Md. Code Regs. 08.08.01.02

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

Section 08.08.01.02 - Definitions

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

B. Terms Defined.

(1) "Adjacent Landowner" means a person, other than a commercial landowner, who:

(a) Owns property immediately adjacent to the buffer strip;

(b) Owns property immediately adjacent to a public right-of-way that is adjacent to the buffer strip;

(c) Has deeded access to the buffer strip; or

(d) Is eligible to apply for a buffer strip use permit pursuant to COMAR 08.08.05.02B(1)(b).

(2) "Buffer strip" means an area above the 2,462 feet lake elevation and not presently fenced or posted by the Department to limit or exclude use by the public.

(3) "Buffer strip use permit" means a permit issued by the lake manager to an adjacent landowner permitting certain uses of the buffer strip as set forth in COMAR 08.08.03.02 a and 08.08.05.02 a.

(4) "Commercial landowner":

(a) Means a person who owns or leases property immediately adjacent to the buffer strip or property immediately adjacent to a public right-of-way that is adjacent to the buffer strip and who legally pursues a trade, business, or other nonpersonal enterprise on that property;

(b) Does not include those persons eligible for a development permit.

(5) "Committee" means the Deep Creek Lake Advisory and Review Committee.

(6) "Common dock facility" means a boating or swimming facility owned or used in common.

(7) "Deeded access" means a right, conveyed in connection with a subdivided lot not fronting on the buffer strip, that authorizes persons from the lot to cross property fronting on the buffer strip in order to reach the buffer strip. For deeded access created after May 5, 1986, this right will be recognized only if it is conveyed by a person who intends to develop land by subdividing lots out of a parcel or adjacent parcels of land that includes frontage on the buffer strip. A person with deeded access, for purposes of these regulations, is one who acquires the right to apply for a buffer strip use permit by the means described above.

(8) "Department" means the Department of Natural Resources.

(9) "Development permit" means a permit issued by the lake manager pursuant to COMAR 08.08.05.06 a.

(10) "General public" means those persons who do not hold a valid buffer strip use permit or who are not the tenants or guests of a person who holds a valid buffer strip use permit.

(11) "Houseboat" means a boat constructed for use as a residence or used principally as a residence.

(12) "Lake" means the area of pooled water within the watershed of Deep Creek in Garrett County, Maryland, formed by the hydroelectric dam and the lake bottom.

(13) "Lake manager" means the official of the Department who is designated to manage the lake on behalf of the Department in accordance with this subtitle.

(14) "Land records" means the duly recorded documents filed, recorded, and indexed in the custody of the Clerk of the Circuit Court for Garrett County.

(15) "Multiple family dwelling" means a residential building containing more than one separate living unit.

(16) "Nonconforming use" means an activity on, or a use of, the buffer strip or Deep Creek Lake, or both, which does not conform to the regulations of this subtitle, but which existed lawfully and under authorization of the Department before May 5, 1986.

(17) "Nonconforming use permit" means a permit issued by the lake manager for any activity on, or use of, the buffer strip or Deep Creek Lake which does not conform to the regulations of this subtitle, but which existed lawfully and under authorization of the Department before May 5, 1986.

(18) "Penelec" means the Pennsylvania Electric Company.

(19) "Permanent structure or facility" means a structure or facility imbedded in the land or otherwise affixed to the buffer strip or lake bottom so as to be not readily removable.

(20) "Recreational permit" means a permit issued by the Department to a person who did not:

(a) Own land adjacent to the buffer strip or adjacent to a public right-of-way adjacent to the buffer strip; or

(b) Hold deeded access to the buffer strip.

(21) "Special permit" means a permit issued by the lake manager for any temporary or permanent alteration or improvement, or both, to or of the buffer strip.

(22) "Temporary structure or facility" means a structure or facility placed on the buffer strip or in the lake so as to be readily removable.

(23) Usable Buffer Strip.

(a) "Usable buffer strip" means frontage on the buffer strip which meets one of the following tests:

(i) At a lake level of 2,462 feet of elevation, along a line drawn perpendicular to the buffer strip line and the adjoining property line, a depth of 4 feet of water is reached within 50 feet; or

(ii) At a lake level of 2,462 feet of elevation, along a line drawn perpendicular to the 2,462 feet elevation line, a depth of 4 feet is reached within 50 feet, within the boundaries of the permit site.

(b) "Usable buffer strip" does not include exceeding the total foot frontage along the buffer strip boundary held by the permittee.

(24) "Vessel" means a water craft, other than a sea plane, used or capable of being used as means of transportation on the water.

Md. Code Regs. 08.08.01.02

Regulation .02B amended effective July 10, 1989 (16:13 Md. R. 1419)