1. A. In this chapter, the following terms have the meanings indicated.

2. B. Terms Defined.

   1. (1) The following terms have the meaning stated in Natural Resources Article, §3-1001, Annotated Code of Maryland:

      1. (a) “Coast Smart”;
      2. (b) “Coast Smart Council”;
      3. (c) “Design criteria”;
      4. (d) “Siting criteria”;
      5. (e) “Structure”; and
      6. (f) “Substantial damage”.
   2. (2) “Categorical Exemption” means an exemption from the strict application of the Coast Smart siting or design criteria for a class of projects, provided the project has been designed to include adaptation and resiliency features to prevent or mitigate damage to the maximum extent practicable.
   3. (3) “Coast Smart Map” means the map adopted by the Coast Smart Council delineating the boundary within which the Coast Smart Construction Program applies.

   4. (4) Coast Smart Construction Program.

      1. (a) “Coast Smart Construction Program” means the program that establishes Coast Smart siting and design criteria for the construction of new or reconstructed structures and new highway facilities within the boundary established by the Coast Smart Map.
      2. (b) “Coast Smart Construction Program” includes the Coast Smart Map and the Coast Smart Construction Program Document, adopted by the Coast Smart Council

   5. (5) Critical or Essential Facilities.

      1. (a) “Critical or essential facilities” means buildings and other structures that are intended to remain operational in the event of extreme environmental impacts from flood, wind, snow, or earthquakes.
      2. (b) “Critical and essential facilities” include hospitals, fire stations, police stations, storage of critical records, facilities that handle or store hazardous materials, drinking water and sewage treatment facilities, airports, transit and highway access and other essential transportation, and similar facilities.
   6. (6) “Emergency” has the meaning stated in Public Safety Article, §14-101, Annotated Code of Maryland.

   7. (7) “Historic structure” means a structure that is located in the State and:

      1. (a) Is listed in the National Register of Historic Places;
      2. (b) Is designated as a historic property under local law and determined by the Director of the Maryland Historical Trust to be eligible for listing on the National Register of Historic Places; or

      3. (c) Is:

         1. (i) Located in a historic district listed on the National Register of Historic Places or in a local historic district that the Director of the Maryland Historical Trust determines is eligible for listing on the National Register of Historic Places; and
         2. (ii) Certified by the Director of the Maryland Historical Trust as contributing to the significance of the district.

   8. (8) “Passive public access project” means a project that:

      1. (a) Provides either recreational or scenic access to water bodies or shoreline areas; and
      2. (b) Requires location within a flood zone for its purpose.
   9. (9) “Qualifying agency” means a unit of state or local government that funds, plans, designs, constructs, or oversees capital projects subject to the Coast Smart Construction Program.
   10. (10) “Temporary structure” means a structure intended to be in place for less than 180 consecutive days in any given calendar year.

   11. (11) “Water-dependent project” means a project that by reason of its intrinsic nature or operation is:

       1. (a) Dependent on the water;
       2. (b) Requires location at or near the water; and
       3. (c) Requires continued direct access to the water as an integral part of its use.

Authority: Natural Resources Article, §§3-1001, 3-1006, and 3-1009, Annotated Code of Maryland

Effective date: December 11, 2025 (52:24 Md. R. 1197)