Md. Code Regs. 15.01.05.02

Current through Register Vol. 52, No. 1, January 10, 2025

Section 15.01.05.02 - Definitions

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) "Best management practice" means a conservation or pollution control practice that manages soil loss due to farming practices or manages animal wastes or agricultural chemicals so as to minimize movement into the surface waters of the State.

(2) "County Soil Survey" means a report developed by the United States Department of Agriculture, Natural Resource Conservation Service, for each county which identifies soil types.

(3) "Critical condition" means a condition on land where there is or there may be a high potential for the movement of pollutants from nutrients, sediment, animal wastes, or agricultural chemicals into the waters of the State.

(4) "Department" means the State Department of Agriculture.

(5) "District" means a soil conservation district.

(6) "Eligible cost" means a capital expenditure for installing, purchasing, or constructing a best management practice or fixed natural filter practice, including, but not limited to, the cost of pollution control equipment, animal waste facilities, water control structures, diversion facilities, sediment basins or grade stabilization structures, establishing permanent vegetative cover, or a contour, strip-cropping, terrace, or conservation tillage system of farming. It does not include the cost of land or interests in land, or the costs of operating or maintaining best management practices.

(7) "Fixed natural filter practice" means one of the following practices:

(a) The planting of riparian forest buffers;

(b) The planting of riparian herbaceous cover;

(c) Tree plantings that are:

(i) On agricultural land; or

(ii) Outside a riparian buffer;

(d) Wetland restoration; or

(e) Pasture management, including rotational grazing systems such as livestock fencing and watering systems implemented as part of the conversion of cropland to pasture.

(8) "Geographic area" means a watershed or major portion of a watershed which contains or has a high potential for containing priority areas.

(9) "Improved conservation benefit" means an improvement in the condition of the soil, water, or other such natural resource of the State, and includes, among other beneficial effects, improved water quality, improved soil health, reduced soil loss, and restored wetlands.

(10) "Natural resource concern" means the expected degradation of the soil, water, or other resource base to the extent that the sustainability or intended use of the resource is impaired, and includes, among other concerns, soil erosion, soil quality degradation, water quality degradation, and excess water.

(11) "Nutrient management plan" means a plan prepared by a State-certified nutrient management consultant to manage the amount, placement, timing, and application of animal waste, fertilizer, biosolids, sewage sludge, or other plant nutrients in order to prevent pollution and to maintain the productivity of the soil. Requirements for plan content, recommendations, maintenance, updates, and record keeping are further defined under COMAR 15.20.08.

(12) "Person" means an individual, partnership, corporation, trust, or other business enterprise which as an owner, landlord, or tenant, participates in the operation of a farm.

(13) "Pooling agreement" means a written agreement between persons approved by the Secretary, to perform best management practices and which is intended to solve a mutual pollution problem on different farms.

(14) "Priority area" means an area where a critical condition exists.

(15) "Project" means a project to prevent or control agriculturally related nonpoint source water pollution by establishing best management practices on a farm.

(16) "Secretary" means the Secretary of Agriculture or his designee.

(17) "Waters of the State" means both surface and underground waters within the boundaries of the State subject to its jurisdiction, including that portion of the Atlantic Ocean within the boundaries of the State, the Chesapeake Bay and its tributaries, and all ponds, lakes, rivers, streams, public ditches, tax ditches, and public drainage systems within the State, other than those designed and used to collect, convey, or dispose of sanitary sewage.

Md. Code Regs. 15.01.05.02

Regulation .02B amended as an emergency provision effective November 1, 2000 (27:23 Md. R. 2145); amended permanently effective February 5, 2001 (28:2 Md. R. 100)
Regulation .02B amended effective December 24, 2012 (39:25 Md. R. 1615)
Regulations .02 and .03B, C amended as an emergency provision effective January 29, 1986 (13:4 Md. R. 393); emergency status expired May 15, 1986; adopted permanently effective July 13, 1986 (13:14 Md. R. 1635)
Regulation .02 amended as an emergency provision effective October 23, 1998 (25:24 Md. R. 1771); amended permanently effective February 8, 1999 (26:3 Md. R. 175); amended effective 48:10 Md. R. 401, eff. 5/17/2021