In this chapter, the following terms have the meanings indicated:
Farming activities, including plowing, tillage, cropping,
installation of best management practices, seeding, cultivating, and
harvesting for production of food and fiber products (except commercial
logging and timber harvesting operations), the grazing and raising
of livestock, aquaculture, sod production, orchards, nursery, and
other products cultivated as part of a recognized commercial enterprise.
A person who is applying for subdivision or project plan
approval or a grading or sediment control permit, or who has received
approval of a forest stand delineation or forest conservation plan.
A document:
The diameter measured at two inches above the root collar.
The largest tree of its species within the United States,
the state, Harford County, or the City of Aberdeen.
Manufacturing operations, office complexes, shopping centers,
and other similar uses and their associated storage areas, yarding
and parking areas, and corresponds to the City of Aberdeen zoning
classifications B-3, M-1, and M-2.
The cutting and removing of tree stems from a site for commercial
purposes, leaving the root mass intact.
A critical habitat for an endangered species and its surrounding
protection area. A critical habitat area shall:
Be likely to contribute to the long-term survival of the species;
Be likely to be occupied by the species for the foreseeable
future; and
Constitute habitat of the species which is considered critical
under Natural Resources Article, §§ 4-2A-04 and 10-2A-06,
Annotated Code of Maryland.
A habitat occupied by an endangered species as determined
or listed under Natural Resources Article, §§ 4-2A-04
and 10-2A-04, Annotated Code of Maryland.
A signed and notarized statement by a landowner or the landowner's
agent certifying that the activity on the landowner's property:
Is for certain activities exempted under this chapter or Natural
Resources Article, §§ 5-103 and 5-1601 through 5-1612,
Annotated Code of Maryland;
Does not circumvent the requirements of this chapter or Natural
Resources Article, §§ 5-103 and 5-1601 through 5-1612,
Annotated Code of Maryland; and
Does not conflict with the purposes of any other declaration
of intent; or
The document required under COMAR 08.19.01.05 or this chapter.
The Department of Planning and Community Development, which
is charged with implementing the local forest conservation program.
For the purposes of afforestation, reforestation, or payment
into a fund:
The forestry board created for each State forest conservancy
district under Natural Resources Article, §§ 5-601
through 5-610, Annotated Code of Maryland.
The retention of existing forest or the creation of new forest
at the levels set by the state or Department.
An agreement as stated in Tax Property Article, § 8-211,
Annotated Code of Maryland.
A plan approved pursuant to Natural Resources Article, §§ 5-1606
and 5-1607, Annotated Code of Maryland.
The current version of the State Forest Conservation Technical
Manual incorporated by reference, used to establish standards of performance
required in preparing forest stand delineations and forest conservation
plans.
The area of a site meeting the definition of forest.
A plan establishing best conservation and management practices
for a landowner in assessment of the resource values of forested property.
An area of land which has been intentionally afforested or
reforested for the express purpose of providing credits for reforestation
requirements.
An agreement entered into by an individual owning a forest
mitigation bank and the Department or local government which commits
the owner to certain procedures and requirements when creating and
operating the forest mitigation bank.
A plan submitted for approval of a forest mitigation bank
to the Department, or a local government with an approved local program,
by an individual proposing to establish a forest mitigation bank.
The methodology for evaluating the existing vegetation on
a site proposed for development, as provided in the City of Aberdeen's
Forest Conservation Technical Manual.
The period of consecutive frost-free days as stated in the
current soil survey for Harford County published by the National Cooperative
Soil Survey Program, 16 U.S.C. § 590 (a) through (f).
Areas zoned for densities greater than one dwelling unit
per acre, including both existing and planned development and their
associated infrastructure, such as roads, utilities, and water and
sewer service, and corresponds to the City of Aberdeen zoning classifications
of R-1, R-2, R-3, B-1, and B-2.
Schools, colleges and universities, transportation facilities, golf courses, recreation areas, and parks, and corresponds to the City of Aberdeen zoning classifications of R-1, R-2, R-3, B-1, B-3, ORE, and AG. Cemeteries are subject to special exception approval from the Board of Appeals; see Chapter 235, Development Code, of the Code of the City of Aberdeen.
A stream in which surface water is absent during a part of
the year as shown on the most recent 7.5 minute topographic quadrangle
published by the United States Geologic Survey as confirmed by field
verification.
A plan:
A project which:
Is elongated with nearly parallel sides;
Is used to transport a utility product or public service not
otherwise contained in an application for subdivision, such as electricity,
gas, water, sewer, communications, trains, and vehicles; and
May traverse fee simple properties through defined boundaries,
or established easement rights.
Each unit in the executive, legislative, or judicial branch
of a county or municipal government, including the Departments of
Planning and Community Development and Public Works.
A unit of land, the boundaries of which have been established
by subdivision of a larger parcel, and which will not be the subject
of further subdivision, as defined by Natural Resources Article, § 5-1601,
Annotated Code of Maryland, and this chapter without an approved forest
stand delineation and forest conservation plan.
The short-term management agreement associated with afforestation
or reforestation plans required under Natural Resource Article, § 5-1605,
Annotated Code of Maryland, and this chapter.
Areas zoned for densities greater than one dwelling unit
per five acres and less than or equal to one dwelling unit per acre,
including both existing and planned development and their associated
infrastructure, such as roads, utilities, and water and sewer service,
and corresponds to the City of Aberdeen zoning classification of R-1,
R-2, and R-3.
A project:
A single, relatively high-density development project, usually
commercial in nature, which includes two or more types of uses, and
corresponds to the City of Aberdeen zoning classification of IBD.
The natural establishment of trees and other vegetation with
at least 400 woody, free-to-grow seedlings per acre, which are capable
of reaching a height of at least 20 feet at maturity.
Except in agriculture and resource areas, the total area of
a site, including both forested and nonforested areas, to the nearest
1/10 acre, reduced by that area where forest clearing is restricted
by another local chapter or program;
In agriculture and resource areas, the part of the total tract
for which land use will be changed or will no longer be used for primarily
agricultural activities, reduced by that area where forest clearing
is restricted by another local chapter or program; and
An area that is:
Inundated or saturated by surface water or groundwater at a
frequency and duration sufficient to support, and under normal conditions
does support, a prevalence of vegetation typically adapted for life
in saturated soil conditions, commonly known as hydrophytic vegetation;
and
Considered a nontidal wetland in accordance with the publication
known as the "Federal Manual for Identifying and Delineating Jurisdictional
Wetlands," published in 1989 and as may be amended and interpreted
by the United States Environmental Protection Agency.
Nontidal wetlands does not include tidal wetlands regulated
under Natural Resources Article, Title 9, Annotated Code of Maryland.
Outside of the limits of the area encompassed by the tract.
A flood which has a one-percent chance of being equaled or
exceeded in any given year. Except for Class III waters (natural trout
streams), a body of water with a watershed less than 400 acres is
excluded.
An area along or adjacent to a stream or body of water, except
tidal waters, that is capable of storing or conveying floodwaters
during a one-hundred-year frequency storm event, or a one-hundred-year
flood.
Within the limits of the area encompassed by the tract, including
an area classified as a one-hundred-year floodplain.
A stream containing surface water throughout an average rainfall
year, as shown on the most recent 7.5 minute topographic quadrangle
published by the United States Geologic Survey, as confirmed by field
verification.
The federal government, the state, a 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.
A development comprised of a combination of land uses or
varying intensities of the same land use in accordance with an integrated
plan that provides flexibility in land use design approved by the
City of Aberdeen with at least 20% of the land permanently dedicated
to open space and corresponds to the City of Aberdeen zoning classifications
R-1, R-2, and R-3.
A construction, grading, or sediment control activity on
an area of 40,000 square feet or greater by a local agency.
Any:
"Reforestation" or "reforested" means the:
Creation of a biological community dominated by trees and other
woody plants containing at least 100 live trees per acre with at least
50% of those trees having the potential of attaining a two-inch or
greater diameter measured at 4.5 feet above the ground, within seven
years; or
Establishment of a forest according to procedures set forth
in the current version of the State Forest Conservation Technical
Manual.
"Reforestation" or "reforested" includes landscaping of areas
under an approved landscaping plan establishing a forest at least
35 feet wide and covering 2,500 square feet or more of area.
"Reforestation" or "reforested" for a linear project involving
overhead transmission lines may consist of a biological community
dominated by trees and woody shrubs with no minimum height or diameter
criteria.
Any of the following activities, when that activity occurs
on a unit of land which is 40,000 square feet or greater:
The deliberate holding and protecting of existing trees,
shrubs, or plants on the site according to established standards as
provided in the current version of the State Forest Conservation Technical
Manual.
The authorization of an activity regulated under a sediment
control plan as provided in Environment Article, Title 4, Annotated
Code of Maryland.
An unbranched woody plant, less than 24 inches in height
and having a diameter of less than 1/2 inch measured at two inches
above the root collar.
The careful and planned removal of trees, shrubs, and plants
using specific standards and protection measures under an approved
forest conservation plan.
All lands lying within 50 feet, measured from the top of
each normal bank of a perennial or intermittent stream.
Any division of a unit of land into two or more lots or parcels
for the purpose, whether immediate or future, of transfer of ownership,
sale, lease, or development.
Property or unit of land subject to an application for a
grading or sediment control permit, subdivision approval, project
plan approval, or areas subject to this chapter.
The entire property subject to a planned unit development.
A large, branched woody plant having one or several self-supporting
stems or trunks that reach a height of at least 20 feet at maturity.
All land lying within an area described as a subbasin in
water quality regulations adopted by the Department of the Environment
under COMAR 26.08.02.08.
An unbranched woody plant greater than 24 inches in height
and having a diameter of less than one inch measured at two inches
above the root collar.
