Md. Code Regs. 27.01.01.01

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

Section 27.01.01.01 - Definitions

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

B. Terms Defined.

(1) "Afforestation" means the establishment of a tree crop on an area from which it has always or very long been absent, or the planting of open areas which are not presently in forest cover.

(2) Agricultural Best Management Practice.

(a) "Agricultural best management practice" means an agronomic, conservation, or pollution control practice, installation, or structure that manages soil loss, nutrients, animal wastes, or agricultural chemicals so as to minimize their movement into State waters.

(b) "Agricultural best management practice" includes strip cropping, terracing, cover crops, grass waterways, animal waste management, conservation tillage, riparian buffers, nutrient management, and stream protection practices such as fencing, stream crossings, and remote watering devices.

(c) "Agricultural best management practice" does not include a shoreline stabilization measure authorized by the Department of the Environment under COMAR 26.24.04.

(2-1) Agriculture.

(a) "Agriculture" means an activity related to the production or management of livestock, crops, vegetation, or soil.

(b) "Agriculture" includes:

(i) Tillage, harvest, fertilization, pest management, cropping, pasturing, or production of an agricultural product, including livestock, poultry, plants, trees, sod, food, feed, and fiber; and

(ii) An activity that directly contributes to the production, conversion, processing, storage, or sale of agricultural products primarily generated on-site.

(3) "Agricultural easement" means a nonpossessory interest in land which restricts the conversion of use of the land, preventing nonagricultural uses.

(4) "Anadromous fish" means fish that travel upstream (from their primary habitat in the ocean) to freshwaters in order to spawn.

(5) "Aquaculture" has the meaning stated in Natural Resources Article, § 4-11A-01(b), Annotated Code of Maryland.

(6) "Barren land" means unmanaged land having sparse vegetation.

(7) [Repealed]

(8) Buffer.

(a) "Buffer" means an area that:

(i) Based on conditions present at the time of development, is immediately landward from mean high water of tidal waters, the edge of each bank of a tributary stream, or the landward boundary of a tidal wetland; and

(ii) Exists or may be established in natural vegetation to protect a stream, tidal wetland, tidal waters, or terrestrial environment from human disturbance.

(b) "Buffer" includes an area of:

(i) At least 100 feet, even if that area was previously disturbed by human activity; and

(ii) Expansion for contiguous areas, including a steep slope, hydric soil, highly erodible soil, nontidal wetland, or a Nontidal Wetland of Special State Concern as defined in COMAR 26.23.01.01.

(9) "Clearcutting" means the removal of the entire stand of trees in one cutting with tree reproduction obtained by natural seeding from adjacent stands or from trees that were cut, from advanced regeneration or stump sprouts, or from planting of seeds or seedlings by man.

(10) "Cluster development" means a residential development in which dwelling units are concentrated in a selected area or selected areas of the development tract so as to provide natural habitat or other open space uses on the remainder.

(11) Colonial Nesting Water Bird.

(a) "Colonial nesting water bird" means a species of bird that, for the purpose of nesting, congregates, or colonizes, in relatively few areas.

(b) "Colonial nesting water bird" includes egrets, glossy ibises, herons, and terns.

(12) "Commercial harvesting" means a commercial operation that would alter the existing composition or profile, or both, of a forest, including all commercial cutting operations done by companies and private individuals for economic gain.

(13) "Commission" means the Critical Area Commission for the Chesapeake Bay and Atlantic Coastal Bays.

(14) "Community pier" has the meaning stated in Natural Resources Article, § 8-1808.5(a), Annotated Code of Maryland.

(15) "Comprehensive or master plan" means a compilation of policy statements, goals, standards, maps, and pertinent data relative to the past, present, and future trends of the local jurisdiction including, but not limited to, its population, housing, economics, social patterns, land use, water resources and their use, transportation facilities, and public facilities, prepared by or for the planning board, agency, or office.

(16) "Conservation easement" means a nonpossessory interest in land which restricts the manner in which the land may be developed in an effort to reserve natural resources for future use.

(16-1) Consolidation.

(a) "Consolidation" means a combination of any legal parcels of land or recorded, legally buildable lots into fewer parcels or lots.

(b) "Consolidation" includes any term used by a local jurisdiction for a development application that proposes to combine legal parcels of land or recorded, legally buildable lots into fewer parcels or lots than the number that existed before the application, such as a subdivision, lot line abandonment, boundary line adjustment, replatting request, or lot line adjustment.

(17) Repealed.

(18) Critical Area.

(a) "Critical Area means the Chesapeake Bay Critical Area and the Atlantic Coastal Bays Critical Area except areas excluded under Natural Resources Article, § 8-1807(d), Annotated Code of Maryland.

(b) Critical Area includes:

(i) The initial planning area of the Chesapeake Bay Critical Area consisting of all waters of and lands under the Chesapeake Bay and its tributaries to the head of tide as indicated on the State wetlands maps, and all State and private wetlands designated under Title 16 of the Environment Article;

(ii) The initial planning area of the Atlantic Coastal Bays Critical Area consisting of all waters of and lands under the coastal bays and their tributaries to the head of tide as indicated on the State wetlands maps, and all State and private wetlands designated under Title 16 of the Environment Article;

(iii) Except in accordance with §B(18)(b)(iv) of this regulation, all water and land areas within 1,000 feet beyond the landward boundaries of State or private wetlands and the heads of tides designated under Title 16 of the Environment Article;

(iv) All water and land areas within 1,000 feet beyond the landward boundaries of State or private wetlands as shown on the Statewide Base Map in accordance with Ch. 119, Acts of 2008, where the process of transition from reliance on the State wetlands maps to the Statewide base maps has occurred and these maps were approved by the Commission; and

(v) Modification to these areas through inclusions or exclusions proposed by local jurisdictions and approved by the Commission as specified in Natural Resources Article, § 8-1807, Annotated Code of Maryland.

(19) "Density" means the number of dwelling units per acre within a defined and measurable area.

(20) "Developed woodlands" means an area of trees or an area of trees and natural vegetation that is interspersed with residential, commercial, industrial, institutional, or recreational development.

(20-1) "Developer" has the meaning stated in Natural Resources Article,§ 8-1802(a), Annotated Code of Maryland.

(21) Development.

(a) "Development" means a human activity that materially affects the condition or use of dry land, land under water, or a structure.

(b) "Development" includes redevelopment.

(21-1) "Development envelope" includes an individually owned lot, the lot coverage on that individually owned lot, a road, a utility, a stormwater management measure, an onsite sewage disposal measure, any area subject to human use such as an active recreation area, any required buffers, and any additional acreage necessary to meet the requirements of the Program.

(21-2) Disturbance.

(a) "Disturbance" means any alteration or change to the land.

(b) "Disturbance" includes any amount of clearing, grading, or construction activity.

(c) "Disturbance" does not include gardening or maintenance of an existing grass lawn.

(22) "Dwelling unit" has the meaning stated in Natural Resources Article,§ 8-1802(a), Annotated Code of Maryland.

(23) "Ecosystem" means a more or less self-contained biological community together with the physical environment in which the community's organisms occur.

(23-1) "Endangered species " means a species of flora or fauna whose continued viability is determined to be in jeopardy, in accordance with the provisions of:

(a) The federal Endangered Species Act of 1973, 16 U.S.C. §§ 1531 - 1544;

(b) Natural Resources Article, Title 4, Subtitle 2A or Title 10, Subtitle 2A, Annotated Code of Maryland; or

(c) COMAR 08.03.08.

(23-2) "Establishment" means the planting or regeneration of native vegetation throughout the buffer.

(24) "Excess stormwater runoff" means all increases in stormwater resulting from:

(a) An increase in the lot coverage on the site, including all additions to buildings, roads, and parking lots;

(b) Changes in permeability caused by compaction during construction or modifications in contours, including the filling or drainage of small depression areas;

(c) Alteration of drainageways or regrading of slopes;

(d) Destruction of forest; or

(e) Installation of collection systems to intercept street flows or to replace swales or other drainageways.

(24-1) "Financial assurance" means a performance bond, letter of credit, cash deposit, insurance policy, or other instrument of security acceptable to a local jurisdiction.

(25) Fishery Activity.

(a) "Fishery activity" means a commercial water-dependent fishery operation, including a structure for the packing, processing, canning, or freezing of finfish, crustaceans, or mollusks.

(b) "Fishery activity" includes a location where an activity related to a commercial water-dependent fishery operation occurs, such as wholesale and retail sale, product storage, crab shedding, off-loading, shellfish culture, or a shore-based facility necessary for an aquaculture operation.

(26) "Forest" has the meaning stated in Natural Resources Article, § 5-1601, Annotated Code of Maryland.

(27) "Forest interior dwelling bird" means a species of bird that requires relatively large forested tracts in order to breed successfully, such as various species of flycatchers, warblers, vireos, and woodpeckers.

(28) "Forest management" means the protection, manipulation, and utilization of the forest to provide multiple benefits, such as timber harvesting, water transpiration, wildlife habitat, etc.

(29) "Forest practice" means the alteration of the forest either through tree removal or replacement in order to improve the timber, wildlife, recreational, aesthetic, or water quality values.

(29-1) Habitat Protection Area.

(a) "Habitat protection area" means an area that is designated for protection:

(i) Under Natural Resources Article, § 8-1806, Annotated Code of Maryland, regulations adopted under that authority, or a local program; or

(ii) By the Secretary of Natural Resources.

(b) "Habitat protection area" includes:

(i) The Buffer as described in COMAR 27.01.01.01B(8);

(ii) A nontidal wetland as defined in COMAR 26.24.01.02B;

(iii) A habitat of a threatened species as defined in COMAR 27.01.09.03A;

(iv) A habitat of an endangered species as defined in COMAR 27.01.09.03A;

(v) A habitat of a species in need of conservation as defined in COMAR 27.01.09.03A;

(vi) A plant habitat as defined in COMAR 27.01.09.04A;

(vii) A wildlife habitat as defined in COMAR 27.01.09.04A; and

(viii) Anadromous fish propagation waters as defined in COMAR 27.01.09.05A.

(30) "Highly erodible soils" means those soils with a slope greater than 15 percent or those soils with a K value greater than 0.35 and with slopes greater than 5 percent.

(31) Repealed

(32) "Hydric soils" means soils that are wet frequently enough to periodically produce anaerobic conditions, thereby influencing the species composition or growth, or both, of plants on those soils.

(33) "Hydrophytic vegetation" means those plants cited in "Vascular Plant Species Occurring in Maryland Wetlands" (Dawson, F. et al., 1985) which are described as growing in water or on a substrate that is at least periodically deficient in oxygen as a result of excessive water content (plants typically found in wet habitats).

(34) "K-factor" means the soil erodibility factor in the Universal Soil Loss Equation.

(35) "Land-based aquaculture" means the raising of fish or shell fish in any natural or man-made, enclosed or impounded, water body.

(36) "Land clearing" means any activity that removes the vegetative ground cover.

(37) "Landforms" means features of the earth's surface created by natural causes.

(37-1) "Locally significant habitat" means a plant or wildlife habitat that may not be of Statewide significance but, in a local jurisdiction's Critical Area program, is considered to be significant in a local or regional context because the habitat contains a species:

(a) Uncommonly found or of limited occurrence in that area; or

(b) With an unusually high concentration in that area.

(37-2) "Lot coverage" has the meaning stated in Natural Resources Article,§ 8-1802(a), Annotated Code of Maryland.

(38) Marina.

(a) "Marina" means a commercial facility for the mooring, berthing, storing, or securing of vessels.

(b) "Marina " does not include a community pier, a private pier, or any other noncommercial facility for the docking or storage of vessels.

(39) "Mean high water line" means the average level of high tides at a given location.

(39-1) "Mitigation" means an action taken to compensate for an adverse impact to the environment resulting from a development activity or a change in land use or intensity.

(39-2) Modified Buffer Area.

(a) "Modified buffer area" means an area of land:

(i) Where a pattern of residential, industrial, commercial, or recreational development existed in the 100-foot Buffer on December 1, 1985 in the Chesapeake Bay Critical Area or on June 1, 2002 in the Atlantic Coastal Bays Critical Area; and

(ii) That, as part of a local program approved by the Commission, is shown on a map maintained on file by the local jurisdiction and is subject to modified development provisions.

(b) Modified buffer area includes an area referred to by a local jurisdiction as a buffer exemption area, buffer exempted area, buffer modification area, buffer management area, buffer management overlay, buffer modified area, special buffer management area, special buffer area, or any other similar term that has the same substantive meaning as modified buffer area.

(40) "Natural features" means components and processes present in or produced by nature, including, but not limited to, soil types, geology, slopes, vegetation, surface water, drainage patterns, aquifers, recharge areas, climate, flood plains, aquatic life, and wildlife.

(41) "Natural heritage area" means any communities of plants or animals which are considered to be among the best Statewide examples of their kind, and are designated by regulation by the Secretary of the Department of Natural Resources.

(42) "Natural vegetation" means those plant communities that develop in the absence of human activities.

(43) "Nature-dominated" means a condition where landforms or biological communities, or both, have developed by natural processes in the absence of human intervention.

(44) "Nonpoint source pollution" means pollution generated by diffuse land use activities rather than from an identifiable or discrete facility. It is conveyed to waterways through natural processes, such as rainfall, storm runoff, or ground water seepage rather than by deliberate discharge. Nonpoint source pollution is not generally corrected by "end-of-pipe" treatment, but rather, by changes in land management practices.

(45) [Repealed]

(46) "Nontidal wetland" has the meaning stated in COMAR 26.23.01.01.

(47) "Offsets" means structures or actions that compensate for undesirable impacts.

(48) "Open space" means land and water areas retained in an essentially undeveloped state.

(49) [Repealed]

(50) [Repealed]

(51) "Physiographic features" means the soils, topography, land slope and aspect, and local climate that influence the form and species composition of plant communities.

(51-1) "Pier" has the meaning stated in Natural Resources Article, § 8-1808.4(a), Annotated Code of Maryland.

(51-2) "Plant habitat" means a community of plants commonly identifiable by the composition of its vegetation and its physiographic characteristics, as covered in COMAR 27.01.09.04.

(52) "Port" means a facility or area established or designated by the State or a local jurisdiction for the purpose of water-borne commerce.

(53) "Private harvesting" means the cutting and removal of trees for personal use.

(54) Project Approvals.

(a) "Project approvals" means the approval of development, other than development by a State or local government agency, in the Critical Area by the appropriate local approval authority.

(b) Project approvals includes approval of subdivision plats and site plans, inclusion of areas within floating zones, issuance of variances, special exceptions, and conditional use permits and issuance of zoning permits.

(c) Project approvals does not include building permits.

(55) "Public water-oriented recreation" means shore-dependent recreation facilities or activities provided by public agencies which are available to the general public.

(56-1) Reconfiguration.

(a) "Reconfiguration" means a change of the arrangement of the existing lot or parcel lines of any legal parcel of land or recorded, legally buildable lots.

(b) "Reconfiguration" includes any term used by a local jurisdiction for a development application that proposes to change the arrangement of the existing lot or parcel lines of any legal parcel of land or recorded, legally buildable lot that existed before the application, such as a subdivision, lot line adjustment, boundary line adjustment, replatting request, or a revision of acreage to increase density.

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

(58) "Reforestation" means the establishment of a forest through artificial reproduction or natural regeneration.

(59) [Repealed]

(60) "Riparian habitat" means a habitat that is strongly influenced by water and which occurs adjacent to streams, shorelines, and wetlands.

(60-1) Road.

(a) "Road" means a public thoroughfare under the jurisdiction of the State, a county, a municipal corporation, or any other public body.

(b) "Road" does not include a drive aisle or driveway.

(61) "Seasonally flooded water regime" means a condition where surface water is present for extended periods, especially early in the growing season, and when surface water is absent, the water table is often near the land surface.

(62) "Selection" means the removal of single, scattered, mature trees or other trees from uneven-aged stands by frequent and periodic cutting operations.

(62-1) "Shoreline stabilization measure" includes:

(a) A nonstructural shoreline stabilization measure, as defined under COMAR 26.24.01.02; and

(b) A structural shoreline stabilization measure, as defined under COMAR 26.24.01.02.

(63) "Significantly eroding areas" means areas that erode 2 feet or more per year.

(64) "Soil conservation and water quality plan means an agricultural plan approved by a local soil conservation district to minimize soil erosion and the movement of sediment, animal waste, nutrients, or agricultural chemicals into waters of the State.

(65) "Species in need of conservation" means a species of fauna determined by the Secretary of Natural Resources to be in need of conservation measures for its continued ability to sustain itself successfully, in accordance with the provisions of

(a) Natural Resources Article, Title 4, Subtitle 2A, or Title 10, Subtitle 2A, Annotated Code of Maryland; or

(b) COMAR 08.03.08.

(66) [Repealed]

(67) "Steep slopes" means slopes of 15 percent or greater incline.

(67-1) Structure.

(a) "Structure" means building or construction materials, or a combination of those materials, that are purposely assembled or joined together on or over land or water.

(b) "Structure" includes a temporary or permanent fixed or floating pier, piling, deck, walkway, dwelling, building, boathouse, platform, gazebo, and shelter for the purpose of marina access, navigation, working, eating, sleeping, or recreating.

(68) "Threatened species" means a species of flora or fauna that appears likely within the foreseeable future to become endangered, including a species determined to be a threatened species in accordance with the provisions of:

(a) The federal Endangered Species Act of 1973, 16 U.S.C. §§ 1531 - 1544;

(b) Natural Resources Article, Title 4, Subtitle 2A, or Title 10, Subtitle 2A, Annotated Code of Maryland; or

(c) COMAR 08.03.08.

(69) "Topography" means the existing configuration of the earth's surface including the relative relief, elevation, and position of land features.

(70) "Transitional habitat" means a plant community whose species are adapted to the diverse and varying environmental conditions that occur along the boundary that separates aquatic and terrestrial areas.

(71) "Transportation facilities" means anything that is built, installed, or established to provide a means of transport from one place to another.

(71-1) "Tree" has the meaning stated in Natural Resources Article,§ 5-1601, Annotated Code of Maryland.

(72) "Tributary stream" has the meaning stated in Natural Resources Article, § 8-1802(a), Annotated Code of Maryland.

(73) "Utility transmission facilities" means fixed structures that convey or distribute resources, wastes, or both, including, but not limited to, electric lines, water conduits, and sewer lines.

(73-1) "Vessel" has the meaning stated in Natural Resources Article, § 8-701, Annotated Code of Maryland.

(74) [Repealed]

(75) [Repealed]

(76) [Repealed]

(77) "Waterfowl" means a species of bird that frequents and often swims in water, nests and raises its young near water, and derives at least part of its food from aquatic plants and animals.

(77-1) "Waterfowl staging and concentration area " means an area of open water and adjacent marshes where, as documented by the Department of Natural Resources, waterfowl gather during migration and throughout the winter season.

(78) "Wildlife corridor" means a strip of land having vegetation that provides habitat and a safe passageway for wildlife.

(79) "Wildlife habitat" means a plant community and physiographic features that provide food, water and cover, nesting, and foraging or feeding conditions necessary to maintain a population of animals in the Critical Area, as described in COMAR 27.01.09.04.

Md. Code Regs. 27.01.01.01

Regulation .01B amended effective April 6, 2009 (36:7 Md. R. 527); August 10, 2009 (36:16 Md. R. 1251); February 8, 2010 (37:3 Md. R. 177); March 8, 2010 (37:5 Md. R. 428); November 1, 2010 (37:22 Md. R. 1555); March 5, 2012 (39:4 Md. R. 339); October 29, 2012 (39:21 Md. R. 1380); September 2, 2013 (40:17 Md. R. 1421)
Regulation .01 amended effective 41:25 Md. R. 1487, eff.12/22/2014 ; amended effective 45:5 Md. R. 289, eff. 3/12/2018; amended effective 46:22 Md. R. 976, eff. 11/4/2019; amended effective 47:13 Md. R. 644, eff. 6/29/2020; amended effective 48:5 Md. R. 218, eff. 3/8/2021; amended effective 48:18 Md. R. 694, eff. 9/6/2021; amended effective 49:3 Md. R. 139, eff. 2/7/2022; amended effective 50:4 Md. R.111-172, eff. 3/6/2023