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Session Laws, 1980
Volume 739, Page 1234   View pdf image
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1234                                 LAWS OF MARYLAND                               Ch. 352

(5)  Good husbandry practices common to normal
and efficient agricultural production;

(6)  Any other factor consistent with the
purposes of this subtitle.

(b)  In authorizing a use within an interim flood
hazard area, the subdivision shall require that any use or
the effects of any use are minimized to the most practicable
extent to protect against danger to life, danger to water
quality, or danger to property from:

(1)  Water which may be backed up or diverted by
the use;

(2)  An obstruction swept downstream; and

(3)  Construction or alteration of an obstruction
within the interim flood hazard area.

(c)  A use within an interim flood hazard area may not
be authorized unless the person proposing the use
demonstrates to the appropriate subdivision:

(1)  That the proposed use will be provided with
adequate drainage;

(2)  That support systems for the use such as
water and sewerage facilities, road, and other utilities
will be adequately flood proofed;

(3)  That the use will not increase the surface
water elevation of the 100-year flood event more than the
increment of flood elevation specified by the Department;
and

(4)  That all permanent structures associated
with the use shall be flood proofed to withstand a 100-year
flood.

(d) (1) If a subdivision elects, the Department, in
consultation with the subdivision, shall prepare rules and
regulations governing uses within the interim flood hazard
areas of the subdivision pursuant to the provisions of this
section. The subdivision shall then adopt these rules and
regulations.

(2)  If a municipality elects, the county, in
consultation with the municipality, may prepare the rules
and regulations necessary under this section. If the county
does not agree, the Department, in consultation with the
municipality, shall prepare the rules and regulations. The
municipality shall adopt the rules and regulations prepared
for it.

(3)  The Department shall also provide technical
assistance to subdivisions in the interpretation of flood

 

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Session Laws, 1980
Volume 739, Page 1234   View pdf image
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