Chapter 05. Flood Management Grant Program
Regulation .01 Definitions.LinkCopy Citation
A.
In this chapter, the following terms have the meanings indicated. Terms not defined below shall have the meanings given to them in the relevant statutes or, if not defined in statutes, the meanings attributed by common use. The terms “Department”, “federal flood insurance program”, “100-year flood event”, and “subdivision” are defined in the Environment Article, Annotated Code of Maryland. The definitions for these terms are provided below as a convenience, but persons affected by the Department's regulations should be aware that these definitions are subject to amendment by the General Assembly.
B.
Terms Defined.
(1)
“Administration” means the Water Management Administration.
(2)
“Capital project” means any flood control or watershed management capital project which:
(a)
Reduces flood hazards;
(b)
Has an expected useful life of at least 15 years;
(c)
May include public acquisition or structural methods; and
(d)
Does not include the following associated elements of any project:
(i)
Research,
(ii)
Planning,
(iii)
Study,
(iv)
Operation,
(v)
Repair, or
(vi)
Maintenance.
(3)
“Department” means the Department of the Environment.
(4)
“Flood management plan” means a plan to guide activities in a watershed for the purpose of minimizing the hazards of flooding and preserving the biological values associated with the land and water resources, pursuant to Environment Article, Title 5, Subtitle 8, Annotated Code of Maryland.
(5)
“Federal flood insurance program” means the program established by the National Flood Insurance Act of 1968, as amended.
(6)
"100-year flood event" or "100-year flood" means a flood that has a 1-percent chance of being equalled or exceeded in any given year.
(7)
“Subdivision” means any county, including Baltimore City. The term “subdivision” also means any incorporated municipality which has the authority to adopt and enforce land use and control measures for the areas within its jurisdiction.
(8)
“Ultimate development” means the anticipated development during the expected useful life of the capital project.
Regulation .02 General Requirements.LinkCopy Citation
A.
Establishment of Annual State Priority List for Capital Projects. Before May 1, 1984 and before the first of May each year after that, each participating subdivision shall submit applications, in priority order, for capital projects which are included in approved flood management plans to the Department. Upon review and evaluation of the submitted capital projects, an annual State priority list for capital projects shall be adopted by the Department. This list will be the basis for grants to the subdivisions and will specify the Department's share of the eligible project cost.
B.
Adoption of the Annual Priority List. Before adopting the annual State priority list, the Department shall notify the affected subdivisions of its intended action and afford reasonable opportunity for comment. The approval of a flood management plan does not determine the position of a capital project on the priority list.
C.
Criteria for Priorities.
(1)
The purpose of ranking the individual capital projects in the State priority list is to ensure the greatest benefits from the investment of public money. The ranking will be based on the type of capital project, flood history, and cost effectiveness and implementation schedule of the flood management plan.
(2)
The types of capital projects which will be preferred shall:
(a)
Be permanent solutions to existing flood hazards and not require continuing operation, maintenance, or repair; and
(b)
Minimize environmental impacts.
(3)
Flood history will consider the:
(a)
Magnitude and frequency of past flood events;
(b)
Damages resulting from past flood events; and
(c)
Danger to public health and welfare.
(4)
The cost effectiveness will consider the:
(a)
Cost of the capital project and total cost of the flood management plan;
(b)
Direct damages prevented;
(c)
Indirect costs prevented such as work closings, environmental damage, or personal inconvenience;
(d)
Benefits created such as recreational opportunities, open space, ecological enhancement, hydrologic improvements, water quality improvements, or water supply; and
(e)
Life of the project and possibility of future expenditures such as maintenance, repair, or replacement.
D.
All land acquired shall be dedicated to open space or recreation.
E.
These regulations establish procedures for the implementation of the Maryland Flood Management Grant Program and are not intended to create procedural or substantive rights in any person except the Department.
Regulation .03 Applications for a Grant.LinkCopy Citation
A.
Scope. Subdivisions may apply to the Department for grants to assist in flood control and watershed management capital projects if all the following conditions are met:
(1)
It has the authority to make an application and has been authorized by an official act of the governing body directing this action. If the applicant is other than a county or Baltimore City, it must provide written certification from its legal counsel that it is a subdivision as defined in Regulation .01B(7) of this chapter.
(2)
It will have funds available to meet its share of the capital project.
(3)
It is participating in and is in conformance with the federal flood insurance program.
(4)
The capital project is part of a flood management plan approved by the Department and adopted by the subdivision pursuant to Environment Article, Title 5, Subtitle 8, Annotated Code of Maryland.
B.
All applications to the Department shall:
(1)
Reference the approved and adopted flood management plan of which the capital project is a part;
(2)
Specify the exact location of the capital project;
(3)
Specify the anticipated results of the capital project and furnish any substantiation required by the Department;
(4)
Evaluate alternative management techniques;
(5)
Specify the operation and maintenance arrangements for the life of the project;
(6)
Specify the use or disposition of acquired property;
(7)
Specify the expected useful life of the project;
(8)
Identify the short-term and long-term beneficial and adverse environmental effects of the capital project and any mitigating measures for the adverse impacts;
(9)
Identify all beneficiaries and the estimated current dollar value of the benefits and costs of the capital project;
(10)
Certify that the value or interest in properties proposed for acquisition will be established by two qualified appraisers prior to implementation; and
(11)
List all necessary federal, State, and local permits and certify that all these permits have been or will be applied for and will be obtained before implementation of the capital project.
C.
Unless otherwise specified, all hydrologic calculations shall be based on the ultimate development of the watershed. If the project requires computations of flood frequencies and flows, the methods and computations shall be available in sufficient detail for the Department to determine their validity.
D.
The approval of a capital project for a grant does not waive the requirements for any applicable State permits. If the capital project requires a permit from the Department, detailed information need not be duplicated. A statement on the grant application that the information is available in the permit application will be sufficient.
E.
All applications and information required by these regulations shall be submitted to the Department, in a manner and form acceptable to the Department, before the Department takes final action on the application.
F.
The application shall be submitted by the applicant to the Maryland State Clearinghouse in accordance with standard Clearinghouse procedures as described by the Office of Planning. The standard Clearinghouse procedures are based on the provision of OMB Circular A-95 and the application is subject to the applicable requirements and procedures contained in the Circular. Final action shall not be taken by the Department until the State Clearinghouse response has been received by the Department.
G.
The chief executive officer of the subdivision shall sign the application.
Regulation .04 Flood Management Plans.LinkCopy Citation
A.
Flood management plans are to guide activities in a watershed so that flood hazards are minimized, while preserving the biological values associated with the land and water resources. They will be developed for each watershed in accordance with Environment Article, Title 5, Subtitle 8, Annotated Code of Maryland, to attain all the following goals:
(1)
Reduction of existing flood hazards;
(2)
Prevention of future flood hazards;
(3)
Adequate emergency preparedness;
(4)
Preservation of the environmental qualities of the watershed; and
(5)
Reduction of economic and social losses.
B.
A flood management plan shall contain, but not be limited to, the following:
(1)
The limits of the watershed;
(2)
An inventory of historic flood damage sites, including frequency and damage estimates;
(3)
An inventory of areas of significant natural resource value as noted in existing state and local studies;
(4)
An inventory of areas of historical and archeological value identified in existing state and local studies;
(5)
A map or series of maps showing features of the watershed pertinent to the flood management plan;
(6)
The relationship of the flood management plan to related programs in the watershed including the federal flood insurance program, the sediment control program, and the State water pollution and abatement program, and Program Open Space;
(7)
The following information, based upon the ultimate development of the watershed and flood events up to and including the 100-year flood:
(a)
A description of potential flood damages;
(b)
An assessment of all available flood mitigation techniques, their costs and hydrologic impacts;
(c)
The selected projects and techniques necessary to mitigate flood damages; and
(d)
Any environmental, social, and economic implications of the proposed flood mitigation techniques;
(8)
A schedule of expected implementation of all capital projects and other pertinent elements of the flood management plan;
(9)
Identification of measures to be taken before, during, and immediately after a flood disaster including:
(a)
Warning and evacuation for known flood hazard areas, and
(b)
Post-disaster activities which would minimize both present and future damages;
(10)
Any stormwater management requirements and techniques necessary to mitigate the adverse effects of land use changes on stream flows and flood frequencies; and
(11)
Any rules, regulations, or ordinances necessary for implementation and hazard mitigation.
Regulation .05 Procedures.LinkCopy Citation
A.
General. If the Department approves a capital project and it falls within the limits of the funds available according to the annual priority list, a proposal for funding the capital project with appropriate conditions will be presented, along with reviews from appropriate agencies, to the Board of Public Works for approval and commitment of funds. No project will be submitted to the Board of Public Works until the subdivision certifies that its share of the funds is available and that it will properly operate and maintain the project to assure that the project benefits are realized.
B.
Department's Share of Capital Project Cost. The amount of any grant made by the Department may be up to 75 percent of the funding of a flood management project that does not receive federal funds. The Department may provide up to 50 percent of the nonfederal share of the funding for a project which receives federal funds and meets the criteria of these regulations and Environment Article, Title 5, Subtitle 8, Annotated Code of Maryland, but may not exceed the amount of local funds.
C.
Recovery of Grant. The Department may investigate, inspect, or audit any capital project involving grant funds. If the Department determines that the capital project is not being performed according to the approved application or flood management plan, the Department may withhold funding and require reimbursement by the subdivision.
Chapter annotations
Authority: Environment Article, §§5-203, 5-802 and 5-803, Annotated Code of Maryland
History: Effective date: September 14, 1981 (8:18 Md. R. 1478)
History: Regulation .02A amended as an emergency provision effective December 15, 1981 (9:1 Md. R. 17), expired May 8, 1982; amended as an emergency provision effective December 1, 1982 (10:1 Md. R. 19), expired June 30, 1983; amended as an emergency provision effective December 2, 1983 (10:26 Md. R. 2336), expired March 31, 1984 (Emergency provisions are temporary and not printed in COMAR)
History: Regulation .02A amended effective April 9, 1984 (11:7 Md. R. 622)
History: Chapter recodified from COMAR 08.05.08 to COMAR 26.17.05, June 1996
History: Regulation .05B amended effective July 8, 2002 (29:13 Md. R. 993)