WILLIAM DONALD SCHAEFER, Governor Ch. 794

(g) "Landward boundary of wetlands" means the common
boundary between wetlands as defined in this section and lands
not included within the definitions of wetlands appearing in this
section.

(H) (1) "PIER" MEANS ANY PIER, WHARF, DOCK, WALKWAY,
BULKHEAD, BREAKWATER, PILES, OR OTHER SIMILIAR SIMILAR STRUCTURE
THAT IS CONSTRUCTED ON PILINGS IN ORDER TO:

(1) PERMIT THE UNOBSTRUCTED FLOW OF THE TIDE; AND

(2) PRESERVE THE NATURAL CONTOUR OF THE LAND.

(2) "PIER" DOES NOT INCLUDE ANY STRUCTURE ON PILINGS
OR STILTS THAT WAS ORIGINALLY CONSTRUCTED BEYOND THE LANDWARD
BOUNDARIES OF STATE OR PRIVATE WETLANDS.

[(h)] (I) "Person" means any natural person, partnership,
joint-stock company, unincorporated association or society, the
State, any unit of the State, a political subdivision, or other
corporation of any type.

[(i)] (J) "Private wetlands" means any land not considered
"State wetland" bordering on or lying beneath tidal waters, which
is subject to regular or periodic tidal action and supports
aquatic growth. This includes wetlands, transferred by the State
by a valid grant, lease, patent, or grant confirmed by Article 5
of the Declaration of Rights of the Constitution, to the extent
of the interest transferred.

[(j)] (K) "Public notice" means the notice that the
Department publishes in a newspaper serving the local subdivision
affected and in the Maryland Register concerning an application
to dredge or fill State or private wetlands. The notice shall
include a description of the proposed dredging or filling and its
location and shall advise the public of the opportunity to submit
written comments or to request a hearing on the application.

[(k)] (L) "Regular or periodic tidal action" means the rise
and fall of the sea produced by the attraction of the sun and
moon uninfluenced by wind or any other circumstance.

[(l)] (M) "Secretary" means the Secretary of Natural
Resources.

[(m)] (N) "State wetlands" means any land under the
navigable waters of the State below the mean high tide, affected
by the regular rise and fall of the tide. Wetlands of this
category which have been transferred by the State by valid grant,
lease, patent or grant confirmed by Article 5 of the Declaration
of Rights of the Constitution shall be considered "private
wetland" to the extent of the interest transferred.

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