[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Buffers shall be maintained along the banks of all nontidal waters in accordance with the Zoning, Subdivision and Land Development Ordinance, § 190-37.1, Buffers from streams and nontidal wetlands outside the Critical Area.
A. 
Development in designated floodways. Floodways shall be preserved to carry the base flood discharge. New development shall be located outside the floodway unless there is no practical alternative on site. Proposed development in a designated floodway may be permitted only if:
(1) 
The applicant has been issued a permit by Maryland Department of the Environment; and
(2) 
The permit application submitted to the Floodplain Administrator includes an evaluation of alternatives to such encroachment, including other site uses and/or use of other portions of the site, and options to minimize the encroachment; and
(3) 
The applicant has developed hydrologic and hydraulic engineering analyses and technical data prepared by a licensed engineer that reflect such changes; and:
(a) 
Document that the proposed activity will not result in any increase in the base flood elevation; or
(b) 
Document that the proposed activities will result in an increase in the base flood elevation, and the applicant has obtained a conditional letter of map revision and a letter of map revision from the Federal Emergency Management Agency upon completion of the project approving the increase in base flood elevation. Submittal requirements and fees shall be the applicant's responsibility.
(4) 
Fences, e.g. two-wire fences that do not block the water flow or trap debris, may be permitted without a Maryland Department of the Environment permit, an alternative evaluation or an engineering analysis.
B. 
Development in areas with base flood elevations without designated floodways. Development in special flood hazard areas of nontidal waters with base flood elevations and without designated floodways may be permitted only if the following conditions are met:
(1) 
The applicant has received a permit from Maryland Department of the Environment;
(2) 
The permit application submitted to the Floodplain Administrator includes hydrologic and hydraulic engineering analyses and technical data reflecting the proposed activity;
(3) 
The analyses in Subsection B(2) above are in a format required by the Federal Emergency Management Agency for a conditional letter of map revision and a letter of map revision is obtained upon completion of the project. Submittal requirements and fees shall be the applicant's responsibility; and
(4) 
The analyses demonstrate that the proposed development's cumulative effect, 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.
C. 
Construction of roads, bridges, culverts, dams and in-stream ponds. Road, bridge, culvert, dam, and in-stream pond construction in nontidal waters shall comply with this section. The applicant must receive a permit from the Maryland Department of the Environment.