Baltimore City Code, Article 7, § 3-23 In general.
§ 3-23. In general.
In the Floodway, the following regulations and restrictions apply.
(Ord. 14-208; Ord. 88-188.)
Floodway Regulations
Baltimore City Code art. 7, div. I, subtit. 3, pt. 3
in effectBaltimore City Code, Article 7, § 3-24 New private principal structures prohibited.
§ 3-24. New private principal structures prohibited.
New construction of private principal structures, whether residential, commercial, or industrial, is prohibited.
(Ord. 14-307; Ord. 14-208; Ord. 92-134; Ord. 88-188.)
Baltimore City Code, Article 7, § 3-25 All development requires offset.
§ 3-25. All development requires offset.
Public infrastructure and environmental projects taking place on public land that aim to improve drainage and water quality are permitted in the floodway if:
(1) the development complies with all otherwise applicable requirements of this Division I;
(2) the effect of that development on flood heights is fully offset by accompanying stream modification; and
(3) the development is approved by all appropriate local authorities, the State Water & Science Administration, and the U.S. Army Corps of Engineers.
(Ord. 21-020; Ord. 14-208; Ord. 11-516; Ord. 92-134; Ord. 88-188.)
Baltimore City Code, Article 7, § 3-26 Engineering report.
§ 3-26. Engineering report.
(a) Report required.
Any proposal to offset the effect of development in the Floodway by construction of stream modifications must be documented by an engineering report, prepared by a licensed professional engineer, that fully evaluates the effects of the construction and is submitted with the application for a building permit.
(b) Basis.
As the basis of analysis, the report must use the base flood and floodway data prepared by the Federal Emergency Management Agency.
(Ord. 14-208; Ord. 11-516; Ord. 88-188.)
Baltimore City Code, Article 7, § 3-27 Map revision.
§ 3-27. Map revision.
Any development in the floodway that proposes to increase the water surface elevation or change the delineation of the floodway requires a Conditional Letter of Map Revision and a Letter of Map Revision as described in § 3-21 {“Letter of map change”} of this subtitle.
(Ord. 21-020; Ord. 14-208; Ord. 11-516; Ord. 92-134; Ord. 88-188.)
Baltimore City Code, Article 7, § 3-28 Alternative analysis.
§ 3-28. Alternative analysis.
(a) Required for permit.
Before a permit may be issued for any allowed development in the Floodway, the applicant must prepare and submit to the Planning Department an alternative analysis in accordance with this section.
(b) Scope of analysis.
The alternative analysis must demonstrate that:
(1) no reasonable alternative exists outside of the Floodway;
(2) the encroachment in the Floodway is the minimum necessary;
(3) the development will withstand a base flood without significant damage; and
(4) on the basis of hydrologic and hydraulic analyses, prepared by a licensed professional engineer in accordance with the requirements of the Federal Emergency Management Agency and the Maryland Department of the Environment, the development:
(i) will not result in any increase in the base-flood elevation; and
(ii) will neither increase downstream or upstream flooding or erosion nor significantly contribute to debris.
(Ord. 14-208; Ord. 11-516; Ord. 92-134; Ord. 88-188.)
Baltimore City Code, Article 7, § 3-29 Changes to existing structures.
§ 3-29. Changes to existing structures.
(a) Substantial improvements.
(1) An existing structure in the Floodway may be substantially improved only:
(i) by variance;
(ii) if the structure can be brought into conformance with this Division I without increasing its existing footprint; and
(iii) if all residential uses of the structure are provided egress outside of the base flood.
(2) Substantial improvement of a nonconforming structure, regardless of location, may only be undertaken in compliance with this Division I and any other applicable law.
(b) Substantial damage or proposed replacement.
(1) In the event of substantial damage or proposed replacement, the applicant must submit an alternative analysis to determine if the structure can be relocated to a less hazardous site.
(2) Where replacement structures cannot be relocated, they must be limited to the footprint of the previous structure.
(3) Any replacement structure must meet all applicable requirements of this Division I.
(c) Elevation or floodproofing.
The modification, alteration, repair, reconstruction, or improvement of any nonconforming structure amounting to less than a substantial improvement must be elevated or floodproofed to the greatest extent possible.
(d) Nuisance to be eliminated.
Uses or their adjuncts that are or become nuisances may not be permitted to continue.
(Ord. 14-208; Ord. 92-134; Ord. 88-188.)
Baltimore City Code, Article 7, § 3-30 Prohibited structures.
§ 3-30. Prohibited structures.
(a) Manufactured homes or buildings.
The placement of any manufactured homes or buildings is prohibited.
(b) Fences, enclosures, etc.
The following may not be placed or caused to be placed in the Floodway:
(1) fences, except 2-rail or single-cable fences; and
(2) any enclosures or materials (including fill) that:
(i) might impede, retard, or change the direction of the flow of water;
(ii) will catch or collect debris carried by water; or
(iii) is placed where the natural flow of stream or floodwaters would carry enclosures or materials downstream to the damage or detriment of public or private property in or adjacent to the floodplain.
(Ord. 14-208; Ord. 88-188.)
Baltimore City Code, Article 7, §§ 3-31 to 3-32 {Reserved}
Source: City of Baltimore Department of Legislative Reference, City of Baltimore Law Library (codes.baltimorecity.gov; Open Law Library bulk XML)URL: https://codes.baltimorecity.gov/us/md/cities/baltimore/code/7/I/3/3Fetched: 10/25/2026