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?
- The fees for an FPDP or review of district limits are in accordance with Schedule of Fees for Permits Licenses and Inspections - Method 3. An additional 5% Automation Enhancement Fee is charged on the cost(s) listed above as per Montgomery County Executive Regulation 13-13 - Adoption of an Automation Enhancement Fee.
- Extension Fee – FPDP permits are valid for 2 years. Please see the Schedule of Fees for Permits Licenses and Inspections - Method 3 for extension fees. An additional 5% Automation Enhancement Fee is charged on the cost(s) listed above as per Montgomery County Executive Regulation 13-13.
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
|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|
|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|
|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|
|Applicants with Contact ID Sign In||Sign In|
|Call for More Information|
|In Montgomery County||311|
|Outside of Montgomery County||240-777-0311|
|Other Agencies to Contact|
|Other Agencies and Utilities to Contact||Allegheny Power|
|Baltimore Gas & Electric Co. (BG&E)|
|Board of Appeals|
|Maryland Department of the Environment|
|Montgomery County Department of Environmental Protection (MCDEP)|
|MNCPPC: MC Atlas|
|Montgomery Soil Conservation District|
|Potomac Electric Power Company (PEPCO)|
|Washington Gas Light Co.|