§ 17.11.520. Development that affects flood-carrying capacity of nontidal waters of the state.

(A)

Development in designated floodways.

(1)

For proposed development that will encroach into a designated floodway, Section 17.11.340(A)(7) requires the applicant to submit an evaluation of alternatives to such encroachment, including different uses of the site or the portion of the site within the floodway, and minimization of such encroachment. This requirement does not apply to fences that do not block the flow of floodwaters or trap debris.

(2)

Proposed development in a designated floodway may be permitted only if:

(a)

The applicant has been issued a permit by MDE; and

(b)

The applicant has developed hydrologic and hydraulic engineering analyses and technical data prepared by a licensed professional engineer reflecting such changes, and the analyses, which shall be submitted to the Floodplain Administrator, demonstrate that the proposed activity will not result in any increase in the base flood elevation; or

(c)

If the analyses demonstrate that the proposed activities will result in an increase in the base flood elevation, the applicant has obtained a Conditional Letter of Map Revision and a Letter of Map Revision from FEMA upon completion of the project. Submittal requirements and fees shall be the responsibility of the applicant.

(B)

Development that includes the placement of fill in nontidal waters of the State.

For proposed development that includes the placement of fill in nontidal waters of the State, other than development that is subject to paragraph (D), a hydraulically-equivalent volume of excavation is required. Such excavations shall be designed to drain freely.

(C)

Development in areas with base flood elevations but no designated floodways.

For development in special flood hazard areas of nontidal waters of the State with base flood elevations but no designated floodways:

(1)

The applicant shall develop hydrologic and hydraulic engineering analyses and technical data reflecting the proposed activity and shall submit such technical data to the Floodplain Administrator as required in Section 17.11.340(A)(6). The analyses shall be prepared by a licensed professional engineer in a format required 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.

(2)

The proposed development may be permitted if the applicant has received a permit by MDE and if the analyses demonstrate that the cumulative effect of the proposed development, when combined with all other existing and potential flood hazard area encroachments will not increase the base flood elevation more than one foot at any point.

(D)

Construction of roads, bridges, culverts, dams and in-stream ponds.

Construction of roads, bridges, culverts, dams, and in-stream ponds in nontidal waters of the State shall not be approved unless they comply with this section and the applicant has received a permit from MDE.

(E)

Alteration of a watercourse.

(1)

For any proposed development that involves alteration of a watercourse not subject to paragraph (C), unless waived by MDE, the applicant shall develop hydrologic and hydraulic engineering analyses and technical data reflecting such changes, including the floodway analysis required in Section 17.11.340(A), and submit such technical data to the Floodplain Administrator and to FEMA. The analyses shall be prepared by a licensed professional engineer in a format required 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.

(2)

Alteration of a watercourse may be permitted only upon submission, by the applicant, of the following:

(a)

A description of the extent to which the watercourse will be altered or relocated;

(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; and

(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 City of Annapolis 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. No. O-24-12, § I, 7-23-2012; Ord. No. O-5-15 Amended, § I, 4-27-2015)