|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Ch. 463
|
|
|
|
|
1432
|
|
LAWS OF MARYLAND
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
encroachment on the 100 year floodplain of the nontidal
Jones Falls, and which would place certain limitations on
other construction in the floodplain; providing a certain
exception; and requiring Baltimore City or Baltimore County
to impose certain conditions on the issuance of a permit or
approval to make certain renovations in the Jones Falls
watershed.
BY repealing and reenacting, with amendments,
Article - Natural Resources
Section 8-9A-03(g)
Annotated Code of Maryland
(1974 Volume and 1982 Supplement)
|
|
|
|
|
|
|
|
|
|
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
Article - Natural Resources
8-9A-03.
(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. Implementation
of the flood management plans shall begin within one 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, THIS PROHIBITION 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.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
 |
