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(A) Development that proposes to alter a watercourse in the floodplain may obtain a variance, provided:
(1) Adverse impacts to aquatic resources are minimized;
(2) The public good outweighs the adverse impacts; and
(3) The need for any perpetual maintenance necessitated by the alteration is minimized and an assurance for such maintenance is provided.
(B) The applicant shall notify adjacent communities, property owners, the county, the U.S. Army Corps of Engineers, FEMA, Maryland National Flood Insurance Program (NFIP) Coordinating Office, and Maryland Department of the Environment in writing in conjunction with any application for a variance pursuant to this section and in writing 90 days prior to any modifications being made to a watercourse.
(C) Alteration of a watercourse. For any proposed development that involves alteration of a watercourse, lying within a mapped FEMA floodplain, the applicant shall develop hydrologic and hydraulic engineering analyses and technical data and submit such technical data to the Floodplain Administrator and to FEMA, and follow the review and approval process as required in the Manual. The analyses shall be prepared by a licensed professional engineer, in a format accepted by MDE and by FEMA for a Conditional Letter of Map Revision and a Letter of Map Revision upon completion of the project. Submittal requirements and fees shall be the responsibility of the applicant. Alteration of a watercourse may be approved only upon submission, by the applicant, of the following:
(1) A description of the extent to which the watercourse will be altered or relocated;
(2) Evidence that adjacent communities, the U.S. Army Corps of Engineers, and MDE have been notified of the proposal, and evidence that such notifications have been submitted to FEMA; and
(3) An approved CLOMR received from FEMA.
(2004 Code, § 114-12) (Ord. 04-04, passed 4-5-2004; Ord. 2014-10, passed 10-30-2014; Ord. 2015-07, passed 9-3-2015)