Md. Code Regs. 27.03.01.01

Current through Register Vol. 51, No. 22, November 1, 2024

Section 27.03.01.01 - Definitions

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

B. Terms Defined.

(1) Application.

(a) "Application" means whatever initial forms, documents, plats or other materials, including buffer management plans, that are officially submitted to the local authority for the approval of subdivision plats, consolidations, reconfigurations, site plans, grading permits, rezoning (including the consideration of areas within floating zones), the issuance of zoning permits, special exceptions, or conditional use permits.

(b) "Application" includes substantial changes to the items in §B(1)(a), of this regulation.

(c) "Application" does not include those materials submitted for the approval of building permits.

(2) Buffer.

(a) "Buffer" means an area that:

(i) Based on conditions present at the time of development, is immediately landward from mean high water of tidal waters, the edge of each bank of a tributary stream, or the landward boundary of a tidal wetland; and

(ii) Exists or may be established in natural vegetation to protect a stream, tidal wetland, tidal waters, or terrestrial environment from human disturbance.

(b) "Buffer" includes an area of:

(i) At least 100 feet, even if that area was previously disturbed by human activity; and

(ii) Expansion for contiguous areas, including a steep slope, hydric soil, highly erodible soil, nontidal wetland, or a Nontidal Wetland of Special State Concern as defined in COMAR 26.23.01.01.

(3) "Business unit" means a nonresidential building used for office space, wholesale, or retail marketing.

(4) "Chairman" means the Chairman of the Critical Area Commission for the Chesapeake and Atlantic Coastal Bays.

(5) "Commission" means the Critical Area Commission for the Chesapeake and Atlantic Coastal Bays.

(6) Critical Area.

(a) "Critical Area" means the Chesapeake Bay Critical Area and the Atlantic Coastal Bays Critical Area except areas excluded under Natural Resources Article, § 8-1807(d), Annotated Code of Maryland.

(b) "Critical Area" includes:

(i) The initial planning area of the Chesapeake Bay Critical Area consisting of all waters of and lands under the Chesapeake Bay and its tributaries to the head of tide as indicated on the State wetlands maps, and all State and private wetlands designated under Environment Article, Title 16, Annotated Code of Maryland;

(ii) The initial planning area of the Atlantic Coastal Bays Critical Area consisting of all waters of and lands under the coastal bays and their tributaries to the head of tide as indicated on the State wetlands maps, and all State and private wetlands designated under Environment Article, Title 16, Annotated Code of Maryland;

(iii) Except in accordance with §B(6)(b)(iv) of this regulation, all water and land 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;

(iv) All water and land areas within 1,000 feet beyond the landward boundaries of State or private wetlands as shown on the Statewide Base Map in accordance with Ch. 119, Acts of 2008, where the process of transition from reliance on the State wetlands maps to the Statewide base maps has occurred and these maps were approved by the Commission; and

(v) Modification to these areas through inclusions or exclusions proposed by local jurisdictions and approved by the Commission as specified in Natural Resources Article, § 8-1807, Annotated Code of Maryland.

(7) "Development" means any construction, reconstruction, modification, extension, or expansion of buildings or structures, land excavation, land clearing for nonagricultural or nonforestry purposes, land improvements, or any combination of these. The activities shall materially affect the condition or use of dry land, land under water, or any structure.

(8) "Executive Director" means the Executive Director of the Critical Area Commission for the Chesapeake and Atlantic Coastal Bays.

(9) "IDA" means those properties that were designated by the local jurisdiction and approved by the Critical Area Commission as intensely developed areas.

(10) "LDA" means those properties that were designated by the local jurisdiction and approved by the Critical Area Commission as limited development areas.

(11) "RCA" means those properties that were designated by the local jurisdiction and approved by the Critical Area Commission as resource conservation areas.

(12) "Residential use" means the use of a structure by one or more persons for the purpose of maintaining a common household. The cooking or sanitary facilities of the structure are only for the use of the occupants of the structure.

(12-1) "Structure" has the meaning stated in COMAR 27.01.01.01.

(13) "Subdivision" means the division of a parcel of land into two or more lots for the purpose of transfer of ownership or for development. This includes subdivision pursuant to Natural Resources Article, § 8-1808.2, Annotated Code of Maryland, and the creation of a condominium regime pursuant to Real Property Article, § 11-101 et seq., Annotated Code of Maryland.

(14) "Tributary stream" has the meaning stated in Natural Resources Article, § 8-1802(a), Annotated Code of Maryland.

Md. Code Regs. 27.03.01.01

Regulation .01B amended effective August 10, 2009 (36:16 Md. R. 1251); October 29, 2012 (39:21 Md. R. 1380);40:17 Md. R. 1421, eff.9/2/2013 ; amended effective 48:18 Md. R. 694, eff. 9/6/2021; amended effective 49:3 Md. R. 139, eff. 2/7/2022