Md. Code Regs. 08.01.02.01

Current through Register Vol. 51, No. 22, November 1, 2024

Section 08.01.02.01 - Definitions

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

B. Terms Defined.

(1) "Critical area planting" means the planting of vegetation, including trees, shrubs, vines, grasses, or legumes, on highly erodible or critically eroding areas to stabilize the soil and to reduce damage from sediment and runoff to downstream areas.

(2) "Department" means the Maryland Department of Natural Resources.

(3) "Endangered species" means a species whose continued existence as a viable component of the State's flora or fauna is determined to be in jeopardy, in accordance with Natural Resources Article, § 4-2 A-01 or 10-2A-01, Annotated Code of Maryland, and COMAR 08.03.08.

(4) "Maryland Wildlands Preservation System" means those State lands which have been designated as wildlands by the Maryland General Assembly.

(5) Mechanical Transport.

(a) "Mechanical transport" means a device for transporting people or materials with wheels, tracks, or skids for traveling over land, water, or snow and propelled by a living or nonliving power source.

(b) "Mechanical transport" does not include skis or snowshoes.

(5-1) "Mineral" means a gas, oil, coal, peat, clay, stone, or fossil fuel located under a wildland area.

(6) "Motorized equipment" means a machine activated by a nonliving power source.

(7) Motor Vehicle.

(a) "Motor vehicle" means a vehicle which is propelled by a nonliving power source.

(b) "Motor vehicle" includes gas, diesel, and battery-powered engines.

(7-1) Owner.

(a) "Owner" means a person in whom is vested the ownership, dominion, or title of property.

(b) "Owner" includes a:

(i) Lessee or party in interest; and

(ii) Successor and assigns.

(8) "Person" means a county, municipal corporation, or other political subdivision of the State, an individual, corporation, receiver, trustee, guardian, executor, administrator, fiduciary, or representative.

(9) Protective Installation.

(a) "Protective installation" means facilities, appurtenances, and other improvements necessary for the protection of an area from fire, animals, insects, disease, or erosion.

(b) "Protective installation" includes fences, gates, fire towers, and nonstructural shore erosion control measures.

(10) "Road" means a way for relatively regular travel by motor vehicle which has been improved and is maintained by mechanical means.

(11) "Secretary" means the Secretary of Natural Resources.

(12) "Soil bioengineering" means a practice or technique which combines mechanical, biological, and ecological concepts to arrest and prevent slope failure and erosion.

(13) "Species in need of conservation" means a species determined by the Secretary to be in need of conservation measures for its continued ability to sustain itself successfully pursuant to Natural Resources Article, § 4-2 A-01 or 10-2A-01, Annotated Code of Maryland, and COMAR 08.03.08.

(14) "Structure" means an object constructed, installed, or placed on land to facilitate land use, including but not limited to:

(a) Buildings;

(b) Bridges;

(c) Cabins;

(d) Sheds;

(e) Shore erosion control structures;

(f) Barns;

(g) Fire towers;

(h) Nesting structures;

(i) Observation platforms; or

(j) Signs.

(15) "Threatened species" means a species of flora or fauna which appears likely, within the foreseeable future, to become endangered in accordance with Natural Resources Article, § 4-2 A-01 or 10-2A-01, Annotated Code of Maryland, and COMAR 08.03.08.

(16) "Wildland" means an area defined in Natural Resources Article, §5-1203, Annotated Code of Maryland, as an area of land or water which has retained its wilderness character, although not necessarily completely natural and undisturbed, or has rare or vanishing species of plant or animal life or similar features of interest worthy of preservation for use of present and future residents of the State.

Md. Code Regs. 08.01.02.01

Regulations .01 adopted effective September 11, 1995 (22:18 Md. R. 1398)