(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. Disputes regarding wetlands shall be appealed to the Maryland Department of the Environment.
(C) Administration. The Zoning Administrator is hereby appointed to administer and implement these regulations and is referred to herein as the Floodplain Administrator.
(1) The Floodplain Administrator may delegate duties and responsibilities set forth in these regulations to qualified technical personnel, plan examiners, inspectors, and other employees.
(2) The Floodplain Administrator will review permits to assure sites are reasonably safe from flooding for new construction and substantial improvements in flood prone areas. Where BFE data are utilized, the Floodplain Administrator will obtain and maintain records of lowest floor and floodproofing elevations for new construction and substantial improvements.
(3) The County may enter into written agreements or contracts with other political subdivisions of the State of Maryland or a private sector entity to administer specific provisions of these regulations. Administration of any part of these regulations by another entity will not relieve the County of its responsibilities pursuant to the participation requirements of the National Flood Insurance Program as set forth in the Code of Federal Regulations (CFR).
(D) Disclaimers. The degree of flood protection required by these regulations are considered reasonable for regulatory purposes and based on scientific and engineering considerations.
(1) Larger floods can and will occur, and flood heights may be increased by man-made or natural causes. Compliance with these regulations does not mean that land outside of the special flood hazard areas or uses that are permitted within such areas will be free from flooding or flood damage.
(2) These floodplain regulations do not create liability on the part of Frederick County, any officer or employee thereof, the Maryland Department of the Environment (MDE) or the Federal Emergency Management Agency (FEMA), for any flood damage that results from reliance on these floodplain regulations or any administrative decision lawfully made hereunder.
(E) FIS and FIRMs. For the purposes of these regulations, the minimum basis for establishing special flood hazard areas and base flood elevations is the Flood Insurance Study (FIS) for Frederick County, Maryland dated 8/1/23, or the most recent revision thereof, and the accompanying Flood Insurance Rate Map(s) (FIRMs) and all subsequent amendments and revisions to the FIRMs. The FIS and FIRMs are retained on file and available to the public at the Offices of the Zoning Administrator at 30 N. Market Street, Frederick MD 21701.
(Ord. 92-04-039, 2-13-1992; Ord. 07-29-469, 9-4-2007; Ord. 08-26-502, 10-14-2008; Ord. 10-31-566, 12-21-2010; Ord. 14-23-678, 11-13-2014; Bill No. 23-08, 5-23-2023)