§ 3-15. Watercourses.

(a) In general.

(1) For any proposed development that involves alteration of a watercourse, unless waived by MDE, the applicant shall develop hydrologic and hydraulic engineering analyses and technical data reflecting such changes, and submit such technical data to the Floodplain Administrator and to FEMA. The analyses shall be prepared by a licensed professional engineer in a format required by MDE and by FEMA for a Conditional Letter of Map Revision and a Letter of Map Revision upon completion of the project.

(2) Submittal requirements and fees shall be the responsibility of the applicant.

(b) Submission requirements.

Alteration of a watercourse may be permitted only upon submission, by the applicant, of the following:

(1) a description of the extent to which the watercourse will be altered or relocated;

(2) a certification by a licensed professional engineer that the flood-carrying capacity of the watercourse will not be diminished;

(3) evidence that adjacent communities, the U.S. Army Corps of Engineers, and MDE have been notified of the proposal, and evidence that the notifications have been submitted to FEMA; and

(4) evidence that the applicant shall be responsible for providing the necessary maintenance for the altered or relocated portion of the watercourse so that the flood carrying capacity will not be diminished.

(1) The Floodplain Administrator may require the applicant to enter into an agreement with the Mayor and City Council specifying the maintenance responsibilities.

(2) If an agreement is required, the permit shall be conditioned to require that the agreement be recorded on the deed of the property which shall be binding on future owners.