(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) Fill in the floodplain is prohibited unless compensatory storage is provided at a ratio of 1.5:1 for the material in a hydraulically equivalent location. A variance cannot be requested for relief from this requirement.
(D) Grading or placing fill to create buildable lots in the floodplain is prohibited.
(E) Construction of new residential, industrial, institutional, commercial, or accessory structures within the floodplain is prohibited. Water-conveying structures are not included in this prohibition but must address all other requirements in this chapter. A variance cannot be requested for relief from this prohibition. Critical and essential facilities such as wastewater treatment plants and pumping stations are exempt from this prohibition but must address all other requirements of this chapter. CLOMR-Fs and LOMR-Fs cannot be used to circumvent this prohibition and will not be recognized by the county.
(F) Where field surveyed topography or digital topography indicates that ground elevations are below the closest applicable base flood elevation, even in areas not delineated as a special flood hazard on the FIRM, the area shall be considered as special flood hazard area.
(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) 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.
(L) Stormwater Management facilities, requiring fill, should be located out of the floodplain, if possible.
(M) Floodplain and buffer areas where natural vegetation has been removed shall be given the highest priority for reforestation or afforestation.
(N) 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.
(O) A proposed roadway within a dam breach inundation area shall not increase the hazard classification of the 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; Ord. 2022-09, passed 8-25-2022)