D.C. Mun. Regs. tit. 20, r. 20-3102

Current through Register Vol. 71, No. 36, September 6, 2024

Rule 20-3102 - ROLES AND RESPONSIBILITIES

3102.1

The Director of the District Department of the Environment (the Department or DDOE) is designated as the Floodplain Administrator.

3102.2

The duties and responsibilities of the Floodplain Administrator shall include, but not be limited to:

(a) Coordinating the review and approval process between the Department of Consumer and Regulatory Affairs (DCRA) and DDOE in order to ensure that the applicant for a building permit in an SFHA complies with the applicable requirements of this chapter, and that the site is reasonably safe from flooding;

(b) As necessary, interpreting SFHA boundaries where there appears to be a conflict between a mapped boundary and actual field conditions, and providing available base flood elevation and flood hazard information;

(c) Reviewing additional hydrologic, hydraulic, or other engineering data and studies required to support the request for a Letter of Map Change from FEMA;

(d) Maintaining copies of the FIRM and FIS, and all revisions and amendments to the flood maps and studies, which shall be on file at the Watershed Protection Division, District Department of the Environment, and posted on the Department's website at http://ddoe.dc.gov;

(e) Ensuring that all records that are necessary for the administration of this Chapter are maintained and permanently kept, and made available for public inspection, including FIRMs, FISs, Letters of Map Amendment, and Letters of Map Revision, required certifications and documentation specified by this Chapter;

(f) Either requiring that applicants for building permits provide notifications to adjacent communities and FEMA related to alterations of watercourses, or providing public notification of alterations of watercourses;

(g) Ensuring that records of as-built lowest floor elevations or Elevation Certificates, Floodproofing Certificates, and other certifications or proof of compliance required by § 3104 are maintained; and

(h) Providing annual progress reports to Council and reports to the Federal Insurance Administrator, as required by FEMA.

3102.3

The duties and responsibilities of DCRA, by the Code Official, shall include but not be limited to:

(a) Issuing building permits for all new construction and development, including substantial improvements, within any SFHA; and

(b) Ensuring that all new construction and development, including substantial improvements, in any SFHA is compliant with all of the adopted Construction Codes and ASCE 24, and the requirements of this Chapter where specified.

3102.4

Each agency identified in this Chapter shall be responsible for the implementation of the substantive requirements of this Chapter. For example, the provisions of this Chapter regarding structural requirements are regulated and enforced by DCRA under the District's Building Code, while land disturbing activities such as excavation, filling, grading, and determination of base flood elevations and impacts on flood elevations, continue to be regulated and enforced by DDOE. Applicants for construction and development in the flood hazard areas are required to obtain a building permit from DCRA, the application for which will be reviewed by the relevant agencies identified in this Chapter for compliance with this Chapter. Subdivision applications will be filed with DCRA, and then sent to DDOE for review of the SFHA boundaries. If a subdivision is greater than fifty (50) lots or five (5) acres, whichever is the lesser, then the applicant will be required to provide base flood elevation data with the subdivision application to be reviewed by DDOE.

D.C. Mun. Regs. tit. 20, r. 20-3102

Final Rulemaking published at 32 DCR 6547, 6548 (November 15, 1985) as amended by Final Rulemaking published at 35 DCR 962 (February 12, 1988); as amended by Notice of Final Rulemaking published at 57 DCR 10765 (November 19, 2010)

20 DCMR 3102 is formerly entitled, "Building Permits."

Authority: The Acting Director of the District Department of the Environment (the Department, or DDOE), in accordance with the authority set forth in the District Department of the Environment Establishment Act of 2005, effective February 15, 2006 (D.C. Law 16-51; D.C. Official Code § 8-151.01 et seq.), the Water Pollution Control Act of 1984, as amended, effective March 16, 1985 (D.C. Law 5-188; D.C. Official Code § 8-103.01, et seq.), the Soil Erosion and Sedimentation Control Act of 1977 (D.C. Law 2-23; codified at Chapter 21 of District of Columbia Municipal Regulations (DCMR), §§ 500 through 507), the District of Columbia Applications Insurance Implementation Act, (District of Columbia Law 1-64, D.C. Official Code § 6-501, et seq.), and Mayor's Order 2006-61, dated June 14, 2006.