[Amended 6-26-2001 by Bill No. 2001-11]
For the purpose of this chapter, the following definitions describe the meanings of the terms used in the chapter. Definitions applicable to terms used in the Critical Area District not already contained herein shall be the same as those contained in the Chesapeake Bay Critical Area criteria, COMAR 27.01.01.
AFFORESTATIONThe establishment of a tree crop on an area from which it has always or very long been absent, or the planting of open areas that are not presently in forest cover.
AGRICULTURAL EASEMENTA nonpossessory interest in land which restricts the conversion of use of the land, preventing nonagricultural uses.
AGRICULTUREThe bona fide use of a parcel of land for cultivation, raising of poultry and livestock and similar agrarian activity, including the producing of crops; breeding, boarding or training of animals; horticulture; apiaries; hydroponics; viniculture; forestry; aquaculture; and the related buildings, structures and appurtenances necessary to carry out the aforementioned activities as approved by the Advisory Board.
ANADROMOUS FISHFish that travel upstream (from their primary habitat in the ocean) to fresh water in order to spawn.
AQUACULTUREA. Farming or culturing of finfish, shellfish, other aquatic plants or animals or both, in lakes, streams, inlets, estuaries, and other natural or artificial water bodies or impoundments;
Activities include hatching, cultivating, planting, feeding, raising, and harvesting of aquatic plants and animals and the maintenance and construction of necessary equipment, buildings, and growing areas; and
Cultivation methods include, but are not limited to, seed or larvae development and grow-out facilities, fish ponds, shellfish rafts, rack and longlines, seaweed floats and the culture of clams and oysters on tidelands and subtidal areas. For the purpose of this definition, related activities such as wholesale and retail sales, processing and product storage facilities are not considered aquacultural practices.
BEST MANAGEMENT PRACTICE (BMP)Conservation practices or systems of practices and management measures that control soil loss and reduce water quality degradation caused by nutrients, animal waste, toxic substances and sediment. Agricultural BMPs include, but are not limited to, strip cropping, terracing, contour stripping, grass waterways, animal waste structures, ponds, minimal tillage, grass and naturally vegetated filter strips and proper nutrient application measures.
BUFFERAn existing, naturally vegetated area or an area established in natural vegetation in order to protect streams, tidal wetlands, tidal waters, shoreline and terrestrial environments from man-made disturbances. In the Critical Area District, the minimum Buffer is a continuous area located immediately landward from the mean high-water of tidal waters, the edge of the bank of tributary streams in the critical area, or the edge of a tidal wetlands and has a minimum width of 100 feet. The Buffer shall be expanded beyond the minimum depth to include certain sensitive areas as per requirements established in this chapter.
[Amended 8-2-2011 by Bill No. 2011-07]
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.
CLUSTER DEVELOPMENTA residential development to 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.
COLONIAL NESTING WATER BIRDSHerons, egrets, terns, and glossy ibis. For the purposes of nesting, these birds congregate (that is colonize) in relatively few areas, at which time, the regional populations of these species are highly susceptible to local disturbances.
COMMERCIAL HARVESTINGA 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.
COMMUNITY PIERSBoat docking facilities associated with subdivisions and similar residential areas, and with condominium, apartment and other multiple-family dwelling units. Private piers are excluded from this definition.
COMPREHENSIVE OR MASTER PLANA 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 uses, water resources and their use, transportation facilities and public facilities prepared by or for the Planning Commission.
CONSERVATION EASEMENTA nonpossessory interest in land that restricts the manner in which the land may be developed in an effort to conserve natural resources for future use.
CRITICAL AREAAll lands and waters defined in § 8-1807 of the Natural Resources Article. They include:
A. All waters of and lands under the Chesapeake Bay and its tributaries to the head of tide and all state and private wetlands designated under Title 16 of the Environment Article of the Annotated Code of Maryland.
[Amended 8-2-2011 by Bill No. 2011-07]
All land and water 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 of the Annotated Code of Maryland.
[Amended 8-2-2011 by Bill No. 2011-07]
Modification to these areas through inclusions or exclusions proposed by Wicomico County and approved by the Commission as specified in § 8-1807 of the Natural Resources Article of the Annotated Code of Maryland.
CRITICAL AREA DISTRICTThe Wicomico County portions of the critical area, as defined in the definition of "critical area" above.
CRITICAL AREA PROGRAMThe Wicomico County Chesapeake Bay Critical Area Program, as amended, as approved by the Chesapeake Bay Critical Area Commission on September 6, 1989.
DENSITYThe number of dwelling units per acre of gross area of a development tract, unless otherwise specified.
DEVELOPED WOODLANDSAn area of trees and natural vegetation interspersed with institutional or recreational development.
[Amended 8-2-2011 by Bill No. 2011-07]
A person who undertakes development activity as defined in this chapter or who undertakes development as defined in the criteria of the Critical Area Commission.
[Added 8-2-2011 by Bill No. 2011-07]
A human activity that results in disturbance to land, natural vegetation, or a structure, including but not limited to, the following:
[Amended 8-2-2011 by Bill No. 2011-07]
A. An activity shown on a subdivision plat, revised plat, site plan, building/zoning permit or forest preservation plan; and/or
An activity that results in the construction or substantial alteration of any residential, commercial, industrial, institutional, recreational (including golf courses), or transportation facilities or structures.
DEVELOPMENT PADThe area of a lot within a larger overall lot area that is devoted to structures and septic systems. In general, where a development pad is prescribed, the remaining area of the lot must be maintained in natural vegetation.
DISTURBANCEAny alteration or change to the land. This includes any amount of clearing, grading or construction activity. This does not include gardening or maintenance of an existing grass lawn.
[Amended 8-2-2011 by Bill No. 2011-07]
Forested areas where the occurrence of interior dwelling birds, during the breeding season, has been demonstrated as a result of on-site surveys using standard biological survey techniques.
DRAINAGEWAYSMinor watercourses that are defined either by soil type or by the presence of intermittent or perennial streams or topography that indicates a swale where surface sheet flows join, including the land, except where areas are designated as floodplain, on either side of and within 50 feet of the center line of any intermittent or perennial stream shown on the United States Geological Service's seven-and-one-half-minute quadrangle sheets covering the unincorporated areas of Wicomico County.
DWELLING UNITA single unit providing complete, independent living facilities for at least one person, including permanent provisions for sanitation, cooking, eating, sleeping, and other activities routinely associated with daily life. This includes a living quarters for a domestic employee or other tenant, an in-law or accessory apartment, a guest house or a caretaker residence.
[Added 8-2-2011 by Bill No. 2011-07]
A more or less self-contained biological community, together with the physical environment in which the community's organisms occur.
ENVIRONMENTAL ASSESSMENTA comprehensive report that describes the natural features and characteristics of a proposed development site, the changes that will occur as the result of proposed development activities on the site, the anticipated environmental impacts and consequences of the proposed development and mitigation measures to be taken to minimize undesirable impacts to the environment.
EXCESS STORMWATER RUNOFFAll increases in stormwater resulting from:
A. An increase in the imperviousness of the site, including all additions to buildings, roads, and parking lots;
Changes in permeability caused by compaction during construction or modifications in contours, including the filling or drainage of small depression areas;
Alteration of drainageways, or regrading of slopes;
Destruction of forest; or
Installation of collection systems to intercept street flows or to replace swales or other drainageways.
FISHERIES ACTIVITIESCommercial water-dependent fisheries facilities, including structures for the packing, processing, canning or freezing of finfish, crustaceans, mollusks and amphibians and reptiles, and also including related activities, such as wholesale and retail sales, product storage facilities, crab shedding, off-loading docks, shellfish culture operations and shore-based facilities necessary for aquaculture operations.
FORESTA biological community dominated by trees and other woody plants covering a land area of 10,000 square feet or greater. This includes areas that have at least 100 trees per acre with at least 50% of those trees having a two-inch or greater diameter at 4.5 feet above the ground and larger. This also includes forests that have been cut but not cleared. Forest does not include orchards.
[Amended 8-2-2011 by Bill No. 2011-07]
Species of birds which require relatively large forested tracts in order to breed successfully (for example, various species of flycatchers, warblers, vireos, and woodpeckers).
FOREST MANAGEMENTThe protection, manipulation and utilization of the forest to provide multiple benefits, such as timber harvesting, wildlife habitat, etc.
FOREST PRACTICEThe alteration of the forest, either through tree removal or replacement, in order to improve the timber, wildlife, recreational or water quality values.
GRANDFATHEREDDescribes the status accorded certain properties and development activities that are of record prior to the date of adoption of this chapter.
GROWTH ALLOCATIONA. An area of land calculated as 5% of the total resource conservation area (excluding tidal wetlands and federally owned land), that the County may convert to more intense management areas to accommodate land development; also
A resolution of the County Council, i.e., approving the growth allocation, which provides for conversion of a property or properties located in a resource conservation area (RCA) and/or the limited development area (LDA) in the Critical Area District to another land management classification which allows an increase in the permitted density.
HABITAT PROTECTION AREASInclude Palustrian Nontidal wetlands, threatened and endangered species habitat, plant and wildlife habitats, anadromous fish spawning propagation waters and species in need of conservation habitat, as defined in the Wicomico County Critical Area Program. When not otherwise indicated by the text, habitat protection areas also include the critical area buffer.
HIGHLY ERODIBLE SOILSSoils with a slope greater than 15% or those soils with a K value greater than 0.35 with slopes greater than 5%.
HISTORIC WATERFOWL STAGING AND CONCENTRATION AREAAn area of open water and adjacent marshes where waterfowl gather during migration and throughout the winter season. These areas are historic in the sense that their location is common knowledge and because these areas have been used regularly during recent times.
HYDRIC SOILSSoils that are wet frequently enough to periodically produce anaerobic conditions, thereby influencing the species composition or growth, or both, of plants on those soils.
HYDROPHYTIC VEGETATIONThose 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 water habitats).
IMMEDIATE FAMILYFather, mother, son, daughter, grandfather, grandmother, grandson or granddaughter.
INTENSELY DEVELOPED AREA (IDA)An area of at least 20 acres or the entire upland portion of the critical area within a municipal corporation, whichever is less, where residential, commercial, institutional, or industrial developed land uses predominate; and a relatively small amount of natural habitat occurs. "IDA" includes:
[Added 8-2-2011 by Bill No. 2011-07]
A. An area with a housing density of at least four dwelling units per acre; or
An area with public water and sewer systems with a housing density of more than three dwelling units per acre.
K VALUEThe soil erodibility factor in the universal soil loss equation. It is a quantitative value that is experimentally determined.
LAND-BASED AQUACULTUREThe raising of fish or shellfish in any natural or man-made, enclosed or impounded, water body.
LAND CLEARINGAny activity that removes the vegetative ground cover.
LANDFORMSFeature of the earth's surface created by natural causes.
LIMITED DEVELOPMENT AREA (LDA)An area that is developed in low- or moderate-intensity uses and contains areas of natural plant and animal habitats and where the quality of runoff has not been substantially altered or impaired. "LDA" includes an area with a housing density ranging from one dwelling per five acres up to four dwelling units per acre; with a public water or sewer system; that is not dominated by agricultural land, wetland, forests, barren land, surface water, or open space; or that is less than 20 acres and otherwise qualifies as an intensely developed area.
[Added 8-2-2011 by Bill No. 2011-07]
Percentage of a total lot or parcel that is:
[Added 8-2-2011 by Bill No. 2011-07]
A. Occupied by a structure, accessory structure, parking area, driveway, walkway or roadway; or
Covered with gravel, stone, shell, impermeable decking, a paver, permeable pavement or any man-made material. Lot coverage includes the ground area covered or occupied by a stairway or impermeable deck, but does not include: a fence or wall that is less than one foot in width that has not been constructed with a footer; a walkway in the Buffer or expanded Buffer, including a stairway, that provides direct access to a community or private pier; a wood mulch pathway; or a deck with gaps to allow water to pass freely.
MARINAAny facility for the mooring, berthing, storing or securing of watercraft, but not including community piers and other noncommercial boat docking and storage facilities.
MINOR SITE PLANSite plans for less than three duplexes, an accessory building and/or addition to a commercial or industrial use structure in those cases where a field inspection and review of the critical area habitat maps indicates that the scope of the proposed accessory building and/or addition is of such a nature that the provisions for handling of natural and stormwater, sediment control, off-street parking, setbacks, water and sewerage, habitat protection and other requirements can be adequately addressed with a simplified site plan and environmental assessment process.
MINOR SUBDIVISIONAny subdivision containing five or fewer lots, plats, sites or other division of land.
NATURAL FEATURESComponents 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, floodplains, aquatic life and wildlife.
NATURAL HERITAGE AREAAny 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.
NATURE-DOMINATEDA condition where landforms or biological communities, or both, have developed by natural processes in the absence of human activities.
NONPOINT SOURCE POLLUTIONPollution 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 groundwater 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.
NONTIDAL WETLANDSThose areas where the water table is usually at or near the surface or where the soil or substrate is covered by shallow water at some time during the growing season and which are usually characterized by one of the following:
A. At least periodically, the land supports predominantly hydrophytic vegetation. "Land periodically supporting predominantly hydrophytic vegetation" is defined to mean areas of natural vegetation where the water table is at the surface of the land for at least two weeks during the growing season.
The substrate is predominantly undrained hydric soils (i.e., does not have tile drains or drainage ditches).
OFFSETSStructures or actions that compensate for undesirable impacts.
OPEN SPACEUndeveloped land used primarily for resource protection or recreational purposes; land and water areas retained for use as active or passive recreation areas in an essentially underdeveloped state or land areas retained in natural cover, agricultural or commercial forestry use.
OPEN WATERTidal waters of the state that do not contain tidal wetlands and/or submerged aquatic vegetation.
OVERBURDENThe strata or material in its natural state, before its removal by surface mining, overlying a mineral deposit, or in between mineral deposits.
PAD DEVELOPMENTThe area of a lot within a larger overall lot area that is devoted to structures and septic systems. In general, where a development pad is prescribed, the remaining area of the lot must be maintained in natural vegetation.
PALUSTRINEAll nontidal wetlands dominated by trees, shrubs, persistent emergent plants, or emergent mosses or lichens and all such wetlands that occur in tidal areas where the salinity due to ocean-derived salts is below 1/2 part per 1,000 parts of water.
PERSONAn individual, firm, partnership, association, corporation, company, organization, contractor, property owner or any other entity.
[Added 8-2-2011 by Bill No. 2011-07]
The soils, topography, land slope and aspect, and local climate that influence the form and species composition of plant communities.
PORTA facility or area established or designated by the state or local jurisdictions for purposes of waterborne commerce.
PROGRAM AMENDMENTAny change or proposed change to an adopted program that is not determined by the Chairman of the Critical Area Commission to be a program refinement.
[Added 8-2-2011 by Bill No. 2011-07]
Any change or proposed change to an adopted program that the Chairman of the Critical Area Commission determines will result in a use of land or water in the Chesapeake Bay Critical Area or Atlantic Coastal Bays Critical Area in a manner consistent with the adopted program or that will not significantly affect the use of land or water in the critical area. Program refinement may include:
[Added 8-2-2011 by Bill No. 2011-07]
A. A change to an adopted program that results from state law;
A change to an adopted program that affects local processes and procedures;
A change to a local code that clarifies an existing provision; or
A minor change to an element of an adopted program that is clearly consistent with the provisions of state critical area law and all the criteria of the Commission.
PROJECT APPROVALSThe approval of development, other than development by the state or local government, in the Chesapeake Bay critical area by the appropriate local approval authority. The term 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. The term does not include building permits.
PROPERTY OWNERAny person, group of persons, family, firm or firms, corporation or corporations, partnership or any other legal entity having legal title to or substantial proprietary interest in the land at issue under this chapter.
[Added 8-2-2011 by Bill No. 2011-07]
The reasonable rehabilitation of disturbed land for useful purposes, and the protection of the natural resources of adjacent areas, including waterbodies.
REDEVELOPMENTThe process of developing land that is or has been developed.
REFORESTATIONThe establishment of a forest through artificial reproduction or natural regeneration.
RENEWABLE RESOURCEA resource that can renew or replace itself and, therefore, with proper management, can be harvested indefinitely.
RESOURCE CONSERVATION AREAAn area that is a nature-dominated environment, such as wetlands, surface water, forests, and open space and prime land for resource-based activities, such as agriculture, forestry, fisheries, or aquaculture. This includes an area with a housing density of less than one dwelling per five acres.
[Added 8-2-2011 by Bill No. 2011-07]
A habitat that is strongly influenced by water and which occurs adjacent to streams, shorelines, and wetlands.
SEASONALLY FLOODED WATER REGIMEA 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.
SELECTIONThe removal of single, scattered, mature trees or other trees from uneven-aged stands by frequent and periodic cutting operations.
SHORE EROSION CONTROL MEASURESAny of number of structural and nonstructural methods or techniques for controlling the erosion of shoreline areas. More specifically, the term refers to:
A. NONSTRUCTURALCreation of an intertidal marsh fringe, channelward of the existing bank, by one of the following methods:
(1) Vegetation: planting an existing shore with a wide band of vegetation.
Bank sloping/vegetation: sloping and planting a nonwooded bank to manage tidal water contact, using structures to contain sloped materials, if necessary.
Contained beach: filling along the shore with sandy materials, grading and containing the new beach to eliminate tidal water contact with the bank.
(1) REVETMENTFacing laid on a sloping shore to reduce wave energy and contain shore materials.
BULKHEADAre excluded due to adverse impacts to the near-shore marine environment, except in the following special cases:
(a) Replacement of existing bulkheads;
Repair, maintenance or rehabilitation of existing bulkheads; and
As approved by the Maryland Department of the Environment and the U.S. Army Corps of Engineers.
SOIL CONSERVATION AND WATER QUALITY PLANSLand use plans for farms that show farmers how to make the best possible use of their soil and water resources while protecting and conserving those resources for the future. It is a document containing a map and related plans that indicate:
A. How the landowner plans to treat a farm unit.
Which best management practices the landowner plans to install to treat undesirable conditions.
The schedule for applying best management practices.
SPECIAL BUFFER AREAAn area officially mapped by the County and approved by the Critical Area Commission as a special Buffer area where it has been sufficiently demonstrated that the existing pattern of residential, industrial, commercial, institutional or recreational development in the critical area prevents the Buffer from fulfilling its intended functions for water quality protection and wildlife habitat conservation.
SPECIES IN NEED OF CONSERVATIONThose fish and wildlife whose continued existence as part of the state's resources are in question and which may be designated by regulation by the Secretary of Natural Resources as in need of conservation pursuant to the requirements of Natural Resources Article 10-2A-06 and 4-2A-03, Annotated Code of Maryland.
SPOIL PILEThe overburden and reject materials as piled or deposited during surface mining.
THINNINGA forest practice used to accelerate tree growth of quality trees in the shortest interval of time.
TIDAL WETLANDSState wetlands, defined as any land under the navigable waters of the state below the mean high-water line affected by the regular rise and fall of tide, and private wetlands, defined as any land not considered state wetlands bordering or lying beneath tidal waters that are subject to regular or periodic tidal action and support aquatic growth. Private wetlands include wetlands transferred by the state by a valid grant, lease, patent or grant confirmed by Article 5 of the Declaration of Rights of the Constitution to the extent of the interest transferred. The term "regular or periodic tidal action" means the rise and fall of the sea produced by the attraction of the sun and moon uninfluenced by the wind or any other circumstance.
TOPOGRAPHYThe existing configuration of the earth's surface, including the relative relief, elevations and position of land features.
TRANSITIONAL HABITATA plant community whose species are adapted to the diverse and varying environmental conditions that occur along the boundary that separates aquatic and terrestrial areas.
TRANSPORTATION FACILITIESAnything that is built, installed, or established to provide a means of transport from one place to another.
TREEA woody perennial plant having a single, usually elongated, main stem generally with few or no branches on its lower part; a perennial shrub or herb of arborescent form.
TRIBUTARY STREAMSA perennial and intermittent stream in the critical area that has been identified by site inspection or in accordance with local procedures described in this chapter.
[Amended 8-2-2011 by Bill No. 2011-07]
Without a variance, an applicant would be denied reasonable and significant use of the entire parcel or lot for which the variance is requested.
[Added 8-2-2011 by Bill No. 2011-07]
Fixed structures that convey or distribute resources, wastes, or both, including but not limited to electrical lines, water conduits and sewer lines.
WASH PLANTA facility where sand and gravel is washed during processing.
WATER-DEPENDENT FACILITIESStructures or works associated with industrial, maritime, recreational, educational or fisheries activities which Wicomico County has determined require location at or near the shoreline within the Buffer.
WATER-USE INDUSTRYAn industry that requires location near the shoreline because it utilizes surface waters for cooling or other internal purposes.
WATERFOWLBirds which frequent and often swim in water, nest and raise their young near water, and derive at least part of their food from aquatic plants and animals.
WILDLIFE CORRIDORA strip of land having vegetation that provides habitat and a safe passageway for wildlife.