The following
words have the following meanings for the purposes of implementing
the Critical Area Program, and the singular always include the plural,
and vice versa, except where such construction would be unreasonable:
ABATEMENT
The act of putting an end to a land alteration or development
activity or reducing the degree or intensity of the alteration or
activity.
ACCESSORY
A structure that is detached from a principal structure,
located on the same lot and clearly incidental and subordinate to
a principal structure, or if there is no principal structure on the
lot, a structure that is customarily incidental and subordinate to
a principal structure.
ADDITION
A newly constructed area that increases the size of a structure.
AFFORESTATION
The establishment of a tree crop on an area from which it
has always or very long been absent, or the planting of open areas
which are not presently in forest cover.
AGRICULTURAL EASEMENT
A nonpossessory interest in land, which restricts the conversion
of use of the land, preventing nonagricultural uses.
AGRICULTURE
All methods of production and management of livestock, crops,
vegetation, and soil. This includes, but is not limited to, the related
activities of tillage, fertilization, pest control, harvesting, and
marketing. It also includes, but is not limited to, the activities
of feeding, housing, and maintaining animals such as cattle, dairy
cows, sheep, goats, hogs, horses, and poultry and handling their by-products.
ANADROMOUS FISH
Fish that travel upstream (from their primary habitat in
the ocean) to freshwater in order to spawn.
ANADROMOUS FISH PROPOGATON WATERS
Those streams that are tributary to the Chesapeake Bay and
Atlantic Coastal Bays in which the spawning of anadromous species
of fish (e.g., rockfish, striped bass, yellow perch, white perch,
shad, and river herring) occurs or has occurred. The streams are identified
by the Department of Natural Resources.
AQUACULTURE
(1)
The 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;
(2)
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
(3)
Cultivation methods include, but are not limited to, seed or
larvae development and grow-out facilities, fish pens, 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 aquaculture practices.
BEST MANAGEMENT PRACTICES (BMPs)
Conservation practices or systems of practices and management
measures that control soil loss and reduce water quality degradation
caused by nutrients, animal waste, toxics 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.
BUFFER
Area that based on conditions at the time of development
is immediately landward from mean high water of tidal waterways, the
edge of bank of a tributary stream, or the edge of a tidal wetland;
and the area exists in, or is established in, natural vegetation to
protect a stream, tidal wetland, tidal waters or terrestrial environments
from human disturbance. The buffer includes an area of at least 100
feet even if that area was previously disturbed by human activity
or is currently developed and also includes any expansion for contiguous
sensitive areas, such as a steep slope, hydric soil, highly erodible
soil, nontidal wetland, or a Nontidal Wetland of Special State Concern
as defined in the COMAR 26.23.01.01.
BUFFER MANAGEMENT PLAN
(1)
A narrative, graphic description, or plan of the buffer that
is necessary when an applicant proposes a development activity that
will:
(a)
Affect a portion of the buffer;
(b)
Alter buffer vegetation; or
(c)
Require the establishment of a portion of the buffer in vegetation.
(2)
"Buffer management plan" includes a major buffer management
plan, a minor buffer management plan, and a simplified buffer management
plan.
CANOPY TREE
A tree that, when mature, reaches a height of at least 35
feet.
CLEARCUTTING
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 DEVELOPMENT
A 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 BIRDS
Herons, 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.
COMAR
The Code of Maryland Regulations, as from time to time amended,
including any successor provisions.
COMMERCIAL HARVESTING
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.
COMMUNITY PIERS
Boat docking facilities associated with subdivisions or similar
residential areas, and with condominium, apartment and other multiple-family
dwelling units. Private piers are excluded from this definition.
COMPREHENSIVE OR MASTER PLAN
A 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 Board, agency or office.
CONSERVATION EASEMENT
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.
CONSOLIDATION
A combination of any legal parcel of land or recorded legally
buildable lot into fewer lots or parcels than originally existed.
An application for consolidation may include a subdivision, lot line
abandonment, boundary line adjustment, replatting request, or lot
line adjustment.
CRITICAL AREA
All lands and waters defined in § 8-1807 of the
Natural Resources Article, Annotated Code of Maryland. They include:
(1)
All waters of and lands under the Chesapeake Bay and Atlantic
Coastal Bays and their tributaries to the head of tide;
(2)
All state and private wetlands designated under Title 16 of
the Environment Article, Annotated Code of Maryland;
(3)
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, Annotated Code of Maryland;
and
(4)
Modification to these areas through inclusions or exclusions
proposed by local jurisdictions and approved by the Critical Area
Commission as specified in § 8-1807 of the Natural Resources
Article, Annotated Code of Maryland.
CRITICAL AREA COMMISSION
The Critical Area Commission for the Chesapeake Bay and Atlantic
Coastal Bays as established by the State of Maryland.
DENSITY
The number of dwelling units per acre within a defined and
measurable area.
DEVELOPED WOODLANDS
An area of trees or an area of trees and natural vegetation
that is interspersed with residential, commercial, industrial, institutional,
or recreational development.
DEVELOPER
As stated in Natural Resources Article, § 8-1802(a),
Annotated Code of Maryland, developer means:
(1)
A person who undertakes development as defined in this section;
or
(2)
A person who undertakes development activities as defined in
the criteria of the Commission.
DEVELOPMENT
(1)
A human activity that materially affects the condition or use
of dry land, land under water, or a structure.
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.
DISTURBANCE
An alteration or change to the land. It includes any amount
of clearing, grading, or construction activity. Disturbance does not
include gardening or maintaining an existing grass lawn.
DWELLING UNIT
A 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. "Dwelling unit" includes a living quarters for a
domestic or other employee or tenant, an in-law or accessory apartment,
a guest house, or caretaker residence.
ECOSYSTEM
A more or less self-contained biological community together
with the physical environment in which the community's organisms
occur.
ENDANGERED SPECIES
A species of flora or fauna whose continued viability is
determined to be in jeopardy, in accordance with the provision of:
(1)
The federal Endangered Species Act of 1973, 16 U.S.C. §§ 1531
— 1544;
(2)
Natural Resources Article, Title 4, Subtitle 2A or Title 10,
Subtitle 2A, Annotated Code of Maryland; or
ENVIRONMENTAL SITE DESIGN(ESD)
As defined in COMAR 26.17.02.02, Maryland Department of Environment:
(1)
Using 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.
(2)
Design methods are specified in the Design Manual.
ESTABLISHMENT
The planting or regeneration of native vegetation throughout
the buffer.
FINANCIAL ASSURANCE
A performance bond, letter of credit, cash deposit, insurance
policy, or other instrument of security acceptable to a local jurisdiction.
FISHERIES ACTIVITY
(1)
A commercial water-dependent fishery operation, including a
structure for the packing, processing, canning, or freezing of finfish,
crustaceans, or mollusks.
(2)
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.
FOREST
A biological community dominated by trees and other woody
plants covering a land area of 10,000 square feet or greater. Forest
includes areas that have at least 100 trees per acre with at least
50% of those trees having two-inch or greater diameter at 4.5 feet
above the ground and forest areas that have been cut, but not cleared.
Forest does not include orchards.
FOREST INTERIOR DWELLING BIRDS
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 PRACTICE
The alteration of the forest either through tree removal
or replacement in order to improve the timber, wildlife, recreational,
aesthetic, or water quality values.
FULLY ESTABLISHED
The buffer contains as much diverse, native vegetation as
necessary to support a firm and stable riparian habitat capable of
self-sustaining growth and regeneration.
GRANDFATHERED PARCEL/LOT
A parcel of land that was subdivided into recorded, legally
buildable lots where the subdivision received final approval before
December 1, 1985, or the date of local program adoption.
GROWTH ALLOCATION
Growth allocation is a process whereby local jurisdictions
are allowed to approve additional growth and development in certain
parts of the Critical Area by changing the Critical Area classification
from RCA to either LDA or IDA or from LDA to IDA. Growth allocation
is used to accommodate more intense land uses and development than
what would have been permitted based on the existing classification.
Each county is allotted a finite number of acres that can be used
to reclassify land. Requests to use growth allocation must go through
a rigorous review and approval process at the local level and must
be approved by the local governing body. Following local approval,
growth allocation requests must be submitted to the Critical Area
Commission for review and approval.
HABITAT PROTECTION AREA
(1)
An area that is designated for protection:
(a)
Under Natural Resources Article, § 8-1806, Annotated
Code of Maryland, regulations adopted under that authority, or a local
program; or
(b)
By the Secretary of Natural Resources.
(2)
Includes:
(a)
The buffer as described in COMAR 27.01.01.01B(8);
(b)
A nontidal wetland as defined in COMAR 26.24.01.02B;
(c)
A habitat of a threatened species as defined in COMAR 27.01.09.03A;
(d)
A habitat of an endangered species as defined in COMAR 27.01.09.03A;
(e)
A habitat of a species in need of conservation as defined in
COMAR 27.01.09.03A;
(f)
A plant habitat as defined in COMAR 27.01.09.04A;
(g)
A wildlife habitat as defined in COMAR 27.01.09.04A; and
(h)
Anadromous fish propagation waters as defined in COMAR 27.01.09.05A.
HIGHLY ERODIBLE SOILS
Those soils with a slope greater than 15%; or those soils
with a K factor greater than 0.35 and with slopes greater than 5%.
HISTORIC WATERFOWL STAGING AND CONCENTRATION AREA
An 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 SOILS
Soils 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 VEGETATION
Those 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 wet habitats).
IMPERVIOUS SURFACE
An area covered with solid material or that is compacted
to the point where water cannot infiltrate underlying soils (e.g.,
parking lots, roads, houses, patios, swimming pools, tennis courts,
etc.). Stormwater runoff velocity and volume can increase in areas
covered by impervious surfaces.
IN-KIND REPLACEMENT
The removal of a structure and the construction of another
structure that is smaller than or identical to the original structure
in use, footprint area, width, and length.
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. These areas include an area with a housing
density of at least four dwelling units per acre and/or an area with
public water and sewer systems with a housing density of more than
three dwelling units per acre.
INVASIVE SPECIES
A type of plant that is non-native to the ecosystem under
consideration and whose introduction causes, or is likely to cause,
economic or environmental harm or harm to human health.
K FACTOR
The soil erodibility factor in the universal soil loss equation.
LANDWARD EDGE
The limit of a site feature that is farthest away from a
tidal water, tidal wetland, or tributary stream.
LIMITED DEVELOPMENT AREA (LDA)
Areas which are currently developed in low or moderate intensity
uses. They also contain areas of natural plant and animal habitats,
and the quality of runoff from these areas has not been substantially
altered or impaired. These areas shall have at least one of the following
features:
(1)
Housing density ranging from one dwelling unit per five acres
up to four dwelling units per acre;
(2)
Areas not dominated by agriculture, wetland, forest, barren
land, surface water, or open space;
(3)
Areas meeting the conditions of COMAR 27.01.02.03A, but not
.03B;
(4)
Areas having public sewer or public water, or both.
LOCALLY SIGNIFICANT HABITAT
A plant or wildlife habitat that may not be of statewide
significance but, in a local jurisdiction's Critical Area program,
is considered to be significant in a local or regional context because
the habitat contains a species:
(1)
Uncommonly found or of limited occurrence in that area; or
(2)
With an unusually high concentration in that area.
LOT COVERAGE
The percentage of a total lot or parcel that is: occupied
by a structure, accessory structure, parking area, driveway, walkway,
or roadway; or covered with a paver, walkway gravel, stone, shell,
impermeable decking, a paver, permeable pavement, or any other 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.
MARINA
Any facility for the mooring, berthing, storing, or securing
of watercraft, but not including community piers and other noncommercial
boat docking and storage facilities.
MITIGATION
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.
MODIFIED BUFFER AREA (MBA)
An area officially mapped by the City and approved by the
Critical Area Commission as MBA, where it has been sufficiently demonstrated
that the existing pattern of residential, industrial, commercial,
institutional, or recreational development prevents the buffer from
fulfilling its water quality and habitat functions, and where development
in accordance with specific MBA provisions can be permitted in the
buffer without a variance.
NATIVE
A species that is indigenous to the physiographic area in
Maryland where the planting is proposed.
NATURAL HERITAGE AREA
Any 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.
NATURAL REGENERATION
The natural establishment of trees and other vegetation with
at least 400 free-to-grow seedlings per acre, which are capable of
reaching a height of at least 20 feet at maturity.
NATURAL VEGETATION
Those plant communities that develop in the absence of human
activities.
NEW DEVELOPMENT
For purposes of implementing specific provisions of this
chapter, new developments (as opposed to redevelopment) means a development
activity that takes place on a property with predevelopment imperviousness
(in IDA) or lot coverage (LDA and RCA) of less than 15% as of December
1, 1985.
NONPOINT SOURCE POLLUTION
Pollution 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 WETLAND
Those areas regulated under Subtitle 26 of the Environment
Article that are inundated or saturated by surface water or groundwater
at a frequency and duration sufficient to support, and that under
normal circumstances does support, a prevalence of vegetation typically
adapted for life in saturated soil conditions, commonly known as hydrophytic
vegetation. The determination of whether an area is a nontidal wetland
shall be made in accordance with the publication known as the "Federal
Manual for Identifying and Delineating Jurisdictional Wetlands," published
in 1989, and as may be amended. Nontidal wetlands do not include tidal
wetlands regulated under Title 16 of the Environment Article of the
Annotated Code of Maryland.
OPEN SPACE
Land and water areas retained in an essentially undeveloped
state.
PHYSIOGRAPHIC FEATURES
The soils, topography, land slope and aspect, and local climate
that influence the form and species composition of plant communities.
PIER
Any pier, wharf, dock, walkway, bulkhead, breakwater, piles
or other similar structure. Pier does not include any structure on
pilings or stilts that was originally constructed beyond the landward
boundaries of state or private wetlands.
PLANT HABITAT
A community of plants commonly identifiable by the composition
of its vegetation and its physiographic characteristics.
PORT
A facility or area established or designated by the state
or local jurisdictions for purposes of waterborne commerce.
PROJECT APPROVALS
(1)
The approval of development, other than development by a state
or local government agency, in the Critical Area by the appropriate
local approval authority;
(2)
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; and
(3)
Does not include building permits.
RECONFIGURATION
A change of the configuration of an existing lot or parcel
line of any legal parcel of land or recorded legally buildable lot.
An application for reconfiguration may include a subdivision, a lot
line adjustment, a boundary line adjustment, a replatting request,
or a revision of acreage to increase density.
REDEVELOPMENT
The process of developing land which is or has been developed.
For purposes of implementing specific provisions of this chapter,
redevelopment (as opposed to new development) means a development
activity that takes place on property with predevelopment imperviousness
(in IDA) or lot coverage (in LDA and RCA) of 15% or greater.
REFORESTATION
The act of returning a site or area to an original state
or any action that reestablishes all or a portion of the ecological
structure and functions of a site or area.
RESOURCE CONSERVATION AREA (RCA)
An area that is characterized by nature-dominated environments,
such as wetlands, surface water, forests, and open space; and resource-based
activities, such as agriculture, forestry, fisheries, or aquaculture.
Resource Conservation Areas include areas with a housing density of
less than one dwelling per five acres.
RIPARIAN HABITAT
A habitat that is strongly influenced by water and which
occurs adjacent to streams, shorelines, and wetlands.
ROAD
(1)
A public thoroughfare under the jurisdiction of the state, a
county, a municipal corporation, or any other public body.
(2)
Does not include a drive aisle or driveway.
SPECIES IN NEED OF CONSERVATION
Those 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 Department 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.
STRUCTURE
Building or construction materials, or a combination of those
materials that are purposely assembled or joined together on or over
land or water. Structure includes a temporary or permanent fixed or
floating pier, piling, deck, walkway, dwelling, building, boathouse,
platform, gazebo, or shelter for the purpose of marine access, navigation,
working, eating, sleeping, or recreating.
SUBSTANTIAL ALTERATION
A repair, reconstruction, replacement, or improvement of
a principal structure, with a proposed total footprint that is at
least 50% greater than that of the structure that is the subject of
the application.
THREATENED SPECIES
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:
(1)
The federal Endangered Species Act of 1973, 16 U.S.C. §§ 1531-1544;
(2)
Natural Resources Article, Title 4, Subtitle 2A or Title 10,
Subtitle 2A, Annotated Code of Maryland; or
TOPOGRAPHY
The existing configuration of the earth's surface, including
the relative relief, elevation, and position of land features.
TRANSPORTATION FACILITIES
Anything that is built, installed, or established to provide
a means of transport from one place to another.
TREE
Has the meaning stated in Natural Resources Article, § 5-1601,
Annotated Code of Maryland.
TRIBUTARY STREAMS
A perennial stream or intermittent stream within the Critical
Area that has been identified by site inspection or in accordance
with local chapter procedures approved by the Critical Area Commission.
UNDERSTORY TREE
A tree that, when mature, reaches a height of 12 feet to
35 feet.
UNWARRANTED HARDSHIP
Without a variance, an applicant would be denied reasonable
and significant use of the entire parcel or lot for which the variance
is requested.
UPLAND BOUNDARY
The landward edge of a tidal wetland or a nontidal wetland.
URBAN BEST MANAGEMENT PRACTICES FOR STORMWATER
Those structural or nonstructural devices designed to temporarily
store or treat stormwater runoff in order to mitigate flooding, reduce
pollution, and provide other amenities. These devices include, but
are not limited to, stormwater ponds, stormwater wetlands, stormwater
infiltration practices, stormwater filtering systems, and open channel
systems.
UTILITY TRANSMISSION FACILITIES
Fixed structures that convey or distribute resources, wastes,
or both, including but not limited to electrical lines, water conduits
and sewer lines.
WATER-DEPENDENT FACILITIES
Those structures or works associated with industrial, maritime,
recreational, educational, or fisheries activities that require location
at or near the shoreline within the buffer. An activity is water-dependent
if it cannot exist outside the buffer and is dependent on the water
by reason of the intrinsic nature of its operation. Such activities
include, but are not limited to, ports, the intake and outfall structures
of power plants, water-use industries, marinas and other boat docking
structures, public beaches and other public water-oriented recreation
areas, and fisheries activities.
WATER-USE INDUSTRY
An industry that requires location near the shoreline because
it utilizes surface waters for cooling or other internal purposes.
WATERFOWL
Birds 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 CORRIDOR
A strip of land having vegetation that provides habitat and
safe passage for wildlife.
WILDLIFE HABITAT
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.