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Allegany County, MD Environmental Rules: Flood Zones (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

FEMA flood zone rules in Allegany County, MD, also called floodplain regulations or special flood hazard area (SFHA) rules, determine flood insurance requirements and elevation standards for new construction.

Key Facts

Governing chapter
Chapter 325, Floodplain Management (2020)
Trigger
Any development in a mapped flood hazard area
Permit validity
180 days to start work, 90-day extensions
Penalty
$500 fine per day, misdemeanor (§ 325-8C)
NFIP participation
Since February 18, 1981

Summary

In unincorporated Allegany County, County Code § 325-3D makes it unlawful to fill, grade, build, place a manufactured home, or alter a watercourse in any flood hazard area identified under § 325-1E without first getting a floodplain development permit. No permit can issue until the county's Chapter 325 floodplain standards are met.

These county ordinances apply to unincorporated areas of Allegany County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

It shall be unlawful for any person to begin any development or construction which is wholly within, partially within, or in contact with any flood hazard area established in § 325-1E, including but not limited to filling; grading; construction of new structures; the substantial improvement of buildings or structures, including repair of substantial damage; placement or replacement of manufactured homes, including substantial improvement or repair of substantial damage of manufactured homes; erecting or installing a temporary structure, or alteration of a watercourse, until a permit is obtained from Allegany County. No such permit shall be issued until the requirements of these regulations have been met.

Full Breakdown

Allegany County adopted its current floodplain ordinance, Chapter 325, on January 16, 2020 under Bill No. 3-19, effective April 3, 2020, replacing the 1991 version, to keep the county's participation in the National Flood Insurance Program dating back to February 18, 1981. Section 325-3D(1) states plainly that it is unlawful to "begin any development or construction which is wholly within, partially within, or in contact with any flood hazard area," listing filling, grading, new construction, substantial improvement of existing buildings, placement or replacement of manufactured homes, temporary structures, and alteration of a watercourse as covered activities, "until a permit is obtained from Allegany County." The floodplain administrator will not issue that permit until the applicant meets the standards spelled out in the rest of Chapter 325.

Under § 325-3D(2), work in nontidal waters of the state may also need a separate permit from the Maryland Department of the Environment under COMAR 26.17.04, but a county permit is still required in addition to any state sign-off. Applications go through the floodplain administrator under § 325-3E, and must include site plans, existing ground elevations, and delineation of the special flood hazard area, floodway and base flood elevations before work can begin. Once issued, a floodplain development permit under § 325-3D(3) is only valid if construction actually starts within 180 days, though the floodplain administrator can grant extensions of up to 90 days at a time.

Building without this permit is enforced under § 325-8, and the county can pursue civil or criminal remedies for unpermitted development in a mapped flood hazard area.

Violations & Fines

Building or developing in a mapped flood hazard area without the § 325-3D permit, or violating any permit condition, is enforced under § 325-8 with a written notice of violation or a stop-work order. Failure to comply is a misdemeanor carrying a $500 fine under § 325-8C, and each day the violation continues is a separate offense until the work is corrected.

Frequently Asked Questions

What triggers the need for a floodplain permit in Allegany County?
Any filling, grading, new construction, substantial improvement, manufactured home placement, temporary structure, or watercourse alteration wholly or partly within a flood hazard area identified under § 325-1E requires a permit from Allegany County under § 325-3D before the work can start.
Can I get a state permit instead of a county floodplain permit?
No. Section 325-3D(2) requires a county permit in addition to any Maryland Department of the Environment approval needed for work in nontidal waters of the state under COMAR 26.17.04; the county permit does not disappear just because MDE also has jurisdiction.
What happens if I build in a flood hazard area without a permit?
The floodplain administrator can issue a notice of violation or a stop-work order under § 325-8B, and failing to correct the violation is a misdemeanor punishable by a $500 fine under § 325-8C, with each day of continued violation treated as a separate offense.

Sources & Official References

Other rules in Allegany County

All Allegany County rules

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