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Rising Sun introduces updated floodplain ordinance; MDE review to follow
Summary
The Town of Rising Sun introduced Proposed Ordinance 2025-02 on May 13 to update the local floodplain ordinance to match the Maryland Department of the Environment model code and FEMA requirements.
The Town of Rising Sun on May 13 introduced Proposed Ordinance 2025-02, an update to the town’s floodplain management code based on the Maryland Department of the Environment (MDE) model ordinance that aligns local rules with FEMA regulations.
Town Administrator described the ordinance as a substantial document (about 50 pages) that updates citations to state law (replacing older references such as Article 66B with the Land Use Article), adds newly required definitions, and adjusts local procedures to remain eligible for the National Flood Insurance Program. The town’s existing floodplain code (adopted in 2014) needed updates to conform to the state’s model.
Significant changes highlighted include a proposed 5-year cumulative valuation period for calculating “substantial improvement” or “substantial damage” to structures in floodplain areas. Under FEMA guidance, a structure that incurs damage or improvements exceeding 50% of its appraised value must be brought into compliance (often requiring elevation or removal in floodways). The town is recommending that repair and improvement costs be calculated cumulatively over a five-year period before triggering the 50% threshold; staff said they considered other windows (2, 10, 15, 20, 25 years) and judged five years a balanced choice.
Another change replaces references to the Board of Zoning Appeals as the appeals body with a newly created Code Enforcement Appeals Board that staff said is better suited to hear building- and construction-related appeals.
The administrator stressed these provisions apply only to properties designated in floodplain or floodway areas and that regular property-maintenance code enforcement actions are excluded from the 50% calculation. The ordinance will be submitted to MDE for review; the town will not enact the changes as an emergency ordinance and will wait for MDE sign-off before returning the ordinance for final action.
No vote on the ordinance took place at the meeting; the introduction begins the formal review clock with MDE.
The town provided a map description of the floodplain area, noting it runs from the region post area past local businesses, affects the nearby trailer park, crosses Mount Street and extends toward Route 1 and Reynolds Farm Field. Town Administrator emphasized that maintaining the floodplain ordinance is required for residents to participate in the National Flood Insurance Program.
