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Session Laws, 1989
Volume 771, Page 3303   View pdf image
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WILLIAM DONALD SCHAEFER, Governor Ch. 536

wetlands in coordination with related State and federal
regulatory programs; now, therefore,; and

WHEREAS, It is also the intent of this legislation that the
nontidal wetlands program be administered so as to protect
nontidal wetlands and, at the same time, avoid unnecessary delay
and paperwork and provide clear guidance to the regulated
community and the public of the responsibilities under this
program; now, therefore,

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Natural Resources

SUBTITLE 12. NONTIDAL WETLANDS

8-1201.

(A)  IN THIS SUBTITLE, THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.

(B)   "AGRICULTURAL ACTIVITY" MEANS AQUACULTURE AND
TRADITIONAL FARMING ACTIVITIES INCLUDING PLOWING, TILLAGE,
CROPPING, SEEDING, CULTIVATING, AND HARVESTING FOR THE PRODUCTION
OF FOOD AND FIBER PRODUCTS, AND THE GRAZING OF LIVESTOCK.

(C)   "BEST MANAGEMENT PRACTICES" MEANS CONSERVATION
PRACTICES OR SYSTEMS OF PRACTICES AND MANAGEMENT MEASURES THAT:

(1)  CONTROL SOIL LOSS AND REDUCE WATER QUALITY
DEGRADATION CAUSED BY NUTRIENTS, ANIMAL WASTE, TOXICS, AND
SEDIMENT; AND

(2)  MINIMIZE CHANGES ADVERSE IMPACTS TO THE SURFACE
WATER AND GROUNDWATER FLOW AND CIRCULATION PATTERNS, AND TO THE
CHEMICAL, PHYSICAL, AND BIOLOGICAL CHARACTERISTICS OF A NONTIDAL
WETLAND.

(D)  "DEPARTMENT" MEANS THE DEPARTMENT OF NATURAL RESOURCES.

(E)   "FORESTRY ACTIVITY" MEANS PLANTING, CULTIVATING,
THINNING, HARVESTING, OR ANY OTHER ACTIVITY UNDERTAKEN TO USE
FOREST RESOURCES OR TO IMPROVE THEIR QUALITY OR PRODUCTIVITY.

(F)   "ISOLATED NONTIDAL WETLAND" MEANS A NONTIDAL WETLAND
THAT IS NOT WITHIN OR CONNECTED TO A 100 YEAR FLOODPLAIN
HYDROLOGICALLY CONNECTED, THROUGH SURFACE OR SUBSURFACE FLOW, TO
STREAMS, TIDAL OR NONTIDAL WETLANDS, OR TIDAL WATERS.

(G)  (1) "NONTIDAL WETLAND" MEANS AN AREA THAT IS INUNDATED
OR SATURATED BY SURFACE WATER OR GROUNDWATER AT A FREQUENCY AND

- 3303 -

 

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Session Laws, 1989
Volume 771, Page 3303   View pdf image
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