Md. Code Regs. 27.01.01.01

Current through Register Vol. 52, No. 1, January 10, 2025

Section 27.01.01.01 - [Effective 1/20/2025] Definitions

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

B. Terms Defined.

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

(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.

(a) "Anadromous fish" means a species of fish that spawns in freshwater by traveling upstream from its primary ocean habitat.

(b) "Anadromous fish" means rockfish, yellow perch, white perch, shad, and river herring.

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

(6) Repealed.

(7) [Repealed]

(8) Buffer.

(a) "Buffer" means an area that:

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

(8-1) "Chair" means the Chair of the Critical Area Commission for the Chesapeake and Atlantic Coastal Bays.

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

(9-1) Clearing.

(a) "Clearing" means an activity that removes trees and vegetative cover from the land.

(b) "Clearing" may include removing trees and leaving stumps, only if leaving stumps is authorized under an approved timber harvest plan.

(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 Plan.

(a) "Comprehensive 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 its population, housing, economics, social patterns, land use, water resources and their use, transportation facilities, and public facilities, that is prepared by or for the planning board, agency, or office.

(b) "Comprehensive plan" includes a general plan and a master plan.

(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 cutting, 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) "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.

(23-1) "Establishment" means the planting or regeneration of native vegetation throughout the buffer.

(24) "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, including timber harvesting, water transpiration, and wildlife and plant habitats.

(29) 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 defined in this regulation and set forth in COMAR 27.01.09;

(ii) A nontidal wetland, as defined in Environment Article, § 5-901, Annotated Code of Maryland, and as applied by the Department of the Environment;

(iii) A habitat of a threatened species, as defined in this regulation and set forth in COMAR 27.01.09.03;

(iv) A habitat of an endangered species, as defined in this regulation and set forth in COMAR 27.01.09.03;

(v) A habitat of a species in need of conservation, as defined in this regulation and set forth in COMAR 27.01.09.03;

(vi) A plant habitat, as defined in this regulation and set forth in COMAR 27.01.09.04;

(vii) A wildlife habitat, as defined in this regulation and set forth in COMAR 27.01.09.04; and

(viii) Anadromous fish propagation waters, as defined and set forth in COMAR 27.01.09.05.

(30) "Highly erodible soil" means a soil with:

(a) A slope greater than 15 percent; or

(b) A K-factor greater than 0.35 and a slope greater than 5 percent.

(31) Repealed

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

(33) Intensely Developed Area.

(a) "Intensely developed area" has the meaning stated in Natural Resources Article, § 8-1802(a), Annotated Code of Maryland.

(b) "Intensely developed area" includes the provisions of COMAR 27.01.02.03.

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

(35) "Landward edge" means the limit of a site feature that is farthest away from the mean high water line of tidal waters, from the landward boundary of a tidal wetland, or from the edge of a bank of a tributary stream.

(36) Repealed.

(37) Limited Development Area.

(a) "Limited development area" has the meaning stated in Natural Resources Article, § 8-1802(a), Annotated Code of Maryland.

(b) "Limited development area" includes the provisions of COMAR 27.01.02.04.

(37-1) "Locally significant habitat" means a wildlife or plant habitat that may not be of Statewide significance but, in a local jurisdictions 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 first 100 feet of the 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 soil types, geology, slopes, vegetation, surface water, drainage patterns, aquifers, recharge areas, climate, a floodplain, and fish, wildlife, and plant habitats.

(41) "Natural heritage area" has the meaning stated in COMAR 08.03.08.01, as designated in COMAR 08.03.08.10.

(42) "Natural vegetation" means a plant community that develops in the absence of human activity.

(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 the introduction of a contaminant into the natural environment that is generated by diffuse land use activities and is conveyed to a waterway through natural processes, such as stormwater or groundwater seepage.

(45) [Repealed]

(46) "Nontidal wetland" has the meaning stated in Environment Article, § 5-901, Annotated Code of Maryland, and as applied by the Department of the Environment.

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

(51-1) "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) Repealed.

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

(59) Resource Conservation Area.

(a) "Resource conservation area" has the meaning stated in Natural Resources Article, § 8-1802(a), Annotated Code of Maryland.

(b) "Resource conservation area" includes the provisions of COMAR 27.01.02.05.

(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) Repealed.

(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) Repealed.

(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) "Steep slope" means a slope with an incline of at least 15 percent.

(67) Stormwater.

(a) "Stormwater" has the meaning stated in COMAR 26.17.02.02.

(b) "Stormwater" includes runoff associated with:

(i) An increase in lot coverage onsite, including all additions to a building, road, or parking lot;

(ii) A change in permeability caused by compaction during construction or a modification in contour, including the filling or drainage of a small depression area;

(iii) Alteration of a drainageway or the regrading of a slope;

(iv) Destruction of forest and developed woodland; and

(v) Installation of a collection system to intercept street flow or to replace a swale or other drainageway.

(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.

(67-2) Subdivision.

(a) "Subdivision" has the meaning stated in Land Use Article, § 1-101, Annotated Code of Maryland.

(b) "Subdivision" includes division of a parcel under Natural Resources Article, §8-108.2, Annotated Code of Maryland, and the creation of a condominium regime under Real Property Article, Title 11, Annotated Code of Maryland.

(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 facility" has the meaning stated in Transportation Article, § 3-101, Annotated Code of Maryland.

(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.

(72-1) "Upland" has the meaning stated in COMAR 26.24.01.02B.

(73) Utility Transmission Facility.

(a) "Utility transmission facility" means a fixed structure that conveys or distributes resources, wastes, or both, including electric lines, water conduits, and sewer lines.

(b) "Utility transmission facility" does not include a power plant.

(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.

(a) "Wildlife corridor" means an area of vegetation that connects wildlife habitats and provides wildlife habitat and passage.

(b) "Wildlife corridor" includes a habitat protection area, as defined in this regulation, and a wetland migration area, as defined in COMAR 27.01.14.01.

(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; amended effective 52:1 Md. R. 1-46, eff. 1/20/2025.