(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
(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, while disputes regarding flooding
soils shall be appealed to the Natural Resources Conservation Service,
through the Zoning Administrator. Disputes regarding wetlands shall be
appealed to the Maryland Department of the Environment.
(Ord. 92-04-039, 2-13-1992; Ord. 07-29-469, 9-4-2007)
Division 1. Floodplain District Regulations
1-19-9.110 Activities within Floodplain District
1-19-9.120 Procedures for Activities within the FEMA Floodplain
1-19-9.130 Watercourse Relocation or Alteration
Article IX Floodplain District Regulations