; and Any incorporated municipality which has the authority to adopt and enforce land use and control measures for the areas within its jurisdiction.

The General Assembly finds and declares that: Recurrent flooding of a portion of the State’s land resources causes loss of life, damage to property, disruption of commerce and governmental services, and unsanitary conditions, all of which are detrimental to the health, safety, welfare, and property of the occupants of flood hazard areas of the State; Considerable public costs are incurred through the emergency preparedness program and by replacing public utilities and other public capital investments destroyed or damaged by floods; Flood waters disregard jurisdictional boundaries; and The public interest necessitates management of waters and flood hazard areas for the objectives of preventing and alleviating flood threats to life and health, reducing private and public economic losses, and to the extent possible, preserving the biological values associated with these land and water resources. The policy and purposes of this subtitle are: To assist in the guidance of development to minimize the impacts of flooding; To provide State guidelines and technical assistance to local governments in management of flood hazard areas; To provide for comprehensive watershed management; To facilitate implementation of projects for flood control; To encourage and provide for local governmental units to manage flood–prone lands in a comprehensive manner; To provide for the biological and environmental quality of the watersheds of the State; and To establish a grant program to assist local jurisdictions with: Implementation of those capital projects included within the comprehensive flood management plans which are adopted and approved in accordance with this subtitle; and Infrastructure repairs, watershed restoration, and emergency protection work associated with a flood event.

By January 1, 1982 the Department, after consultation with and consideration of recommendations submitted by subdivisions and the Department of Agriculture and the Department of Planning, shall designate a priority list of watersheds for the purpose of flood control planning and management and establish a schedule for completion of studies of these watersheds. The Department, in cooperation with the subdivisions and the Department of Agriculture and the Department of Planning, shall conduct studies of the watersheds designated pursuant to subsection (a) of this section which shall define at least: The existing magnitude and frequency of flood events; The magnitude and frequency of flood events based on planned development; and Alternative management techniques according to their effectiveness in controlling floods and minimizing flood damage. The studies shall address at least the 100-year flood event. By mutual agreement, the Department may delegate the responsibility for carrying out all or part of the studies of priority watersheds to the appropriate subdivisions. As a part of the study undertaken under subsection (b) of this section, the Department shall delineate the flood hazard areas on maps showing areas of tidal and nontidal inundation. By July 1, 1990 each subdivision, in cooperation with the Departments of the Environment and Agriculture, the Department of Planning, and other appropriate State agencies, shall prepare a flood management plan based upon an evaluation of the alternative management techniques and other findings included in studies conducted under subsection (b) of this section. Each flood management plan shall be consistent with the purposes and provisions of this subtitle. Management techniques may include: Flood control dams; Levees and dikes; Stormwater detention or retention structures; Public acquisition; Flood proofing; Storm drain and stream maintenance; Tax adjustment policies; Subdivision, zoning, and related ordinances; and Other practical methods. Management techniques shall include flood warning systems. In any interjurisdictional watershed, those portions of the flood management plans of the subdivisions relating to the watershed shall be subject to review and approval by the Department as one plan. Any comprehensive flood management plan which includes a project for which grant funds are requested under this section is subject to review and approval by the Department. If a plan is disapproved, the Secretary shall set forth in writing the reason for disapproval. Disapproval of a plan shall be based only on flood management considerations. The Department and the subdivisions shall coordinate activities under this section with all related programs, including the national flood insurance program, the sediment control program, and the State water pollution control and abatement programs. Each subdivision shall implement the flood management plan for its watershed. If a subdivision so elects, the Department, in consultation with the subdivision, shall prepare the regulations to implement the flood management plan. The subdivision shall adopt these regulations. If a municipality elects and the county agrees, the county, in consultation with the municipality, shall prepare the regulations. If the county does not agree, the Department, in consultation with the municipality, shall prepare, if requested, the regulations. The municipality shall adopt the regulations prepared for the municipality. Implementation of the flood management plans shall begin within 1 year after they are completed. Baltimore City and Baltimore County shall include in the flood management plan for the Jones Falls watershed and adopt regulations prohibiting any person from erecting any new residential structure or any substantial residential structural changes which would constitute any amount of encroachment into the 100-year floodplain of the nontidal Jones Falls, and requiring all new nonresidential structures or improvements, except flood control projects, to be elevated above the 100-year flood elevation. However, these restrictions may be construed not to apply to any public works project of Baltimore City, Baltimore County, or the State. In issuing any manner of permit or approval to any person to modify or renovate any existing structure or to modify the use of any open land area in the 100-year floodplain of the nontidal Jones Falls, Baltimore City or Baltimore County shall impose conditions to require that risk of injury to persons or property shall be minimized to the greatest extent practicable. There is a comprehensive flood management grant program within the Department. Subject to the approval of the Board of Public Works, the Department may use proceeds from the State debt created to fund the comprehensive flood management grant program to pay the entire cost of watershed studies pursuant to subsection (b) of this section. The Department may provide grants to subdivisions to pay the entire cost of watershed studies when the Department delegates that responsibility pursuant to subsection (b) of this section. Subject to the approval of the Board of Public Works, the Department may provide grants to subdivisions for flood control and watershed management capital projects, and for the capital costs related to design, purchase, and installation of automated flood warning projects, provided that the projects are consistent with the plans and implementation prepared and adopted in accordance with this subtitle, and provided further that each project: Is undertaken as part of a comprehensive flood management plan prepared and adopted by the subdivision; and Is not inconsistent with any State or interjurisdictional flood management plan. Grants for automated flood warnings projects shall be conditioned to require all affected local governing bodies to: Adopt a specific and compatible response plan which has been coordinated with local emergency management authorities and reviewed and approved by the Department and the Maryland Department of Emergency Management; and Provide for financial and other commitments to properly operate and maintain the project. The amount of any grant made by the Department for a flood control and watershed management capital project that involves only nonfederal funds and meets the criteria of this subtitle shall be matched by a minimum amount of 25% of project costs in local government or private funds. For a flood control and watershed management capital project that involves federal funding and meets the criteria of this subtitle: The Department may provide up to 50% of the nonfederal share of the project funding; and Local government or private funds shall provide not less than 50% of the nonfederal share of the project funding. Each project application for a grant under this paragraph shall be submitted to and reviewed by the State clearinghouse of the Department of Planning in accordance with established clearinghouse procedures. Subject to the approval of the Board of Public Works, the Department may provide grants to subdivisions immediately after a flood for acquisition of any flood damaged owner–occupied dwelling. Total expenditures for grants made under this paragraph may not exceed 50% of the total authorized budgeted funds in a fiscal year for grants under this subsection. The Department may award grants to subdivisions that have incurred at least $1,000,000 in infrastructure damage caused by a flood event that occurred on or after January 1, 2009. The total amount of grants awarded by the Department to subdivisions under this paragraph may: For fiscal years 2020, 2021, and 2022, equal up to 100% of the total amount of money appropriated to the comprehensive flood management program; and For fiscal year 2023 and each fiscal year thereafter, equal up to 50% of the total amount of money appropriated to the comprehensive flood management program. A grant awarded to a subdivision under this paragraph may be: For an amount of up to 50% of the combined cost of infrastructure repairs, watershed restoration, and emergency work associated with the flood event; Used for infrastructure repairs, watershed management, or emergency protection work associated with the flood event; and Used for expenses associated with item 2 of this subparagraph that the subdivision has already incurred. The Department shall prioritize awarding grants under this paragraph to subdivisions in which: Infrastructure damage occurred in an area designated by the Maryland Historical Trust as an historic district; or Infrastructure damage caused by a flood event has occurred more than once within the previous 5 years. The Department may award grants to municipalities to provide matching funds to assist with the costs of making improvements to existing open drainage inlets in accordance with § 4–112 of the Local Government Article. In each of fiscal years 2029 through 2031, $250,000 of the money appropriated to the comprehensive flood management grant program shall be used to award grants under this paragraph. To receive a grant, the subdivision must participate in the national flood insurance program. Before awarding a grant under paragraphs (2), (3), or (4) of this subsection, the Department, in cooperation with the Department of Planning, shall review the flood control and watershed management operations of the applicant subdivision to assure that the flood control and watershed management operations are in compliance with this subtitle. For fiscal year 2026 and each fiscal year thereafter, the Governor may include in the annual State budget an appropriation for the comprehensive flood management grant program of up to $20,000,000. For fiscal year 2026 and each fiscal year thereafter, at least 40% of funding provided under the comprehensive flood management grant program shall be used for projects located in or directly benefiting underserved or overburdened communities, as defined in § 1–701 of this article. Funds not awarded from the comprehensive flood management grant program by the end of a fiscal year: Shall remain in the program; and Are not subject to § 7–302 of the State Finance and Procurement Article. The Department, in consultation with the Department of Planning, shall adopt regulations necessary for the administration of the grant program. These regulations may include: A determination of statewide and interjurisdictional needs and priorities; Standards of eligibility for applicants and projects; Criteria for recognition of tidal and nontidal areas; Engineering and economic standards and alternatives; and Procedures for filing and processing contents of applications.

The Department shall assure that State construction projects and State-assisted construction projects meet the requirements of this subtitle. The Department shall evaluate the effects of changes in the character of the watersheds. In order to assist the Department, the subdivisions shall provide the Department with information on local development, changes in land use, and other physical changes. The Department is the depository for all flood-related data and activities with regard to the provisions of § 5-803 of this subtitle. The Department periodically shall review the maps of flood hazard areas and local activities undertaken pursuant to this subtitle to determine whether its provisions are being adhered to.

Each subdivision shall take measures to enforce the provisions of this subtitle within its jurisdiction, including the enactment of a local law prescribing a civil penalty in the form of a fine not exceeding $500 for each day of violation of any local law the subdivision enacts to implement this subtitle. The local law shall provide that each day upon which a violation occurs or continues constitutes a separate offense. The local law shall provide that the total civil penalty may not exceed $10,000. If a subdivision fails to enforce any provision of this subtitle, including any ordinance or local law the subdivision enacts pursuant to this subtitle, or if the subdivision does not possess the authority to correct a violation of this subtitle, the Department may request the Attorney General to take appropriate legal action to correct the violation. A court exercising equity jurisdiction in the county where the land or any part of the land or water covered by this subtitle is located may restrain any violation of this subtitle, or order the abatement of a condition resulting from any violation and order the restoration of lands and waters to the condition existing prior to the violation, in an action brought by a subdivision affected by the violation, by the Department, by any authorized unit or officer of the Department, or by the Attorney General.

By mutual agreement, the Department may delegate all or part of the Department’s responsibilities under this subtitle to a subdivision if the Department determines that the subdivision has the technical and financial resources to fulfill the responsibilities to be delegated.

The provisions of this subtitle concerning the authorities of the Department and the subdivisions of the State with respect to flood hazard management are in addition to any other provision of law.

Engineering, technical, and administrative services required to implement the provisions of this subtitle shall be funded as provided in the State budget.

This subtitle may be cited as the Flood Hazard Management Act of 1976.

In this section the following words have the meanings indicated. “FEMA elevation certificate” means the certificate issued by the Federal Emergency Management Agency that certifies official elevation and building data for a property located within a special flood hazard area in order to inform flood insurance premiums. “Moderate–risk flood hazard area” means an area that is: Identified by the Federal Emergency Management Agency as having a 0.2% chance of annual flooding; and Commonly known as the 500–year floodplain. “Special flood hazard area” means an area that is: Identified by the Federal Emergency Management Agency as having a 1% chance of annual flooding; and Commonly known as the 100–year floodplain. The Department shall develop, publish, and maintain a real property flood risk disclosure statement form for use in connection with a sale of residential real property as provided in § 10–716 of the Real Property Article. The flood risk disclosure statement form shall, at minimum, include the following information: Whether the property is located wholly or partly within a special flood hazard area; Whether the property is located wholly or partly within a moderate–risk flood hazard area; Whether the property is subject to a requirement under federal law that requires the owner to obtain and maintain flood insurance; Whether the vendor has knowledge of any past occurrence where an owner received aid for flood damage on the property from the Federal Emergency Management Agency, the U.S. Small Business Administration, or other federal disaster assistance program; Whether the vendor currently has flood insurance for the property; Whether there is a FEMA elevation certificate available for the property; Whether the vendor has knowledge of any claims filed for flood damage to the property, including with the national flood insurance program; and Whether the vendor has knowledge that the property experiences, or has experienced, any flood damage, water seepage, or pooled water due to a natural flooding event, including flooding caused by heavy rainfall, a coastal storm surge, tidal inundation, or river overflows.