§ 33-4-101. DEFINITIONS.

(a)

In general. In this title the following words have the meanings indicated.

(b)

Administration. "Administration" means the Water Management Administration of the State Department of the Environment.

(c)

Adverse impact. "Adverse impact" means any deleterious effect on waters, nontidal wetlands, or tidal wetlands, including their quality, quantity, surface area, species composition, aesthetics, or usefulness for human or natural uses which are or may potentially be harmful or injurious to human health, welfare, safety, or property, biological productivity, diversity, or stability or which unreasonably interfere with the enjoyment of life or property, including outdoor recreation.

(d)

Agricultural Land Management Practices. "Agricultural land management practices" means those methods and procedures used in the cultivation of land in order to further crop and livestock production and conservation of related soil and water resources.

(e)

Applicant. "Applicant" means any person who is an owner, contract purchaser, or the legally authorized representative of either, requesting approval of development in accordance with this article or Article 32 of the Code.

(f)

Best Management Practice (BMP). "Best Management Practice (BMP)" means a structural device or non-structural practice designed to store stormwater runoff temporarily, treat stormwater runoff, or both store and treat stormwater runoff for the purpose of providing water resource benefits, including reducing pollution, minimizing erosion, and mitigating flooding.

(g)

Channel Protection Storage Volume (CPV).

(1)

"Channel Protection Storage Volume" (CPV) means the design storage volume for a structural BMP, required to minimize stream channel erosion.

(2)

Methods for calculating the CPV are specified in the Design Manual.

(h)

Concept Stormwater Management Plan. "Concept Stormwater Management Plan" means the first of three required plan approvals that contains information necessary to allow an initial evaluation of a proposed project.

(i)

Department. "Department" means the Department of Environmental Protection and Sustainability.

(j)

Design Manual. "Design Manual" means the "2000 Maryland Stormwater Design Manual, Volumes I and II", Supplement 1 and any subsequent supplements, which is incorporated by reference in COMAR 26.17.02.01-1.

(k)

Detention structure. "Detention structure" means a permanent structure for the temporary storage of stormwater runoff, designed so as not to create a permanent pool of water.

(l)

Development. "Development" means to change the stormwater runoff characteristics of a parcel of land in conjunction with residential, commercial, industrial, institutional, or governmental construction or alteration.

(m)

Development Stormwater Management Plan. "Development Stormwater Management Plan" means the second of three required plan approvals that contains information necessary to allow a detailed evaluation of a proposed project.

(n)

Direct discharge. "Direct discharge" means the concentrated release of stormwater to tidal waters or vegetated tidal wetlands from new development or redevelopment projects in the Chesapeake Bay Critical Area.

(o)

Director. "Director" means the Director of Environmental Protection and Sustainability or the Director's designee.

(p)

Drainage area. "Drainage area" means that area contributing stormwater runoff to a single point measured in a horizontal plane which is enclosed by a ridge line.

(q)

Easement.

(1)

"Easement" means any interest in the property of another created by grant or by express or implied agreement.

(2)

"Easement" includes any interest vested in the county by dedication, which confers a right to some advantage, benefit, or lawful use in or over the property.

(r)

Environmental Site Design (ESD).

(1)

"Environmental Site Design (ESD)" means using small-scale stormwater management practices, nonstructural techniques, and better site planning to mimic natural hydrologic runoff characteristics and minimize the impact of land development on water resources.

(2)

Methods for designing ESD practices are specified in the Design Manual.

(s)

Exemption. "Exemption" means those land activities not subject to the requirements of this title.

(t)

Extended detention. "Extended detention" means a structural BMP that provides gradual release of stormwater over a 12- to 48-hour period.

(u)

Extreme flood storage volume (QF).

(1)

"Extreme flood storage volume (QF)" means the design storage volume, for a structural BMP, required to mitigate flooding in the one-hundred-year frequency rainfall event.

(2)

Methods for calculating the QF are specified in the Design Manual.

(v)

Final Stormwater Management Plan. "Final Stormwater Management Plan" means the last of three required plan approvals that contains the information necessary to allow approvals and permits to be issued by the Department.

(w)

Flow attenuation. "Flow attenuation" means prolonging the flow time of stormwater runoff to reduce the peak discharge.

(x)

Forest buffer.

(1)

"Forest buffer" means a wooded area that exists or is established to protect a stream system.

(2)

"Forest buffer" includes trees, shrubs, and herbaceous vegetation.

(y)

Grading.

(1)

"Grading" means any act by which soil is cleared, stripped, stockpiled, excavated, scarified, or filled.

(2)

"Grading" includes any combination of the acts referenced in paragraph (1) of this subsection.

(z)

Infiltration. "Infiltration" means the passage or movement of water into the soil surface.

(aa)

Maximum extent practicable (MEP). "Maximum extent practicable (MEP)" means designing stormwater management systems so that all reasonable opportunities for using ESD planning techniques and treatment practices are exhausted and, only where absolutely necessary, a structural BMP is implemented.

(bb)

Off-site stormwater management. "Off-site stormwater management" means the BMPs necessary to control stormwater from more than one site.

(cc)

On-site stormwater management. "On-site stormwater management" means the BMPs necessary to control stormwater within a site.

(dd)

Overbank flood protection storage volume (QP).

(1)

"Overbank flood protection storage volume (QP)" means the design storage volume for a structural BMP, required to mitigate out-of-bank stream channel flooding.

(2)

Methods for calculating the QP are specified in the Design Manual.

(ee)

Person. "Person" means an individual, corporation, partnership, trust, joint venture, estate, association, the state, a political subdivision of the state, or any agency or instrumentality of the state or a political subdivision of the state.

(ff)

Planning techniques . "Planning techniques" means a combination of strategies employed early in project design to reduce the impact from development and to incorporate natural features into a stormwater management plan.

(gg)

Recharge storage volume (REV).

(1)

"Recharge storage volume (REV)" means that portion of the water quality storage volume required to recharge groundwater.

(2)

Methods for calculating the REV are specified in the Design Manual.

(hh)

Redevelopment. "Redevelopment" means any construction, alteration, or improvement performed on sites where existing land use is multi-family residential, commercial, industrial, or institutional and existing site impervious area exceeds 40%.

(ii)

Retention structure. "Retention structure" means a permanent structure that provides for the storage of stormwater runoff by means of a permanent pool of water.

(jj)

Retrofitting. "Retrofitting" means, for the purpose of improving water quality:

(1)

The construction of a structural BMP for a previously developed site;

(2)

The modification of an existing structural BMP; or

(3)

The implementation of a non-structural BMP for a previously developed site.

(kk)

Sediment. "Sediment" means soils or other surficial materials transported or deposited by the action of winds, water, ice, or gravity as a product of erosion.

(ll)

Site. "Site" means any tract, lot, or parcel of land, or combination of tracts, lots, or parcels of land, that are in one ownership, or are contiguous and in diverse ownership, where development is to be done as part of a unit, subdivision, or project.

(mm)

Stabilization. "Stabilization" means the prevention of soil movement by vegetative means, structural means, or both.

(nn)

Stormwater management. "Stormwater management" means:

(1)

For quantitative control, a system of ESD practices, or other BMPs that control the increased volume and rate of surface stormwater runoff caused by man-made changes to the land; and

(2)

For qualitative control, a system of BMPs, other practices, or both that reduce or eliminate pollutants and provide other water resource benefits.

(oo)

Stormwater management plan. "Stormwater management plan" means a set of drawings or other documents, submitted by an applicant as a prerequisite to obtaining stormwater management approval, that contains all the information and specifications relating to stormwater management.

(pp)

Stripping. "Stripping" means any activity that removes the vegetative surface cover, including tree removal, clearing, grubbing, and storage or removal of topsoil.

(qq)

Variance. "Variance" means the modification of or partial or total relief from the minimum stormwater management requirements for specific circumstances.

(rr)

Waiver.

(1)

"Waiver" means, on a case-by-case basis, partial or total relief from stormwater management quantitative or qualitative control requirements for a site.

(2)

"Waiver" includes:

(i)

A quantitative waiver, which means partial or total relief from requirements for channel protection storage volume, overbank flood protection storage volume, or extreme flood storage volume; and

(ii)

Qualitative waiver, which means partial or total relief from requirements for water quality storage volume or recharge storage volume.

(ss)

Water quality storage volume (WQV).

(1)

"Water quality storage volume (WQV)" means the design storage volume for a structural BMP, required for treatment of 90% of the average annual rainfall.

(2)

Methods for calculating the WQV are specified in the Design Manual.

(tt)

Watershed. "Watershed" means the total drainage area contributing stormwater runoff to a single point.

(1988 Code, § 14-152) (Bill No. 53-01, § 1, 7-2-2001; Bill No. 94-02, § 2, 7-1-2004; Bill No. 25-10, § 1, 6-1-2010; Bill No. 122-10, § 13, 1-16-2011)

Editor's note:
  Section 3 of Bill No. 25-10 provides that the legislation is retroactive to May 4, 2010.