§ 33-6-101. DEFINITIONS.

(a)

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

(b)

Agricultural activity.

(1)

(i)

"Agricultural activity" means farming activities for production of food and fiber products, the grazing and raising of livestock, aquaculture, sod production, orchards, nurseries and other products cultivated as part of a recognized commercial enterprise and in accordance with a soil conservation and water quality plan approved by the Baltimore County Soil Conservation District.

(ii)

"Agricultural activity" includes plowing, tillage, cropping, installation of best management practices, seeding, cultivating, and harvesting.

(2)

"Agricultural activity" does not include commercial logging and timber harvesting operations.

(c)

Agricultural and resource area. "Agricultural and resource areas" means an area zoned for densities of less than or equal to one dwelling unit per 5 acres and corresponds to county zoning classifications R.C.2, R.C.4, R.C.20, or R.C.50.

(d)

Agricultural support building.

(1)

"Agricultural support building" means a building necessary to sustain an agricultural activity.

(2)

"Agricultural support building" does not include a human residence.

(e)

Applicant. "Applicant" means a person who:

(1)

Is applying for subdivision or development approval, project plan approval, a building permit, a grading permit, or erosion and sediment control plan approval; or

(2)

Has received approval of a forest stand delineation or forest conservation plan.

(f)

Champion tree. "Champion tree" means the largest tree of its species within the United States, the state, or the county.

(g)

Commercial and industrial use area. "Commercial and industrial use area" means an area zoned for manufacturing operations, office complexes, shopping centers and other similar uses and their associated storage areas, yarding, and parking areas, and corresponds to county zoning classifications R-O, R.C.C., B.L., B.M., B.R., M.R., M.L.R., M.L., M.H., S-E, B.M.M., or B.M.B.

(h)

Commercial logging or timber harvesting operations. "Commercial logging or timber harvesting operations" means the cutting and removing of tree stems from a site for commercial purposes, leaving the root mass intact.

(i)

Critical habitat area.

(1)

"Critical habitat area" means a critical habitat for an endangered species and its surrounding protection area.

(2)

A critical habitat area shall:

(i)

Be likely to contribute to the long-term survival of the species;

(ii)

Be likely to be occupied by the species for the foreseeable future; and

(iii)

Constitute habitat of endangered species, threatened species, or both under the State Endangered Species of Fish Conservation Act and the State Nongame and Endangered Species Conservation Act.

(j)

Declaration of intent. "Declaration of intent" means a signed and notarized statement by a landowner or the landowner's agent on a form required by the Department, certifying that the activity on the landowner's property:

(1)

Is for certain activities exempted under this title,

(2)

Does not circumvent the requirements of this title, and

(3)

Does not conflict with the purposes of any other declaration of intent.

(k)

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

(l)

Development project.

(1)

"Development project" means the grading or construction activities occurring on a specific tract that is 40,000 square feet or greater.

(2)

"Development project" includes redevelopment, unless the redevelopment project is located on an impervious tract or a tract which is not forested. However, landscaping must be provided on the tract in accordance with standards adopted in the manual of landscaping standards.

(m)

Development project completion. "Development project completion" means, for the purposes of afforestation, reforestation, or payment into a fund:

(1)

The release of the public works agreement security on residential projects, if required;

(2)

The release of the use and occupancy permit on non-residential projects;

(3)

Acceptance of the project's streets, utilities, and public services by the county; or

(4)

Designation by the county that a particular stage of a staged development project, including a Planned Unit Development, has been completed.

(n)

Erosion and sediment control approval. "Erosion and sediment control approval" means the authorization of an activity regulated under an erosion and sediment control plan as provided in Title 4 of the Environment Article of the Annotated Code of Maryland.

(o)

Forest. "Forest" includes:

(1)

Areas that have at least 100 live trees per acre with at least 50% of those trees having a 2-inch or greater diameter at 4.5 feet above the ground and larger;

(2)

Areas with mature trees that provide a contiguous canopy over unimproved land; and

(3)

Areas that have been cut but not cleared.

(p)

Forest buffer. "Forest buffer" has the meaning stated in Title 5 of this article.

(q)

Forest conservation. "Forest conservation" means the retention of existing forest or the creation of new forest at the levels set by the state or the Department.

(r)

Forest conservation and management agreement. "Forest conservation and management agreement" means an agreement as stated in § 8-211 of the Tax-Property Article of the Annotated Code of Maryland.

(s)

Forest conservation plan. "Forest conservation plan" means a plan approved in accordance with this title.

(t)

Forest cover. "Forest cover" means the area of a site that is a forest.

(u)

Forest establishment and maintenance agreement. "Forest establishment and maintenance agreement" means the short-term management agreement associated with afforestation or reforestation plans required under this title.

(v)

Forest stand delineation. "Forest stand delineation" means the methodology for evaluating the existing vegetation on a site, as provided in the Forest Conservation Technical Manual.

(w)

Growing season. "Growing season" means the period of consecutive frost-free days as stated in the Baltimore County soil survey.

(x)

High density residential area.

(1)

"High density residential area" means an area zoned for densities greater than one dwelling unit per acre and corresponds to the county zoning classifications of D.R.2, D.R.3.5, D.R.5.5, D.R.10.5, D.R.16 or R-O-A.

(2)

"High density residential area" includes both existing and planned development and their associated infrastructure, such as roads, utilities, and water and sewer service.

(y)

Institutional development area. "Institutional development area" means schools, colleges and universities, military installations, transportation facilities, utility and sewer projects, government offices and facilities, golf courses, recreation areas, parks, and cemeteries.

(z)

Landscaping plan. "Landscaping plan" means a plan:

(1)

Drawn to scale, showing dimensions and details for reforesting an area at least 35 feet wide and covering 2,500 square feet or greater in size;

(2)

Using native or naturalized plants for all reforestation and afforestation plans when appropriate; and

(3)

That is made part of an approved forest conservation plan.

(aa)

Lot. "Lot" means a unit of land, the boundaries of which have been established as a result of a deed or previous subdivision of a larger parcel, and which will not be the subject of further subdivision, without an approved forest stand delineation and forest conservation plan.

(bb)

Medium density residential area.

(1)

"Medium density residential area" means an area zoned for densities greater than one dwelling unit per 5 acres and less than or equal to one dwelling unit per acre and corresponds to the county zoning classifications of R.C.3, R.C.5, or D.R.1.

(2)

"Medium density residential area" includes both existing and planned development and their associated infrastructure, including roads, utilities, and water and sewer service.

(cc)

Mixed use development. "Mixed use development" means a single, relatively high density development project, usually commercial in nature, which includes two or more types of uses, and corresponds to the county zoning classifications of O.T., OR-1, OR-2, R.A.E.1, or R.A.E.2.

(dd)

Net tract area. "Net tract area" means:

(1)

Except in agriculture and resource areas, the total area of a site, including both forested and nonforested areas, to the nearest one-tenth acre, reduced by the area found to be within the boundaries of the riverine floodplain and the area within any existing utility easement where tree planting is prohibited; and

(2)

In agriculture and resource areas, the part of the total tract for which land use will be changed or will no longer be used for primarily agricultural activities, reduced by the area found to be within the boundaries of the riverine floodplain and the area within any existing utility easement where tree planting is prohibited.

(ee)

Offsite. "Offsite" means outside of the limits of the area encompassed by the tract.

(ff)

Onsite. "Onsite" means within the limits of the area encompassed by the tract, including an area classified as a riverine floodplain.

(gg)

Person. "Person" includes the federal government.

(hh)

Planned Unit Development. "Planned Unit Development" means a development comprised of a combination of land uses or varying intensities of the same land use in accordance with an integrated plan that provides flexibility in land use design approved by the county with at least 20% of the land permanently dedicated to open space and corresponds to county zoning classifications of PUD-R1 or PUD-R2.

(ii)

Project plan.

(1)

"Project plan" means a construction, tree cutting, clearing, grubbing, grading, or erosion and sediment control activity on an area of 40,000 square feet or greater for a project that is not subject to the review and approval process specified in Article 32, Title 4, Subtitle 2 of the Code.

(2)

"Project plan" includes county capital improvement projects.

(jj)

Public utility. "Public utility" means any:

(1)

Transmission line or electric generating station; or

(2)

Water, sewer, storm drain, electric, gas, telephone, or television cable service line.

(kk)

Redevelopment. "Redevelopment" means the process of developing land which is or has been developed.

(ll)

Reforestation.

(1)

"Reforestation" means the:

(i)

Creation of a biological community dominated by trees and other woody plants containing at least 100 live trees per acre with at least 50% of those trees having the potential of attaining a 2-inch or greater diameter measured at 4.5 feet above the ground, within 7 years; or

(ii)

Establishment of a forest according to procedures set forth in the Forest Conservation Technical Manual.

(2)

"Reforestation" includes landscaping of areas under an approved landscaping plan establishing a forest at least 35 feet wide and covering 2,500 square feet or more of area.

(mm)

Regulated activity. "Regulated activity" means any of the following activities when that activity occurs on a unit of land which is 40,000 square feet or greater and when the activity is not otherwise exempt under this title:

(1)

Subdivision;

(2)

Development, including construction;

(3)

Clearing, grubbing, and grading;

(4)

An activity that requires an erosion and sediment control approval;

(5)

Project plan of a county agency; or

(6)

Logging and timber harvesting operations.

(nn)

Retention. "Retention" means the deliberate holding and protecting of existing forest, trees, shrubs, or herbaceous plants on the site according to established standards as provided in the Forest Conservation Technical Manual.

(oo)

Special variance.

(1)

"Special variance" means the granting of relief from this title.

(2)

"Special variance" does not include a zoning variance.

(pp)

Subdivision. "Subdivision" means any division of a unit of land into two or more lots or parcels for the purpose, whether immediate or future, of transfer of ownership, sale, lease, or development.

(qq)

Tract. "Tract" means property or a unit of land subject to an application for a grading permit, building permit, erosion and sediment control approval, development approval, subdivision approval, project plan approval, or areas subject to this title.

(rr)

Tree. "Tree" means a large, branched woody plant having one or several self-supporting stems or trunks that reach a height of at least 20 feet at maturity.

(ss)

Watershed. "Watershed" means the 14 designated drainage areas within the three major subbasins (Patapsco River, Gunpowder River and Lower Susquehanna River) as defined in COMAR 26.08.02.08.

(1988 Code, § 14-402) (Bill No. 224, 1992, § 1, 1-19-1993; Bill No. 163-93, § 1, 11-17-1993; Bill No. 94-02, § 2, 7-1-2004; Bill No. 75-03, § 45, 7-1-2004; Bill No. 122-10, § 13, 1-16-2011)