§ 33-5-101. DEFINITIONS.

(a)

In general. In this title and in the Handbook the following words have the meanings indicated.

(b)

Administration. "Administration" means the Maryland Department of the Environment, Water Management Administration.

(c)

Adverse impact. "Adverse impact" means deleterious effect on waters or 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 that unreasonably interferes with the enjoyment of life or property, including outdoor recreation.

(d)

Applicant. "Applicant" means any person that executes the necessary forms to apply for a permit or approval to carry out construction of a project.

(e)

Approval authority.

(1)

"Approval authority" means the entity responsible for the review and approval of erosion and sediment control plans.

(2)

The approval authority is the Soil Conservation District.

(f)

Best management practice (BMP). "Best management practice (BMP)" means a structural device or nonstructural practice designed to temporarily store or treat stormwater runoff in order to mitigate flooding, reduce pollution, and provide other amenities.

(g)

Buffer. "Buffer" means a naturally vegetated area or vegetated area established or managed in accordance with COMAR 27.01.09 to protect aquatic, wetland, shoreline and terrestrial environments from man-made disturbances.

(h)

Clear. "Clear" means to remove vegetative ground cover while leaving the root mat intact.

(i)

COMAR. "COMAR" means the Code of Maryland Regulations.

(j)

Concept plan. "Concept plan" means the first of three plans submitted under the comprehensive review and approval process described in COMAR 26.17.02 and the Handbook.

(k)

District. "District" means the Baltimore County Soil Conservation District.

(l)

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

(m)

Environmental site design (ESD) . "Environmental site design" 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.

(n)

Erosion. "Erosion" means the process by which the land surface is worn away by the action of wind, water, ice, or gravity.

(o)

Erosion and sediment control. "Erosion and sediment control" means a system of structural and vegetative measures that minimizes soil erosion and off-site sedimentation.

(p)

Erosion and sediment control plan. "Erosion and sediment control plan" means an erosion and sediment control strategy or plan designed to minimize erosion and prevent off-site sedimentation.

(q)

Excavation. "Excavation" means removal of earth below final or existing grade level, including construction of foundations, footings, and other underground structures.

(r)

Exemption. "Exemption" means those land development activities that are not subject to the erosion and sediment control requirements of this title.

(s)

Fill material. "Fill material" means soil, earth, sand, rock, and other similar natural materials.

(t)

Filling. "Filling" means any act by which fill material is deposited or placed for the purpose of changing the existing surface area.

(u)

Final erosion and sediment control plan.

(1)

"Final erosion and sediment control plan" means, along with a final stormwater management plan, the last of three plans submitted under the comprehensive review and approval process described in COMAR 26.17.02 and the Handbook.

(2)

A final erosion and sediment control plan shall be prepared and approved in accordance with the specific requirements of the Baltimore County Soil Conservation District and this title and designed in accordance with the Handbook.

(v)

Final stormwater management plan. "Final stormwater management plan" has the meaning stated in § 33-4-101 of this article.

(w)

Forest. "Forest" includes a land area of 1 acre or greater that:

(1)

Supports at least 100 trees per acre with at least 50% of those trees having a 2-inch or greater diameter at 4.5 feet above the ground; or

(2)

Supports mature trees that provide a contiguous canopy over unimproved land.

(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)

Forest harvest. "Forest harvest" means the cutting or removal of 1 or more acres of forest or developed woodland within any 1-year interval.

(z)

Grading. "Grading" means the stripping, clearing of, or otherwise disturbing of earth for the purpose of changing an existing surface area, including excavating, filling, stockpiling, grubbing, removing root mat or topsoil, or any combination of these activities.

(aa)

Grading plan. "Grading plan" means a plan prepared by a professional engineer, land surveyor, landscape architect, or architect, licensed to practice in the state, in accordance with the "Grading Regulations for Baltimore County" adopted May 31, 1989, as amended from time to time.

(bb)

Grading unit.

(1)

"Grading unit" means the maximum contiguous area allowed to be graded at a given time.

(2)

For the purpose of this title, a grading unit is 20 acres or less.

(cc)

Handbook. "Handbook" means the 2011 Maryland Standards and Specifications for Soil Erosion and Sediment Control.

(dd)

Highly erodible soils. "Highly erodible soils" means those soils with a slope greater than 15 percent or those soils with a soil erodibility factor, K, greater than 0.35 and with slopes greater than 5 percent.

(ee)

Inspection agency. "Inspection agency" means the Department of Permits, Approvals and Inspections.

(ff)

Interested person. "Interested person" means a person whose property or legal rights would be adversely affected by a violation or threatened violation of the requirements of this title.

(gg)

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 is a structural BMP implemented.

(hh)

Owner or developer.

(1)

"Owner or developer" means a person undertaking or for whose benefit activities subject to this title are undertaken.

(2)

"Owner" or "developer" does not include a general contractor or subcontractor who does not otherwise have a proprietary interest in the project that is subject to this title.

(ii)

Permit. "Permit" means the county permit issued by the Department of Permits, Approvals and Inspections to authorize excavation or grading activity.

(jj)

Permittee. "Permittee" means a person to whom a permit is issued in accordance with this title.

(kk)

Person. "Person" includes the federal government, the state, any county, municipal corporation or political subdivision of the state, or any of their units, or an individual, receiver, trustee, guardian, executor, administrator, fiduciary, or representative of any kind, or any partnership, firm, association, public or private corporation, or any of their affiliates, or any other entity.

(ll)

Responsible personnel. "Responsible personnel" means any foreman, superintendent, or product engineer who is in charge of on-site clearing and grading operations or the implementation and maintenance of an erosion and sediment control plan.

(mm)

Rubble. "Rubble" means building demolition debris, tree stumps and other land-clearing debris, and other similar wastes determined by the Department as material that must be deposited at a site for which a solid waste processing or a rubble landfill permit has been issued.

(nn)

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

(oo)

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 performed as part of a unit, subdivision, or project.

(pp)

Site development plan.

(1)

"Site development plan" means the second of three plans submitted under the comprehensive review and approval process required by the Stormwater Management Act of 2007 and described in COMAR 26.17.02.

(2)

A site development plan shall include the information necessary to allow a detailed evaluation of the proposed project.

(qq)

Stabilization. "Stabilization" means the protection of exposed soils from erosion by the application of seed and mulch, seed and matting sod or other vegetative measures or structural measures or both.

(rr)

Standards and Specification. "Standards and Specifications" means the "2011 Maryland Standards and Specifications for Erosion and Sediment Control," also known as the Handbook, or any subsequent revisions.

(ss)

Stormwater. "Stormwater" means water that originates from a precipitation event.

(tt)

Stormwater management system. "Stormwater management system" means natural areas, ESD practices, stormwater management measures, and any other structure through which stormwater flows, infiltrates, or discharges from a site.

(uu)

Variance. "Variance" means the modification of the minimum grading or erosion and sediment control requirements for exceptional circumstances such that strict adherence to the requirements would result in unnecessary hardship and not fulfill the intent of this title.

(vv)

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

(1988 Code, § 14-191) (Bill No. 173, 1991, §§ 1, 2, 10-15-1991; Bill No. 10-96, § 3, 3-23-1996; Bill No. 94-02, § 2, 7-1-2004; Bill No. 42-05, § 1, 5-15-2005; Bill No. 122-10, §§ 13, 30, 1-16-2011; Bill No. 72-12, § 3, 1-9-2013)