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Statutes Text

Article - Environment




§5–810.

    (a)    (1)    In this section the following words have the meanings indicated.

        (2)    “FEMA elevation certificate” means the certificate issued by the Federal Emergency Management Agency that certifies official elevation and building data for a property located within a special flood hazard area in order to inform flood insurance premiums.

        (3)    “Moderate–risk flood hazard area” means an area that is:

            (i)    Identified by the Federal Emergency Management Agency as having a 0.2% chance of annual flooding; and

            (ii)    Commonly known as the 500–year floodplain.

        (4)    “Special flood hazard area” means an area that is:

            (i)    Identified by the Federal Emergency Management Agency as having a 1% chance of annual flooding; and

            (ii)    Commonly known as the 100–year floodplain.

    (b)    (1)    The Department shall develop, publish, and maintain a real property flood risk disclosure statement form for use in connection with a sale of residential real property as provided in § 10–716 of the Real Property Article.

        (2)    The flood risk disclosure statement form shall, at minimum, include the following information:

            (i)    Whether the property is located wholly or partly within a special flood hazard area;

            (ii)    Whether the property is located wholly or partly within a moderate–risk flood hazard area;

            (iii)    Whether the property is subject to a requirement under federal law that requires the owner to obtain and maintain flood insurance;

            (iv)    Whether the vendor has knowledge of any past occurrence where an owner received aid for flood damage on the property from the Federal Emergency Management Agency, the U.S. Small Business Administration, or other federal disaster assistance program;

            (v)    Whether the vendor currently has flood insurance for the property;

            (vi)    Whether there is a FEMA elevation certificate available for the property;

            (vii)    Whether the vendor has knowledge of any claims filed for flood damage to the property, including with the national flood insurance program; and

            (viii)    Whether the vendor has knowledge that the property experiences, or has experienced, any flood damage, water seepage, or pooled water due to a natural flooding event, including flooding caused by heavy rainfall, a coastal storm surge, tidal inundation, or river overflows.



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