Sec 1-19-9-100

1-19-9.100 Floodplain District
(A) Purpose and intent. The Floodplain District is established to protect human life and health, minimize property damage, encourage appropriate construction practices to minimize future damage, to protect water supply, sanitary sewage disposal, and natural drainage. For purposes of this chapter, and other applicable ordinances, the Floodplain District will be considered to be the most extensive of the following:
(1) FEMA Floodplain;

(2) Flooding soils; and

(3) Wetland areas.

(B) Establishing the Floodplain District. The Floodplain District is an overlay to the underlying zoning districts as shown on the zoning map. The provisions of the Floodplain District are supplementary to the regulations of the underlying zoning district. Where there is any conflict between the provisions or requirements of the Floodplain District and those of any underlying district, the more restrictive provisions pertaining to the Floodplain District will apply.

(1) The Zoning Administrator shall establish a Floodplain District and an official map. The Floodplain District will be considered to be the most extensive of the following: FEMA floodplain, flooding soils, and wetlands. The Zoning Administrator may also utilize available historic data in determining the limits of the Floodplain District, including without limitation photographs and high water elevations.

(2) Within the FEMA floodplain, the source of this delineation shall be at a minimum the most recent effective Flood Insurance Study and Digital Flood Insurance Rate Map (D-FIRM) for Frederick County, prepared by the Federal Emergency Management Agency, as amended.

(3) The FEMA floodplain is established with emphasis on the 100-year flood elevation where defined rather than the area graphically delineated on the official floodplain maps. Where map boundaries and elevations disagree, elevations prevail, with no approval from FEMA required.

(4) The delineation of the FEMA floodplain may be revised, amended and modified by the Zoning Administrator in compliance with the National Flood Insurance Program (NFIP) and the Maryland Department of the Environment, when:

(a) There are changes through natural or other causes to flood elevations and boundaries; or

(b) Changes are indicated by detailed hydrologic and hydraulic information and studies.

(c) As soon as practicable, but not later than 6 months after the date such information becomes available, the Zoning Administrator shall notify the Federal Insurance Administrator of the changes by submitting technical and scientific data in accordance with 44 CFR part 65. All such changes shall be subject to the review and prior approval of the Federal Emergency Management Agency and the Maryland Department of the Environment.

(5) The location and limits of flooding soils are determined by the Soil Survey of Frederick County and Web Soil Survey, as amended.

(6) The location and limits of wetlands are determined by the Maryland Department of the Environment Wetland and Waterways Program.

(7) Any dispute of the FEMA floodplain shall be appealed to Federal Emergency Management Agency through the Zoning Administrator, while disputes regarding flooding soils shall be appealed to the Natural Resources Conservation Service, through the Zoning Administrator. Disputes regarding wetlands shall be appealed to the Maryland Department of the Environment.

(Ord. 92-04-039, 2-13-1992; Ord. 07-29-469, 9-4-2007)

Division 1. Floodplain District Regulations