Md. Code Regs. 08.19.01.03

Current through Register Vol. 51, No. 12, June 14, 2024

Section 08.19.01.03 - Definitions

A. The terms in §B of this regulation have the meanings indicated. Terms used in this subtitle apply to both the local program and the State program. Terms not defined in this regulation have the meanings given to them in Natural Resources Article, §§ 5-103 and 5-1601 -5-1612, Annotated Code of Maryland.

B. Terms Defined.

(1) "Afforestation" means the:

(a) Establishment of a forest on an area on which forest cover has been absent for a long period of time; or

(b) Planting of open areas which are not presently in forest cover.

(2) "Agricultural support building" means a building other than a human residence necessary to sustain an agricultural activity.

(3) "Applicant" means a person who:

(a) Is applying for:

(i) Subdivision approval;

(ii) A grading or sediment control permit; or

(iii) Project plan approval if the applicant is a State or local agency; or

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

(4) "Approved forest management plan" means a document:

(a) Approved by the Department's forester assigned to the county in which the property is located; and

(b) Which operates as a protective agreement for forest conservation as described in Natural Resources Article, § 5-1607(e) and (f), Annotated Code of Maryland.

(5) "Approving authority" means:

(a) The Department of Natural Resources for subdivision, project plans, grading, or sediment control activities proposed by a local or State agency; or

(b) A unit of government responsible for reviewing subdivision, project plans, grading, or sediment control plans within the local jurisdiction.

(6) "Assistant Secretary" means the Assistant Secretary of Resource Management Services in the Department of Natural Resources.

(7) Repealed.

(8) "Champion tree" means the largest tree of its species within the United States, the State, county, or municipality.

(9) Repealed.

(10) "Critical habitat area" means a critical habitat for an endangered species and its surrounding protection area. A critical habitat area:

(a) Is likely to contribute to the long-term survival of the species;

(b) Is likely to be occupied by the species for the foreseeable future; and

(c) Constitutes habitat of the species which is considered critical under Natural Resources Article, § 4-2 A-06 or 10-2A-06, Annotated Code of Maryland.

(11) "Critical habitat for endangered species" means a habitat occupied by an endangered species as determined or listed under Natural Resources Article, § 4-2 A-04 or 10-2A-04, Annotated Code of Maryland.

(12) "Declaration of intent" means a document required under Regulation .05 of this chapter which is a signed and notarized statement by a landowner or the landowner's agent certifying that the activity on the landowner's property:

(a) Is for certain activities exempted under this subtitle or Natural Resources Article, §§ 5-103 and 5-1601 - 5-1612, Annotated Code of Maryland;

(b) Does not circumvent the requirements of this subtitle or Natural Resources Article, §§ 5-103 and 5-1601 - 5-1612, Annotated Code of Maryland; and

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

(13) "Department" means the Department of Natural Resources, except within the Model Ordinance under COMAR 08.19.03 when it is defined as the department charged with implementing the local forest conservation program.

(14) Development Project.

(a) "Development project" means the grading or construction activities occurring on areas of 40,000 square feet or greater.

(b) "Development project" includes redevelopment.

(15) "Development project completion" means, for the purposes of implementing afforestation and reforestation requirements or completing payment into a fund:

(a) The release of the development bond, if required;

(b) Acceptance of the project's streets, utilities, and public services by the local authority; or

(c) A designation by the State or local authority that a:

(i) Development project has been completed; or

(ii) Particular stage of a staged development project, including a planned unit development, has been completed.

(16) "Director" means the Director of the Forest Service in the Department.

(17) "Extenuating circumstances" means conditions requiring extension of a set time limit to:

(a) Process an application;

(b) Render a decision; or

(c) Conduct a public hearing.

(18) "Forest conservancy district board" means the forestry board created for each State forest conservancy district under Natural Resources Article, §§ 5-601 -5-610, Annotated Code of Maryland.

(19) "Forest Conservation and Management Agreement" means an agreement as stated in Tax-Property Article, §8-211, Annotated Code of Maryland.

(20) Repealed.

(21) "Forest management plan" means a plan establishing best conservation and management practices for a landowner in assessment of the resource values of forested property.

(21-1) "Forest mitigation bank" means an area of land which has been intentionally afforested or reforested for the express purpose of providing credits for afforestation and reforestation requirements.

(21-2) "Forest mitigation bank agreement" means an agreement entered into by an individual owning a forest mitigation bank and the Department, or local government with an approved local program, which commits the banker to certain procedures and requirements when creating and operating the forest bank.

(21-3) "Forest mitigation bank plan" means a plan for approval of a forest mitigation bank submitted to the Department, or a local government having an approved local program, by an individual proposing to establish a forest mitigation bank.

(22) "Growing season" means the period of consecutive frost-free days as stated in the current soil survey for each county published by the National Cooperative Soil Survey Program, 16 U.S.C. § 590(a) -(f).

(23) "Landscaping plan" means a plan:

(a) 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;

(b) Using native or indigenous plants when appropriate; and

(c) Which is made part of an approved forest conservation plan.

(24) "Local agency" means each unit of local government in the executive, legislative, or judicial branch of a county or municipal government, including an office or department of public works.

(25) "Local authority" means the unit of local government charged with adopting or implementing the local program.

(26) "Local program" means the forest conservation program adopted and administered by a unit of local government having planning and zoning authority and approved by the Department.

(27) "Lot" means a unit of land, the boundaries of which have been established by subdivision of a larger parcel, and which will not be the subject of further subdivision, as defined by Natural Resources Article, § 5-1601, Annotated Code of Maryland, and this subtitle, without an approved forest stand delineation and forest conservation plan.

(28) "Maintenance agreement" means the short-term management agreement associated with afforestation or reforestation plans required under Natural Resources Article, § 5-1605(c)(9), Annotated Code of Maryland.

(29) "Minor development project" means a project which is:

(a) On less than 5 acres of land containing not more than four lots per acre;

(b) A minor subdivision as defined in the approved local forest conservation program; or

(c) Defined in the approved local forest conservation program as substantively similar to §B(29)(a) of this regulation.

(30) "Municipality" means a municipal corporation.

(31) "Offsite" means outside the limits of the area encompassed by a tract.

(32) "Onsite" means within the limits of an area encompassed by a tract, including an area classified as a 100-year floodplain.

(33) "Priority funding area" means an area designated as a priority funding area under § 5-7 B-02 of the State Finance and Procurement Article.

(34) "Project plan" means a construction, grading, or sediment control activity on an area of 40,000 square feet or greater, conducted by a local or State agency.

(35) "Public utility" means any:

(a) Transmission line or electric generating station; or

(b) Water, sewer, electric, gas, telephone, or television cable service line.

(36) "Qualified professional" means a person who meets the requirements of COMAR 08.19.06.01A.

(37) "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:

(a) Subdivision;

(b) Grading;

(c) An activity that requires a sediment control permit; or

(d) Project plan of a State or local agency.

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

(39) "Sediment control permit" means the authorization of an activity regulated under a sediment control plan as provided in Environment Article, Title 4, Annotated Code of Maryland.

(40) "State agency" means a unit in the executive, legislative, or judicial branch of the State government or a unit that is created by public general law and operates in at least two counties.

(41) "State program" means the State forest conservation program administered by the Department.

(42) "Stream restoration project" means an activity that:

(a) Is designed to stabilize stream banks or enhance stream function or habitat located within an existing stream waterway, or floodplain;

(b) Avoids and minimizes impacts to forests and provides for replanting on-site an equivalent number of trees to the number removed by the project;

(c) May be performed under a municipal separate storm sewer system permit, a watershed implementation plan growth offset, or another plan administered by the local government to achieve or maintain water quality standards; and

(d) Is not performed to satisfy stormwater management, wetlands mitigation, or any other regulatory requirement associated with proposed development activity.

(43) "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.

(44) Timber Harvesting.

(a) "Timber harvesting" means a tree-cutting operation affecting 1 or more acres of forest or developed woodland within a 1-year interval that disturbs 5,000 square feet or more of forest floor.

(b) "Timber harvesting" does not include grubbing and clearing of root mass.

(45) "Tract" means property or unit of land subject to an application for a grading or sediment control permit, subdivision approval, project plan approval, or areas subject to this subtitle.

(46) "Tract for a planned unit development" means the entire property subject to a planned unit development.

(47) Variance.

(a) "Variance" means relief from Natural Resources Article, §§ 5-1601 -5-1612, Annotated Code of Maryland, or this subtitle.

(b) "Variance" does not mean a zoning variance.

(48) "Watershed" means all land lying within an area described as a subbasin in water quality regulations adopted by the Department of the Environment under COMAR 26.08.02.08.

Md. Code Regs. 08.19.01.03

Regulation .03B amended effective November 22, 1993 (20:23 Md. R. 1803); July 1, 1996 (23:13 Md. R. 941); June 15, 1998 (25:12 Md. R. 945); August 20, 2001 (28:16 Md. R. 1481);41:2 Md. R. 90, eff. 2/3/2014