As used in this part:

1. (1)

   1. (A) “Best management practices” means practices for the construction and maintenance of unpaved roads that are broadly accepted by road engineers and maintenance professionals as the most effective approaches to managing unpaved roads that minimize sediment impacts to adjacent water bodies and aquatic habitats.
   2. (B) Best management practices include the Environmentally Sensitive Road Maintenance Practices for Dirt and Gravel Roads guidance issued by the United States Forest Service;
2. (2) “Department” means the Department of Agriculture; and

3. (3)

   1. (A) “Unpaved road” means a surface of natural material or crushed aggregate that has not been incorporated into a bound layer using:

      1. (i) Asphalt;
      2. (ii) Oil; or
      3. (iii) Other such binder.
   2. (B) Roads with driving surface aggregate shall be considered unpaved for purposes of the program.