Definitions of words and phrases. For
the purposes of this Subtitle, the following definitions shall apply:
ADMINISTRATION
The Maryland Department of the Environment (MDE) Water Management
Administration (WMA).
ADVERSE IMPACT
Any deleterious effect on waters or wetlands, including their
quality, quantity, surface area, species composition, aesthetics or
usefulness for human or natural uses. Such deleterious effect is or
may potentially be harmful or injurious to human health, welfare,
safety or property or to biological productivity, diversity or stability
or may unreasonably interfere with the enjoyment of life or property,
including outdoor recreation.
AGRICULTURAL BEST MANAGEMENT PRACTICE
An agricultural practice employed for the conservation of
resources on a farm as described by the Natural Resources Conservation
Service (NRCS), United States Department of Agriculture (USDA) in
the Field Office Technical Guide (FOTG) for Worcester County, Maryland,
as may be amended from time to time.
AGRICULTURAL LAND MANAGEMENT PRACTICES
Those methods and procedures used on a farm to further crop
and livestock production and conservation of related soil and water
resources. The application of agricultural practices shall be governed
by the conservation practices developed by the NRCS and listed in
the Maryland Technical Guide. Logging and timber removal operations
shall not be considered a part of this definition.
AGRICULTURAL STRUCTURE
A structure built on a farm used to further crop and livestock
production and the conservation of related soil and water resources.
The structure may be used for basic processing of products produced
on the farm on which it is located. Basic processing does not change
the form of the product but does include treatment such as cutting,
drying and packing necessary for storing and marketing. Agricultural
structures cannot be used for human occupancy nor are they intended
for access by the general public.
APPLICANT
Any person, firm, or government agency that executes the
necessary forms to apply for a permit or approval to carry out construction
of a project.
BEST MANAGEMENT PRACTICES (BMP)
A structural device or nonstructural practice designed to
temporarily store or treat stormwater runoff in order to mitigate
flooding, reduce pollution, and provide other amenities.
CLEAR
To remove vegetative ground cover while leaving the root
mat intact.
CONCEPT PLAN
The first of three plans submitted under the comprehensive
review and approval process required by the Act and described in COMAR
26.17.02, as from time to time amended, and which shall include the
information necessary to allow an initial evaluation of a proposed
project.
DEPARTMENT
The Maryland Department of the Environment.
DEVELOPER
A person undertaking or for whose benefit any or all of the
activities covered by this Subtitle are commenced and carried on.
General contractors or subcontractors, or both, without a proprietary
interest in a project are not included within this definition.
DISTRICT
The Worcester Soil Conservation District.
DRAINAGE AREA
That area contributing runoff to a single point measured
in a horizontal plane, which is enclosed by a ridge line.
ENVIRONMENTAL SITE DESIGN (ESD)
The use of small-scale stormwater management practices, nonstructural
techniques, and better site planning to mimic natural hydrologic runoff
characteristics and minimize the impact of land development on water
resources.
EROSION
The process by which the land surface is worn away by the
action of wind, water, ice or gravity.
EROSION AND SEDIMENT CONTROL PLAN
An erosion and sediment control strategy or plan to minimize
erosion and prevent off-site sedimentation by containing sediment
on site or by passing sediment-laden runoff through a sediment control
measure, prepared and approved in accordance with the requirements
of this Subtitle and the Standards and Specifications.
EXEMPTION
Those land development activities that are not subject to
the erosion and sediment control requirements contained in this Subtitle.
FINAL EROSION AND SEDIMENT CONTROL PLAN
Associated with the final stormwater management plan, the
last of three plans submitted under the comprehensive review and approval
process required by the Act and described in COMAR 26.17.02, as from
time to time amended. Final erosion and sediment control plans shall
be prepared and approved in accordance with the specific requirements
of the Worcester Soil Conservation District and this Subtitle and
designed in accordance with the Standards and Specifications.
GRADE
To cause disturbance of the earth. This shall include but
not be limited to any excavating, filling, stockpiling of earth materials,
grubbing, root mat or topsoil disturbance or any combination thereof.
GRADING UNIT
The maximum contiguous area allowed to be graded at a given
time.
[Amended 7-18-2017 by
Bill No. 17-7]
HIGHLY ERODIBLE SOILS
Those soils with a slope greater than fifteen percent or
those soils with a soil erodability factor, K, greater than 0.35 and
with slopes greater than five percent.
INSPECTION AGENCY
The Worcester County Department of Environmental Programs.
[Amended 7-18-2017 by
Bill No. 17-7]
MAXIMUM EXTENT PRACTICABLE (MEP)
Designing stormwater management systems so that all reasonable
opportunities for using ESD planning techniques and treatment practices
are exhausted and only where absolutely necessary is a structural
BMP implemented.
OWNER/DEVELOPER
A person undertaking activities covered by this Subtitle
or for whose benefit such activities are carried on. General contractors
or subcontractors, or both, without a proprietary interest in a project
are not included with this definition.
PERMITTEE
Any person to whom a building or grading permit has been
issued.
PERSON
Includes the federal government, the state, any county, municipal
corporation or other political subdivision of the state or any of
their units or an individual, receiver, trustee, guardian, executor,
administrator, fiduciary or representative of any kind or any partnership,
firm, association, public or private corporation or any of their affiliates
or any other entity.
RESPONSIBLE PERSONNEL
Any foreman, superintendent or project engineer who is in
charge of on-site clearing and grading operations or implementation
and maintenance of an erosion and sediment control plan.
SEDIMENT
Soils or other surficial materials transported or deposited
by the action of wind, water, ice, gravity or artificial means.
SITE
Any tract, lot or parcel of land or combination of tracts,
lots or parcels of land which are in one ownership or are contiguous
and in diverse ownership where development is to be performed as part
of a unit, subdivision or project.
SITE DEVELOPMENT PLAN
The second of three plans submitted under the comprehensive
review and approval process required by the Act and described in COMAR
26.17.02, as from time to time amended. A site development plan shall
include the information necessary to allow a detailed evaluation of
a proposed project.
STABILIZATION
The prevention of soil movement by any of various vegetative
and/or structural means.
STANDARD PLAN
A plan or plans for certain minor earth disturbances or forestry
operations which are developed by the District and approved by the
Maryland Department of the Environment in accordance with the provisions
of § NR 1-206(d) hereof, which meet the intent of the 2011
Maryland Standards and Specifications for Soil Erosion and Sediment
Control, as may be amended from time to time, and which when chosen
by the applicant to be used for a project and approved by the District
for use in the particular case may be used in lieu of the three-step
plan approval process and detailed submittal requirements as found
in § NR 1-206 herein.
STANDARDS AND SPECIFICATIONS
The 2011 Maryland Standards and Specifications for Soil Erosion
and Sediment Control and any subsequent revisions.
STORMWATER
Water that originates from a precipitation event.
STORMWATER MANAGEMENT SYSTEM
Natural areas, ESD practices, stormwater management measures,
and any other structure through which stormwater flows, infiltrates,
or discharges from a site.
VARIANCE
Modification of the minimum erosion and sediment control
requirements for exceptional circumstances such that strict adherence
to the requirements would result in unnecessary hardship and not fulfill
the intent of this Subtitle.
WATERSHED
The total drainage area contributing runoff to a single point.
WETLANDS
Any area that has saturated soils or periodic high groundwater
levels and vegetation adapted to wet conditions and periodic flooding.