§ 7-402. Definitions.
(a) In general.
In this subtitle, the following terms have the meanings indicated.
(b) Buffer.
(1) In general.
"Buffer" means area that:
(i) based on conditions at the time of development, is immediately landward from mean high water of tidal waterways, the edge of a bank of a tributary stream, or the edge of a tidal wetland; and
(ii) exists, or may be established in, natural vegetation to protect a stream, tidal wetland, tidal waters or terrestrial environments from human disturbance.
(2) Inclusions.
"Buffer" includes:
(i) an area of at least 100-feet, even if that area was previously disturbed by human activity; and
(ii) any 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.
(c) Critical area.
(1) In general.
"Critical Area" means all lands and waters defined in §8-1807 of the State Natural Resources Article.
(2) Inclusions.
"Critical Area" includes:
(i) all waters of and lands under the Chesapeake Bay and Atlantic Coastal Bays and their tributaries to the head of tide;
(ii) all State and private wetlands designated under Title 16 of the State Environment Article;
(iii) 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 State Environment Article; and
(iv) 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 State Natural Resources Article.
(d) Critical Area Management Program.
"Critical Area Management Program" or "CAMP" means the Baltimore City Critical Area Management Program, as adopted by Resolution or Ordinance of the Mayor and City Council of Baltimore and approved by the Chesapeake Bay Critical Area Commission.
(e) Development.
(1) In general.
"Development" has the meaning stated in COMAR 27.01.01.01B(21).
(2) Inclusions.
"Development" includes any one or a combination of the following:
(1) construction, reconstruction, modification, expansion, or demolition of structures;
(2) placement of fill;
(3) dredging;
(4) drilling;
(5) mining;
(6) grading;
(7) paving;
(8) land excavation;
(9) land clearing;
(10) land improvement; or
(11) storage of materials.
(f) Disturb.
(1) In general.
"Disturb" means to alter or change land in any way.
(2) Inclusions.
"Disturb" includes any amount of clearing, grading, or construction activity.
(3) Exclusions.
"Disturb" does not include gardening or maintenance of an existing grass lawn.
(g) Significant development.
"Significant development" means any development that would:
(1) disturb any land in the Buffer;
(2) disturb 10,000 or more square feet of land in the Critical Area;
(3) result in any disturbance, caused by use, development, or destruction of vegetation, to land in an area designated under the Critical Area Management Program as a "Designated Habitat Protection Area"; or
(4) involve an expenditure for improvements to the property equal to or greater than 50% of the assessed value of the property, as recorded in the State Department of Assessment and Taxation's database.
(h) Water-dependent facilities.
(1) In general.
"Water-dependent facilities" means land uses or structures that:
(i) are associated with industrial, maritime, recreational, educational, or fisheries activities;
(ii) require a location within the Buffer near the shoreline; and
(iii) are dependent on the water by reason of the intrinsic nature of their operation.
(2) Inclusions.
"Water-dependent facilities" include:
(i) ports;
(ii) intake and outfall structures of power plants;
(iii) industries that withdraw water from surface waters regulated by this State, requiring a Water Appropriation and Use Permit from the Maryland Department of the Environment;
(iv) marinas and other boat-docking structures;
(v) public beaches and water-oriented recreation areas; and
(vi) fisheries.
(3) Exclusions.
"Water-dependent facilities" does not include private piers that are installed and maintained by riparian landowners and are not part of a subdivision that provides community piers.