1330                                                  LAWS OF MARYLAND                             [Ch. 291

STATE AND NOT MORE THAN FIVE PERCENT OF THE LAND AREA OF

EACH COUNTY AS AREAS OF CRITICAL STATE CONCERN IN

ADDITION___TO THE WATERS OF THE STATE AS DEFINED IN THE

NATURAL RESOURCES ARTICLE OF THE CODE AND LAND OWNED__BY

THE STATE AND ANY LOCAL GOVERNMENT. FOR THE PURPOSES OF

THIS SECTION, THE LAND AREA OF EACH___COUNTY___WHICH__IS

SUBJECT TO__THE__FIVE PERCENT DESIGNATION IS AS FOLLOWS:

THE GROSS LAND AREA OF SUCH COUNTY LESS THE AREA INCLUDED

WITHIN THE WATERS OF THE STATE WITHIN SUCH COUNTY AS

DEFINED IN THE NATURAL RESOURCES ARTICLE OF THE CODE AND

LAND OWNED BY THE STATE AND LOCAL GOVERNMENT WITHIN SUCH

COUNTY. AN AREA OF CRITICAL STATE CONCERN IS AN AREA
WHERE ANY SUBSTANTIAL DEVELOPMENT WILL HAVE A STATE OR
REGIONAL ECONOMIC OR ENVIRONMENTAL IMPACT BECAUSE OF THE
NATURE OR LOCATION OF THE LAND UPON WHICH THE DEVELOPMENT
IS LOCATED, AND WHICH IS DESIGNATED AS SUCH BY THE BOARD.
THE FOLLOWING ARE AREAS THAT ARE ILLUSTRATIVE AND POSSESS
FACTORS AND CHARACTERISTICS WHICH SHALL BE CONSIDERED,
BUT NOT CONCLUSIVELY, IN MAKING A DESIGNATION AS TO AN
AREA:

(I)    THE WATERS IN THE STATE AND THE SHORELINES AND
COASTAL AREAS;

(II)   FLOOD PLAINS; THE AREAS EXPECTED TO BE COVERED
BY WATER, TIDAL OR NONTIDAL, DURING A FLOOD ON AN AVERAGE
OF ONCE EVERY ONE HUNDRED YEARS, OR WHICH HAS A ONE
PERCENT CHANCE OF BEING COVERED BY FLOOD WATER IN ANY
GIVEN YEAR WHEN THE WATERSHED HAS BEEN COMPLETELY
DEVELOPED;

(III)  [[FRESH WATER]] WETLANDS , AS DEFINED IN

SECTION__9-101__OF THE NATURAL RESOURCES ARTICLE; NOT TO

INCLUDE ANY FARM POND;

(IV)   PRODUCTIVE AGRICULTURAL LANDS;

(V)    AQUIFER RECHARGE AREAS; INTAKE AREAS FOR
SIGNIFICANT QUANTITIES OF WATER THAT WILL BE TRANSMITTED
THROUGH AQUIFERS, AS IDENTIFIED BY THE MARYLAND AND U.S.
GEOLOGICAL SURVEYS;

(VI)   WATER SUPPLY RESERVOIRS AND THEIR WATERSHEDS;
ALL WATER SUPPLY IMPOUNDMENTS GREATER THAN 50 ACRES AND
THEIR IMMEDIATE DRAINAGE BASIN, INCLUDING TRIBUTARIES;

(VII)  STEEP SLOPES AS DETERMINED BY THE NATURE OF
THE SOILS AND GEOLOGIC CONDITION;

(VIII) HISTORIC AREAS, MONUMENTS, STRUCTURES AND
SITES; THOSE SITES AND STRUCTURES THAT HAVE BEEN OR MAY
BE IDENTIFIED BY THE MARYLAND HISTORICAL TRUST AS BEING
OF SIGNIFICANT IMPORTANCE IN THEIR INVENTORY OF
HISTORICAL AREAS, MONUMENTS, SITES AND STRUCTURES;