Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 1000 - GUIDELINES FOR MUNICIPAL SHORELAND ZONING ORDINANCES › Section 096-1000-17 - Definitions

Current through 2024-29, July 17, 2024
Accessory structure or use-
a use or structure
				  which is incidental and subordinate to the principal use or structure.
				  Accessory uses, when aggregated, shall not subordinate the principal use of the
				  lot. A deck or similar extension of the principal structure or a garage
				  attached to the principal structure by a roof or a common wall is considered
				  part of the principal structure.
Aggrieved party-
an owner of land whose property
				  is directly or indirectly affected by the granting or denial of a permit or
				  variance under this Ordinance; a person whose land abuts land for which a
				  permit or variance has been granted; or any other person or group of persons
				  who have suffered particularized injury as a result of the granting or denial
				  of such permit or variance.
Agriculture-
the production, keeping or
				  maintenance for sale or lease of plants or animals, including, but not limited
				  to, forages and sod crops, grains and seed crops, dairy animals and dairy
				  products, poultry and poultry products, livestock, fruits and vegetables and
				  ornamental green-house products. Agriculture does not include forest management
				  and timber harvesting activities.
Aquaculture-
the growing or propagation of
				  harvestable freshwater, estuarine, or marine plant or animal species.
Basal Area-
the area of cross-section of a tree
				  stem at 4 1/2 feet above ground level and inclusive of bark.
Basement-
any portion of a structure with a
				  floor-to-ceiling height of 6 feet or more and having more than 50% of its
				  volume below the existing ground level.
Boat Launching Facility-
a facility designed
				  primarily for the launching and landing of watercraft, and which may include an
				  access ramp, docking area, and parking spaces for vehicles and trailers.
Bureau of Forestry-
State of Maine Department of
				  Agriculture, Conservation, and Forestry, Bureau of Forestry.
Campground-
any area or tract of land to
				  accommodate two (2) or more parties in temporary living quarters, including,
				  but not limited to tents, recreational vehicles or other shelters.
Canopy-
the more or less continuous cover
				  formed by tree crowns in a wooded area.
Coastal wetland-
all tidal and subtidal lands;
				  all lands with vegetation present that is tolerant of salt water and occurs
				  primarily in a salt water or estuarine habitat; and any swamp, marsh, bog,
				  beach, flat or other contiguous low land that is subject to tidal action during
				  the highest tide level for the year in which an activity is proposed as
				  identified in tide tables published by the National Ocean Service. Coastal
				  wetlands may include portions of coastal sand dunes.
NOTE
:All areas below the highest annual tide
				  level are coastal wetlands. These areas may consist of rocky ledges, sand and
				  cobble beaches, mud flats, etc., in addition to salt marshes and salt
				  meadows.
Commercial use-
the use of lands, buildings, or
				  structures, other than a "home occupation," defined below, the intent and
				  result of which activity is the production of income from the buying and
				  selling of goods and/or services, exclusive of rental of residential buildings
				  and/or dwelling units.
Cross-sectional area-
the cross-sectional area
				  of a stream or tributary stream channel is determined by multiplying the stream
				  or tributary stream channel width by the average stream or tributary stream
				  channel depth. The stream or tributary stream channel width is the straight
				  line distance from the normal high-water line on one side of the channel to the
				  normal high-water line on the opposite side of the channel. The average stream
				  or tributary stream channel depth is the average of the vertical distances from
				  a straight line between the normal high-water lines of the stream or tributary
				  stream channel to the bottom of the channel.
DBH
- the diameter of a standing tree measured
				  4.5 feet from ground level.
Development
- a change in land use involving
				  alteration of the land, water or vegetation, or the addition or alteration of
				  structures or other construction not naturally occurring.
Dimensional requirements-
numerical standards
				  relating to spatial relationships including but not limited to setback, lot
				  area, shore frontage and height.
Disability-
any disability, infirmity,
				  malformation, disfigurement, congenital defect or mental condition caused by
				  bodily injury, accident, disease, birth defect, environmental conditions or
				  illness; and also includes the physical or mental condition of a person which
				  constitutes a substantial handicap as determined by a physician or in the case
				  of mental handicap, by a psychiatrist or psychologist, as well as any other
				  health or sensory impairment which requires special education, vocational
				  rehabilitation or related services.
Disruption of shoreline integrity-
the
				  alteration of the physical shape, properties, or condition of a shoreline at
				  any location by timber harvesting and related activities. A shoreline where
				  shoreline integrity has been disrupted is recognized by compacted, scarified
				  and/or rutted soil, an abnormal channel or shoreline cross-section, and in the
				  case of flowing waters, a profile and character altered from natural
				  conditions.
Driveway -
a vehicular access-way less than five
				  hundred (500) feet in length serving two single-family dwellings or one
				  two-family dwelling, or less.
Emergency operations-
operations conducted for
				  the public health, safety or general welfare, such as protection of resources
				  from immediate destruction or loss, law enforcement, and operations to rescue
				  human beings, property and livestock from the threat of destruction or
				  injury.
Essential services-
gas, electrical or
				  communication facilities; steam, fuel, electric power or water transmission or
				  distribution lines, towers and related equipment; telephone cables or lines,
				  poles and related equipment; gas, oil, water, slurry or other similar
				  pipelines; municipal sewage lines, collection or supply systems; and associated
				  storage tanks. Such systems may include towers, poles, wires, mains, drains,
				  pipes, conduits, cables, fire alarms and police call boxes, traffic signals,
				  hydrants and similar accessories, but shall not include service drops or
				  buildings which are necessary for the furnishing of such services.
Expansion of a structure-
an increase in the
				  footprint of a structure, including all extensions such as, but not limited to:
				  attached decks, garages, porches and greenhouses.
Expansion of use-
the addition of one or more
				  months to a use's operating season; or the use of more footprint of a structure
				  or ground area devoted to a particular use.
Family-
one or more persons occupying a premise
				  and living as a single housekeeping unit.
Floodway-
the channel of a river or other
				  watercourse and adjacent land areas that must be reserved in order to discharge
				  the 100-year flood without cumulatively increasing the water surface elevation
				  by more than one foot in height.
Floor area-
the sum of the horizontal areas of
				  the floor(s) of a structure enclosed by exterior walls.
Footprint-
the entire area of ground covered by
				  the structure(s) on a lot, including but not limited to cantilevered or similar
				  overhanging extensions, as well as unenclosed structures, such as patios and
				  decks.
Forest management activities-
timber cruising
				  and other forest resource evaluation activities, pesticide or fertilizer
				  application, management planning activities, timber stand improvement, pruning,
				  regeneration of forest stands, and other similar or associated activities,
				  exclusive of timber harvesting and the construction, creation or maintenance of
				  roads.
Forest Stand-
a contiguous group of trees
				  sufficiently uniform in age class distribution, composition, and structure, and
				  growing on a site of sufficiently uniform quality, to be a distinguishable
				  unit.
Forested wetland-
a freshwater wetland dominated
				  by woody vegetation that is six (6) meters tall (approximately twenty (20)
				  feet) or taller.
Foundation-
the supporting substructure of a
				  building or other structure, excluding wooden sills and post supports, but
				  including basements, slabs, frost walls, or other base consisting of concrete,
				  block, brick or similar material.
Freshwater wetland-
freshwater swamps, marshes,
				  bogs and similar areas, other than forested wetlands, which are:
(1) Of ten or more contiguous acres; or of less than 10
				  contiguous acres and adjacent to a surface water body, excluding any river,
				  stream or brook, such that in a natural state, the combined surface area is in
				  excess of 10 acres; and
(2) Inundated or saturated by surface or ground water at a
				  frequency and for a duration sufficient to support, and which under normal
				  circumstances do support, a prevalence of wetland vegetation typically adapted
				  for life in saturated soils.
Freshwater wetlands may contain small stream channels or
				  inclusions of land that do not conform to the criteria of this
				  definition.
Functionally water-dependent uses-
those uses
				  that require, for their primary purpose, location on submerged lands or that
				  require direct access to, or location in, coastal or inland waters and that can
				  not be located away from these waters. The uses include, but are not limited
				  to, commercial and recreational fishing and boating facilities, finfish and
				  shellfish processing, fish-related storage and retail and wholesale fish
				  marketing facilities, waterfront dock and port facilities, shipyards and boat
				  building facilities, marinas, navigation aids, basins and channels, shoreline
				  structures necessary for erosion control purposes, industrial uses dependent
				  upon water-borne transportation or requiring large volumes of cooling or
				  processing water that can not reasonably be located or operated at an inland
				  site, and uses that primarily provide general public access to coastal or
				  inland waters. Recreational boat storage buildings are not considered to be a
				  functionally water-dependent use.
Great pond-
any inland body of water which in a
				  natural state has a surface area in excess of ten acres, and any inland body of
				  water artificially formed or increased which has a surface area in excess of
				  thirty (30) acres except for the purposes of this Ordinance, where the
				  artificially formed or increased inland body of water is completely surrounded
				  by land held by a single owner,
Great pond classified GPA-
any great pond
				  classified GPA, pursuant to 38 M.R.S.A. Article 4-A Section 465-A. This
				  classification includes some, but not all impoundments of rivers that are
				  defined as great ponds.
Ground cover-
small plants, fallen leaves,
				  needles and twigs, and the partially decayed organic matter of the forest
				  floor.
Harvest Area-
the area where timber harvesting
				  and related activities, including the cutting of trees, skidding, yarding, and
				  associated road construction take place. The area affected by a harvest
				  encompasses the area within the outer boundaries of these activities, excepting
				  unharvested areas greater than 10 acres within the area affected by a
				  harvest.
Hazard tree-
a tree with a structural defect,
				  combination of defects, or disease resulting in a structural defect that under
				  the normal range of environmental conditions at the site exhibits a high
				  probability of failure and loss of a major structural component of the tree in
				  a manner that will strike a target. A normal range of environmental conditions
				  does not include meteorological anomalies, such as, but not limited to:
				  hurricanes; hurricane-force winds; tornados; microbursts; or significant ice
				  storm events. Hazard trees also include those trees that pose a serious and
				  imminent risk to bank stability. A target is the area where personal injury or
				  property damage could occur if the tree or a portion of the tree fails. Targets
				  include roads, driveways, parking areas, structures, campsites, and any other
				  developed area where people frequently gather and linger.
Height of a structure-
the vertical distance
				  between the mean original (prior to construction) grade at the downhill side of
				  the structure and the highest point of the structure, excluding chimneys,
				  steeples, antennas, and similar appurtenances that have no floor area.
Home occupation-
an occupation or profession
				  which is customarily conducted on or in a residential structure or property and
				  which is 1) clearly incidental to and compatible with the residential use of
				  the property and surrounding residential uses; and 2) which employs no more
				  than two (2) persons other than family members residing in the home.
Increase in nonconformity of a structure-
any
				  change in a structure or property which causes further deviation from the
				  dimensional standard(s) creating the nonconformity such as, but not limited to,
				  reduction in water body, tributary stream or wetland setback distance, increase
				  in lot coverage, or increase in height of a structure. Property changes or
				  structure expansions which either meet the dimensional standard or which cause
				  no further increase in the linear extent of nonconformance of the existing
				  structure shall not be considered to increase nonconformity. For example, there
				  is no increase in nonconformity with the setback requirement for water bodies,
				  wetlands, or tributary streams if the expansion extends no further into the
				  required setback area than does any portion of the existing nonconforming
				  structure. Hence, a structure may be expanded laterally provided that the
				  expansion extends no closer to the water body, tributary stream, or wetland
				  than the closest portion of the existing structure from that water body,
				  tributary stream, or wetland. Included in this allowance are expansions which
				  in-fill irregularly shaped structures.
Individual private campsite-
an area of land
				  which is not associated with a campground, but which is developed for repeated
				  camping by only one group not to exceed ten (10) individuals and which involves
				  site improvements which may include but not be limited to a gravel pad, parking
				  area, fire place, or tent platform.
Industrial-
The assembling, fabrication,
				  finishing, manufacturing, packaging or processing of goods, or the extraction
				  of minerals.
Institutional-
a non-profit or quasi-public
				  use, or institution such as a church, library, public or private school,
				  hospital, or municipally owned or operated building, structure or land used for
				  public purposes.
Land Management Road -
a route or track
				  consisting of a bed of exposed mineral soil, gravel, or other surfacing
				  materials constructed for, or created by, the passage of motorized vehicles and
				  used primarily for timber harvesting and related activities, including
				  associated log yards, but not including skid trails or skid roads.
Licensed Forester-
a forester licensed under 32
				  M.R.S.A. Chapter 76.
Lot area-
The area of land enclosed within the
				  boundary lines of a lot, minus land below the normal high-water line of a water
				  body or upland edge of a wetland and areas beneath roads serving more than two
				  lots.
Marina-
a business establishment having frontage
				  on navigable water and, as its principal use, providing for hire offshore
				  moorings or docking facilities for boats, and which may also provide accessory
				  services such as boat and related sales, boat repair and construction, indoor
				  and outdoor storage of boats and marine equipment, bait and tackle shops and
				  marine fuel service facilities.
Market value-
the estimated price a property
				  will bring in the open market and under prevailing market conditions in a sale
				  between a willing seller and a willing buyer, both conversant with the property
				  and with prevailing general price levels.
Mineral exploration-
hand sampling, test
				  boring, or other methods of determining the nature or extent of mineral
				  resources which create minimal disturbance to the land and which include
				  reasonable measures to restore the land to its original condition.
Mineral extraction-
any operation within any
				  twelve (12) month period which removes more than one hundred (100) cubic yards
				  of soil, topsoil, loam, sand, gravel, clay, rock, peat, or other like material
				  from its natural location and to transport the product removed, away from the
				  extraction site.
Minimum lot width-
the closest distance between
				  the side lot lines of a lot. When only two lot lines extend into the shoreland
				  zone, both lot lines shall be considered to be side lot lines.
Multi-unit residential-
a residential structure
				  containing three (3) or more residential dwelling units.
Native-
indigenous to the local forests.
Non-conforming condition-
non-conforming lot,
				  structure or use which is allowed solely because it was in lawful existence at
				  the time this Ordinance or subsequent amendment took effect.
Non-conforming lot-
a single lot of record
				  which, at the effective date of adoption or amendment of this Ordinance, does
				  not meet the area, frontage, or width requirements of the district in which it
				  is located.
Non-conforming structure-
a structure which
				  does not meet any one or more of the following dimensional requirements;
				  setback, height, lot coverage or footprint, but which is allowed solely because
				  it was in lawful existence at the time this Ordinance or subsequent amendments
				  took effect.
Non-conforming use-
use of buildings,
				  structures, premises, land or parts thereof which is not allowed in the
				  district in which it is situated, but which is allowed to remain solely because
				  it was in lawful existence at the time this Ordinance or subsequent amendments
				  took effect.
Non-native invasive species of vegetation-
species of vegetation listed by the Maine Department of Agriculture,
				  Conservation and Forestry as being invasive in Maine ecosystems and not native
				  to Maine ecosystems.
Normal high-water line (non-tidal waters)-
that
				  line which is apparent from visible markings, changes in the character of soils
				  due to prolonged action of the water or changes in vegetation, and which
				  distinguishes between predominantly aquatic and predominantly terrestrial land.
				  Areas contiguous with rivers and great ponds that support non-forested wetland
				  vegetation and hydric soils and that are at the same or lower elevation as the
				  water level of the river or great pond during the period of normal high-water
				  are considered part of the river or great pond.
NOTE
: Adjacent to tidal waters, setbacks are
				  measured from the upland edge of the "coastal wetland."
Outlet stream -
any perennial or intermittent
				  stream, as shown on the most recent highest resolution version of the national
				  hydrography data set available from the United States Geological Survey on the
				  website of the United States Geological Survey or the national map, that flows
				  from a freshwater wetland.
Person-
an individual, corporation,
				  governmental agency, municipality, trust, estate, partnership, association, two
				  or more individuals having a joint or common interest, or other legal
				  entity.
Piers, docks, wharves, bridges and other structures
				  and uses
extending over or beyond the normal high-water line or within a
				  wetland.
Temporary
: Structures which remain in or over
				  the water for less than seven (7) months in any period of twelve (12)
				  consecutive months.
Permanent
: Structures which remain in or over
				  the water for seven (7) months or more in any period of twelve (12) consecutive
				  months.
Principal structure-
a structure other than one
				  which is used for purposes wholly incidental or accessory to the use of another
				  structure or use on the same lot.
Principal use-
a use other than one which is
				  wholly incidental or accessory to another use on the same lot.
Public facility-
any facility, including, but
				  not limited to, buildings, property, recreation areas, and roads, which are
				  owned, leased, or otherwise operated, or funded by a governmental body or
				  public entity.
Recent floodplain soils-
the following soil
				  series as described and identified by the National Cooperative Soil
				  Survey:
Fryeburg
Hadley
Limerick
Lovewell
Medomak
Ondawa
Alluvial
Cornish
Charles
Podunk
Rumney
Saco
Suncook
Sunday
Winooski
Recreational facility-
a place designed and
				  equipped for the conduct of sports, leisure time activities, and other
				  customary and usual recreational activities, excluding boat launching
				  facilities.
Recreational vehicle-
a vehicle or an
				  attachment to a vehicle designed to be towed, and designed for temporary
				  sleeping or living quarters for one or more persons, and which may include a
				  pick-up camper, travel trailer, tent trailer, camp trailer, and motor home. In
				  order to be considered as a vehicle and not as a structure, the unit must
				  remain with its tires on the ground, and must be registered with the State
				  Division of Motor Vehicles.
Replacement system-
a system intended to
				  replace: 1.) an existing system which is either malfunctioning or being
				  upgraded with no significant change of design flow or use of the structure, or
				  2.) any existing overboard wastewater discharge.
Residential dwelling unit-
a room or group of
				  rooms designed and equipped exclusively for use as permanent, seasonal, or
				  temporary living quarters for only one family at a time, and containing
				  cooking, sleeping and toilet facilities. The term shall include mobile homes
				  and rental units that contain cooking, sleeping, and toilet facilities
				  regardless of the time-period rented. Recreational vehicles are not residential
				  dwelling units.
Residual basal area-
the average of the basal
				  area of trees remaining on a harvested site.
Residual Stand-
a stand of trees remaining in
				  the forest following timber harvesting and related activities
Riprap -
rocks, irregularly shaped, and at least
				  six (6) inches in diameter, used for erosion control and soil stabilization,
				  typically used on ground slopes of two (2) units horizontal to one (1) unit
				  vertical or less.
River -
a free-flowing body of water including
				  its associated floodplain wetlands from that point at which it provides
				  drainage for a watershed of twenty five (25) square miles to its mouth.
NOTE
: The portion of a river that is subject to
				  tidal action is a coastal wetland.
Road -
a route or track consisting of a bed of
				  exposed mineral soil, gravel, asphalt, or other surfacing material constructed
				  for or created by the repeated passage of motorized vehicles, excluding a
				  driveway as defined.
Salt marsh-
Areas of coastal wetland (most often
				  along coastal bays) that support salt tolerant species, and where at average
				  high tide during the growing season, the soil is irregularly inundated by tidal
				  waters. The predominant species is saltmarsh cordgrass (Spartina alterniflora).
				  More open areas often support widgeon grass, eelgrass, and Sago
				  pondweed.
Salt meadow-
Areas of a coastal wetland that
				  support salt tolerant plant species bordering the landward side of salt marshes
				  or open coastal water, where the soil is saturated during the growing season
				  but which is rarely inundated by tidal water. Indigenous plant species include
				  salt meadow cordgrass (Spartina patens) and black rush; common three square
				  occurs in fresher areas.
Sapling -
a tree species that is less than two
				  (2) inches in diameter at four and one half (4.5) feet above ground
				  level.
Seedling -
a young tree species that is less
				  than four and one half (4.5) feet in height above ground level.
Service drop-
any utility line extension which
				  does not cross or run beneath any portion of a water body provided that:
(1) in the case of electric service
(a) the placement of wires and/or the installation of utility
				  poles is located entirely upon the premises of the customer requesting service
				  or upon a roadway right-of-way; and
(b) the total length of the extension is less than one
				  thousand (1,000) feet.
(2) in the case of telephone service
(a) the extension, regardless of length, will be made by the
				  installation of telephone wires to existing utility poles, or
(b) the extension requiring the installation of new utility
				  poles or placement underground is less than one thousand (1,000) feet in
				  length.
Setback -
the nearest horizontal distance from
				  the normal high-water line of a water body or tributary stream, or upland edge
				  of a wetland, to the nearest part of a structure, road, parking space or other
				  regulated object or area.
Shore frontage-
the length of a lot bordering on
				  a water body or wetland measured in a straight line between the intersections
				  of the lot lines with the shoreline.
Shoreland zone-
the land area located within two
				  hundred and fifty (250) feet, horizontal distance, of the normal high-water
				  line of any great pond or river; within 250 feet, horizontal distance, of the
				  upland edge of a coastal wetland, including all areas affected by tidal action;
				  within 250 feet of the upland edge of a freshwater wetland; or within
				  seventy-five (75) feet, horizontal distance, of the normal high-water line of a
				  stream.
Shoreline-
the normal high-water line, or
				  upland edge of a freshwater or coastal wetland.
Significant River Segments-
See Appendix A or
				   38 M.R.S.A.
				  section437.
Skid Road or Skid Trail-
a route repeatedly used
				  by forwarding machinery or animal to haul or drag forest products from the
				  stump to the yard or landing, the construction of which requires minimal
				  excavation.
Slash-
the residue, e.g., treetops and branches,
				  left on the ground after a timber harvest.
Storm-damaged tree-
a tree that has been
				  uprooted, blown down, is lying on the ground, or that remains standing and is
				  damaged beyond the point of recovery as the result of a storm event.
Stream -
a free-flowing body of water from the
				  outlet of a great pond or the confluence of two (2) perennial streams as
				  depicted on the most recent , highest resolution version of the national
				  hydrography data set available from the United States Geological Survey on the
				  website of the United States Geological Survey or the national map to the point
				  where the stream becomes a river or where the stream meets the shoreland zone
				  of another water body or wetland. When a stream meets the shoreland zone of a
				  water body or wetland and a channel forms downstream of the water body or
				  wetland as an outlet, that channel is also a stream.
Structure-
anything temporarily or permanently
				  located, built, constructed or erected for the support, shelter or enclosure of
				  persons, animals, goods or property of any kind or anything constructed or
				  erected on or in the ground. The term includes structures temporarily or
				  permanently located, such as decks, patios, and satellite dishes. Structure
				  does not include fences; poles and wiring and other aerial equipment normally
				  associated with service drops, including guy wires and guy anchors; subsurface
				  waste water disposal systems as defined in Title 30-A, section 4201, subsection
				  5; geothermal heat exchange wells as defined in Title 32, section 4700-E,
				  subsection 3-C; or wells or water wells as defined in Title 32, section 4700-E,
				  subsection
				  8.
Substantial start-
completion of thirty (30)
				  percent of a permitted structure or use measured as a percentage of estimated
				  total cost.
Subsurface sewage disposal system-
any system
				  designed to dispose of waste or waste water on or beneath the surface of the
				  earth; includes, but is not limited to: septic tanks; disposal fields;
				  grandfathered cesspools; holding tanks; pretreatment filter, piping, or any
				  other fixture, mechanism, or apparatus used for those purposes; does not
				  include any discharge system licensed under
				   38 M.R.S.A.
				  section414, any surface waste water disposal
				  system, or any municipal or quasi-municipal sewer or waste water treatment
				  system..
Sustained slope-
a change in elevation where the
				  referenced percent grade is substantially maintained or exceeded throughout the
				  measured area.
Tidal waters-
all waters affected by tidal
				  action during the highest annualtide.
Timber harvesting-
the cutting and removal of
				  timber for the primary purpose of selling or processing forest products.
				  "Timber harvesting" does not include the cutting or removal of vegetation
				  within the shoreland zone when associated with any other land use activities.
				  The cutting or removal of trees in the shoreland zone on a lot that has less
				  than two (2) acres within the shoreland zone shall not be considered timber
				  harvesting. Such cutting or removal of trees shall be regulated pursuant to
				  Section
				  15(P),
Clearing or Removal of Vegetation for Activities Other Than Timber
				  Harvesting
.
Timber harvestin gand related activities-
timber harvesting, the construction and maintenance of roads used primarily for
				  timber harvesting and other activities conducted to facilitate timber
				  harvesting.
Tree -
a woody perennial plant with a
				  well-defined trunk(s) at least two (2) inches in diameter at four and one half
				  (4.5) feet above the ground, with a more or less definite crown, and reaching a
				  height of at least ten (10) feet at maturity.
Tributary stream-
means a channel between
				  defined banks created by the action of surface water, which is characterized by
				  the lack of terrestrial vegetation or by the presence of a bed, devoid of
				  topsoil, containing waterborne deposits or exposed soil, parent material or
				  bedrock; and which is connected hydrologically with other water bodies.
				  "Tributary stream" does not include rills or gullies forming because of
				  accelerated erosion in disturbed soils where the natural vegetation cover has
				  been removed by human activity.
This definition does not include the term "stream" as defined
				  elsewhere in this Ordinance, and only applies to that portion of the tributary
				  stream located within the shoreland zone of the receiving water body or
				  wetland.
NOTE
: Water setback requirements apply to
				  tributary streams within the shoreland zone.
Upland edge of a wetland-
the boundary between
				  upland and wetland. For purposes of a coastal wetland, this boundary is the
				  line formed by the landward limits of the salt tolerant vegetation and/or the
				  highest annualtide level, including all areas affected by tidal action. For
				  purposes of a freshwater wetland, the upland edge is formed where the soils are
				  not saturated for a duration sufficient to support wetland vegetation; or where
				  the soils support the growth of wetland vegetation, but such vegetation is
				  dominated by woody stems that are six (6) meters (approximately twenty (20)
				  feet) tall or taller.
Vegetation-
all live trees, shrubs, and other
				  plants including without limitation, trees both over and under 4 inches in
				  diameter, measured at 4 1/2 feet above ground level.
Velocity zone-
an area of special flood hazard
				  extending from offshore to the inland limit of the primary frontal dune along
				  an open coast and any other area subject to high velocity wave action from
				  storms or seismic sources.
Volume of a structure-
the volume of all
				  portions of a structure enclosed by roof and fixed exterior walls as measured
				  from the exterior faces of these walls and roof.
Water body-
any great pond, river or
				  stream.
Water crossing-
any project extending from one
				  bank to the opposite bank of a river, stream, tributary stream, or wetland
				  whether under, through, or over the water or wetland. Such projects include but
				  may not be limited to roads, fords, bridges, culverts, water lines, sewer
				  lines, and cables as well as maintenance work on these crossings. This
				  definition includes crossings for timber harvesting equipment and related
				  activities.
Wetland -
a freshwater or coastal
				  wetland.
Windfirm-
the ability of a forest stand to
				  withstand strong winds and resist windthrow, wind rocking, and major
				  breakage.
Woody Vegetation
- live trees or woody,
				  non-herbaceous shrubs.