§ 153.007  GENERAL REGULATIONS.
   (A)   The reduction of the hydraulic cross-section of any stream or body of water, including reduction of the floodplain, is contrary to the public interest.
   (B)   Floodplain impacts shall be avoided and minimized.
   (C)   Unapproved fill in the floodplain is prohibited.
   (D)   Grading or placing fill to create buildable lots in the floodplain is prohibited.
   (E)   Construction of new residential, industrial, institutional, or commercial structures within the floodplain is prohibited.
   (F)   Where a floodplain is present on an existing or proposed building lot, the lowest floor of any proposed structure shall be at or above the FPE.
   (G)   Floodplain protection elevation:
      (1)   If lots in a proposed subdivision are served by a publicly maintained street, the publicly maintained street and access to all lots shall be at or above the FPE, unless a variance is granted in accordance with § 153.081; and
      (2)   Any subdivision lot served by a use-in-common driveway not at or above the FPE shall be noted on the plat.
   (H)   If the 100-year floodplain is increased, then:
      (1)   A CLOMR/LOMR shall be obtained from FEMA, where applicable;
      (2)   A variance shall be obtained from the county, where applicable;
      (3)   Appropriate easements shall be obtained from all affected property owners; and
      (4)   The design shall be approved by the county, and where necessary, by the Maryland Department of the Environment, Water Management Administration, FEMA and the U.S. Army Corps of Engineers.
   (I)   No final approval may be granted until the county has received a copy of all federal and state approvals and permits.
   (J)   Natural streams shall be maintained for protection of aquatic resources.
   (K)   The property owner shall agree to permanently preserve the natural vegetation and prevent alteration of the floodplain and the area within a setback or stream buffer from all stream banks. In accordance with this chapter, an easement shall be granted to the county and recorded in the Land Records of Carroll County.
   (L)   Forest harvest operations are permitted in floodplains and buffer areas when conducted in accordance with a custom erosion and sediment control plan, approved by the county.
   (M)   Stormwater Management facilities, requiring fill, should be located out of the floodplain, if possible.
   (N)   Floodplain and buffer areas where natural vegetation has been removed shall be given the highest priority for reforestation or afforestation.
   (O)   New residential, industrial, institutional, or commercial structures or additions are prohibited within any dam breach inundation area, unless the dam was previously approved as a high hazard dam.
   (P)   A proposed roadway that crosses a dam breach inundation area shall meet the requirements of MD-378 for hazard Class “A” dams, unless the dam was previously approved as a high hazard dam.
(2004 Code, § 114-7)  (Ord. 04-04, passed 4-5-2004; Ord. 05-07, passed 6-14-2005; Ord. 2014-10, passed 10-30-2014; Ord. 2015-07, passed 9-3-2015)