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Flooodplain District Permit


What is a Floodplain District Permit (FPDP)?

The purpose of a Floodplain District Permit (FPDP) is to control floodplain development in order to protect persons and property from danger and destruction and to preserve environmental quality.

     Floodplain district: Any area specified in Executive regulations that is subject to inundation in a 100-year storm. This includes any waterway with a drainage area of 30 acres or larger.

     Floodplain district permit: A permit issued by the Department under this article authorizing land-disturbing and construction activities.

     Floodplain district permit plan: A set of representational drawings or other documents submitted by an applicant to obtain a floodplain district permit that contains the information and specifications the Department requires minimizing the safety hazards of or the negative hydraulic and environmental impacts associated with development in or near a floodplain.

When is a Floodplain District Permit Required?

A permit is required for any land-disturbing activity within the floodplain district (including associated 25' Building Restriction Line) and for temporary or permanent construction involving the placement of a structure, regardless of the size of the disturbed area. Montgomery County Code Chapter 19 ArticleIII and Executive Regulation 108-92 govern construction activity in or near a 100-year floodplain.

What type of activities are exempt from FPDPs?

A FPDP is not required for:

  • Agricultural practices, except for the construction of agricultural structures.
  • Nursery operations
  • Any federal or state project exempt under state or federal law.

However, any activities in the Floodplain District are subject to DPS staff review.

What is the FPDP a application process?

Submit a completed Floodplain District Permit Application with appropriate supporting information and appropriate application fees. The owner of the property where the land-disturbing activity is to be performed, or the owner's authorized agent, must sign the application .Please refer to the second page of the FPDP Application for submittal requirements. An application for a permit must be accompanied by a Sediment Control Plan where applicable.

(a) The permit must be issued only in the name of the current property owner.

            (b)     Plans must be prepared and certified by a registered Professional Engineer.

What are the conditions of FPDP approval?

A FPDP will be issued when the applicant, through his/her permit application, has successfully demonstrated that:

  • No reasonable alternatives exist outside the floodplain
  • Encroachment in the floodplain is minimized
  • Any temporary or permanent structure will withstand the 100-year flood without significant damage
  • Development will not aggravate downstream or upstream flooding or erosion.

What are the requirements for FPDP inspection?

The permittee must notify the Department of Permitting Services 48 hours before commencing any permitted land disturbing activities and also arrange a pre-construction meeting with the department.

What other agencies are involved?

A waterway construction permit from the State of Maryland Department of the Environment (MDE)  may be required. 

What will the FPDP cost?

 

When will I receive my FPDP?

  • A FPDP associated with an Engineered Sediment Control permit review typically takes approximately one to three months. The FPDP is issued immediately prior to issuance of the Sediment Control Permit.
  • All other permits take approximately four weeks for approval.

Actual processing time may vary according to workload/project complexity

 

Application Package
Floodplain District Permit Application Floodplain District Permit Application
Floodplain Study Information Floodplain Study
Sediment Control Permit Application Sediment Control Permit Application
Sediment Control Permit Information Sediment Control Permit
Stormwater Concept Application Stormwater Concept Application
Fees and Taxes
Fees for Floodplain District Permit (See page 7) Executive Regulation 15-13
Automation Enhancement Fee Regulation (5% Automation Fee) Executive Regulation 13-13
Credit Card Authorization Form Credit Card Authorization Form
Bonds
General Bond Information Bond Information
Performance Bond Performance Bond Sample
Letter of Credit Letter of Credit Sample
Codes, Standards, Executive Regulations
Montgomery County Code - Chapter 19 Montgomery County Code
Guidelines, Memorandum of Understandings, Interpretations
Water Resource Section Standards, Guidelines and Helpful Information DPS Water Resources Section Guidelines
Stormwater Management Concept Information Stormwater Concept
Inspection Requirements
Sediment Control and Stormwater Management Inspections Sediment Control Inspections
Frequently Asked Questions
311 Web Portal: Enter key word "Floodplain" http://www3.montgomerycountymd.gov/311
Online Permitting Status Information and Inspections
Online Permit Status Search DPS
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Call for More Information
In Montgomery County 311
Outside of Montgomery County 240-777-0311
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