Ch. 536

LAWS OF MARYLAND

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.

(2) "NONTIDAL WETLANDS" INCLUDE FRESHWATER WOODLANDS,
SWAMPS, MARSHES, DOGS, AND OTHER AREAS THAT SUPPORT PLANTS
ADAPTED TO WET SOIL CONDITIONS.

(2) 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.

(3)   "NONTIDAL WETLANDS" DO NOT INCLUDE TIDAL WETLANDS
REGULATED UNDER TITLE 9 OF THIS ARTICLE.

(H) (1) "REGULATED ACTIVITY" MEANS ANY OF THE FOLLOWING
ACTIVITIES IN A NONTIDAL WETLAND OR WITHIN A 25 FOOT BUFFER OF
THE NONTIDAL WETLAND:

(1) (I) THE REMOVAL, EXCAVATION, OR DREDGING OF SOIL,
SAND, GRAVEL, MINERALS, ORGANIC MATTER, OR MATERIALS OF ANY KIND;

(2) (II) THE CHANGING OF EXISTING DRAINAGE.
CHARACTERISTICS, SEDIMENTATION PATTERNS, FLOW PATTERNS, OR FLOOD
RETENTION CHARACTERISTICS;

(3) (III) THE DISTURBANCE OF THE WATER LEVEL OR WATER
TABLE BY DRAINAGE, IMPOUNDMENT, OR OTHER MEANS;

(4) (IV) THE DUMPING, DISCHARGING OF MATERIAL, OR
FILLING WITH MATERIAL, INCLUDING THE DRIVING OF PILES, AND
PLACING OF OBSTRUCTIONS, AND ERECTION OR REPAIR OF BUILDINGS OR
STRUCTURES OF ANY KIND;

(5) (V) THE GRADING OR REMOVAL OF MATERIAL THAT WOULD
ALTER EXISTING TOPOGRAPHY; AND

(6) (VI) THE DESTRUCTION OR REMOVAL OF PLANT LIFE
THAT WOULD ALTER THE CHARACTER OF A NONTIDAL WETLAND.

(2) "REGULATED ACTIVITY" DOES NOT INCLUDE AN
AGRICULTURAL ACTIVITY OR FORESTRY ACTIVITY AS DEFINED IN THIS
SUBTITLE.

(I) "SOIL CONSERVATION AND WATER QUALITY PLAN" MEANS A LAND
USE PLAN FOR A FARM THAT SHOWS A FARMER HOW TO MAKE BEST POSSIBLE
USE OF SOIL AND WATER RESOURCES WHILE PROTECTING AND CONSERVING
THOSE RESOURCES FOR THE FUTURE.

8-1202.

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