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<regulation prefix="Regulation" num=".02" citation="COMAR 15.01.05.02" title_num="15" subtitle_num="01" chapter_num="05" heading="Definitions.">
  <paragraph num="A.">
    <text>In this chapter, the following terms have the meanings indicated.</text>
  </paragraph>
  <paragraph num="B.">
    <text>Terms Defined.</text>
    <paragraph num="(1)">
      <text>“Best management practice” means a conservation or pollution control practice that manages soil loss due to farming practices or manages animal wastes or agricultural chemicals so as to minimize movement into the surface waters of the State.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>“County Soil Survey” means a report developed by the United States Department of Agriculture, Natural Resource Conservation Service, for each county which identifies soil types.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>“Critical condition” means a condition on land where there is or there may be a high potential for the movement of pollutants from nutrients, sediment, animal wastes, or agricultural chemicals into the waters of the State.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>“Department” means the Maryland Department of Agriculture.</text>
    </paragraph>
    <paragraph num="(5)">
      <text>“District” means a soil conservation district.</text>
    </paragraph>
    <paragraph num="(6)">
      <text>“Eligible cost” means a capital expenditure for installing, purchasing, or constructing a best management practice or fixed natural filter practice, including, but not limited to, the cost of pollution control equipment, animal waste facilities, water control structures, diversion facilities, sediment basins or grade stabilization structures, establishing permanent vegetative cover, or a contour, strip-cropping, terrace, or conservation tillage system of farming. It does not include the cost of land or interests in land, or the costs of operating or maintaining best management practices.</text>
    </paragraph>
    <paragraph num="(7)">
      <text>“Fixed natural filter practice” means one of the following practices:</text>
      <paragraph num="(a)">
        <text>The planting of riparian forest buffers;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The planting of riparian herbaceous cover;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Tree plantings that are:</text>
        <paragraph num="(i)">
          <text>On agricultural land; or</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Outside a riparian buffer;</text>
        </paragraph>
      </paragraph>
      <paragraph num="(d)">
        <text>Wetland restoration; or</text>
      </paragraph>
      <paragraph num="(e)">
        <text>Pasture management, including rotational grazing systems such as livestock fencing and watering systems implemented as part of the conversion of cropland to pasture.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(8)">
      <text>“Geographic area” means a watershed or major portion of a watershed which contains or has a high potential for containing priority areas.</text>
    </paragraph>
    <paragraph num="(9)">
      <text>“Improved conservation benefit” means an improvement in the condition of the soil, water, or other such natural resource of the State, and includes, among other beneficial effects, improved water quality, improved soil health, reduced soil loss, and restored wetlands.</text>
    </paragraph>
    <paragraph num="(10)">
      <text>“Natural resource concern” means the expected degradation of the soil, water, or other resource base to the extent that the sustainability or intended use of the resource is impaired, and includes, among other concerns, soil erosion, soil quality degradation, water quality degradation, and excess water.</text>
    </paragraph>
    <paragraph num="(11)">
      <text>“Nutrient management plan” means a plan prepared by a State-certified nutrient management consultant to manage the amount, placement, timing, and application of animal waste, fertilizer, biosolids, sewage sludge, or other plant nutrients in order to prevent pollution and to maintain the productivity of the soil. Requirements for plan content, recommendations, maintenance, updates, and record keeping are further defined under COMAR 15.20.08.</text>
    </paragraph>
    <paragraph num="(12)">
      <text>“Person” means an individual, partnership, corporation, trust, or other business enterprise which as an owner, landlord, or tenant, participates in the operation of a farm.</text>
    </paragraph>
    <paragraph num="(13)">
      <text>“Pooling agreement” means a written agreement between persons approved by the Secretary, to perform best management practices and which is intended to solve a mutual pollution problem on different farms.</text>
    </paragraph>
    <paragraph num="(14)">
      <text>“Priority area” means an area where a critical condition exists.</text>
    </paragraph>
    <paragraph num="(15)">
      <text>“Project” means a project to prevent or control agriculturally related nonpoint source water pollution by establishing best management practices on a farm.</text>
    </paragraph>
    <paragraph num="(16)">
      <text>“Secretary” means the Secretary of Agriculture or the Secretary’s designee.</text>
    </paragraph>
    <paragraph num="(17)">
      <text>“Waters of the State” means both surface and underground waters within the boundaries of the State subject to its jurisdiction, including that portion of the Atlantic Ocean within the boundaries of the State, the Chesapeake Bay and its tributaries, and all ponds, lakes, rivers, streams, public ditches, tax ditches, and public drainage systems within the State, other than those designed and used to collect, convey, or dispose of sanitary sewage.</text>
    </paragraph>
  </paragraph>
</regulation>