§ 8-29. Building within floodplain areas and on unsafe land.

(a) A building permit must not be issued for any structure or any alteration of an existing structure:

(1) On land which lies within the floodplain covered by the 100-year flood, as defined in Section 19-36, of any stream or drainage course, or on land which the Director finds to be unsafe for development use because it is subject to flooding, erosion, unstabilized slope or fill within the danger reach of a high hazard dam, or otherwise located in a situation that causes unsafe building conditions; or

(2) In violation of a residential building restriction line placed on a recorded subdivision plat under the subdivision law, except that a building permit may be issued for fences, public utilities, recreation and agricultural uses, and for reconstruction, repair, or improvement of single family dwellings located within any floodplain covered by the 100-year flood as defined in Section 19-36.

(b) No part of any on-site sewage disposal system may be located within the floodplain covered by the 100-year flood as defined in section 19-36. (1975 L.M.C., ch. 1, § 3; 1989 L.M.C., ch. 39, § 1; 1992 L.M.C., ch. 33, § 1.)

Editor's note-Res. No. 9-280, introduced and adopted on June 19, 1979, recognized the authority of the Maryland Department of Natural Resources to regulate construction within the 100-year floodplain.