§ 1-3. Definitions – "Floodproofing" to "Wet floodproofing".
(a) Floodproofing.
(1) In general.
"Floodproofing" means any combination of structural and nonstructural additions, changes, or adjustments to buildings or structures that reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, {and} structures and their contents, such that the buildings or structures are watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.
(2) Methods of floodproofing.
For purposes of this Division I, the two methods of floodproofing are as follows:
(i) "Dry floodproofing", which is a combination of measures that results in a structure, including the attendant utilities and equipment, being watertight with all elements substantially impermeable and with structural components having the capacity to resist flood loads, as specified in ASCE 24; and
(ii) "Wet floodproofing", which is the floodproofing method that, as specified in the following FEMA Technical Bulletins and on ASCE 24, relies on flood-damage-resistant materials and construction techniques in areas of a structure that are below the flood-protection elevation required by this standard by intentionally allowing those areas to flood :
(A) FEMA Technical Bulletin 2 {"Flood Damage-Resistant Material Requirements for Buildings Located in Special Flood Hazard Areas in accordance with the National Flood Insurance Program"}; and
(B) FEMA Technical Bulletin 7 {"Wet Floodproofing Requirements for Structures Located in Special Flood Hazard Areas in accordance with the National Flood Insurance Program"}.
(b) Floodproofing Certificate.
(1) In general.
"Floodproofing Certificate" means the FEMA Form 086-0-34 that is to be completed, signed and sealed by a licensed professional engineer or licensed architect to certify that the design of floodproofing and proposed methods of construction are in accordance with the applicable requirements of § 3-14 of this article.
(2) By whom prepared.
A floodproofing certificate may only be prepared and certified by a licensed professional engineer or professional architect.
(c) Flood Resilience Area.
"Flood Resilience Area" means the area described in § 2-2(g) {"Subdistricts: Flood Resilience Area"} of this article, and that:
(1) appears on the Flood Insurance Rate Map as Shaded Zone X; and
(2) includes all areas subject to the 0.2% annual chance flood.
(d) Floodway.
(1) In general.
"Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved to pass the base-flood discharge so that the cumulative increase in the water surface elevation of the base-flood discharge is no more than a designated height. When shown on a FIRM, the floodway is referred to as the "designated floodway."
(2) Considered high-velocity-flow area.
An area shown on a FIRM as a "designated floodway" is considered an area with "high velocity flow", as that term is used in ASCE 24, § 1.2 {"Definitions"}.
(e) Freeboard.
(1) In general.
"Freeboard" is a factor of safety expressed in feet above the:
(i) height of the 0.2% annual chance of flood in the tidal floodplain; or
(ii) base flood elevation in the non-tidal floodplain.
(2) In Baltimore.
The freeboard in Baltimore City is 2 feet.
(f) Functionally dependent use.
(1) In general.
"Functionally dependent use" means, except as otherwise provided in this subsection, any of the following uses that cannot perform their intended purposes unless located or carried out in close proximity to water:
(i) docking facilities that are necessary for the loading and unloading of cargo or passengers; and
(ii) ship building and ship repair facilities.
(2) Exclusions.
"Functionally dependent use" does not include long-term storage or related manufacturing facilities.
(g) Historic structure.
"Historic structure" means a structure that is:
(1) individually listed in the National Register of Historic Places or certified or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing in the Register;
(2) individually listed in the Maryland Register of Historic Properties;
(3) individually listed in the Baltimore City Landmark List; or
(4) certified or preliminarily determined by the Secretary of the Interior as contributing to the historic significance of an historic district registered with the Secretary.
(h) Limit of Moderate Wave Action (LiMWA).
"Limit of Moderate Wave Action (LiMWA)" means the inland limit of the area affected by waves greater than 1.5 feet during the base flood. Base flood conditions between the VE Zone and the LiMWA will be similar to, but less severe than, those in the VE Zone.
(i) Limited storage.
"Limited storage" means storage that is incidental to the primary use of the principal structure and consists of low-damage items that cannot be conveniently stored above the flood-protection elevation.
(j) Lowest floor.
(1) In general.
"Lowest floor" means, except as otherwise provided in this subsection:
(i) the lowest floor of the lowest enclosed area (including basement) of a building or structure; the floor of an enclosure below the lowest floor is not the lowest floor provided the enclosure is constructed in accordance with these regulations; and
(ii) the lowest floor of a manufactured home is the bottom of the lowest horizontal supporting member (longitudinal chassis frame beam).
(2) Exclusions.
"Lowest floor" does not include any unfinished or flood-resistant enclosure that is usable solely for parking vehicles, building access, or limited storage, as long as the enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of the Federal Emergency Management Agency, National Flood Insurance Program.
(k) Manufactured home or building.
(1) In general.
"Manufactured home or building" means a structure, transportable in 1 or more sections, that is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities.
(2) Inclusions.
For floodplain management purposes,"manufactured home or building" includes any park trailer, travel trailer, and other similar vehicle placed on a site for more than 180 consecutive days.
(l) Mixed-use structure.
Any structure that is used or intended for use for a mixture of nonresidential and residential uses in the same structure.
(m) New construction.
Structures include additions and improvements and the placement of manufactured homes, for which the start of construction commenced on or after March 15, 1978, the initial effective date of the City of Baltimore Flood Insurance Rate Map, including any subsequent improvements, alterations, modifications, and additions to such structures.
(1) Exclusions.
"New construction" does not include any structure for which the building permit was issued before March 15, 1978, and the actual start of construction was within 180 days of the permit date.
(2) "Actual start of construction".
As used in paragraph (1) of this subsection, "actual start of construction" means either:
(i) the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or
(ii) the placement of a manufactured home on a foundation.
(3) "Permanent construction".
As used in paragraph (2) of this subsection, "permanent construction" does not include:
(i) land preparation, such as clearing, grading, and filling;
(ii) the installation of streets and walkways;
(iii) excavation for basements, footings, piers, or foundations;
(iv) the erection of temporary forms; or
(v) the installation on the property of accessory structures.
(n) Nonconforming structure.
"Nonconforming structure" means any lawfully existing structure that does not comply with the applicable floodplain regulations of the subdistrict in which it is located.
(o) Nonresidential structure.
"Nonresidential structure" includes the nonresidential portion of a mixed-use structure.
(p) Planning Department.
"Planning Department" means the Baltimore City Department of Planning.
(q) Planning Director.
"Planning Director" means the Director of the Baltimore City Department of Planning or the Director's designee.
(r) Regulated Flood Hazard Area.
"Regulated Flood Hazard Area" means:
(1) any Flood Resilience Area; and
(2) any Special Flood Hazard Area.
(s) Residential structure.
"Residential structure" includes the residential portion of a mixed-use structure.
(t) Special Flood Hazard Area.
(1) In general.
"Special Flood Hazard Area" means the land in a floodplain subject to a 1% or greater chance of flooding in any given year.
(2) By whom and how designated.
Special Flood Hazard Areas are designated by the Federal Emergency Management Agency in the Flood Insurance Study and on the Flood Insurance Rate Map as Zones A, AE, AH, AO, A1-30, and A99, and ZonesV1-30 and VE.
(u) Structure.
(1) In general.
"Structure" means any building or other structure, specifically, a walled and roofed building.
(2) Inclusions.
"Structure" includes a gas or liquid storage tank that is principally above ground, as well as a manufactured home.
(v) Subdivision.
(1) In general.
"Subdivision" means the division or redivision by any means of a lot, tract, or parcel of land into 2 or more lots, tracts, parcels, or other divisions of land.
(2) Inclusions.
"Subdivision" includes a change in existing lot lines for the purpose, whether immediate or future, of lease, transfer of ownership, building, or lot development.
(w) Substantial damage.
(1) In general.
"Substantial damage" means damage of any origin sustained by a structure where the cost of restoring the structure to its before-damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.
(2) Calculation of costs.
(i) The calculation of these costs must comply with FEMA P-758 {"Substantial Improvement / Substantial Damage Desk Reference"}.
(ii) See also § 1-2(x){"Definitions: Substantial improvement"} of this subtitle.
(x) Substantial improvement.
(1) In general.
(i) "Substantial improvement" means, except as otherwise provided in this subsection, any combination of repairs, reconstruction, rehabilitation, additions, or other improvements to a structure made during the 6-year period immediately preceding a permit application, the aggregate cost of which, together with the cost of the work proposed by the latest permit application, equals or exceeds 50% of the fair market value of the structure before the improvement is started.
(ii) The calculation of these costs must comply with FEMA P-758 {"Substantial Improvement / Substantial Damage Desk Reference"}.
(iii) For purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the structure commences, whether or not that alteration affects the external dimensions of the structure.
(2) Inclusions.
"Substantial improvement" includes improvements to a structure that has been substantially damaged, regardless of the actual repair work done.
(3) Exclusions.
"Substantial improvement" does not include either:
(i) an improvement of a structure that is required by a condemnation or violation notice, order, or citation to secure safe living conditions in compliance with State or City health, sanitary, or safety code specifications; or
(ii) an alteration of an historic structure if the alteration will preclude the structure's continued designation as an historic structure as approved by the Executive Director of the Historic and Architectural Preservation.
(y) Water & Science Administration.
"Water & Science Administration" means the Water & Science Administration of the Maryland Department of the Environment.
(z) Wetland.
"Wetland" means any land that is:
(1) considered a "private wetland" or a "State wetland" under Title 9 {"Wetlands and Riparian Rights"} of the State Natural Resources Article; or
(2) defined as a "wetland" by the U.S. Fish and Wildlife Service Identification and Classification Procedures.
(aa) Wet floodproofing.
See "floodproofing".