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Town of Chesapeake Beach, MD
Calvert County
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A. 
Unless a contrary intention clearly appears, the following words and phrases shall have, for the purpose of this chapter, the meanings given in the following clauses.
B. 
For the purpose of this chapter, words and terms used herein shall be interpreted as follows:
(1) 
Words used in the present tense include the future.
(2) 
The singular includes the plural.
(3) 
The word "person" includes a corporation, institution, partnership, and association, as well as the individual.
(4) 
The word "lot" includes the word "plot" or "parcel."
(5) 
The term "shall" is always mandatory.
(6) 
The word "used" or "occupied" as applied to any land or building shall be construed to include the words "arranged or designed to be used or occupied."
(7) 
The word "Council" and the words "Town Council" shall always mean the Town Council of Chesapeake Beach, Maryland.
(8) 
The word "Commission" and the words "Planning and Zoning Commission" and the words "Planning Commission" shall always mean the Chesapeake Beach Planning and Zoning Commission.
(9) 
The word "Board" shall always mean the Board of Zoning Appeals of Chesapeake Beach, Maryland.
(10) 
The word "Town" shall always mean the Town of Chesapeake Beach, Maryland.
(11) 
The word "Administrator" shall always mean the Zoning/Public Works Administrator.
C. 
Any word or term not defined herein shall be used with a meaning of standard usage.
As used in this chapter, the following terms shall have the meanings indicated:
ADULT BOOKSTORE
Any premises from which minors are excluded and in which the retail sale of books, magazines, newspapers, movie films, devices, slides, or other photographic or written reproductions is conducted as a principal use of the premises; or as an adjunct to some other business activity, but which constitutes the primary or a major attraction to the premises.
ADULT NIGHTCLUB, BAR, RESTAURANT, OR SIMILAR ESTABLISHMENT
An entertainment establishment which features go-go dancers, exotic dancers, strippers, male or female impersonators, or similar entertainers.
ALTERATIONS
As applied to a building structure, a change or rearrangement in the structural parts, or an enlargement, whether by extending on a side or by increasing in height, or the moving from one location to another.
AREA, GROSS
All the area within a parcel, inclusive of steep slopes, local access streets or alleys, off-street parking spaces, recreation sites, floodplains, and wetlands.
AREA, GROSS FLOOR
The usable space contained within a structure. For a residential application, the floor area is included if it is a basement area over 3.5 feet above grade, an attic area which has a ceiling seven feet or more in height, or any areas with a ceiling height of more than five feet in height that adjoin living areas. If the ceiling height exceeds 14 feet in any interior space, the floor area is counted twice.
BED-AND-BREAKFAST ESTABLISHMENT
An owner-occupied or manager-occupied building where, for compensation and only by prearrangement (transients only) for definite periods, lodging and meals are provided. Such uses are limited to five guest rooms, excluding resident management.
BUILDING
A combination of materials having a roof, to form a structure for the shelter of persons, animals, or chattel. The word "building" shall include any part thereof.
BUILDING, ACCESSORY
A building subordinate to the principal building on the same lot and used for purposes customarily incidental to those of the principal building.
BUILDING AREA
The aggregate of the maximum horizontal cross-section areas of all buildings on a lot, excluding cornices, unroofed porches, paved terraces, exterior steps, eaves, and gutters.
BUILDING COVERAGE
The percentage of the lot area covered by the building area. This percentage shall include any square footage included in the ground floor of the gross floor area calculation.
[Amended 11-17-2022 by Ord. No. O-22-12]
BUILDING HEIGHT
A building's height shall be measured by the average street frontage elevation, address side, (not elevated) finished lot grade, at the primary front entrance to the building. The height shall be measured to the highest point in the roofline, which shall include any rooftop deck, fence railing, widows walk, or other rooftop addition.
[Amended 2-7-2001 by Ord. No. O-06-17; 11-17-2022 by Ord. No. O-22-12]
COMMERCIAL USE
An occupation, employment, or enterprise that is carried on for profit by the owner, lessee, or licensee.
CONDOMINIUM
An ownership arrangement as defined in the Annotated Code of Maryland, Real Property Article, Title 11. It is an estate in real property consisting of an undivided interest in common with other purchasers in a portion of a parcel of real property, together with a separate interest in space in a building, such as an apartment.
CUSTOMARY HOME OCCUPATION
An activity undertaken for gain or profit and carried on in a dwelling or building accessory to a dwelling, by members of the family residing in the dwelling and up to one additional unrelated person. A customary home occupation is clearly secondary to the use of the dwelling as a residence.
DENSITY, GROSS
The number of dwelling units per gross acre of a development parcel, inclusive of streets, open spaces, and nonbuildable areas.
DWELLING
A building on a permanent foundation arranged or designed to provide living facilities for one or more families. The word "dwelling" shall not be construed to include a mobile home or habitable travel trailer.
DWELLING, ACCESSORY
A dwelling unit which is either attached to a dwelling as defined herein or is located in an accessory building, as defined herein.
DWELLING, MULTIPLE-FAMILY
A building containing two or more dwelling units on a single lot having a common roof and a common entry.
DWELLING, SINGLE-FAMILY ATTACHED
A building containing two or three attached dwelling units which have a common wall at the lot line between each unit and which are on separate lots.
[Amended 3-20-2008 by Ord. No. O-08-1]
DWELLING, SINGLE-FAMILY DETACHED
A building containing one dwelling unit on one lot and detached from any other dwelling.
DWELLING, TOWNHOUSE
A building containing four or more attached dwelling units in a row which have a common wall at the lot line between each unit and which are on separate lots.
[Amended 3-20-2008 by Ord. No. O-08-1]
DWELLING UNIT
A dwelling or portion thereof providing complete living facilities for one family, but shall not include mobile homes, habitable travel trailers, or rooming, boarding-, or lodging houses, or hotels, motels, tourist homes, or other similar places offering overnight accommodations for transients.
FAMILY
An individual, or two or more persons related by blood or marriage, or group of not more than four persons not related by blood or marriage, living together as a single housekeeping group in a dwelling unit.
GROUP HOME
Any residential structure used to provide assisted community living for persons with physical, mental, emotional, familial, or social difficulties.[1]
HOTEL
See "motel."
LIGHT INDUSTRIAL USES
A narrow range of industrial uses that are compatible with adjacent uses to the extent that any adverse effects on health, safety, welfare, or the environment are avoided. The uses are limited to light manufacturing, fabricating, warehousing, and wholesale distributing in low buildings with off-street loading and off-street parking for employees and with access by major thoroughfares. Light industries include those which manufacture, process, store, package or distribute goods and materials; and are, in general, dependent on raw materials refined elsewhere.
LOT
A parcel of land used or set aside and available for use as the site of one or more buildings and buildings accessory thereto or for any other purpose, in one ownership and not divided by a street nor including any land within the limits of a public or private street right-of-way. The term "record lot" means the land designated as a separate and distinct parcel of land on a legally recorded deed filed among the Land Records of Calvert County.
LOT, CORNER
Lot abutting two or more streets at their intersections, where the interior angle of the intersection does not exceed 135°.
LOT, DOUBLE-FRONTAGE
An interior lot fronting on two streets.
LOT LINES
The lines bounding a lot, provided any street lines shall be considered lot lines for the purposes of this chapter.
LOT, WIDTH OF
The width of a lot measured at the minimum building restriction line.
MASSAGE PARLOR
An establishment where, for any form of consideration, massage, alcohol rub, fomentation, electric or magnetic treatment, or similar treatment or manipulation of the human body is administered, unless such treatment or manipulation is administered by a medical practitioner, chiropractor, acupuncturist, physical therapist, or similar professional person licensed by the State of Maryland. This definition does not include an athletic club, health club, school, gymnasium, reducing salon, spa, or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service.
MOTEL, HOTEL, or MOTOR HOTEL
A building in which lodging or boarding is provided for more than 15 persons, primarily transient, or with more than 10 guest rooms, offered to the general public at a daily rate. Ingress to and egress from all rooms is made through an inside lobby or office supervised by a person in charge at all hours. As such, it is open to the public, in contradistinction to a boarding-, rooming, or lodging house, or an apartment house, timeshare facilities or condominium units. A hotel may include restaurants, taverns, club rooms, public banquet halls, ballrooms, and meeting rooms.
PARKING SPACE
An unobstructed space or area other than a street or alley that is permanently reserved and maintained for the parking of one motor vehicle.
RESTAURANT
A. 
CLASS IIncludes fast-food restaurants. This is a type of restaurant, other than a bakery, bakeshop, candy, or ice cream store, which provides as a principal use the sale of foods and beverages in a ready-to-consume state, for consumption off of the premises. These restaurants may have sit-down seating and delivery service but may not provide dancing, live entertainment, the service of alcoholic beverages, or a bar. They may have some outdoor dining and drive-up services.
B. 
CLASS IIThis type of food service establishment has as a substantial portion of its business the carryout of foods for immediate consumption. These types of restaurants may not have bars, dancing, live entertainment, or drive-in, drive-through service windows. The service of alcoholic beverages shall be beer and wine only served on the premises with meals or sold prepackaged for off-premises consumption. The establishment does not provide more than 10 seats. Food items prepared for consumption generally are not prepackaged but are made to specific order. A limited number of prepackaged items may be sold but only as accessory to the principal use of service of food for immediate consumption. These restaurants also include restaurants that may be considered food service marts. A food service mart is an establishment whose principal purpose is the sale of food items for home consumption, either prepared on the premises or prepackaged. These types of restaurants may not have bars, dancing, live entertainment, or drive-in windows. The service of alcohol beverages shall be beer and wine only serviced on the premises with meals or sold prepackaged for off-premises consumption. No seating is provided on the premises.
C. 
CLASS IIIThis type of restaurant is an establishment whose principal business is the sale of food or beverages to the customer in a ready-to-consume state. Carryout goods may constitute no more than 10% of the business. This type of restaurant may include a bar, dancing, and live entertainment as regulated within the specific zoning districts. These restaurants do not have drive-up or drive-through services. Catering or delivery is permitted as an accessory use. Patrons are customarily provided with menus and are served their food or beverages by a restaurant employee at the same table or counter at which the food is consumed.
ROOMER, BOARDER or LODGER
A person occupying any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purposes, and paying compensation to an owner or operator for lodging or board and lodging by prearrangement for a week or more at a time. Any person occupying such room or rooms and paying such compensation without prearrangement or for less than a week at a time shall be classed for purposes of this chapter not as a roomer, boarder, or lodger, but as a guest of a commercial establishment (motel, hotel, tourist home).
ROOMING, BOARDING-, OR LODGING HOUSE
A building or part of a building (other than institutional building) occupied or intended to be occupied by three or more roomers, boarders, or lodgers.
STREET
A public or private way used or intended to be used for passage or travel by automotive vehicles. If private, such way must be used or intended to be used as the principal means of access to an abutting lot or lots or to more than two dwellings on a lot on which a private way is exclusively used.
STREET LINE
The dividing line between the street and the lot. The street line shall be the same as the legal right-of-way line, provided that where a future right-of-way width for a street has been officially established, the street line shall be the side of the future right-of-way so established.
STRUCTURE
A man- or machine-made combination of materials assembled, constructed, or erected at a fixed location, the use of which requires location on the ground or attachment to something having location on the ground. The word "structure" shall include any part thereof.
TOURIST HOME or SHORT-TERM RENTAL
A residential building, that is rented commercially in whole or in part, or a separate dwelling unit accessory to such a building that is rented commercially, in which paying guests are provided, with or without prearrangement, overnight accommodations on a short-term basis for commercial compensation, of a period of fewer than 30 days.
[Added 11-17-2022 by Ord. No. O-22-12]
TRAILER, MOBILE HOME, TRAVEL TRAILER, TRAILER CAMP
A. 
MOBILE HOMEAny vehicle or similar portable structure with any or all of the following characteristics:
(1) 
Manufactured as a relocatable dwelling unit intended for year-round occupancy and with no need for a permanent foundation, which can be moved upon the removal of tie-downs and surrounding decks and the reattachment of tow bar axles and wheels.
(2) 
Designed to be transported after manufacture on its own permanent chassis, with a fixed or removable tow bar, and can be moved without the use of regular house-moving equipment.
(3) 
Designed to be installed as a single-wide or double-wide unit with only incidental unpacking and assembling operations.
B. 
HABITABLE TRAVEL TRAILER (TRAILER)A vehicular, portable structure designed to be used as a temporary dwelling for travel, camping and recreational purposes. Such units shall not include mobile homes. Such units shall not be used as permanent dwellings.
USE, ACCESSORY
Use of a building, lot or portions thereof, which is customarily incidental and subordinate to the principal use of the main building or lot.
WALLS, FACING
Walls opposite to and parallel with one another and wall lines extended of opposite walls intersecting at angles of less than 65°.
YARD
A. 
FRONTThe required open space, the full width of the lot, extending from the street line to the nearest building on the lot, exclusive of overhanging eaves, gutters, or cornices.
B. 
SIDEThe required open space between a side lot line of a lot and the nearest point of the building and extending from the front yard to the rear yard.
C. 
REARThe required open space, the full width of the lot, extending from the rear property line of the lot to the nearest building on the lot, exclusive of overhanging eaves, gutters, or cornices.
[1]
Editor's Note: The former definition of "home occupation," which immediately followed this definition, was repealed 3-16-2023 by Ord. No. O-23-2.
The following words have the following meanings for purposes of implementing the Critical Area Program:
AFFORESTATION
The establishment of a tree crop on an area from which it has always or very long been absent, or the planting of open areas that are not presently in forest cover.
AGRICULTURAL EASEMENT
A nonpossessory interest in land, which restricts the conversion of use of the land, preventing nonagricultural uses.
AGRICULTURE
All methods of production and management of livestock, crops, vegetation, and soil. This includes, but is not limited to, the related activities of tillage, fertilization, pest control, harvesting, and marketing. It also includes, but is not limited to, the activities of feeding, housing, and maintaining animals such as cattle, dairy cows, sheep, goats, hogs, horses, and poultry and handling their by-products.
ANADROMOUS FISH
Fish that travel upstream (from their primary habitat in the ocean) to freshwater in order to spawn.
AQUACULTURE
A. 
The farming or culturing of finfish, shellfish, other aquatic plants or animals, or both, in lakes, streams, inlets, estuaries, and other natural or artificial water bodies or impoundments;
B. 
Activities including hatching, cultivating, planting, feeding, raising, and harvesting of aquatic plants and animals and the maintenance and construction of necessary equipment, buildings, and growing areas; and
C. 
Cultivation methods including, but not limited to, seed or larvae development and grow-out facilities, fish ponds, shellfish rafts, rack and longlines, seaweed floats and the culture of clams and oysters on tidelands and subtidal areas. For the purpose of this definition, related activities such as wholesale and retail sales, processing and product storage facilities are not considered aquacultural practices.
BARREN LAND
Unmanaged land having sparse vegetation.
BEST MANAGEMENT PRACTICES (BMPs)
Conservation practices or systems of practices and management measures that control soil loss and reduce water quality degradation caused by nutrients, animal waste, toxins and sediment. Agricultural BMPs include, but are not limited to, strip cropping, terracing, contour stripping, grass waterways, animal waste structures, ponds, minimal tillage, grass and naturally vegetated filter strips, and proper nutrient application measures.
BUFFER
An existing, naturally vegetated area or an area established in vegetation and managed to protect aquatic, wetlands, shoreline, and terrestrial environments from man-made disturbances.
[Amended 5-11-2005 by Ord. No. O-05-3]
BUFFER YARD
An area, at least 25 feet wide, located between development activity and the water (or edge of wetlands or streams), planted with vegetation consisting of native species and other appropriate plantings. This area shall be maintained primarily for the purposes of wildlife habitat and water quality and shall not be maintained in a manner that conflicts with these purposes such as by mowing or the application of herbicides.
CLEAR-CUTTING
The removal of the entire stand of trees in one cutting with tree reproduction obtained by natural seeding from adjacent stands or from trees that were cut, from advanced regeneration or stump sprouts, or from planting of seeds or seedlings by man.
CLUSTER DEVELOPMENT
A residential development in which dwelling units are concentrated in a selected area or selected areas of the development tract so as to provide natural habitat or other open space uses on the remainder.
COLONIAL WATER NESTING BIRDS
Examples are herons, egrets, terns, and glossy ibis. For the purposes of nesting, these birds congregate (that is "colonize") in relatively few areas, at which time the regional populations of these species are highly susceptible to local disturbances.
COMMERCIAL HARVESTING
A commercial operation that would alter the existing composition or profile, or both, of a forest, including all commercial cutting operations done by companies and private individuals for economic gain.
COMMISSION
The Chesapeake Bay Critical Area Commission.
COMMUNITY PIERS
Boat docking facilities associated with subdivisions or similar residential areas, and with condominium, apartment and other multiple-family dwelling units. Private piers are excluded from this definition.
COMPREHENSIVE PLAN; MASTER PLAN
A compilation of policy statements, goals, standards, maps and pertinent data relative to the past, present and future trends of the local jurisdiction, including, but not limited to, its population, housing, economics, social patterns, land uses, water resources and their use, transportation facilities and public facilities prepared by or for the planning board, agency or office.
CONSERVATION EASEMENT
A nonpossessory interest in land, which restricts the manner in which the land may be developed in an effort to reserve natural resources for future use.
COVER CROP
The establishment of a vegetative cover to protect soils from erosion and to restrict pollutants from entering the waterways. Cover crops can be dense, planted crops of grasses or legumes, or crop residues such as corn, wheat or soybean stubble which maximize infiltration and prevent runoff from reaching erosive velocities.
CRITICAL AREA
All lands and waters defined in § 8-1807 of the Natural Resources Article, Annotated Code of Maryland. They include:
A. 
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 Title 16 of the Environment Article, Annotated Code of Maryland;
B. 
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 Environment Article, Annotated Code of Maryland; and
C. 
Modification to these areas through inclusions or exclusions proposed by local jurisdictions and approved by the Commission as specified in § 8-1807 of the Natural Resources Article, Annotated Code of Maryland.
DENSITY
The number of dwelling units per acre within a defined and measurable area.
DEVELOPED WOODLANDS
Areas of one acre or more in size which predominantly contain trees and natural vegetation and which also include residential, commercial, or industrial structures and uses.
DEVELOPMENT ACTIVITIES
The construction or substantial alteration of residential, commercial, industrial, institutional or transportation facilities or structures. Development activities include, among other things, structures, roads, parking areas, and other impervious surfaces, mining and related facilities, clearing, grading and septic systems.
DOCUMENTED BREEDING BIRD AREAS
Forested areas where the occurrence of interior dwelling birds, during the breeding season, has been demonstrated as a result of on-site surveys using standard biological survey techniques.
ECOSYSTEM
A more or less self-contained biological community, together with the physical environment in which the community's organisms occur.
EXCESS STORMWATER RUNOFF
All increases in stormwater resulting from:
A. 
An increase in the imperviousness of the site, including additions to buildings, roads, and parking lots;
B. 
Changes in permeability caused by compaction during construction or modifications in contours, including the filling or drainage of small depression areas;
C. 
Alteration of drainageways, or regrading of slopes;
D. 
Destruction of forest; or
E. 
Installation of collection systems to intercept street flows or to replace swales or other drainageways.
FISHERIES ACTIVITIES
Commercial water-dependent fisheries facilities, including structures for the packing, processing, canning, or freezing of finfish, crustaceans, mollusks, and amphibians and reptiles and also including related activities such as wholesale and retail sales, product storage facilities, crab shedding, off-loading docks, shellfish culture operations, and shore-based facilities necessary for aquacultural operations.
FOREST
A biological community dominated by trees and other woody plants covering a land area of one acre or more. This also includes forests that have been cut, but not cleared.
FOREST INTERIOR DWELLING BIRDS
Species of birds that require relatively large forested tracts in order to breed successfully (for example, various species of flycatchers, warblers, vireos, and woodpeckers).
FOREST MANAGEMENT
The protection, manipulation, and utilization of the forest to provide multiple benefits, such as timber harvesting, water transpiration, wildlife habitat, etc.
FOREST PRACTICE
The alteration of the forest either through tree removal or replacement in order to improve the timber, wildlife, recreational, or water quality values.
GRANDFATHERED PARCEL/LOT
The status accorded certain properties and development activities that are of record prior to the date of adoption of the provisions of this chapter and the provisions of Chapter 245, Subdivision of Land, applicable only to the Critical Area.
HIGHLY ERODIBLE SOILS
Soils that have a slope greater than 15%; or those soils with a K value greater than 0.35 and with slopes greater than 5%.
HISTORIC WATERFOWL STAGING AND CONCENTRATION AREA
An area of open water and adjacent marshes where waterfowl gather during migration and throughout the winter season. These areas are "historic" in the sense that their location is common knowledge and because these areas have been used regularly during recent times.
HYDRIC SOILS
Soils that are wet frequently enough to periodically produce anaerobic conditions, thereby influencing the species composition or growth, or both, of plants on those soils.
HYDROPHYTIC VEGETATION
Those plants cited in Vascular Plant Species Occurring in Maryland Wetlands (Dawson, F. et al., 1985) which are described as growing in water or on a substrate that is at least periodically deficient in oxygen as a result of excessive water content (plants typically found in water habitats).
IMPERVIOUS SURFACES
Types of surfaces which shall be considered impervious in applying the requirements of this chapter shall include driveways and parking lots surfaced with asphalt, blue stone, bank-run gravel, concrete, dirt, oyster shell, pavers, "turf block" or similar materials; ponds, except for those used for stormwater management; sidewalk surfaces with brick and mortar, bricks on sand, concrete or similar materials; swimming pools; paved tennis courts; and buildings and other structures. Surfaces which are not considered impervious include decks and walkways with spaces between boards with six inches of gravel or vegetation underneath, gravel or wood chip walkways or similar types of surfaces.
K VALUE
The soil erodibility factor in the Universal Soil Loss Equation. It is a quantitative value that is experimentally determined.
LAND-BASED AQUACULTURE
The raising of fish or shellfish in any natural or man-made, enclosed or impounded, water body.
LAND CLEARING
Any activity that removes the vegetative ground cover.
LANDFORMS
Features of the earth's surface created by natural causes.
MARINA
Any facility for the mooring, berthing, storing, or securing of watercraft, but not including community piers and other noncommercial boat docking and storage facilities.
MEAN HIGH WATER LINE (MHWL)
The average level of high tides at a given location.
NATURAL FEATURES
Components and processes present in or produced by nature, including, but not limited to, soil types, geology, slopes, vegetation, surface water, drainage patterns, aquifers, recharge areas, climate, floodplains, aquatic life, and wildlife.
NATURAL FOREST VEGETATION
Vegetation consisting of canopy trees, understory trees, shrubs, and herbaceous plants that are typically found in riparian areas in Maryland. Areas of natural forest vegetation planted to meet the mitigation requirements in this chapter shall be designed to replicate the structure and species composition of natural forests.
NATURAL HERITAGE AREA
Any communities of plants or animals which are considered to be among the best statewide examples of their kind, and are designated by regulation by the Secretary of the Department of Natural Resources.
NATURAL VEGETATION
Plant communities that develop in the absence of human activities.
NATURE-DOMINATED
A condition where landforms or biological communities, or both, have developed by natural processes in the absence of human activities.
NEW DEVELOPMENT
A development activity that takes place on a property with predevelopment imperviousness of less than 15% as of December 1, 1985.
NON-POINT SOURCE POLLUTION
Pollution generated by diffuse land use activities rather than from an identifiable or discrete facility. It is conveyed to waterways through natural processes, such as rainfall, storm runoff, or groundwater seepage rather than by deliberate discharge. Non-point source pollution is not generally corrected by "end-of-pipe" treatment, but rather by changes in land management practices.
NONRENEWABLE RESOURCES
Resources that are not naturally regenerated or renewed.
NONTIDAL WETLANDS
An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as "hydrophytic vegetation." The determination of whether an area is a nontidal wetland shall be made in accordance with the publication known as the "Federal Manual for Identifying and Delineating Jurisdictional Wetlands," published in 1989 and as may be amended. Nontidal wetlands do not include tidal wetlands regulated under Title 16 of the Environment Article of the Annotated Code of Maryland.
OFFSETS
Structures or actions that compensate for undesirable impacts.
OPEN SPACE
Land and water areas retained in an essentially undeveloped state.
OVERBURDEN
The strata or material in its natural state, before its removal by surface mining, overlying a mineral deposit, or in between mineral deposits.
PALUSTRINE
All nontidal wetlands dominated by trees, shrubs, persistent emergent plants, or emergent mosses or lichens and all such wetlands that occur in tidal areas where the salinity due to ocean-derived salts is below 1/2 part per 1,000 parts of water.
PHYSIOGRAPHIC FEATURES
The soils, topography, land slope and aspect, and local climate that influence the form and species composition of plant communities.
PORT
A facility or area established or designated by the state or local jurisdictions for purposes of waterborne commerce.
PRINCIPAL STRUCTURE
For the purpose of establishing setbacks in Buffer Exemption Areas, it is the primary or predominant structure on any lot or parcel. For residential parcels or lots, the principal structure is the primary dwelling, excluding utilities and the septic system.
PRIVATE HARVESTING
The cutting and removal of trees for personal use.
PROJECT APPROVALS
The approval of development, other than development by the state or local government, in the Chesapeake Bay Critical Area by the appropriate local approval authority. The term includes approval of subdivision plats and site plans; inclusion of areas within floating zones; issuance of variances, special exceptions, and conditional use permits; and issuance of zoning permits. The term does not including building permits.
PUBLIC WATER-ORIENTED RECREATION
Shore-dependent recreation facilities or activities provided by public agencies which are available to the general public.
RECLAMATION
The reasonable rehabilitation of disturbed land for useful purposes, and the protection of the natural resources of adjacent areas, including water bodies.
REDEVELOPMENT
The process of developing land which is or has been developed. For purposes of implementing the Buffer Exemption Area provisions and compliance with the ten-percent pollutant reduction requirement, "redevelopment" means a development activity that takes place on a property with predevelopment imperviousness greater than 15% as of December 1, 1985.
REFORESTATION
The establishment of a forest through artificial reproduction or natural regeneration.
RENEWABLE RESOURCE
A resource that can renew or replace itself and, therefore, with proper management, can be harvested indefinitely.
RIPARIAN HABITAT
A habitat that is strongly influenced by water and which occurs adjacent to streams, shorelines, and wetlands.
SEASONALLY FLOODED WATER REGIME
A condition where surface water is present for extended periods, especially early in the growing season, and when surface water is absent, the water table is often near the land surface.
SELECTION
The removal of single, scattered, mature trees or other trees from uneven-aged stands by frequent and periodic cutting operations.
SHORE EROSION CONTROL MEASURES
Any of a number of structural and nonstructural methods or techniques for controlling the erosion of shoreline areas. More specifically, the term refers to:
A. 
NONSTRUCTURALCreation of an intertidal marsh fringe channelward of the existing bank by one of the following methods:
(1) 
VEGETATIONPlanting an existing shore with a wide band of vegetation;
(2) 
BANK SLOPING/VEGETATIONSloping and planting a nonwooded bank to manage tidal water contact, using structures to contain sloped materials if necessary; and
(3) 
CONTAINED BEACHFilling along shore with sandy materials, grading, and containing the new beach to eliminate tidal water contact with the bank.
B. 
STRUCTURAL REVETMENTFacing laid on a sloping shore to reduce wave energy and contain shore materials.
C. 
BULKHEADExcluded due to adverse impacts to the near-shore marine environment, except in the following special cases:
(1) 
Where erosion impact is severe and high bluffs and/or dense woodland preclude land access, bulkheads can be installed by shallow-draft barge and pile driver; and
(2) 
In narrow, man-made lagoons for activities that require frequent interchange between boats and land.
SIGNIFICANTLY ERODING AREAS
Areas that erode two feet or more per year.
SOIL CONSERVATION AND WATER QUALITY PLANS
Land use plans for farms that show farmers how to make the best possible use of their soil and water resources while protecting and conserving those resources for the future. It is a document containing a map and related plans that indicate:
A. 
How the landowner plans to treat a farm unit;
B. 
Which best management practices the landowners plans to install to treat undesirable conditions; and
C. 
The schedule for applying those best management practices.
SPECIES IN NEED OF CONSERVATION
Those fish and wildlife whose continued existence as part of the state's resources is in question and which may be designated by regulation by the Secretary of Natural Resources as in need of conservation pursuant to the requirements of Natural Resources Article, §§ 10-2A-06 and 4-2A-03, Annotated Code of Maryland.
SPOIL PILE
The overburden and reject materials as piled or deposited during surface mining.
STEEP SLOPES
Slopes of 15% or greater incline.
THINNING
A forest practice used to accelerate tree growth of quality trees in the shortest interval of time.
TOPOGRAPHY
The existing configuration of the earth's surface, including the relative relief, elevation, and position of land features.
TRANSITIONAL HABITAT
A plant community whose species are adapted to the diverse and varying environmental conditions that occur along the boundary that separates aquatic and terrestrial areas.
TRANSPORTATION FACILITIES
Anything that is built, installed, or established to provide a means of transport from one place to another.
TRIBUTARY STREAMS
Those perennial and intermittent streams in the Critical Area which are so noted on the most recent U.S. Geological Survey 7.5-minute topographic quadrangle maps (scale 1:24,000) or on more detailed maps or studies at the discretion of the local jurisdictions.
UTILITY TRANSMISSION FACILITIES
Fixed structures that convey or distribute resources, wastes, or both, including but not limited to electrical lines, water conduits and sewer lines.
WASH PLANT
A facility where sand and gravel are washed during processing.
WATER-BASED AQUACULTURE
The raising of fish and shellfish in any natural, open, free-flowing water body.
WATER-DEPENDENT FACILITIES
Structures or works associated with industrial, maritime, recreational, educational, or fisheries activities that require location at or near the shoreline within the Buffer.
WATER-USE INDUSTRY
An industry that requires location near the shoreline because it utilizes surface waters for cooling or other internal purposes.
WATERFOWL
Birds which frequent and often swim in water, nest and raise their young near water, and derive at least part of their food from aquatic plants and animals.
WILDLIFE CORRIDOR
A strip of land having vegetation that provides habitat and safe passage for wildlife.