The natural watercourse shall be maintained for protection of aquatic resources. In all floodplain zones, any development, which proposes to alter a watercourse, must obtain a floodplain variance. Any floodplain variance issued for the alteration of watercourses must assure that:
(A) The conditions for encroachment in the floodway are approved by FEMA, adverse impacts to aquatic resources are minimized and the public good outweighs the adverse impacts;
(B) A certification by a licensed professional engineer that the flood-carrying capacity of the watercourse will not be diminished;
(C) 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.
(D) Evidence that the applicant shall be responsible for providing the necessary maintenance for the altered or relocated portion of the watercourse so that the flood carrying capacity will not be diminished. The Floodplain Administrator may require the applicant to enter into an agreement with Garrett County specifying the maintenance responsibilities; if an agreement is required, the permit shall be conditioned to require that the agreement be recorded on the deed of the property which shall be binding on future owners.
(Ord. —, passed 8-20-2013)