The following words have the following meanings for the purposes of implementing the Critical Area Ordinance and the Crisfield Zoning Ordinance, and the singular always includes the plural, and vice versa, except where such construction would be unreasonable:
ABATEMENT
Means 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 STRUCTURE
Means a structure that is detached from the 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
Means newly constructed area that increases the size of a structure.
AFFORESTATION
Means 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
Means a non-possessory interest in land which restricts the conversion of use of the land, preventing non-agricultural uses.
AGRICULTURE
Means 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 of animals such as cattle, dairy cows, sheep, goats, hogs, horses, and poultry and handling their by-products.
ANADROMOUS FISH
Means fish that travel upstream (from their primary habitat in the ocean) to fresh water to spawn.
ANADROMOUS FISH PROPAGATION WATERS
Means 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 Department of Natural Resources has or will identify the streams.
AQUACULTURE
Means: (a) 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; (b) 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 (c) 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 PRACTICES (BMPs)
Means 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
Means 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, non-tidal wetland, or a Nontidal Wetland of Special state Concern as defined in the COMAR 26.23.01.01.
BUFFER MANAGEMENT PLAN
A. 
BUFFER MANAGEMENT PLANMeans a narrative, graphic description, or plan of the Buffer that is necessary when an applicant proposes a development activity that will:
(1) 
Affect a portion of the Buffer;
(2) 
Alter Buffer vegetation; or
(3) 
Require the establishment of a portion of the Buffer in vegetation.
B. 
BUFFER MANAGEMENT PLANIncludes a major Buffer Management Plan, a minor Buffer Management Plan, or a Simplified Buffer Management Plan as described in this chapter.
CANOPY TREE
Means a tree that when mature commonly reaches a height of at least 35 feet.
CLIMATE RESILIENCY
Means the capacity of a natural system to maintain function in the face of stresses imposed by climate change. Climate resiliency includes adapting a natural system to be better prepared for future climate impacts, including sea level rise, saltwater intrusion, wetland migration, storm surge, precipitation-induced flooding, and other extreme weather events.
CLUSTER DEVELOPMENT
Means a residential development in which dwelling units are concentrated in a selected area or selected areas of the development tract to provide natural habitat or other open space uses on the remainder.
COLONIAL NESTING WATER BIRDS
Means herons, egrets, terns, and glossy ibis. For the purposes of nesting, these birds congregate (that is "colonize") in few areas, at which time, the regional populations of these species are highly susceptible to local disturbances.
COMAR
Means the Code of Maryland Regulations, as from time to time amended, including any successor provisions.
COMMERCIAL HARVESTING
Means 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.
COMMISSION
Means the Critical Area Commission for the Chesapeake and Atlantic Coastal Bays.
COMMUNITY PIERS
Means 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
Means 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.
CONFORMING
A. 
CONFORMINGMeans a parcel or lot that meets all Critical Area requirements.
B. 
CONFORMINGDoes not include a parcel or lot:
(1) 
For which a Critical Area variance is sought or has been issued; or
(2) 
That is in the Resource Conservation Area and is less than 20 acres.
CONSERVATION EASEMENT
Means a non-possessory interest in land which restricts the way the land may be developed to reserve natural resources for future use.
CONSISTENT WITH
Means that a standard or factor will further, and not be contrary to, the following items in the comprehensive plan:
A. 
Policies;
B. 
Timing of the implementation of the plan, of development, and of rezoning;
C. 
Development patterns;
D. 
Land uses; and
E. 
Densities or intensities.
CONSOLIDATION
Means 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, re-platting request, or lot line adjustment.
CRITICAL AREA
Means all lands and waters defined in § 8-1807 of the Natural Resources Article of the Annotated Code of Maryland. They include:
A. 
All waters of and lands under the Chesapeake Bay and Atlantic Coastal Bays and their tributaries to the head of tide as indicated on state wetland maps;
B. 
All state and private wetlands designated under Title 16 of the Environment Article of the Annotated Code of Maryland;
C. 
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; and
D. 
Modification to these areas through inclusions or exclusions proposed by local jurisdictions and approved by the Commission as specified in § 8-1807 of the Natural Resources Article of the Annotated Code of Maryland.
DEDUCTION
Means the total number of growth allocation acres that are necessary for approval of a growth allocation project and, after approval by the Commission, are subtracted from the growth allocation reserves of the local jurisdiction in which the project is located.
DENSITY
Means the number of dwelling units per acre within a defined and measurable area.
DEVELOPED WOODLANDS
Means an area of trees or of trees and natural vegetation that is interspersed with residential, commercial, industrial or recreational development
DEVELOPER
Means a person who undertakes development activity as defined in this chapter; or a person who undertakes development activity as defined in the criteria of the Commission.
DEVELOPMENT
Means any activity that materially affects the condition or use of dry land, land under water, or any structure. "Development" includes redevelopment.
DEVELOPMENT ACTIVITIES
Means the construction or substantial alteration of residential, commercial, industrial, institutional or transportation facilities or structures.
DISTURBANCE
Means 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.
DOCUMENTED BREEDING BIRD AREAS
Means forested areas where the occurrence of interior dwelling birds, during the breeding season, has been demonstrated because of on-site surveys using standard biological survey techniques.
DWELLING UNIT
Means a single unit providing complete, independent living facilities for at least one person, including 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 a caretaker residence.
ECOSYSTEM
Means a self-contained biological community together with the physical environment in which the community's organisms occur.
ENDANGERED SPECIES
Means any species of fish, wildlife, or plants that have been designated as endangered by regulation by the Department of Natural Resources. Designation occurs when the continued existence of these species as viable components of the state's resources are determined to be in jeopardy. This includes any species determined to be an "endangered" species pursuant to the Federal Endangered Species Act, 16 U.S.C. § 1531 et seq., as amended.
ESTABLISHMENT
Means the planting or regeneration of native vegetation throughout the Buffer.
EXCESS STORMWATER RUN-OFF
Means all increases in stormwater resulting from:
A. 
An increase in the imperviousness or lot coverage of the site, including all additions to buildings, roads, and parking lots;
B. 
Changes in permeability caused by compaction during construction or modifications in contours, including the filling or drainage of small depression areas;
C. 
Alteration of drainageways, or regrading of slopes;
D. 
Destruction of forest; or
E. 
Installation of collection systems to intercept street flows or to replace swales or other drainageways.
FINANCIAL ASSURANCE
Means a performance bond, letter of credit, cash deposit, insurance policy, or other instrument of security acceptable to the City of Crisfield.
FISHERIES ACTIVITIES
Means commercial water-dependent fisheries facilities, including structures for the parking, 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 aquacultural operations.
FOREST
Means 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
Means species of birds which require large, forested tracts to breed successfully (for example, various species of flycatchers, warblers, vireos, and woodpeckers).
FOREST MANAGEMENT
Means the protection, manipulation, and utilization of the forest to provide multiple benefits, such as timber harvesting, water transpiration, wildlife habitat, etc.
FOREST PRACTICE
Means the alteration of the forest either through tree removal or replacement to improve the timber, wildlife, recreational, or water quality values.
FULLY ESTABLISHED
Means 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 or GRANDFATHERED LOT
Means a parcel of land that was created or a lot created through the subdivision process and recorded as a legally buildable lot prior to December 1, 1985.
GROWTH ALLOCATION
Means the number of acres of land in the Critical Area that the City of Crisfield may use, or the county may allocate to use, to create new Intensely Developed Areas and new Limited Development Areas. Growth allocation is 5% of the total Resource Conservation Area acreage in Crisfield at the time the Critical Area Commission approved Crisfield's original Critical Area Program, not including tidal wetlands or land owned by the federal government, plus additional acres that may be subtracted from the county's calculated amount [5%] of County Resource Conservation Area that existed when the Critical Area Commission approved Somerset County's original Critical Area Program [that the City may request and the County may allocate].
GROWTH ALLOCATION ENVELOPE
Means all of the proposed components of a growth allocation that are necessary to serve the proposed development, including an individually owned lot, lot coverage, a road, a utility, a stormwater management measure, an on-site sewage disposal measure, an active recreation area, and additional acreage needed to meet the development requirements of the Critical Area criteria.
HABITAT PROTECTION AREA
A. 
HABITAT PROTECTION AREAMeans an area that is designated for protection:
(1) 
Under Natural Resources Article § 8-1806 of the Annotated Code of Maryland, regulations adopted under that authority, or a local program; or
(2) 
By the Secretary of Natural Resources.
B. 
(1) 
The Buffer as described in COMAR 27.01.01.01B(8).
(2) 
A nontidal wetland as defined in COMAR 26.24.01.02B.
(3) 
A habitat of a threatened species as defined in COMAR 27.01.09.03A.
(4) 
The habitat of an endangered species as defined in COMAR 27.01.09.03A.
(5) 
A habitat of a species in need of conservation as defined in COMAR 27.01.09.03A.
(6) 
A plant habitat as defined in COMAR 27.01.09.04A.
(7) 
A wildlife habitat as defined in COMAR 27.01.09.04A.
(8) 
Anadromous fish propagation waters as defined in COMAR 27.01.09.05A.
HAZARDOUS TREE
A. 
(1) 
A tree with a structural defect, such as a crack, canker, weak branch union, decay, dead wood, root damage, or root disease, that decreases the structural integrity of the tree and which, because of its location, is likely to fall and cause personal injury or property damage, including acceleration of soil erosion; or
(2) 
Based on its location in the landscape, a healthy tree that, with continued normal growth, will damage an existing permanent structure or significantly increase the likelihood of soil erosion.
B. 
HAZARDOUS TREEDoes not include a tree for which the likelihood of personal injury, property damage, or soil erosion can be eliminated or significantly diminished:
(1) 
With routine and proper arboricultural practices, such as regular watering, application of fertilizer or mulch, and pruning; or
(2) 
By relocation of property that is likely to be damaged.
HIGHLY ERODIBLE SOILS
Means those soils with a slope greater than 15%; or those soils with a K value greater than 0.35 and with slopes greater than 5%.
HISTORIC WATERFOWL STAGING AND CONCENTRATION AREA
Means 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
Means soils that are wet frequently enough to periodically produce anaerobic conditions, thereby influencing the species composition of growth, or both, of plants on those soils.
HYDROPHYTIC VEGETATION
Means 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 water habitats).
IMMEDIATE FAMILY
Means a father, mother, son, daughter, grandfather, grandmother, grandson, or granddaughter.
IN-KIND REPLACEMENT
Means the replacement of a structure with another structure that is smaller than or identical to the original structure in footprint area, width, length, use, and location, except that a structure may be moved to reduce or eliminate a nonconformity provided it does not result in additional impacts to forest, developed woodlands, or an HPA.
INTENSELY DEVELOPED AREA
Means 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 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
Means a species that is non-native or alien to the ecosystem under consideration whose introduction causes or is likely to cause economic or environmental harm or harm to human health.
K VALUE
Means the soil erodibility factor in the Universal Soil Loss Equation. It is a quantitative value, which is experimentally determined.
LAND-BASED AQUACULTURE
Means the raising of fish or shellfish in any natural or man-made, enclosed or impounded, water body.
LANDWARD EDGE
Means the limit of a site feature that is farthest away from a tidal water, tidal wetland, or tributary stream.
LARGE SHRUB
Means a shrub that, when mature, reaches a height of at least six feet.
LEGALLY DEVELOPED
Means all physical improvements to a property that existed before Critical Area Commission approval of a local ordinance or were properly permitted in accordance with the provisions of the local ordinance in effect at the time of construction.
LIMITED DEVELOPMENT AREA
Means an area: with a housing density ranging from one dwelling unit 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 under the definition in this chapter.
LIVING SHORELINE
Means a suite of stabilization and erosion control measures that preserve the natural shoreline and are designed to minimize shoreline erosion, maintain coastal process, and provide aquatic habitat. Measures must include marsh plantings and may include the use of sills, sand containment structures, breakwaters, or other natural components.
LOCAL SIGNIFICANCE
Means development of a minor scale, which causes environmental or economic consequences that are largely confined to the immediate area of the parcel of land on which it is located; does not substantially affect the Critical Area Ordinance of the City of Crisfield; and is not considered to be major development as defined in this chapter.
LOCALLY SIGNIFICANT HABITAT
Means a plant or wildlife habitat that may not be of statewide significance but, in a local jurisdiction's Critical Area program, is significant in a local or regional context because the habitat contains a species:
A. 
Uncommonly found or of limited occurrence in that area; or
B. 
With an unusually high concentration in that area.
LOT COVERAGE
Means 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, permeable decking, a paver, permeable pavement, or other 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 permeable deck.
MAJOR BUFFER MANAGEMENT PLAN
Means a type of Buffer Management Plan and all supporting documentation required under this chapter.
MAJOR DEVELOPMENT
Means development of a scale that may cause state-wide, regional, or inter-jurisdictional, environmental or economic effects in the Critical Area, or which may cause substantial impacts to the Critical Area of a local jurisdiction. This development includes, but is not limited to, airports, power plants, wastewater treatment plants, highways, regional utility transmission facilities, prisons, hospitals, public housing projects, public beaches, and intensely developed park and recreation facilities.
MARINA
Means any facility for the mooring, berthing, storing, or securing of watercraft, but not including community piers and other non-commercial boat docking and storage facilities.
MEAN HIGH WATER LINE (MHWL)
Means the average level of high tides at a given location, as determined by field delineation according to the standards listed in COMAR 26.24.02.02E.
MINOR BUFFER MANAGEMENT PLAN
Means a type of Buffer Management Plan and all supporting documentation required under this chapter
MITIGATION
Means an action taken to compensate for adverse impacts to the environment resulting from development, development activity, or a change in land use or intensity.
MODIFIED BUFFER AREA
A. 
MODIFIED BUFFER AREAMeans an area of land:
(1) 
Where a pattern of residential, industrial, commercial, or recreational development existed in the 100-foot Buffer on December 1, 1985, in the Chesapeake Bay Critical Area or on June 1, 2002, in the Atlantic Coastal Bays Critical Area; and
(2) 
That, as part of a local program approved by the Commission, is shown on a map maintained on file by the local jurisdiction and is subject to modified development provisions.
B. 
MODIFIED BUFFER AREAIncludes an area referred to by a local jurisdiction as a buffer exemption area, buffer exempted area, buffer modification area, buffer management area, buffer management overlay, buffer modified area, special buffer management area, special buffer area, or any other similar term that has the same substantive meaning as modified buffer area.
MODIFIED BUFFER AREA (MBA)
Means an area officially mapped by the City of Crisfield and approved by the Critical Area Commission as an 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 PLANT
Means a species that is indigenous to the physiographic area in Maryland where the planting is proposed.
NATURAL FEATURES
Means components 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 AREA
Means any community of plants or animals which are among the best state-wide examples of their kind and are designated by regulation by the Department of Natural Resources.
NATURAL REGENERATION
Means the natural establishment of trees and other vegetation with at least 400 free-to-grow seedlings per acre, which can reach a height of at least 20 feet at maturity.
NATURAL VEGETATION
Means those plant communities that develop in the absence of human activity.
NATURE-DOMINATED
Means a condition where landforms or biological communities, or both, have developed by natural processes in the absence of human activities.
NEW DEVELOPMENT
Means that 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 pre-development imperviousness (in IDA) or lot coverage (LDA and RCA) of less than 15% as of December 1, 1985.
NON-POINT SOURCE POLLUTION
Means 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. Non-point source pollution is not corrected by "end-of-pipe" treatment, but rather by changes in land management practices.
NON-TIDAL WETLANDS
Means those areas regulated under Subtitle 9 of the Environment Article of the Annotated Code of Maryland 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 non-tidal 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. Non-tidal wetlands do not include tidal wetlands regulated under Title 16 of the Environment Article of the Annotated Code of Maryland.
NON-WATER-DEPENDENT PROJECT
A. 
NON-WATER-DEPENDENT PROJECTMeans a temporary or permanent structure that, by reason of its intrinsic nature, use, or operation, does not require location in, on, or over state or private wetlands.
B. 
(1) 
A dwelling unit on a pier;
(2) 
A restaurant, a shop, an office, or any other commercial building or use on a pier;
(3) 
A temporary or permanent roof or covering on a pier;
(4) 
A pier used to support a non-water-dependent use; and
(5) 
A small-scale renewable energy system on a pier, including:
(a) 
A solar energy system and its photovoltaic cells, solar panels, and other necessary equipment;
(b) 
A geothermal energy system and its geothermal heat exchanger or other necessary equipment; and
(c) 
A wind energy system and its wind turbine, tower, base, or other necessary equipment.
C. 
(1) 
A fuel pump or other fuel-dispensing equipment on a pier;
(2) 
A sanitary sewage pump or other wastewater removal equipment on a pier; or
(3) 
An office on a pier for managing marina operations, including monitoring vessel traffic, registering vessels, providing docking services, and housing electrical or emergency equipment related to marina operations.
OFFSETS
Means structures or actions that compensate for impacts from permanent disturbance.
OPEN SPACE
Means land and water areas retained in an undeveloped state.
OVERBURDENED COMMUNITY
Has the meaning stated in § 1-701 of the Environment Article of the Annotated Code of Maryland.
PERMANENT DISTURBANCE
A. 
PERMANENT DISTURBANCEMeans a material, enduring change in the topography, landscape, or structure that occurs as part of a development or redevelopment activity.
B. 
(1) 
Construction or installation of any material that will result in lot coverage;
(2) 
Construction of a deck;
(a) 
Except under the definition of "temporary disturbance,", grading;
(b) 
Except under the definition of "temporary disturbance," clearing of a tree, forest, or developed woodland; and
(3) 
A septic system in a forest or developed woodland on a lot created before local program approval, if clearing is required.
C. 
PERMANENT DISTURBANCEDoes not include a septic system on a lot created before local program approval if the septic system is in existing grass or clearing is not required.
PERSON
Means an individual, partnership, corporation, contractor, property owner, or any other person or entity.
PHYSIOGRAPHIC FEATURES
Means the soils, topography, land slope and aspect, and local climate that influence the form and species composition of plant communities.
PIER
Means 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
Means a community of plants commonly identifiable by the composition of its vegetation and its physiographic characteristics.
PORT
Means a facility or area established or designated by the state or local jurisdictions for purposes of waterborne commerce.
PRINCIPAL STRUCTURE
Means the primary or predominant structure on any lot or parcel. For residential parcels or lots, the principal structure is the primary dwelling.
PRIVATE HARVESTING
Means the cutting and removal of trees for personal use.
PROGRAM AMENDMENT
Means any change or proposed change to an adopted ordinance that is not determined by the Chairman of the Critical Area Commission to be an ordinance refinement.
PROGRAM REFINEMENT
Means any change or proposed change to an adopted ordinance 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 ordinance, or that will not significantly affect the use of land or water in the Critical Area. Ordinance refinement may include:
A. 
A change to an adopted ordinance that results from state law;
B. 
A change to an adopted ordinance that affects local processes and procedures;
C. 
A change to a local ordinance or code that clarifies an existing provision; and
D. 
A minor change to an element of an adopted ordinance that is clearly consistent with the provisions of state Critical Area law and all the criteria of the Commission.
PROJECT APPROVALS
Means the approval of development, other than development by the state or local government, in the Critical Area by the appropriate local approval authority. The term includes approval of preliminary and final 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 OWNER
Means a person holding title to a property or two or more persons holding title to a property under any form of joint ownership.
PUBLIC WATER-ORIENTED RECREATION
Means shore-dependent recreation facilities or activities provided by public agencies that are available to the public.
RECLAMATION
Means the reasonable rehabilitation of disturbed land for useful purposes, and the protection of the natural resources of adjacent areas, including water bodies.
RECONFIGURATION
Means 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 re-platting request, or a revision of acreage to increase density.
REDEVELOPMENT
Means 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 pre-development imperviousness (in IDA) or lot coverage (in LDA and RCA) of 15% or more.
REFORESTATION
Means the establishment of a forest through artificial reproduction or natural regeneration.
RESOURCE CONSERVATION AREA
Means 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.
RESOURCE UTILIZATION ACTIVITIES
Means all activities associated with the utilization of natural resources such as agriculture, forestry, surface mining, aquaculture, and fisheries activities.
RESTORATION
Means 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.
RIPARIAN HABITAT
Means a habitat that is strongly influenced by water and which occurs adjacent to streams, shorelines, and wetlands.
ROAD
A. 
ROADMeans a public thoroughfare under the jurisdiction of the state, a county, a municipal corporation, or any other public body.
B. 
ROADDoes not include a drive aisle or driveway.
SEASONALLY FLOODED WATER REGIME
Means a 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.
SELECTION
Means the removal of single, scattered, mature trees or other trees from uneven-aged stands by frequent and periodic cutting operations.
SHORE EROSION PROTECTION WORKS
Means those structures or measures constructed or installed to prevent or minimize erosion of the shoreline in the Critical Area.
SIGNIFICANTLY ERODING AREAS
Means areas that erode two feet or more per year
SMALL SHRUB
Means a shrub that, when mature, reaches a height no greater than six feet.
SOIL CONSERVATION AND WATER QUALITY PLAN
Means an agricultural plan approved by a local soil conservation district to minimize soil erosion and the movement of sediment, animal waste, nutrients, or agricultural chemicals into waters of the state.
SPECIES IN NEED OF CONSERVATION
Means 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 of the Annotated Code of Maryland.
STEEP SLOPES
Means slopes of 15% or greater incline.
STRUCTURE
Means building or construction materials, or a combination of those materials, which 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
Means any repair, reconstruction, or improvement of a principal structure, where the proposed footprint equals or exceeds 50% of the existing principal structure.
SUPPLEMENTAL PLANTING PLAN
Means a description and landscape schedule that shows the proposed species type, quantity, and size of plants to be located within a buffer if natural regeneration does not meet the required stem density.
TEMPORARY DISTURBANCE
A. 
TEMPORARY DISTURBANCEMeans a short-term change in the landscape that occurs as part of a development or redevelopment activity.
B. 
(1) 
Storage of materials that are necessary for the completion of the development or redevelopment activity;
(2) 
Construction of a road or other pathway that is necessary for access to the site of the development or redevelopment activity, if the road or pathway is removed immediately after completion of the development or redevelopment activity and the area is restored to its previous vegetative condition;
(3) 
Grading of a development site, if the area is restored to its previous vegetative condition immediately after completion of the development or redevelopment activity; and
(4) 
Locating a septic system on a lot created before local program approval if the septic system is in existing grass or clearing is not required.
C. 
TEMPORARY DISTURBANCEDoes not include:
(1) 
A septic system in a forest or developed woodland on a lot created before local program approval, if clearing is required; and
(2) 
A violation.
THINNING
Means a forest practice used to accelerate tree growth of quality trees in the shortest interval of time.
THREATENED SPECIES
Means any species of fish, wildlife, or plants designated as such by regulation by the Department of Natural Resources that appear likely, within the foreseeable future, to become endangered, including any species of wildlife or plant determined to be a "threatened" species pursuant to the federal Endangered Species Act, 16 U.S.C. § 1431 et seq., as amended.
TOPOGRAPHY
Means the existing configuration of the earth's surface, including the relative relief, elevation, and position of land features.
TRANSITIONAL HABITAT
Means a 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 FACILITIES
Means anything that is built, installed, or established to provide a means of transport from one place to another.
TREE
Means a large, woody plant having one or several self-supporting stems or trunks and numerous branches that reach a height of at least 20 feet at maturity.
TRIBUTARY STREAM
Means a perennial stream or intermittent stream within the Critical Area that has been identified by site inspection or in accordance with local ordinance procedures approved by the Critical Area Commission.
UNDERSERVED COMMUNITY
A. 
Has the meaning stated in § 1-701 of the Environment Article of the Annotated Code of Maryland.
B. 
UNDERSERVED COMMUNITYMeans any census tract in which, according to the most recent U.S. Census Bureau Survey:
A.
At least 25% of the residents qualify as low income;
B.
At least 50% of the residents identify as nonwhite; or
C.
At least 15% of the residents have limited English proficiency.
UNDERSTORY
Means the layer of forest vegetation typically located underneath the forest canopy.
UNDERSTORY TREE
Means a tree that, when mature, reaches a height between 12 and 35 feet.
UNWARRANTED HARDSHIP
Means that 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
Means the landward edge of a tidal wetland or non-tidal wetland.
UTILITY TRANSMISSION FACILITIES
Means fixed structures that convey or distribute resources, wastes, or both, including but not limited to electrical lines, water conduits and sewer lines.
VESSEL
Means every description of watercraft, including an ice boat but not including a seaplane, that is used or capable of being used as a means of transportation on water or ice. Vessel includes the motor, spars, sails, and accessories of a vessel.
WATER-BASED AQUACULTURE
Means the raising of fish and shellfish in any natural, open, free-flowing water body.
WATER-DEPENDENT FACILITIES
Means 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
Means an industry that requires location near the shoreline because it utilizes surface waters for cooling or other internal purposes.
WATERFOWL
Means birds that 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.
WATERFOWL STAGING AND CONCENTRATION AREA
Means an area of open water and adjacent marshes where, as documented by the Department of Natural Resources, waterfowl gather during migration and throughout the winter season.
WILDLIFE CORRIDOR
Means a strip of land having vegetation that provides habitat and safe passage for wildlife.
WILDLIFE HABITAT
Means those plant communities and physiographic features that provide food, water, cover, and nesting areas, as well as foraging and feeding conditions necessary to maintain populations of animals in the Critical Area.