§ 33-2-101. DEFINITIONS.

(a)

In general.

(1)

In this title the following words have the meanings indicated.

(2)

In this title a word that is not defined in this section shall be defined as under the following sources:

(i)

COMAR, title 27.01.01;

(ii)

§ 32-4-101 of the Code; or

(iii)

If not defined in the above sources, the most recent edition of Webster's Third New International Dictionary of the English Language, unabridged.

(b)

Agriculture.

(1)

"Agriculture" means all methods of producing, processing, storing, and managing livestock, crops, vegetation, and soil.

(2)

"Agriculture" includes the related activities of:

(i)

Tilling, fertilizing, controlling pests, harvesting, and marketing; and

(ii)

Feeding, housing, maintaining, and handling of by-products of, animals including cattle, dairy cows, sheep, goats, hogs, horses, and poultry.

(c)

Aquaculture.

(1)

"Aquaculture" means the farming or culturing, or both, of finfish, shellfish, other aquatic animals, or aquatic plants, in lakes, streams, inlets, estuaries, and other natural or artificial water bodies.

(2)

"Aquaculture" includes:

(i)

The hatching, cultivating, planting, feeding, raising, and harvesting of aquatic plants and animals;

(ii)

The maintenance and construction of necessary equipment, buildings, and growing areas; and

(iii)

Cultivation methods, including:

1.

Seed or larvae development;

2.

The use of grow-out facilities, fish pens, shellfish rafts, racks and longlines, or seaweed floats; and

3.

The culture of clams and oysters on tidelands and subtidal areas.

(3)

"Aquaculture" does not include related activities such as wholesale and retail sales, processing, and the use of product storage facilities.

(d)

Best management practices. "Best management practices" means a conservation practice or system of practices and management measures that control soil loss and reduce water quality degradation caused by nutrients, animal waste, toxins, and sediment.

(e)

Boathouse. "Boathouse" means a structure with a roof, cover, or similar device placed over open water to protect a boat or other vessel.

(f)

Buffer. "Buffer" means a naturally vegetated area or a vegetated area established or managed to protect aquatic, wetland, shoreline, and terrestrial environments from man-made disturbances.

(g)

Chesapeake Bay Critical Area Criteria. "Chesapeake Bay Critical Area Criteria" means regulations adopted by the Chesapeake Bay Critical Area Commission.

(h)

Chesapeake Bay Critical Area Farm. "Chesapeake Bay Critical Area farm" means all land in the Chesapeake Bay Critical Area that is agriculturally assessed by the State Department of Assessments and Taxation.

(i)

Chesapeake Bay Critical Area Law. "Chesapeake Bay Critical Area Law" means Title 8, Subtitle 18 of the Natural Resources Article of the Annotated Code of Maryland.

(j)

Clearcutting. "Clearcutting" means removing an entire stand of trees in one cutting with subsequent afforestation obtained:

(1)

By natural seeding from adjacent tree stands;

(2)

From trees that were cut;

(3)

From advanced regeneration or stump sprouts; or

(4)

From planting of seeds or seedlings by a person.

(k)

Cluster development. "Cluster development", notwithstanding the defined term "cluster subdivision" under § 32-4-101 of the Code, means a residential development in which dwelling units are concentrated in a selected area of the development tract to provide natural habitat, forest preservation, or other permanent open space uses on the remainder of the land.

(l)

Commercial harvesting.

(1)

"Commercial harvesting" means an operation for economic gain that alters the composition or profile of a forest.

(2)

"Commercial harvesting" includes a cutting operation done by a person for economic gain.

(m)

Community pier.

(1)

"Community pier" means a noncommercial boat docking or mooring facility that is owned by and operated for the benefit of residents of a platted riparian subdivision or a condominium, an apartment complex, or other multiple-family dwelling unit.

(2)

"Community pier" does not include a private pier maintained by a riparian landowner or a non-profit organization.

(n)

Conservation easement. "Conservation easement" means a nonpossessory interest in land that, to conserve natural resources for future use, restricts the manner in which a person may develop the land.

(o)

Dredging. "Dredging" means the removal or displacement of soil, sand, gravel, shells, or other material from state tidal wetlands or private tidal wetlands.

(p)

Filling.

(1)

"Filling" means displacing tidal water by depositing soil, sand, gravel, shells, other materials, pilings, piers, boathouses, deadweights, or riprap in a wetland.

(2)

"Filling" includes:

(i)

The artificial altering of a tidal water level by a physical structure or drainage ditch or another method;

(ii)

Implementing a storm drainage project in which matter flows directly into tidal waters of this state; or

(iii)

Changing the soil surface or the elevation of the preexisting surface or ground water level of an area by placing soil, sand, gravel, shells, rock, or other material in the area.

(q)

Finding. "Finding" means a written statement and supporting record, made by the Director of Environmental Protection and Sustainability or the Director's designee in conjunction with project approval, indicating that a project is consistent with the goals of the Chesapeake Bay Critical Area Criteria under COMAR 27.01.10.01O.

(r)

Fishery activity. "Fishery activity" means:

(1)

The construction and operation of a commercial water-dependent fishery facility, including:

(i)

A structure for the packing, processing, canning, or freezing of finfish, crustaceans, mollusks, amphibians, or reptiles; or

(ii)

A storage facility, crab shedding facility, off-loading dock, related fuel facility, or shore-based facility necessary for an aquaculture operation;

(2)

Wholesale and retail sales;

(3)

The fabrication of fishing and shellfishing equipment; or

(4)

Shellfish culture operations.

(s)

Forest. "Forest" includes a land area at least one acre in size that supports:

(1)

At least 100 trees per acre, with at least 50% of those trees having at least a two-inch diameter at the height of 4.5 feet above the ground; or

(2)

Mature trees that provide a contiguous canopy over unimproved land.

(t)

Highly erodible soil. "Highly erodible soil" means those soils susceptible to runoff and erosion as determined by a steep slope and erodible soils evaluation.

(u)

Intensely developed area. "Intensely developed area" means an overlay area delineated on the official county Chesapeake Bay Critical Area Map in accordance with COMAR 27.01.02.03.

(v)

Limited development area. "Limited development area" means an means an overlay area delineated on the official county Chesapeake Bay Critical Area map in accordance with COMAR 27.01.02.04.

(w)

Local protection program. "Local protection program" means the program for the Chesapeake Bay Critical Area in the county prepared and approved under § 8-1809 of the Natural Resources Article of the Annotated Code of Maryland.

(x)

Marina.

(1)

"Marina" means a facility on tidal waters for the mooring, berthing, storing, or securing of watercraft.

(2)

"Marina" does not include a community pier or another noncommercial boat docking and storage facility.

(y)

Mean high-water line. "Mean high-water line" means the average level of high tide at a specified location.

(z)

Nonwater-dependent facility or activity. "Nonwater-dependent structure, facility, or activity" means a structure, facility, or activity that, because of its intrinsic nature, does not need to be located:

(1)

In or over tidal wetlands; or

(2)

At or near the shoreline within the buffer.

(aa)

Offset. "Offset" means a structure, action, or fee that compensates for an undesirable impact of a land use.

(bb)

Overburden. "Overburden" means strata or material in its natural state before removal by surface mining that:

(1)

Overlies a mineral deposit; or

(2)

Lies in between mineral deposits.

(cc)

Pier. "Pier" means a fixed or floating wharf, dock, walkway, or other similar water-dependent structure constructed or placed on or over tidal wetlands to gain access to the navigable waters of this state.

(dd)

Private harvesting. "Private harvesting" means cutting and removing trees for personal, noncommercial use.

(ee)

Private tidal wetland.

(1)

"Private tidal wetland" means land that:

(i)

Is not state wetlands;

(ii)

Borders on or lies beneath tidal waters;

(iii)

Is subject to regular or periodic tidal action; and

(iv)

Supports aquatic growth.

(2)

"Private tidal wetland" includes:

(i)

Tidal wetlands transferred by the state by a valid grant, lease, license, or grant confirmed by Article 5 of the Maryland Declaration of Rights, to the extent of the interest transferred; or

(ii)

Tidal waters that are:

1.

Created by the excavation of upland; and

2.

Not conveyed to the state.

(ff)

Project approval.

(1)

"Project approval" means the approval of development in the Chesapeake Bay Critical Area by:

(i)

The Director of Environmental Protection and Sustainability or the Director's designee;

(ii)

A hearing officer;

(iii)

The zoning commissioner; or

(iv)

On appeal, the Board of Appeals.

(2)

"Project approval" includes:

(i)

The approval of a subdivision plan, plat, and site plan; and

(ii)

The granting of a variance or special exception.

(3)

"Project approval" does not include approval of development by a state or local government agency.

(gg)

Public water-oriented recreation. "Public water-oriented recreation" means a shore-dependent recreation facility or activity that is provided by a public agency and available to the general public.

(hh)

Reclamation. "Reclamation" means the reasonable rehabilitation of disturbed land for:

(1)

A useful purpose; and

(2)

The protection of the natural resources of an adjacent area, including a water body.

(ii)

Redevelopment. "Redevelopment" means the process of developing land that previously has been developed.

(jj)

Reforestation. "Reforestation" means the establishment of a forest through artificial reproduction or natural regeneration.

(kk)

Regular or periodic tidal action. "Regular or periodic tidal action" means the rise and fall of the sea that is:

(1)

Caused by the gravitational attraction of the sun and the moon; and

(2)

Not influenced by wind or other circumstances.

(ll)

Resource Conservation Area. "Resource Conservation Area" means an overlay area delineated on the official county Chesapeake Bay Critical Area Map in accordance with COMAR 27.01.02.05.

(mm)

Selection. "Selection" means the removal of individual scattered trees from uneven-aged stands by frequent and periodic cutting operations.

(nn)

Shore erosion protection works or measures. "Shore erosion protection works or measures" means structures or measures constructed or installed to prevent or minimize shore erosion.

(oo)

Significantly eroding area. "Significantly eroding area" means an area that erodes at least 2 feet per year.

(pp)

Spoil pile. "Spoil pile" means overburden and rejected material that is piled or deposited during surface mining.

(qq)

State tidal wetland.

(1)

"State tidal wetland" means land that is:

(i)

Under the navigable waters of this state below the mean high-water line; and

(ii)

Subject to regular or periodic tidal action.

(2)

"State tidal wetland" does not include wetlands under paragraph (1) of this subsection that have been transferred by the state by valid grant, lease, license, or grant confirmed by Article 5 of the Maryland Declaration of Rights to the extent of the interest transferred.

(rr)

Thinning. "Thinning" means a forest practice, which may include harvesting, used to accelerate the growth of quality trees.

(ss)

Tidal wetland boundary map. "Tidal wetland boundary map" means a map or aerial photograph on a scale of one inch equals 200 feet adopted by the State Department of Natural Resources that delineates the landward boundary of tidal wetlands.

(tt)

Transportation facility.

(1)

"Transportation facility" means anything that is built, installed, or established to provide a means of transport from one place to another.

(2)

"Transportation facility" includes a trucking facility, an airport, or a railway station.

(3)

"Transportation facility" does not include a marina, motorway, railway, or water-dependent facility.

(uu)

Upland. "Upland" means any area that is not a tidal wetland or nontidal wetland.

(vv)

Utility transmission facility.

(1)

"Utility transmission facility" means a fixed structure that conveys or distributes resources or waste.

(2)

"Utility transmission facility" includes electric lines, water conduits, and sewer lines.

(ww)

Wash plant. "Wash plant" means a facility in which sand and gravel is washed during processing.

(xx)

Water-dependent structure, facility, or activity. "Water-dependent structure, facility, or activity" means a structure, facility, or activity that, because of its intrinsic nature, must be located:

(1)

In or over a tidal wetland; or

(2)

At or near the shoreline in the buffer.

(1988 Code, § 26-438) (Bill No. 8-96, § 4, 3-23-1996; Bill No. 94-02, § 2, 7-1-2004; Bill No. 122-10, § 13, 1-16-2011; Bill No. 51-15, § 3, 8-16-2015 )