Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 24 - TIDAL WETLANDS › Chapter 26.24.01 - General › Section 26.24.01.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this
				  subtitle, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Administration" means the Water
				  Management Administration, a unit of the Department of the Environment
				  designated by the Secretary of the Environment to administer Environment
				  Article, Title 16, Annotated Code of Maryland.
(2) "Administrative Procedure Act" means the
				  provisions of State Government Article, Title 10, Subtitle 2, Annotated Code of
				  Maryland.
(3) "Aquaculture" has the
				  meaning stated in Natural Resources Article, § 4-11 A-01, Annotated Code of
				  Maryland.
(4) "Bathymetry" means
				  the water depth relative to the elevation of mean low water.
(4-1) "Beach nourishment" means a structural shoreline
					 stabilization measure that is:
(a)
				  Made by placing or pumping appropriately-sized sand from elsewhere onto an
				  eroding shore; and
(b) Designed to:
(i) Create a new beach; or
(ii) Restore or widen an existing
				  beach.
(5)
				  "Best management practices" means conservation practices or systems of
				  practices and management measures that:
(a)
				  Control soil loss and reduce water quality degradation caused by runoff,
				  nutrients, animal waste, toxicants, and sediment if best management practices
				  do not dredge or fill tidal wetlands; and
(b) Minimize adverse impacts to the surface
				  water, ground water flow, circulation patterns, and to the chemical, physical,
				  and biological characteristics of tidal wetlands.
(6) "Board" means the Board of Public
				  Works.
(7) "Boathouse" means a
				  structure with a roof or cover, or similar device placed over open water to
				  protect a boat or other vessel.
(7-1) "Breakwater" means a structural shoreline
					 stabilization measure comprised of a segmented or non-segmented stone structure
					 that is:
(a) Typically placed offshore
				  parallel to the shoreline; and
(b)
				  Designed to dissipate wave energy and reduce erosion.
(7-2) "Buffer management plan" has the meaning stated in
					 COMAR 27.01.09.01 o.
(7-3) "Bulkhead" means a structural shoreline stabilization
					 measure comprised of a vertical retaining wall composed of wood, stone,
					 concrete, plastic, steel, or other similar material that is:
(a) Placed parallel to the shoreline;
				  and
(b) Designed to control
				  erosion.
(8)
				  "Containment structure" means a facility designed for the sole purpose of
				  accepting and confining dredged material from tidal waters while allowing the
				  release of effluent, and excludes those structures designed to contain,
				  impound, or obstruct the waters of the State as defined by Environment Article,
				  §
											5-501, Annotated Code of
				  Maryland.
(9) "Coastal Bays" means
				  the estuaries situated between Maryland's Atlantic Ocean barrier islands and
				  the opposing shoreline of the mainland which include Chincoteague Bay,
				  Sinepuxent Bay, Isle of Wight, Newport Bay, Assawoman Bay, and the St. Martin
				  River.
(10) "Critical Area" has the
				  meaning stated in COMAR
				  27.01.01.01 o B.
(11) Critical Area Buffer.
(a) "Critical Area buffer" means an area in
				  the Critical 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) "Critical Area 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 o.
(11-1) "Critical Area Commission" means the Critical Area
					 Commission for the Chesapeake and Atlantic Coastal Bays, as established under
					 the Natural Resources Article, Title 8, Subtitle 18, Annotated Code of
					 Maryland.
(12) "Department" means the Department of the
				  Environment.
(13) "Direct
				  discharge" means the concentrated release of storm water to tidal waters or
				  vegetated tidal wetlands from new development or redevelopment projects in the
				  Critical Area.
(14) "Director"
				  means the Director of the Water Management Administration.
(15) "Dredging" means the removal or
				  displacement by any means of soil, sand, gravel, shells, or other material,
				  whether or not of intrinsic value, from any State or private tidal
				  wetlands.
(16) "Emergency
				  condition" means a sudden, unforeseen occurrence caused by act of God, natural
				  disaster, or other similar natural event or catastrophe when the health,
				  safety, or welfare of the citizens of the State would be jeopardized by a delay
				  in issuance of a license or permit.
(17) "Endangered species" has the meaning
				  stated in COMAR
				  08.03.08.01 o.
(17-1) "Fetch" means the linear distance of open water over
					 which wind-generated waves of a certain direction, speed, and duration travel
					 unobstructed before reaching a shoreline.
(18) Filling.
(a) "Filling" means the:
(i) Displacement of navigable water by the
				  depositing of soil, sand, gravel, shells, or other materials, including
				  pilings, piers, boathouses, deadweights, or riprap into State or private tidal
				  wetlands;
(ii) Artificial
				  alteration of tidal water levels by any physical structure, drainage ditch, or
				  otherwise; or
(iii) Discharge of
				  water from storm drainage projects directly into tidal waters of the
				  State.
(b) "Filling"
				  does not include:
(i) Drainage of
				  agricultural land;
(ii) In-place
				  replacement or repair of functional shore erosion control structures using
				  substantially similar materials and construction design;
(iii) Planting of wetlands vegetation when no
				  grading or fill in State or private wetlands is necessary; or
(iv) Marking channels and harbors and
				  establishing aids to navigation if approval has been granted by the United
				  States Coast Guard.
(19) "Fish" has the meaning stated in Natural
				  Resources Article, §
											4-101, Annotated
				  Code of Maryland.
(20) "Functional"
				  means performing at least 85 percent of the action that a structure was
				  originally designed to perform.
(21) "General wetlands license" means written
				  authorization from the Department based on a standing authorization by the
				  Board for recurrent or minimally disruptive activities conducted in State tidal
				  wetlands.
(22) "General wetlands
				  permit" means written authorization from the Department for activities
				  conducted in private tidal wetlands that cause only minimal individual and
				  cumulative adverse impacts.
(22-1) "Groin" means a structural shoreline stabilization
					 measure comprised of stone, wood, plastic, steel, or other similar material
					 that is:
(a) Typically placed
				  perpendicular to the shoreline; and
(b) Designed to trap sand and reduce
				  erosion.
(23) "Historic
				  property" means a district, site, building, structure, monument, or object
				  significant in the prehistory, history, upland and underwater archeology,
				  architecture, engineering, and culture of the State, including artifacts,
				  records, and remains related to a district, site, building, structure, or
				  object.
(24) "In kind" means having
				  characteristics closely approximating original characteristics, including those
				  of a vegetated tidal wetland before that wetland was adversely impacted, or
				  replacement of a structure with a structure of similar materials and
				  dimensions.
(25) "In the dry" means
				  activities performed above or landward of the mean high water line and all
				  tidal wetland vegetation.
(25-1) "Jetty" means a structural shoreline stabilization
					 measure comprised of stone, wood, plastic, steel, or other similar material
					 that is:
(a) Placed at inlets;
				  and
(b) Designed to:
(i) Stabilize the position of a
				  channel;
(ii) Shield vessels from
				  wave forces; and
(iii) Control the
				  movement of sand along adjacent beaches by minimizing the movement of sand into
				  a channel.
(26) "Landward boundary of tidal wetlands"
				  means the common boundary between upland or nontidal wetlands, and State or
				  private wetlands, as defined in this subtitle.
(27) "License" means written authorization by
				  the Board or by the Department under delegation from the Board to dredge, fill,
				  construct structures, or conduct other activities involving State tidal
				  wetlands which conveys a limited property interest.
(28) "Maintenance dredging" means the removal
				  or displacement by any means of soil, sand, gravel, shells, or other material,
				  whether or not of intrinsic value, from any State or private tidal wetlands,
				  that restores a navigation channel, marina, or mooring basin to depths
				  confirmed after 1972.
(29) "Marina"
				  means a facility for the mooring, docking, or storing of more than ten vessels
				  on tidal navigable waters, including a commercial, noncommercial, or community
				  facility.
(30) "Mean higher high
				  water" means the average of the higher high water height of each tidal day
				  observed over the national tidal datum epoch, including a spring
				  tide.
(31) "Mean high water" means
				  the average of all the high water levels observed over the national tidal datum
				  epoch.
(32) "Mean high water line"
				  means the line where the land meets the water surface at the elevation of mean
				  high water.
(33) "Mean low water"
				  means the average of all the low water levels observed over the national tidal
				  datum epoch.
(34) "Mitigation"
				  means the creation, restoration, or enhancement of tidal wetlands lost or
				  damaged due to dredging or filling.
(35) "National tidal datum epoch" means the
				  specific 19-year period adopted by the National Ocean Service as the official
				  time segment over which tidal observations are taken and reduced to obtain mean
				  values for tidal datums.
(35-1) Nonstructural Shoreline Stabilization
					 Measure.
(a) "Nonstructural shoreline
				  stabilization measure" means an erosion control measure that is dominated by
				  tidal wetland vegetation and is designed to preserve the natural shoreline,
				  minimize erosion, and establish aquatic habitat.
(b) "Nonstructural shoreline stabilization
				  measure" includes a living shoreline.
(36) "Nontidal wetland" has the meaning
				  stated in COMAR
				  26.23.01.01 o.
(37) "Non-water-dependent structure or
				  activity" means a temporary or permanent structure or activity, which by reason
				  of its intrinsic nature or operation does not require location in or over State
				  or private tidal wetlands.
(38)
				  "Out of kind" means having characteristics not closely approximating those of a
				  tidal wetland before that wetland was adversely impacted, or replacement of a
				  structure with a structure of dissimilar materials or dimensions.
(39) "Permit" means written authorization by
				  the Department to dredge, fill, construct structures, or to conduct certain
				  other activities involving private tidal wetlands.
(40) "Person" means any natural person,
				  partnership, joint stock company, unincorporated association or society, the
				  federal government, the State, any unit of the State, a political subdivision,
				  or other corporation of any type.
(41) Pier.
(a) "Pier" means any fixed or floating pier,
				  wharf, dock, walkway, or other similar water-dependent structure constructed on
				  or over State or private tidal wetlands for the purpose of gaining access to
				  the navigable waters of the State.
(b) "Pier" does not include a structure on
				  pilings or stilts that was constructed before December 2, 1985, landward of the
				  tidal wetland boundaries.
(42) "Private tidal wetlands" means:
(a) Land not considered State wetland
				  bordering on or lying beneath tidal waters, which is subject to regular or
				  periodic tidal action and supports aquatic growth;
(b) Tidal wetlands transferred by the State
				  by a valid lease, patent, or grant confirmed by Article 5 of the Maryland
				  Declaration of Rights, to the extent of the interest transferred; and
(c) Tidal waters created by the excavation of
				  upland unless conveyed to the State.
(43) "Public informational hearing" means a
				  meeting, open to the public, at which the applicant or the Department presents
				  information concerning a permit or license and the Department receives oral and
				  written comments concerning a decision to issue or deny a permit or a license.
				  A public informational hearing is not a contested case hearing under State
				  Government Article, §
											10-202(d),
				  Annotated Code of Maryland.
(44)
				  "Regular or periodic tidal action" means the rise and fall of the sea produced
				  by the attraction of the sun and the moon uninfluenced by wind or any other
				  circumstances.
(45) Repair.
(a) "Repair" means an activity that restores
				  the scope, size, and design of a functional structure to its previously
				  authorized, undamaged condition.
(b) "Repair" does not include activities that
				  change the size or scope of a project beyond the original design and dredge or
				  fill tidal wetlands that were not previously impacted by the project.
(46) "Restoration" means
				  reestablishment of tidal wetlands on former tidal wetland sites.
(47) "Revetment" means a structural shoreline
				  stabilization measure comprised of stone, broken concrete, or other similar
				  material that is:
(a) Typically placed
				  parallel to the shoreline; and
(b)
				  Designed to:
(i) Prevent erosion;
(ii) Fortify a bulkhead; or
(iii) Stabilize an embankment.
(48) "Riparian
				  landowner" means a property owner whose land borders on tidal wetlands or
				  waters of the State.
(49) "Riparian
				  rights" means the rights of an owner of land bordering on tidal wetlands or
				  waters of the State as recognized by Environment Article, Title 16, Annotated
				  Code of Maryland.
(50) "Shallow
				  water habitat" means aquatic habitat less than 3 feet in depth at mean low
				  water.
(51) "Species in need of
				  conservation" has the meaning stated in COMAR
				  08.03.08.01 o.
(52) "State tidal wetlands" means any land
				  under the navigable waters of the State below the mean high tide, affected by
				  the regular rise and fall of the tide. Tidal wetlands of this category which
				  have been transferred by the State by a valid lease, patent, or grant confirmed
				  by Article 5 of the Maryland Declaration of Rights are considered private tidal
				  wetlands to the extent of the interest transferred.
(53) Structural shoreline stabilization
				  measure.
(a) "Structural shoreline
				  stabilization measure" means an erosion control measure that uses devices to
				  armor and stabilize an area landward of the measure from further
				  erosion.
(b) "Structural shoreline
				  stabilization measure" includes the use of a bulkhead, gabion, revetment,
				  groin, breakwater, jetty, sand, beach nourishment, and any other similar
				  structure, or any other device for erosion control or vessel
				  protection.
(54)
				  Structure.
(a) "Structure" means building or
				  construction materials, or a combination of those materials, that are purposely
				  assembled or joined together on or over land or water.
(b) "Structure" includes a temporary or
				  permanent fixed or floating pier, piling, deck, walkway, dwelling, building,
				  boathouse, platform, gazebo, or shelter for the purpose of marine access,
				  navigation, working, eating, sleeping, or recreating.
(55) Submerged Aquatic Vegetation.
(a) "Submerged aquatic vegetation (SAV)"
				  means a vascular hydrophyte, which is rooted or unrooted, that lies entirely
				  beneath the surface of the water except for the flowering parts of some
				  species. Examples include Zannichellia palustris, Ruppia sp., and Potamogeton
				  sp.
(b) "Submerged aquatic
				  vegetation" does not include algae.
(56) "Threatened species" has the meaning
				  stated in COMAR
				  08.03.08.01 o.
(57) "Tidal wetlands" means all State and
				  private tidal wetlands, marshes, submerged aquatic vegetation, lands, and open
				  water within the Chesapeake Bay and its tidal tributaries, the Coastal Bays and
				  their tidal tributaries, and the Atlantic Ocean to a distance of 3 miles
				  offshore of the low water mark.
(58) "Tidal wetland boundary map" means a map
				  or aerial photograph on a scale of 1 inch to 200 feet that delineates the
				  landward boundary of tidal wetlands and is adopted by the Department.
(59) "Unified soil classification system"
				  means a classification system used to classify sedimentary materials by grain
				  size into gravel, silt, and clays. It is the principal classification system
				  used by engineers, and its boundaries correspond to U. S. standard sieve
				  sizes.
(60) "Upland" means any area
				  that does not qualify as a tidal or nontidal wetland.
(61) "Utility line" means an underground or
				  overhead transmission line, conduit pipe, cable, or wire for the conveyance of
				  public or private water, sewage, natural gas, or petroleum, or the transmission
				  of electricity or telecommunications.
(61-1) "Waiver" means a decision by the Department that a
					 person is not required to construct a nonstructural shoreline stabilization
					 measure.
(62) "Water
				  dependent" means a temporary or permanent structure or activity, which by
				  reason of its intrinsic nature or operation, requires location in or over State
				  or private wetlands.
(62-1) "Water Quality Certification" means the
					 certification required under COMAR
					 26.08.02.10 o.
(62-2) "Wetlands License" means written authorization by
					 the Board to dredge, fill, construct a structure, or conduct any other activity
					 involving State tidal wetlands that does not qualify for approval under a
					 general wetlands license.
(62-3) "Wetlands Permit" means written authorization by the
					 Department to dredge, fill, remove, alter, pollute, or conduct any other
					 activity involving private tidal wetlands that does not qualify for approval
					 under a general wetlands permit.