B. Terms
Defined.
(1) "Afforestation" means the:
(a) Establishment of a forest on an area on which
forest cover has been absent for a long period of time; or
(b) Planting of open areas which are not presently
in forest cover.
(2)
"Agricultural support building" means a building other than a human residence
necessary to sustain an agricultural activity.
(3) "Applicant" means a person who:
(a) Is applying for:
(i) Subdivision approval;
(ii) A grading or sediment control permit;
or
(iii) Project plan approval if the
applicant is a State or local agency; or
(b) Has received approval of a forest stand
delineation or forest conservation plan.
(4) "Approved forest management plan" means a
document:
(a) Approved by the Department's
forester assigned to the county in which the property is located; and
(b) Which operates as a protective agreement for
forest conservation as described in Natural Resources Article, §
5-1607(e)
and (f), Annotated Code of Maryland.
(5) "Approving authority" means:
(a) The Department of Natural Resources for
subdivision, project plans, grading, or sediment control activities proposed by a
local or State agency; or
(b) A unit of
government responsible for reviewing subdivision, project plans, grading, or
sediment control plans within the local jurisdiction.
(6) "Assistant Secretary" means the Assistant
Secretary of Resource Management Services in the Department of Natural
Resources.
(7) Repealed.
(8) "Champion tree" means the largest tree of its
species within the United States, the State, county, or municipality.
(9) Repealed.
(10) "Critical habitat area" means a critical
habitat for an endangered species and its surrounding protection area. A critical
habitat area:
(a) Is likely to contribute to the
long-term survival of the species;
(b)
Is likely to be occupied by the species for the foreseeable future; and
(c) Constitutes habitat of the species which is
considered critical under Natural Resources Article, § 4-2 A-06 or 10-2A-06,
Annotated Code of Maryland.
(11) "Critical habitat for endangered species"
means a habitat occupied by an endangered species as determined or listed under
Natural Resources Article, § 4-2 A-04 or 10-2A-04, Annotated Code of
Maryland.
(12) "Declaration of intent"
means a document required under Regulation .05 of this chapter which is a signed and
notarized statement by a landowner or the landowner's agent certifying that the
activity on the landowner's property:
(a) Is for
certain activities exempted under this subtitle or Natural Resources Article,
§§
5-103 and
5-1601 - 5-1612,
Annotated Code of Maryland;
(b) Does not
circumvent the requirements of this subtitle or Natural Resources Article,
§§
5-103 and
5-1601 - 5-1612,
Annotated Code of Maryland; and
(c) Does
not conflict with the purposes of any other declaration of intent.
(13) "Department" means the Department
of Natural Resources, except within the Model Ordinance under COMAR
08.19.03 when it
is defined as the department charged with implementing the local forest conservation
program.
(14) Development Project.
(a) "Development project" means the grading or
construction activities occurring on areas of 40,000 square feet or
greater.
(b) "Development project"
includes redevelopment.
(15)
"Development project completion" means, for the purposes of implementing
afforestation and reforestation requirements or completing payment into a fund:
(a) The release of the development bond, if
required;
(b) Acceptance of the
project's streets, utilities, and public services by the local authority;
or
(c) A designation by the State or
local authority that a:
(i) Development project
has been completed; or
(ii) Particular
stage of a staged development project, including a planned unit development, has
been completed.
(16) "Director" means the Director of the Forest
Service in the Department.
(17)
"Extenuating circumstances" means conditions requiring extension of a set time limit
to:
(a) Process an application;
(b) Render a decision; or
(c) Conduct a public hearing.
(18) "Forest conservancy district board" means the
forestry board created for each State forest conservancy district under Natural
Resources Article, §§
5-601 -5-610, Annotated
Code of Maryland.
(19) "Forest
Conservation and Management Agreement" means an agreement as stated in Tax-Property
Article, §8-211, Annotated Code of Maryland.
(20) Repealed.
(21) "Forest management plan" means a plan
establishing best conservation and management practices for a landowner in
assessment of the resource values of forested property.
(21-1) "Forest mitigation bank" means an area of land which has
been intentionally afforested or reforested for the express purpose of providing
credits for afforestation and reforestation requirements.
(21-2) "Forest mitigation bank agreement" means an agreement
entered into by an individual owning a forest mitigation bank and the Department, or
local government with an approved local program, which commits the banker to certain
procedures and requirements when creating and operating the forest bank.
(21-3) "Forest mitigation bank plan" means a plan for approval of
a forest mitigation bank submitted to the Department, or a local government having
an approved local program, by an individual proposing to establish a forest
mitigation bank.
(22) "Growing
season" means the period of consecutive frost-free days as stated in the current
soil survey for each county published by the National Cooperative Soil Survey
Program, 16 U.S.C. §
590(a) -(f).
(23) "Landscaping plan" means a plan:
(a) Drawn to scale, showing dimensions and details
for reforesting an area at least 35 feet wide and covering 2,500 square feet or
greater in size;
(b) Using native or
indigenous plants when appropriate; and
(c) Which is made part of an approved forest
conservation plan.
(24)
"Local agency" means each unit of local government in the executive, legislative, or
judicial branch of a county or municipal government, including an office or
department of public works.
(25) "Local
authority" means the unit of local government charged with adopting or implementing
the local program.
(26) "Local program"
means the forest conservation program adopted and administered by a unit of local
government having planning and zoning authority and approved by the
Department.
(27) "Lot" means 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 subtitle, without an approved forest stand delineation and
forest conservation plan.
(28)
"Maintenance agreement" means the short-term management agreement associated with
afforestation or reforestation plans required under Natural Resources Article,
§
5-1605(c)(9),
Annotated Code of Maryland.
(29) "Minor
development project" means a project which is:
(a)
On less than 5 acres of land containing not more than four lots per acre;
(b) A minor subdivision as defined in the approved
local forest conservation program; or
(c) Defined in the approved local forest
conservation program as substantively similar to §B(29)(a) of this
regulation.
(30)
"Municipality" means a municipal corporation.
(31) "Offsite" means outside the limits of the
area encompassed by a tract.
(32)
"Onsite" means within the limits of an area encompassed by a tract, including an
area classified as a 100-year floodplain.
(33) "Priority funding area" means an area
designated as a priority funding area under § 5-7 B-02 of the State Finance and
Procurement Article.
(34) "Project plan"
means a construction, grading, or sediment control activity on an area of 40,000
square feet or greater, conducted by a local or State agency.
(35) "Public utility" means any:
(a) Transmission line or electric generating
station; or
(b) Water, sewer, electric,
gas, telephone, or television cable service line.
(36) "Qualified professional" means a person who
meets the requirements of COMAR
08.19.06.01A.
(37) "Regulated activity" means any of
the following activities when that activity occurs on a unit of land which is 40,000
square feet or greater:
(a) Subdivision;
(b) Grading;
(c) An activity that requires a sediment control
permit; or
(d) Project plan of a State
or local agency.
(38)
"Secretary" means the Secretary of Natural Resources.
(39) "Sediment control permit" means the
authorization of an activity regulated under a sediment control plan as provided in
Environment Article, Title 4, Annotated Code of Maryland.
(40) "State agency" means a unit in the executive,
legislative, or judicial branch of the State government or a unit that is created by
public general law and operates in at least two counties.
(41) "State program" means the State forest
conservation program administered by the Department.
(42) "Stream restoration project" means an
activity that:
(a) Is designed to stabilize stream
banks or enhance stream function or habitat located within an existing stream
waterway, or floodplain;
(b) Avoids and
minimizes impacts to forests and provides for replanting on-site an equivalent
number of trees to the number removed by the project;
(c) May be performed under a municipal separate
storm sewer system permit, a watershed implementation plan growth offset, or another
plan administered by the local government to achieve or maintain water quality
standards; and
(d) Is not performed to
satisfy stormwater management, wetlands mitigation, or any other regulatory
requirement associated with proposed development activity.
(43) "Subdivision" means 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.
(44) Timber Harvesting.
(a) "Timber harvesting" means a tree-cutting
operation affecting 1 or more acres of forest or developed woodland within a 1-year
interval that disturbs 5,000 square feet or more of forest floor.
(b) "Timber harvesting" does not include grubbing
and clearing of root mass.
(45) "Tract" means 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 subtitle.
(46) "Tract for a planned unit development" means
the entire property subject to a planned unit development.
(47) Variance.
(a) "Variance" means relief from Natural Resources
Article, §§
5-1601 -5-1612,
Annotated Code of Maryland, or this subtitle.
(b) "Variance" does not mean a zoning
variance.
(48) "Watershed"
means 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.