For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
100-YEAR FREQUENCY FLOOD. The base flood, having a 1% chance of being equaled or exceeded in any year.
ACCESSORY STRUCTURE. A detached structure on the same parcel of property as the principal structure, the use of which is incidental to the principal structure, such as a shed or detached garage.
BASE FLOOD. The 100-year frequency flood event as indicated in the Flood Insurance Study, as amended, the elevation of which is used for regulatory purposes in this chapter.
BASE FLOOD ELEVATION. The water surface elevation of the base flood in relation to the datum specified on the Flood Insurance Rate Map.
BASEMENT. An enclosed area which is below grade on all 4 sides.
CERTIFICATE OF OCCUPANCY. An official form issued by the Permits and Inspections Office certifying that the structure has been built consistent with approved plans and with this chapter and may be legally inhabited or used for the intended purpose.
DECLARATION OF LAND RESTRICTION. A document (DECLARATION) signed by the owner agreeing to not convert or modify certain enclosures below the lowest floor of an elevated building or accessory structure as may be permitted by this chapter. The form is required to be recorded among the land records of Garrett County.
DEVELOPMENT. Any man-made change to improved or unimproved real estate, including, but not limited to buildings or other structures, mining, dredging, filling, grading, paving, clearing, excavation or drilling operations, dumping, extraction, or storage of equipment or materials. DEVELOPMENT includes subdivision of land.
DIRECTORS. The Directors of the Departments of Planning and Land Management, Engineering and Public Safety and Emergency Management.
ELEVATION CERTIFICATE. Form supplied by the Federal Emergency Management Agency (FEMA) to certify as-built elevations of structures above mean sea level (NAVD).
FLOOD. General and temporary condition of partial or complete inundation of normally dry land areas from overflow of inland or tidal waters, or rapid unusual accumulation of runoff from any source.
FLOOD INSURANCE RATE MAP (FIRM). The official maps published by the Federal Emergency Management Agency (FEMA) delineating the special flood hazard areas to be regulated by this chapter. FIRMs that have been prepared in digit format or converted to digital format are referred to as DIGITAL FIRMs (DFIRMs).
FLOOD INSURANCE STUDY (FIS). The official report published the Federal Emergency Management Agency (FEMA) providing flood profiles, flooding information and water surface elevations.
FLOOD PROTECTION ELEVATION (FPE). The elevation of the base flood plus 2 feet of freeboard.
FLOOD ZONE. Designation of areas as shown on Flood Insurance Rate Maps:
(1) ZONE A. Special flood hazard areas subject to inundation by the 1% annual chance (100-year) flood; base flood elevations are not determined.
(2) ZONE AE and ZONE A1-30. Special flood hazard areas subject to inundation by the 1% annual chance (100-year) flood; base flood elevations are determined; floodways may or may not be determined.
(3) ZONE AH and ZONE AO. Areas of shallow flooding, with flood depths of 1 to 3 feet (usually areas of ponding or sheet flow on sloping terrain), with or without BFEs or designated flood depths.
(4) ZONE B and ZONE X (SHADED). Areas subject to inundation by the 0.2% annual chance (500-year) flood; areas subject to the 1% annual chance (100-year) flood with average depths of less than 1 foot or with contributing drainage area less than 1 square mile; and areas protected from the base flood by levees.
(5) ZONE C and ZONE X (UNSHADED). Areas outside of Zones designated A, AE, A1-30, AO, VE, V1-30, B, and X(shaded).
FLOODPLAIN. A relatively flat or low land area adjoining a river, stream or watercourse which is subject to partial or complete inundation and is mapped by FEMA as being in a floodway, detailed floodplain, or approximate floodplain.
FLOODPROOFING. Any combination of structural or nonstructural changes which reduce or eliminate flood damage to improved property.
FLOODPROOFING CERTIFICATE. Form supplied by FEMA to certify that a building has been designed and constructed to be structurally dry floodproofed to the flood protection elevation.
FLOODWAY. The channel and adjacent land area required to discharge the waters of the 100-year flood of a watercourse without increasing the water surface elevations more than a specified height as shown on a FIRM or DFIRM.
FREEBOARD. An increment of elevation added to the base flood elevation to provide a factor of safety for uncertainties in calculations, wave actions, subsidence, or other unpredictable effects.
FUNCTIONALLY DEPENDENT USE. A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water; the term includes only docking facilities; port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities.
HISTORIC STRUCTURE. A structure listed individually on the National Register of Historic Places or on the Maryland Inventory of Register of Historic Places or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register and structures certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered district or a district preliminarily determined by the Secretary to qualify as a registered district.
LETTER OF MAP CHANGE (LOMC). An official FEMA determination, by letter, that amends or revises an effective Flood Insurance Rate Map or Flood Insurance Study. LETTERS OF MAP CHANGE include:
(1) LETTER OF MAP AMENDMENT (LOMA). An amendment based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the current effective Flood Insurance Rate Map and establishes that a specific property or structure is not located in a special flood hazard area.
(2) LETTER OF MAP REVISION (LOMR). A revision based on technical data that may show changes to flood zones, flood elevations, floodplain and floodway delineations, and planimetric features.
(3) A LETTER OF MAP REVISION BASED ON FILL (LOMR-F). A determination that a structure or parcel of land has been elevated by fill above the base flood elevation and is, therefore, no longer exposed to flooding associated with the base flood. In order to qualify for this determination, the fill must have been permitted and placed in accordance with the community’s floodplain management regulations.
(4) CONDITIONAL LETTER OF MAP REVISION (CLOMR). A formal review and comment as to whether a proposed flood protection project or other project complies with the minimum NFIP requirements for such projects with respect to delineation of special flood hazard areas. A CONDITIONAL LETTER OF MAP REVISION BASED ON FILL (CLOMR-F) is a determination by FEMA that a parcel of land or proposed structure that will be elevated by fill would not be inundated by the base floor if fill is placed on the parcel or the structure is built as proposed. A CLOMR does not revise the effective Flood Insurance Rate Map or Flood insurance Study; upon submission and approval of certified as-built documentation, a Letter of Map Revision may be issued by FEMA to revise the effective FIRM.
LOWEST FLOOR. The lowest floor of the lowest enclosed area, including basement. An unfinished enclosure constructed of flood resistant materials used solely for parking of vehicles, storage, or building access in an area other than a basement is not the lowest floor, as long as it is supplied with water equalizing vents. The LOWEST FLOOR of a manufactured home shall be the bottom of the lowest horizontal supporting member (chassis beam).
MANUFACTURED HOME. A transportable structure which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities.
MARKET VALUE. The price at which a property will change hands between a willing buyer and a willing seller, neither party being under compulsion to buy or sell and both having reasonable knowledge of relevant facts. For the purpose of these regulations, the MARKET VALUE of a building is determined by a licensed real estate appraiser or the most recent, full phased-in assessment value of the building (improvement) determined by the Maryland Department of Assessments and Taxation.
MARYLAND DEPARTMENT OF THE ENVIROMENT (MDE). A principal department of the State of Maryland that is charged with, among other responsibilities, the coordination of the National Flood Insurance Program in Maryland (NFIP State Coordinator) and the administration of regulatory programs for development and construction that occur within the waters of the state, including nontidal wetlands, nontidal waters and floodplains, and state and private tidal wetlands (“tidal wetlands”). Unless otherwise specified, MDE refers to the Department’s Wetlands and Waterways Program.
NAVD (NORTH AMERICAN VERTICAL DATUM OF 1988. Elevation datum set by the National Geodetic Survey.
NEW CONSTRUCTION. A structure for which the start of construction commenced on or after June 5, 1985, the initial effective date of the Garrett County Flood Insurance Rate Map, and includes any subsequent improvements.
NONTIDAL WETLAND. Any land which is considered a nontidal wetland pursuant to the Environment Article, Title 5, Subtitle 9 of the Annotated Code of Maryland.
PERMANENT CONSTRUCTION. Any structure occupying a site for more than 180 days per year.
RECREATIONAL VEHICLE. A vehicle built on a single chassis which is 400 square feet or less at the longest horizontal projection, self-propelled or towable, and designed primarily for temporary living while traveling, camping, recreating or for seasonal use.
SPECIAL FLOOD HAZARD AREA (SFHA). The land in the floodplain subject to a 1% or greater chance of flooding in any given year. SPECIAL FLOOD HAZARD AREAS are designated by the Federal Emergency Management Agency in flood insurance studies and on flood insurance rate maps as zones A, AE, AH, AO, A1-30 and A99.
START OF CONSTRUCTION. The date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement was within 180 days of the permit date. The first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For substantial improvement, the START OF CONSTRUCTION is the first alteration of any structural part of the building.
STRUCTURE. A walled and roofed building, including but not limited to, manufactured homes, gas and liquid storage tanks, garages, barns, and sheds.
SUBDIVISION. The division or redivision of lots, tracts, parcels or other divisions of land, including a change in existing lot lines for the purpose, whether immediate or future, of lease, transfer of ownership, building or lot development.
SUBSTANTIAL DAMAGE. Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENTS.
(1) Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure (less land value) either before the improvement or repair is started or if the structure has incurred substantial damage and been restored, before the damage occurred.
(2) SUBSTANTIAL IMPROVEMENT occurs when the first alteration of any wall, ceiling, floor, or other structural part of the building commences. The minimum repairs needed to correct previously identified violations of local health, safety, or sanitary codes, and alterations to historic structures which do not preclude their continued designation as historic structures are not considered SUBSTANTIAL IMPROVEMENTS.
TEMPORARY STRUCTURE. Any structure completely removed within 180 days from issuance of the permit.
VARIANCE. The grant of relief from a term or terms of this chapter.
VIOLATION. Any construction or development in a special flood hazard area that is being performed without an issued permit. The failure of a building, structure, or other development for which a permit is issued to be fully compliant with these regulations and the conditions of the issued permit. A building, structure, or other development without the required design certification, the elevation certificate, or other evidence of compliance is required is presumed to be a VIOLATION until such time as the required documentation is provided.
WATERCOURSE. The channel, including channel banks and bed of nontidal waters of the state.
(Ord. —, passed 10-22-1991; Am. Ord. —, passed 8-20-2013; Am. Ord. —, passed 1-22-2019)