3113.1 In addition to all other applicable provisions of this chapter, new construction of critical facilities or substantial improvement of existing critical facilities in the flood hazard areas shall comply with the additional requirements described in this section.

3113.2 The applicant shall submit materials demonstrating that:

1. (a) The development project has received all applicable federal and District authorizations, including approvals related to stormwater management and soil erosion and sediment control;
2. (b) There is no practical alternative for development outside the flood hazard area;
3. (c) In determining the proposed location, the applicant has considered the likelihood of inundation by sea level rise and the increased intensity of rainfall and its associated flooding over the course of the life of the critical facility structure;
4. (d) The development is designed to avoid or, in the alternative, minimize environmental and structural damage and other flood-related impacts from floods and from sea level rise; and
5. (e) Specific flood mitigation measures are incorporated into the design of the facility to protect the development and access to it.

3113.3 The applicant shall submit for DOEE's review:

1. (a) A comprehensive resilient systems plan that demonstrates how any equipment and systems supporting critical functions of the development will be protected during a flood to the height of the DFE; and
2. (b) An evacuation plan that fully explains how any evacuation of the site before or during a one hundred (100)-year or five hundred (500)-year flood would proceed, by providing for:
3. (1) Adequate vehicle access at all times and conditions; and
4. (2) Alternate escape routes.

SOURCE: Final Rulemaking published at 57 DCR 10782 (November 19, 2010); as amended by Final Rulemaking published at 72 DCR 006821 (June 20, 2025).