Board affirms DPIE denial of floodplain waiver for College Park lot, citing unsafe access in 100-year event

The Prince George's County Board of Appeals on Sept. 24 voted 3-0 to affirm the Department of Permitting, Inspections and Enforcement's (DPIE) denial of a floodplain waiver for Lot 13 at 7510 Columbia Avenue in College Park, owned by Joseph Magnotta.

The board's action affirms DPIE's March 28, 2025 written determination that the site cannot demonstrate "safety of access" during a hundred-year flood event, a threshold DPIE and the county fire/EMS have set at no more than six inches of flood depth for assured emergency access. DPIE testimony said modeled flood depths at the site range from roughly 2.2 to 3.7 feet above street level, well above the county's six-inch safe-access threshold. Vice Chair Johnston moved to affirm DPIE's denial; Member Stanton seconded. Chair Bower, Vice Chair Johnston and Member Stanton voted aye.

DPIE associate director Reynaldo De Guzman told the board the county uses a separate county floodplain analysis (watersheds greater than 50 acres) distinct from FEMA mapping. He cited County Code Subtitle 32 and DPIE guidance (Technogram 004-2020) explaining that floodplain waivers must be based solely on the physical characteristics of the land and cannot be approved where access for emergency vehicles cannot be guaranteed in a flood. "If a site cannot demonstrate safety of access to the property in times of a flood, these sites are not eligible for a floodplain waiver," De Guzman said.

Magnotta, who bought the lot at tax sale and has sought to construct a single-family home, argued the lot is a legally platted residential parcel and that nearby properties with similar floodplain mapping have been occupied or previously expanded. He described steps he took after purchase, including removing an unsafe garage, obtaining approvals from the Old Town College Park historic commission to raise and document a shed, and preparing a site survey. He told the board DPIE's denial effectively left the lot without a viable economic use and said he has spent more than $100,000 pursuing development and remediation. "I can't raise the county's roads. That's correct. But I can raise my property 5 or 6 feet and just put a stair to the front door," Magnotta said, while noting DPIE's view that elevated fill would not resolve the agency's safe-access concern because surrounding roadways remain below the flood elevation.

DPIE and county counsel told the board the agency applied its published standards consistently and that the safe-access factor is intended to protect life and health and to preserve the county's Community Rating System standing with FEMA. DPIE staff also said past building permits issued decades ago occasionally proceeded without the same floodplain review because grading and building reviews were administratively separated; DPIE representatives said the agency has tightened review since consolidation of permitting functions.

The board's written order will be added to the administrative record; the motion to affirm DPIE's denial does not by itself provide a path for building permits. Magnotta's attorney, Peter Goldsmith, asked for remand or for the county to reconsider allowing construction on piles or stem walls rather than large quantities of imported fill; the board did not adopt that remedy and affirmed the agency decision.

The transcript and exhibits in the case record include DPIE floodplain inquiry materials, meeting minutes from a Sept. 30, 2024 DPIE- petitioner meeting, the March 28, 2025 denial letter from Deputy Director Mary Giles, and petitioner-provided site surveys and historic-preservation approvals. The board noted the technical nature of the appeal but concluded DPIE's decision was supported by the county's floodplain ordinance and guidance.