D.C. Mun. Regs. app 12-A-G r. 12-A-G101
Purpose. The purpose of this appendix is to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific flood hazard areas through the establishment of comprehensive regulations in the Construction Codes for management of construction activities in flood hazard areas that meet the requirements of the National Flood Insurance Program for District of Columbia participation as set forth in the Code of Federal Regulations, Title 44, Section 59.22.
Floodplain Management Regulations of the District of Columbia. The flood-resistant construction provisions of the Construction Codes, including this appendix, in combination with the Department of Energy and Environment (DOEE)'s flood resilience rules, set forth in Title 20, Chapter 31 of the District of Columbia Municipal Regulations (DCMR) ("DOEE Flood Resilience Rules"), and Section 6-502 of the D.C. Official Code (2018 Repl.), comprise the Floodplain Management Regulations of the District of Columbia. The Floodplain Administrator retains all floodplain management responsibilities that are not assigned to the code official.
Conflict between DOEE Flood Resilience Rules and Flood-Resistant Construction Provisions of the Construction Codes. The flood-resistant construction provisions of the Construction Codes, including but not limited to those set forth in Chapter 1 and Appendix G of the Building Code, are intended to meet requirements necessary for the District of Columbia to participate in the National Flood Insurance Program, and shall take precedence over any provisions in Title 20, Chapter 31 of the DCMR that apply to proposed development of a development site located wholly or partially within a flood hazard area that is within the scope of Appendix G, except to the extent that Appendix G requires the code official to seek review, approval and/or involvement by the Floodplain Administrator. Floodplain management responsibilities delegated by Appendix G to the building code official, include, but are not limited to, permitting of work in flood hazard areas and inspection of work in flood hazard areas for which permits have been issued.
Objectives. The objectives of this appendix, in combination with the flood-resistant construction provisions of the Construction Codes, are to protect human life, minimize the expenditure of public money for flood control projects, minimize the need for rescue and relief efforts associated with flooding, minimize prolonged business interruption, minimize damage to public facilities and utilities, help maintain a stable tax base by providing for the sound use and development of flood-prone areas, contribute to improved construction techniques in the floodplain and ensure that potential owners and occupants are notified that property is within flood hazard areas.
Scope. The provisions of this appendix, in combination with the flood-resistant construction provisions of the Construction Codes, shall apply to all proposed development on a development site that is wholly or partially within a flood hazard area established in 20 DCMR Chapter 31, including certain work exempt from permit under Section 105.2 of the Building Code, 12-A DCMR.
Administration and Enforcement. The administrative and enforcement provisions of Chapter 1 of the Building Code, 12-A DCMR, shall apply to any development within the scope of this appendix, and to any permits and inspections relating thereto.
Violations. Any violation of a provision of this appendix, or failure to comply with a permit or code modification associated with a permit issued pursuant to this appendix or any requirement of this appendix, shall be handled in accordance with the administration and enforcement provisions set forth in Chapter 1 of the Building Code, 12-A DCMR.
Warning. The degree of flood protection required by the Floodplain Management Regulations of the District of Columbia is considered the minimum reasonable degree of protection for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur. Flood heights may be increased by man-made or natural causes. This appendix does not imply that land outside of mapped flood hazard areas, or that uses permitted within such flood hazard areas, will be free from flooding or flood damage. No guarantee of vested use, existing use, or future use is implied or expressed by compliance with the Floodplain Management Regulations of the District of Columbia.
Disclaimer of Liability. The Floodplain Management Regulations of the District of Columbia shall not create liability on the part of the District of Columbia or by any official or employee thereof for any flood damage that results from reliance on the Floodplain Management Regulations of the District of Columbia or any administrative decision lawfully made thereunder.
D.C. Mun. Regs. app 12-A-G r. 12-A-G101