PARRIS N. GLENDENING, Governor                             Ch. 488

(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
hydrologically connected, through surface or subsurface flow, to streams, tidal or nontidal
wetlands, or tidal waters.

(g)     "Mitigation banking" means wetland restoration, creation, or enhancement
undertaken expressly for the purpose of providing compensation credits for wetland
losses from future activities.

(h) (1) "Nontidal wetland" means 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.

(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.

(i) (1) "Regulated activity" means any of the following activities in a nontidal
wetland or within a 25 foot buffer of the nontidal wetland:

(i) The removal, excavation, or dredging of soil, sand, gravel,
minerals, organic matter, or materials of any kind;

(ii) The changing of existing drainage characteristics, sedimentation
patterns, flow patterns, or flood retention characteristics;

(iii) The disturbance of the water level or water table by drainage,
impoundment, or other means;

(iv) The dumping, discharging of material, or filling with material,
including the driving of piles and placing of obstructions;

(v) The grading or removal of material that would alter existing
topography; and

(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 section.

(j) "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.

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