§ 1-9. Findings, intent, and design.

(a) Findings.

(1) Certain areas of Baltimore City are subject to periodic inundation that results in loss of life and property, risks to health and safety, disruption of commerce and governmental services, and extraordinary public expenditures for flood protection and relief.

(2) Flood losses and associated losses are created by structures inappropriately located, inadequately elevated, or otherwise unprotected and vulnerable to floods or erosion or by development that increases flood or erosion damage to other lands or development.

(3) The biological values of floodplains, particularly tidal and non-tidal wetlands, can be adversely affected by floodplain development.

(4) Baltimore City has the responsibility under the Flood Hazard Management Act of 1976, Title 5, Subtitle 8 of the State Environment Article, to control floodplain development in order to protect persons and property from danger and destruction and to preserve the biological values and environmental quality of the watersheds or the portions of watersheds under its jurisdiction.

(5) Baltimore City has the responsibility under the National Flood Insurance Act of 1968 and the Flood Disaster Protection Act of 1973 to adopt and enforce floodplain management regulations that, at a minimum, meet the requirements of 44 Code of Federal Regulations Parts 55-77 et seq., in order to participate in the National Flood Insurance Program and remain eligible for federally subsidized flood insurance, federal disaster relief, and Federal and State financial assistance.

(6) Baltimore City contains densely developed tidal shorelines that are and will continue to be in high demand. The science behind climate change acknowledges that sea-level rise and coastal flooding will impact current and future development along the shoreline. Floodplain regulations are meant to protect people and property while making the City more resilient to the impacts from natural disasters and climate change.

(b) Intent.

It is, therefore, the intent of the Mayor and City Council by this Division I:

(1) to protect human life and health;

(2) to minimize public and private property damage;

(3) to encourage the utilization of appropriate construction practices in order to prevent or minimize flood damage in the future;

(4) to protect individuals from unwittingly buying lands and structures that are unsuited for intended purposes because of the flood hazards;

(5) to protect water supply, sanitary sewage disposal, and natural drainage;

(6) to reduce financial burdens imposed on the community, its governmental units, and its residents by preventing the unwise design and construction of development in areas subject to flooding;

(7) to provide for public awareness of the flooding potential; and

(8) to provide for the biological and environmental quality of the watersheds or the portions of watershed located in Baltimore City.

(c) Design.

This Division I provides a unified comprehensive approach to floodplain management that addresses the requirements of the following Federal and State programs concerned with floodplain management:

(1) the National Flood Insurance Program and the President's Executive Order 11988 of May 27, 1977, on floodplain management;

(2) the State Waterway Construction Permit Program;

(3) the State Wetlands Permit Program;

(4) the U.S. Army Corps of Engineers' Section 10 and Section 404 Permit Programs; and

(5) the State Coastal Zone Management Program.

(d) Warning and disclaimer of liability.

(1) Warning.

The degree of flood protection required by these regulations is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur, and flood heights may be increased by man-made or natural causes. These regulations do not imply that land outside of the special flood hazard areas or uses that are permitted within those areas will be free from flooding or flood damage.

(2) Disclaimer of liability.

These regulations shall not create liability on the part of the City of Baltimore, any of its officers or employees, the Maryland Department of the Environment (MDE), or the Federal Emergency Management Agency (FEMA) for any flood damage that results from reliance on these regulations or any administrative decision lawfully made hereunder.