Sec. 27.02.01.01. Definitions

A. In this subtitle, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Afforestation” means the establishment of a tree crop on an area from which it has always or very long been absent, or the planting of open areas which are not presently in forest cover.

(2) “Agriculture” means all methods of production and management of livestock, crops, vegetation, and soil. This includes, but is not limited to, the related activities of tillage, fertilization, pest control, harvesting, and marketing. It also includes, but is not limited to, the activities of feeding, housing, and maintaining of animals such as cattle, dairy cows, sheep, goats, hogs, horses, and poultry, and handling their by-products.

(3) “Anadromous fish” means fish that travel upstream (from their primary habitat in the ocean) to freshwaters in order to spawn.

(4) Aquaculture.

(a) “Aquaculture” means the farming or culturing of finfish, shellfish, other aquatic plants or animals, or both, in lakes, streams, inlets, estuaries, and other natural or artificial water bodies or impoundments.

(b) Aquaculture activities include the hatching, cultivating, planting, feeding, raising, and harvesting of aquatic plants and animals and the maintenance and construction of necessary equipment, buildings, and growing areas.

(c) Aquaculture cultivation methods include, but are not limited to, seed or larvae development and grow-out facilities, fish pens, shellfish rafts, racks and longlines, seaweed floats, and the culture of clams and oysters on tidelands and subtidal areas. For the purpose of this definition, related activities such as wholesale and retail sales, processing, and product storage facilities are not considered aquacultural practices.

(5) “Best management practices (BMPs)” means conservation practices or systems of practices and management measures that control soil loss and reduce water quality degradation caused by nutrients, animal waste, toxics, and sediment. Agricultural BMPs include, but are not limited to, strip cropping, terracing, contour stripping, grass waterways, animal waste structures, ponds, minimal tillage, grass and naturally vegetated filter strips, and proper nutrient application measures.

(6) Buffer.

(a) “Buffer” means an area that:

(i) Based on conditions present at the time of development, is immediately landward from mean high water of tidal waters, the edge of each bank of a tributary stream, or the landward boundary of a tidal wetland; and

(ii) Exists or may be established in natural vegetation to protect a stream, tidal wetland, tidal waters, or terrestrial environment from human disturbance.

(b) “Buffer” includes an area of:

(i) At least 100 feet, even if that area was previously disturbed by human activity; and

(ii) Expansion for contiguous areas, including a steep slope, hydric soil, highly erodible soil, nontidal wetland, or a Nontidal Wetland of Special State Concern as defined in COMAR 26.23.01.01.

(7) “Clearcutting” means the removal of the entire stand of trees in one cutting with tree reproduction obtained by natural seeding from adjacent stands or from trees that were cut, from advanced regeneration or stump sprouts, or from planting of seeds or seedlings by man.

(7-1) “Climate” means a long-term trend in weather that extends over multiple decades.

(7-2) “Climate resilient practice” means a management measure that, in the context of sea level rise, increasing tidal inundation, increasing average temperatures, precipitation changes, and coastal and riverine flooding:

(a) Guides and informs decisions regarding the siting, design, construction, or reconstruction of a development project; and

(b) Enables a natural system to absorb disturbance and adapt while undergoing change, so as to retain essentially the same identity, structure, and function.

(8) “Cluster development” means a residential development in which dwelling units are concentrated in a selected area or selected areas of the development tract so as to provide natural habitat or other open space uses on the remainder.

(8-1) “Coastal hazard” means an episodic, naturally occurring event or long-term coastal process that causes, or has foreseeable potential to cause, substantial damage to a given stretch of shoreline or a coastal area, including a coastal storm, a tsunami, a flood, shore erosion, and land subsidence.

(9) “Colonial nesting water bird” has the meaning stated in COMAR 27.01.01.01.

(10) “Commercial harvesting” means a commercial operation that would alter the existing composition or profile, or both, of a forest, including all commercial cutting operations done by companies and private individuals for economic gain.

(11) “Commission” means the Critical Area Commission for the Chesapeake and Atlantic Coastal Bays.

(12) “Cover crop” means the establishment of a vegetative cover to protect soils from erosion and to restrict pollutants from entering the waterways. Cover crops can be dense, planted crops of grasses or legumes, or crop residues such as corn, wheat, or soybean stubble which maximize infiltration and prevent runoff from reaching erosive velocities.

(13) Critical Area.

(a) “Critical Area” means the Chesapeake Bay Critical Area and the Atlantic Coastal Bays Critical Area except areas excluded under Natural Resources Article, §8-1807(d), Annotated Code of Maryland.

(b) “Critical Area” includes:

(i) The initial planning area of the Chesapeake Bay Critical Area consisting of all waters of and lands under the Chesapeake Bay and its tributaries to the head of tide as indicated on the State wetlands maps, and all State and private wetlands designated under Environment Article, Title 16, Annotated Code of Maryland;

(ii) The initial planning area of the Atlantic Coastal Bays Critical Area consisting of all waters of and lands under the coastal bays and their tributaries to the head of tide as indicated on the State wetlands maps, and all State and private wetlands designated under Title 16 of the Environment Article;

(iii) Except in accordance with §B(13)(b)(iv) of this regulation, all water and land areas within 1,000 feet beyond the landward boundaries of State or private wetlands and the heads of tides designated under Environment Article, Title 16, Annotated Code of Maryland;

(iv) All water and land areas within 1,000 feet beyond the landward boundaries of State or private wetlands as shown on the Statewide Base Map in accordance with Ch. 119, Acts of 2008, where the process of transition from reliance on the State wetlands maps to the Statewide base maps has occurred and these maps were approved by the Commission; and

(v) Modification to these areas through inclusions or exclusions proposed by local jurisdictions and approved by the Commission as specified in Natural Resources Article, 8-1807, Annotated Code of Maryland.

(13-1) “Design life” means the projected life expectancy of a structure or project.

(14) “Development” has the meaning stated in COMAR 27.01.01.01.

(15) “Developed woodlands” means an area of trees or an area of trees and natural vegetation that is interspersed with residential, commercial, industrial, institutional, or recreational development.

(16) “Ecosystem" means a more or less self-contained biological community together with the physical environment in which the community's organisms occur.

(17) “Endangered species" has the meaning stated in COMAR 27.01.01.01.

(17-1) “Energy generating system” has the meaning stated in Land Use Article, §4-211, Annotated Code of Maryland.

(18) “Excess stormwater run-off” means all increases in stormwater resulting from:

(a) An increase in the lot coverage on the site, including all additions to buildings, roads, and parking lots;

(b) Changes in permeability caused by compaction during construction or modifications in contours, including the filling or drainage of small depression areas;

(c) Alteration of drainageways or regrading of slopes;

(d) Destruction of forest; or

(e) Installation of collection systems to intercept street flows or to replace swales or other drainageways.

(19) “Fishery activity” has the meaning stated in COMAR 27.01.01.01.

(20) “Forest” has the meaning stated in Natural Resources Article, §5-1601, Annotated Code of Maryland.

(21) “Forest interior dwelling bird” has the meaning stated in COMAR 27.01.01.01.

(22) “Forest management” means the protection, manipulation, and utilization of the forest to provide multiple benefits, such as timber harvesting, water transpiration, wildlife habitat, etc.

(23) “Forest practice” means the alteration of the forest either through tree removal or replacement in order to improve the timber, wildlife, recreational, or water quality values.

(24) “Highly erodible soils” means those soils with:

(a) Slopes greater than 15 percent; or

(b) A K value greater than 0.35 and with slopes greater than 5 percent.

(25) “Hydric soils” means soils that are wet frequently enough to periodically produce anaerobic conditions, thereby influencing the species composition or growth, or both, of plants on those soils.

(26) “Hydrophytic vegetation” means those plants cited in "Vascular Plant Species Occurring in Maryland Wetlands" (Dawson, F. et al., 1985) which are described as growing in water on a substrate that is at least periodically deficient in oxygen as a result of excessive water content (plants typically found in wet habitats).

(27) “K Value” means the soil erodibility factor in the Universal Soil Loss Equation. It is a quantitative value that is experimentally determined.

(28) “Land clearing” means any activity that removes the vegetative ground cover.

(29) “Lot coverage” has the meaning stated in Natural Resources Article, §8-1802(a), Annotated Code of Maryland.

(30) “Marina” has the meaning stated in COMAR 27.01.01.01.

(31) “Mean high water line” means the average level of high tides at a given location.

(32) “Natural Heritage Area” means any communities of plants or animals which are considered to be among the best Statewide examples of their kind, and are designated by regulation by the Secretary of Natural Resources.

(33) “Natural vegetation” means those plant communities that develop in the absence of human activities.

(34) “Natural features” means components and processes present in or produced by nature, including, but not limited to, soil types, geology, slopes, vegetation, surface water, drainage patterns, aquifers, recharge areas, climate, flood plains, aquatic life, and wildlife.

(35) “Nonpoint source pollution” means pollution generated by diffuse land use activities rather than from an identifiable or discrete facility. It is conveyed to waterways through natural processes, such as rainfall, storm runoff, or ground water seepage rather than by deliberate discharge. Nonpoint source pollution is not generally corrected by "end-of-pipe" treatment, but rather, by changes in land management practices.

(36) “Nontidal wetland” has the meaning stated in COMAR 26.23.01.01.

(37) “Offsets” means structures or actions that compensate for undesirable impacts.

(38) Repealed.

(39) “Palustrine” means all nontidal wetlands dominated by trees, shrubs, persistent emergent plants, or emergent mosses or lichens and all these wetlands that occur in tidal areas where the salinity due to ocean-derived salts is below one-half part per 1,000 parts of water.

(40) “Physiographic features” means the soils, topography, land slope and aspect, and local climate that influence the form and species composition of plant communities.

(40-1) “Pier” has the meaning stated in Natural Resources Article, §8-1808.4(a), Annotated Code of Maryland.

(40-2) “Plant habitat” has the meaning stated in COMAR 27.01.01.01.

(41) “Port” means a facility or area established or designated by the State or local jurisdictions for purposes of water-borne commerce.

(42) “Public water-oriented recreation” means shore-dependent recreation facilities or activities provided by public agencies which are available to the general public.

(43) Repealed.

(44) “Redevelopment” means the process of developing land which is or has been developed.

(45) “Reforestation” means the establishment of a forest through artificial reproduction or natural regeneration.

(46) “Riparian habitat” means a habitat that is strongly influenced by water and which occurs adjacent to streams, shorelines, and wetlands.

(46-1) “Road” has the meaning stated in COMAR 27.01.01.01.

(46-2) “Sea level rise” means a rise in mean sea level that impacts a coastal area through seasonally high tides, prolonged inundation, or permanent submergence.

(47) “Seasonally flooded water regime” means a condition where surface water is present for extended periods, especially early in the growing season, and when surface water is absent, the water table is often near the land surface.

(48) “Selection” means the removal of single, scattered, mature trees or other trees from uneven-aged stands by frequent and periodic cutting operations.

(49) “Significantly eroding areas” means areas that erode 2 feet or more per year.

(50) “Soil conservation and water quality plans” means land-use plans for farms that show farmers how to make the best possible use of their soil and water resources while protecting and conserving those resources for the future. These plans are documents containing a map and related plans that indicate:

(a) How the landowner plans to treat a farm unit;

(b) Which best management practices the landowner plans to install to treat undesirable conditions; and

(c) The schedule for applying those best management practices.

(50-1) “Solar energy generating system” has the meaning stated in COMAR 27.01.14.01.

(51) “Species in need of conservation” has the meaning stated in COMAR 27.01.01.01.

(52) Repealed.

(53) State and Local Agency Actions.

(a) “State and local agency actions” means any direct action, including an action undertaken by a private sponsor on behalf of a State or local agency, such as construction, that causes development to occur.

(b) “State and local agency actions” includes:

(i) The issuance of a Certificate of Public Convenience and Necessity by the Maryland Public Service Commission that results in development within the Critical Area;

(ii) The issuance of a Certificate of Public Necessity by the Maryland Hazardous Waste Facilities Siting Board which allows the siting of a hazardous waste disposal facility.

(c) “State and local agency actions” do not include the following:

(i) Actions required or specifically provided for by the Critical Area criteria, including construction or installation of structures or measures pursuant to implementing approved stormwater management, grading, or sediment control plans, and the construction or installation of structures or measures on farms to implement approved soil conservation and water quality plans;

(ii) Actions causing development which are subject to approval under a Critical Area program by the local agency responsible for implementation of that program; or

(iii) Dredging of any waterway in the Critical Area that is conducted pursuant to applicable State and federal laws, rules, and regulations.

(54) “Steep slopes” means slopes of 15 percent or greater incline.

(55) “Threatened species” has the meaning stated in COMAR 27.01.01.01.

(56) “Topography” means the existing configuration of the earth's surface including the relative relief, elevation, and position of land features.

(57) “Transitional habitat” means a plant community whose species are adapted to the diverse and varying environmental conditions that occur along the boundary that separates aquatic and terrestrial areas.

(58) “Transportation facilities” means anything that is built, installed, or established to provide a means of travel from one place to another.

(59) “Tributary streams” has the meaning stated in Natural Resources Article, §8-1802(a), Annotated Code of Maryland.

(60) “Utility transmission facilities” means fixed structures that convey or distribute resources, wastes, or both, including, but not limited to, electric lines, water conduits, and sewer lines.

(61) Repealed.

(62) “Water-use industry” means an industry that requires location near the shoreline because it utilizes surface waters for cooling or other internal purposes.

(63) “Waterfowl” has the meaning stated in COMAR 27.01.01.01.

(63-1) “Waterfowl staging and concentration area” has the meaning stated in COMAR 27.01.01.01.

(63-2) “Wetland migration area” means an area that will likely be suitable for future wetland establishment in response to a change in sea level.

(64) Wildlife Corridor.

(a) “Wildlife corridor” means a habitat area that is necessary to connect areas, on a seasonal basis or longer, that are used by an animal or plant species for:

(i) The survival and reproduction of the species; and

(ii) The maintenance or increase of the essential genetic and demographic connections of its population.

(b) “Wildlife corridor” includes a habitat protection area, as defined under COMAR 27.01.01.01, and a wetland migration area, as defined under §B(63-1) of this regulation.

(65) “Wildlife habitat” has the meaning stated in COMAR 27.01.01.01.