Md. Code Regs. 27.02.01.01

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

Section 27.02.01.01 - [Effective 1/20/2025] Definitions

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

B. Terms Defined.

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

(1-1) "Agricultural best management practice" has the meaning stated in COMAR 27.01.01.01.

(2) "Agriculture" has the meaning stated in COMAR 27.01.01.01.

(3) "Anadromous fish" has the meaning stated in COMAR 27.01.01.01.

(4) [Repealed]

(5) [Repealed]

(6) "Buffer" has the meaning stated in COMAR 27.01.01.01.

(6-1) "Chair" has the meaning stated in COMAR 27.01.01.01.

(7) "Clearcutting" has the meaning stated in COMAR 27.01.01.01.

(7-1) "Clearing" has the meaning stated in COMAR 27.01.01.01.

(7-2) "Climate" means a long-term trend in weather that extends over multiple decades.

(7-3) "Climate resilient practice" means a management measure that, in the context of sea level rise, increasing tidal inundation, increasing average temperatures, precipitation changes, and coastal and riverine flooding:

(a) Guides and informs decisions regarding the siting, design, construction, or reconstruction of a development project; and

(b) Enables a natural system to absorb disturbance and adapt while undergoing change, so as to retain essentially the same identity, structure, and function.

(8) "Cluster development" has the meaning stated in COMAR 27.01.01.01.

(8-1) "Coastal hazard" means an episodic, naturally occurring event or long-term coastal process that causes, or has foreseeable potential to cause, substantial damage to a given stretch of shoreline or a coastal area, including a coastal storm, a tsunami, a flood, shore erosion, and land subsidence.

(9) "Colonial nesting water bird" has the meaning stated in COMAR 27.01.01.01.

(10) has the meaning stated in COMAR 27.01.01.01.

(11) "Commission" has the meaning stated in COMAR 27.01.01.01.

(12) [Repealed]

(13) "Critical Area" has the meaning stated in COMAR 27.01.01.01.

(13-1) "Design life" means the projected life expectancy of a structure or project.

(14) "Development" has the meaning stated in COMAR 27.01.01.01.

(15) "Developed woodlands" has the meaning stated in COMAR 27.01.01.01.

(16)

(17) "Endangered species " has the meaning stated in COMAR 27.01.01.01.

(18) "Energy generating system " has the meaning stated in Land Use Article, § 4-211, Annotated Code of Maryland.

(19) "Fishery activity" has the meaning stated in COMAR 27.01.01.01.

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

(21) "Forest interior dwelling bird" has the meaning stated in COMAR 27.01.01.01.

(22) "Forest management" has the meaning stated in COMAR 27.01.01.01.

(23) "Habitat protection area" has the meaning stated in COMAR 27.01.01.01.

(24) "Highly erodible soil" has the meaning stated in COMAR 27.01.01.01.

(25) "Hydric soil" has the meaning stated in COMAR 27.01.01.01.

(26) Repealed.

(27) "K-factor" has the meaning stated in COMAR 27.01.01.01.

(28) "Landward edge" has the meaning stated in COMAR 27.01.01.01.

(29) "Marina" means any facility for the mooring, berthing, storing, or securing of watercraft, but not including community piers and other noncommercial boat docking and storage facilities.

(29-1) Major Development.

(a) "Major development" means development on a scale that may cause:

(i) Statewide, regional, or interjurisdictional environmental or economic effects in the Critical Area; or

(ii) Substantial impact on the Critical Area program of a local jurisdiction.

(b) "Major development" includes:

(i) An airport, power plant, major solar energy generating system, wastewater treatment plant, highway, port, regional utility transmission facility, prison, hospital, public housing project, public beach, and an intensely developed park and recreation facility; and

(ii) A development or project authorized by the Public Service Commission under a Certificate of Public Convenience and Necessity.

(30) "Marina" has the meaning stated in COMAR 27.01.01.01.

(31) "Mean high water line" has the meaning stated in COMAR 27.01.01.01.

(31-1) "Minor development" means development of a reduced scale that:

(a) Causes environmental or economic consequences that are largely confined to the immediate area of the parcel of land on which the development is located;

(b) Is consistent with the local Critical Area program;

(c) Does not substantially affect the Critical Area program of the local jurisdiction; and

(d) Is not considered by the Commission to be major development.

(32) "Natural features" has the meaning stated in COMAR 27.01.01.01.

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

(34) "Natural vegetation" has the meaning stated in COMAR 27.01.01.01.

(35) "Nonpoint source pollution" has the meaning stated in COMAR 27.01.01.01.

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

(37) "Offsets" has the meaning stated in COMAR 27.01.01.01.

(38) [Repealed]

(39) [Repealed]

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

(40-1) "Plant habitat" has the meaning stated in COMAR 27.01.01.01.

(41) "Port" has the meaning stated in COMAR 27.01.01.01.

(42) "Public water-oriented recreation" has the meaning stated in COMAR 27.01.01.01.

(43) [Repealed]

(44) "Redevelopment" has the meaning stated in COMAR 27.01.01.01.

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

(46) "Riparian habitat" has the meaning stated in COMAR 27.01.01.01.

(46-1) "Road" has the meaning stated in COMAR 27.01.01.01.

(46-2) "Sea level rise" means a rise in mean sea level that impacts a coastal area through seasonally high tides, prolonged inundation, or permanent submergence.

(47) Repealed.

(48) "Selection" has the meaning stated in COMAR 27.01.01.01.

(48-1) "Shoreline stabilization measure" has the meaning stated in COMAR 27.01.01.01.

(49) Repealed.

(50) "Soil conservation and water quality plan" has the meaning stated in COMAR 27.01.01.01.

(50-1) "Solar energy generating system" has the meaning stated in COMAR 27.01.14.01.

(51) "Species in need of conservation" has the meaning stated in COMAR 27.01.01.01.

(52) [Repealed]

(53) State and Local Agency Actions.

(a) "State and local agency actions" means any direct action, including an action undertaken by a private sponsor on behalf of a State or local agency, such as construction, that causes development to occur.

(b) "State and local agency actions" include:

(i) The issuance of a Certificate of Public Convenience and Necessity by the Maryland Public Service Commission that results in development within the Critical Area; and

(ii) The issuance of a Certificate of Public Necessity by the Maryland Hazardous Waste Facilities Siting Board which allows the siting of a hazardous waste disposal facility.

(c) "State and local agency actions" do not include:

(i) Actions required or specifically provided for by the Critical Area criteria, including construction or installation of structures or measures in order to implement approved stormwater management, grading, or sediment control plans, and the construction or installation of structures or measures on farms in order to implement approved soil conservation and water quality plans;

(ii) Actions causing development which are subject to approval under a Critical Area program by the local agency responsible for implementation of that program; or

(iii) Dredging of any waterway in the Critical Area that is conducted in accordance with applicable State and federal laws, rules, and regulations.

(54) "Steep has the meaning stated in COMAR 27.01.01.01.

(55) "Stormwater" has the meaning stated in COMAR 27.01.01.01.

(56) Repealed.

(57)

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

(58-1) "Tree" has the meaning stated in Natural Resources Article, § 5-1601, Annotated Code of Maryland.

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

(60) "Utility transmission facility" has the meaning stated in COMAR 27.01.01.01.

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

(62) [Repealed]

(63) "Waterfowl" has the meaning stated in COMAR 27.01.01.01.

(64) "Wildlife corridor" has the meaning stated in COMAR 27.01.01.01.

(65) "Wildlife habitat" has the meaning stated in COMAR 27.01.01.01.

Md. Code Regs. 27.02.01.01

Regulation .01B amended effective February 8, 2010 (37:3 Md. R. 177); October 29, 2012 (39:21 Md. R. 1380)
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.