§ 41-2. Definitions.

(a) In general.

In this Division IV, the following terms have the meanings indicated.

(b) Afforestation.

"Afforestation" means:

(1) the establishment of forest cover on an area from which it has always or very long been absent, or

(2) the planting of open areas which are not presently in forest cover; and

(3) establishment of a forest according to procedures set forth in the Baltimore City Forest Conservation Manual.

"Baltimore City Forest Conservation Manual" ("Manual") includes the State Forest Conservation Manual and the Baltimore City Forest Conservation Supplement to the State Forest Conservation Manual.

(d) Clear.

"Clear" means removal of any woody plant, wherein the stump and root mass are physically removed.

(e) Critical root zone.

"Critical root zone" means a circular region measured outward from a tree trunk representing the area of the roots that must be maintained or protected for the tree's survival. Critical root zone shall be measured as one foot of radial distance for every inch of tree diameter (DBH) measured at 4.5 feet above the ground with a minimum radius of 8 feet. For specimen trees the critical root zone shall be measured as 1.5 feet of radial distance for every inch of tree diameter.

(f) Cut.

"Cut" means the removal of a woody plant, wherein the stump and root mass remain in place and intact.

(g) Declaration of intent.

"Declaration of intent" means a document whose purpose is to verify that the proposed activity is exempt under the provisions of the Natural Resources Article and this Division IV.

(h) Department.

"Department" means the Baltimore City Department of Planning.

(i) Forest.

"Forest" includes:

(1) a biological community dominated by trees and other woody plants covering a land area of 4,000 square feet or greater. This area must have a live tree density of at least 100 trees per acre, with at least 50% of those trees having a 2-inch or greater diameter at 4.5 feet above the ground;

(2) areas that have been cut, but not cleared; and

(3) "forest" does not include orchards or Christmas tree plantations.

(j) Forest conservation.

"Forest conservation" means the retention of existing forest or the creation of new forest as prescribed by the Department of Planning and the Baltimore City Forest Conservation Manual.

(k) Forest conservation plan.

"Forest conservation plan" means a plan approved pursuant to Subtitles 42 and 44 of this Division IV and the requirements of the Baltimore City Forest Conservation Manual.

(l) Forest stand delineation.

"Forest stand delineation" means the description of the existing vegetation on a site proposed for development, prepared according to the requirements of the Baltimore City Forest Conservation Technical Manual and this Division IV.

(m) Person.

(1) In general.

"Person" has the meaning stated in § 1-107(a) {"Person: In general"} of the City Code's General Provisions Article.

(2) Inclusion of governmental entities.

Notwithstanding § 1-107(b) {"Person: Exclusion"} of the General Provisions Article, in this Division IV "person" also includes a governmental entity or an instrumentality or unit of a governmental entity.

(n) Reforest; reforestation.

"Reforest" or "reforestation" means to create a biological community dominated by trees and other woody plants containing at least 100 trees per acre with at least 50% of those trees having the potential of attaining a 2-inch or greater diameter measured at 4.5 feet above the ground within 5 years and includes afforestation or establishment of a forest according to procedures set forth in the Baltimore City Forest Conservation Manual.

(o) Regulated activity.

"Regulated activity" means any activity subject to the requirements of § 42-1 of this Division IV.

(p) Retention.

"Retention" means the deliberate holding and protecting of existing trees, shrubs, or plants on the site according to established standards in the Baltimore City Forest Conservation Manual.

(q) Specimen tree.

"Specimen tree" means a tree having a diameter measured at 4.5 feet above the ground of 20 inches or more or trees having 75% or more of the diameter of the current state champion tree of that species.

(r) Tree.

"Tree" means a large, woody plant having 1 or several self-supporting stems or trunks and numerous branches that reach a height of at least 20 feet at maturity.