3101.1 This Chapter shall apply to all flood hazard areas within the jurisdiction of the District of Columbia (the District) as designated by the District or in the Flood Insurance Rate Map (FIRM) and Flood Insurance Study (FIS) for the District prepared by the Federal Emergency Management Agency (FEMA). The effective FIS dated September 27, 2010, and the accompanying FIRM, as modified by any FEMA-approved Letters of Map Change, are hereby adopted by reference and shall serve as the basis for establishing one hundred (100)-year and five hundred (500)-year flood hazard areas. Maps and studies that establish flood hazard areas, including interior flooding areas, are maintained at the Department of Energy and Environment (DOEE) and are posted on DOEE's website at http://doee.dc.gov.

3101.2 The flood hazard area is:

(a) The land inside the one hundred (100)-year floodplain (Zones A, AE, A1-30, A99, AR, AO, or AH) in accordance with the FEMA Flood Insurance Rate Map, effective September 27, 2010, and subsequent revisions and amendments as approved by FEMA;

(b) The land inside the five hundred (500)-year floodplain (Zone X (shaded)) in accordance with the FEMA Flood Insurance Rate Map, effective September 27, 2010, and subsequent revisions and amendments as approved by FEMA:

(c) The land that has been removed from the five hundred (500)-year floodplain (including Zones A, AE, A1-30, A99, AR, AO, AH, or X (shaded) if done through a Letter of Map Revision Based on Fill (LOMR-F), and

(d) For the Rhode Island Avenue Metro underpass area, the land that is below the NAVD88 elevation of ninety-four and one-half feet (94.5 ft.) and is within a five hundred foot (500 ft.) radius of the point on Rhode Island Avenue NE with these coordinates: 38° 55.2593'N 76° 59.8217'W.

3101.3 Compliance with this chapter does not relieve a person of responsibility and liability for damage to any persons or property caused by flooding.

3101.4 A person who is regulated under this chapter may authorize an agent to act on their behalf. However, the authorization does not change or eliminate that regulated person's duty, responsibility, or liability.

3101.5 In the event of a conflict between the requirements of this chapter and those of

any other rule issued by DOEE, the more stringent restriction shall govern, to the extent consistent with applicable District statutes and federal law.

3101.6 In the event of a conflict between the requirements of this chapter and those of a deed restriction, covenant, or easement adopted after [effective date of final rules], the more stringent restriction shall govern.

SOURCE: Final Rulemaking published at 32 DCR 6547 (November 15, 1985); as amended by Notice of Final Rulemaking published at 57 DCR 10764, 10765 (November 19, 2010); as amended by Final Rulemaking published at 72 DCR 006821 (June 20, 2025).