Ch. 6 LAWS OF MARYLAND

Departments of Natural Resources and Agriculture [and], the Office of Planning, and
other appropriate State [agencies] AGENCIES, shall prepare a flood management plan
based upon an evaluation of the alternative management techniques and other findings
included in studies conducted under subsection (b) of this section. Each flood
management plan shall be consistent with the purposes and provisions of this subtitle.

(f) The Department and the subdivisions shall coordinate activities under this
section with all related [programs] PROGRAMS, including the national flood
insurance program, the sediment control program, and the State water pollution control
and abatement programs.

(g) (1) Each subdivision shall implement the flood management plan for its
watershed. If a subdivision so elects, the Department, in consultation with the
subdivision, shall prepare the [rules and] regulations to implement the flood
management plan. The subdivision shall adopt these [rules and] regulations. If a
municipality elects [,] and the county agrees, the county, in consultation with the
municipality, shall prepare the [rules and] regulations. If the county does not agree, the
Department, in consultation with the municipality, shall prepare, if requested, the
[rules and] regulations. The municipality shall adopt the [rules and] regulations
prepared for [it] THE MUNICIPALITY. Implementation of the flood management
plans shall begin within [one] 1 year after they are completed.

(2) (i) Baltimore City and Baltimore County shall include in the flood
management plan for the Jones Falls watershed and adopt [rules and] regulations
prohibiting any person from erecting any new residential structure or any substantial
residential structural changes which would constitute any amount of encroachment into
the 100-year floodplain of the nontidal Jones Falls, and requiring all new nonresidential
structures or improvements, except flood control projects, to be elevated above the
100-year flood elevation. However, these restrictions may be construed not to apply to
any public works project of Baltimore City, Baltimore County, or the State[; ].

(ii) In issuing any manner of permit or approval to any person to
modify or renovate any existing structure or to modify the use of any open land area in
the 100-year floodplain of the nontidal Jones Falls, Baltimore City[,] or Baltimore
County[,] shall impose conditions to require that risk of injury to persons or property
shall be minimized to the greatest extent practicable.

(h) (1) There is a comprehensive flood management grant program within the
Department [of Natural Resources].

[(1)] (2) Subject to the approval of the Board of Public Works, the
Department may use proceeds from the State debt created to fund the comprehensive
flood management grant program to pay the entire cost of watershed studies pursuant
to subsection (b) OF THIS SECTION. The Department may provide grants to
subdivisions to pay the entire cost of watershed studies when the Department delegates
that responsibility pursuant to subsection (b) OF THIS SECTION.

[(2)] (3) Subject to the approval of the Board of Public [Works] WORKS,
the Department may provide grants to subdivisions for flood control and watershed
management capital projects, and for the capital costs related to design, purchase, and

- 160 -