3163

MONTGOMERY COUNTY

recess, etc., in the shore of a river.

SECTION 1. BE IT ENACTED BY THE COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND That Section 79-31,
title "Section 131.0 of Chapter 79, of the Montgomery
County Code 1965, as amended, is hereby repealed and
re—enacted, with amendments, to read as follows:

131.0 Building Within Flood Plain Areas and On Unsafe
Land.

No building permit shall he issued for any
structure or alteration of existing structure (1) on
land which lies within the fifty year flood plain of
any stream or drainage course, or on land which has
been found by the building inspector to be unsafe for
development use by reason of its being subject to
flooding, erosive, unstabilized slope or fill, or
otherwise located in a situation so as to cause unsafe
building conditions, or (2) in violation of a
residential building restriction line placed on a
recorded subdivision plat under the provision of the
subdivision ordinance; provided, however, that this
section shall cot be construed to prohibit the
issuance of building permits for the reconstruction or
repair of single family dwellings existing on
September 1, 1971, and located within any fifty year
flood plain which abuts a creek or ether recess, cove,
bay or inlet in the shore of a river; and further,
provided, however, that a building permit may be
issued for fences, public utilities, recreation and
agricultural uses.

A "fifty—year" flood plain is defined as that
area which would be inundated by storm water runoff
equivalent to that which would occur with the rainfall
of fifty year frequency after total development of the
watershed.

No part of any individual sewerage disposal
system or plan shall be located within a flood plain
area as defined above; nor shall any such individual
sewerage disposal system be located within 200 feet of
the fifty—year highwater mark of any river, creek,
stream, drainage or other watercourse within the
county.

When a fifty—year flood plain area has not been
designated by the county planning board, by the