§ 38 §480-B — Definitions

As used in this article, unless the context otherwise indicates, the following terms have the following meanings.
1.
Coastal sand dune systems.
"Coastal sand dune systems" means sand and gravel deposits within a marine beach system, including, but not limited to, beach berms, frontal dunes, dune ridges, back dunes and other sand and gravel areas deposited by wave or wind action. Coastal sand dune systems may extend into coastal wetlands.
1-A.
Community public water system.
"Community public water system" has the same meaning as "community water system" has in Title 22, section 2660‑B, subsection 2.
1-B.
Community public water system primary protection area.
"Community public water system primary protection area" means:
2.
Coastal wetlands.
"Coastal wetlands" means:
2-A.
Dredge spoils.
"Dredge spoils" means sand, silt, mud, gravel, rock or other sediment or material that is moved from coastal wetlands.
2-B.
Forest management activities.
"Forest management activities" means timber stand improvement, timber harvesting activities, forest products harvesting and regeneration of forest stands. For the purposes of this definition, "timber harvesting activities" means timber harvesting, the construction and maintenance of roads used primarily for timber harvesting, the mining of gravel used for the construction and maintenance of roads used primarily for timber harvesting and other activities conducted to facilitate timber harvesting. For the purposes of this definition, "timber harvesting" has the same meaning as in Title 12, section 8868, subsection 4.
2-C.
Forested wetland.
"Forested wetland" means a freshwater wetland dominated by woody vegetation that is 6 meters tall, or taller.
2-D.
Floodplain wetland.
"Floodplain wetland" means lands adjacent to a river, stream or brook that are inundated with floodwater during a 100-year flood event and that under normal circumstances support a prevalence of wetland vegetation typically adapted for life in saturated soils.
2-E.
Footprint.
"Footprint" means the outline of a structure on the ground, except that for a building "footprint" means the outline that would be created on the ground by extending the exterior walls of a building to the ground surface.
3.
Fragile mountain areas.
"Fragile mountain areas" means areas above 2,700 feet in elevation from mean sea level.
4.
Freshwater wetlands.
"Freshwater wetlands" means freshwater swamps, marshes, bogs and similar areas that are:
5.
Great ponds.
"Great ponds" means any inland bodies of water which in a natural state have a surface area in excess of 10 acres and any inland bodies of water artificially formed or increased which have a surface area in excess of 30 acres.
5-A.
Mooring.
"Mooring" means equipment, such as anchors, chains and lines, for holding fast a vessel, aircraft, floating dock or buoy.
5-B.
Impervious area.
"Impervious area" means an area that is a building, parking lot, roadway or similar constructed area. "Impervious area" does not mean a deck or patio.
5-C.
Motorized recreational gold prospecting.
"Motorized recreational gold prospecting" means the operation of small-scale, motorized equipment for the removal, separation, refinement and redeposition of sediments and other substrates occurring below the normal high-water mark of a stream for the noncommercial, recreational discovery and collecting of gold specimens. "Motorized recreational gold prospecting" includes, but is not limited to, the operation of a motorized suction dredge, sluice, pump, rocker box or winch, individually or together.
6.
Normal high water line.
"Normal high water line" means that line along the shore of a great pond, river, stream, brook or other nontidal body of water which is apparent from visible markings, changes in the character of soils due to prolonged action of the water or from changes in vegetation and which distinguishes between predominantly aquatic and predominantly terrestrial land. In the case of great ponds, all land below the normal high water line shall be considered the bottom of the great pond for the purposes of this article.
6-A.
Offshore wind power project.
"Offshore wind power project" means a project that uses a windmill or wind turbine to convert wind energy to electrical energy and is located in whole or in part within coastal wetlands. "Offshore wind power project" includes both generating facilities as defined by Title 35‑A, section 3451, subsection 5 and associated facilities as defined by Title 35‑A, section 3451, subsection 1, without regard to whether the electrical energy is for sale or use by a person other than the generator.
7.
Permanent structure.
"Permanent structure" means any structure that is designed to remain at or that is constructed or erected with a fixed location or that is attached to a structure with a fixed location for a period exceeding 7 months within any 12-month period, including, but not limited to, causeways, piers, docks, concrete slabs, piles, marinas, retaining walls and buildings.
8.
Protected natural resource.
"Protected natural resource" means coastal sand dune systems, coastal wetlands, significant wildlife habitat, fragile mountain areas, freshwater wetlands, community public water system primary protection areas, great ponds or rivers, streams or brooks, as these terms are defined in this article.
8-A.
Transportation reconstruction or replacement project.
"Transportation reconstruction or replacement project" means the improvement of an existing transportation facility to modern design standards without expanding its function or creating any additional roadways, facilities or structures. These projects are limited to:
9.
River, stream or brook.
"River, stream or brook" means a channel between defined banks. A channel is created by the action of surface water and has 2 or more of the following characteristics.
9-A.
Significant groundwater well.
"Significant groundwater well" is defined as follows.
10.
Significant wildlife habitat.
"Significant wildlife habitat" means:
11.
Working waterfront activity.
"Working waterfront activity" means an activity that qualifies a parcel of land as working waterfront land. "Working waterfront activity" includes commercial fishing activities; commercial boat building and repair; commercial hauling, launching, storage and berthing of boats; marine construction; marine freight and passenger transportation; and other similar commercial activities that are dependent on the waterfront. As used in this subsection, "commercial fishing activities" has the same meaning as in Title 36, section 1132, subsection 3.
12.
Working waterfront land.
"Working waterfront land" means a parcel of land, or a portion thereof, abutting water to the head of tide, land located in the intertidal zone or submerged land that is used primarily or predominantly to provide access to or support the conduct of a working waterfront activity.

Legislative History

PL 1987, c. 809, §2 (NEW). PL 1989, c. 430, §3 (AMD). PL 1989, c. 656, §2 (AMD). PL 1989, c. 814, §1 (AMD). PL 1989, c. 838, §3 (AMD). PL 1991, c. 214, §1 (AMD). PL 1991, c. 693, §1 (AMD). PL 1993, c. 187, §1 (AMD). PL 1993, c. 296, §1 (AMD). PL 1995, c. 92, §2 (AMD). PL 1995, c. 406, §13 (AMD). PL 1995, c. 460, §§1-3 (AMD). PL 1995, c. 460, §12 (AFF). PL 1995, c. 625, §A51 (AMD). PL 1997, c. 603, §1 (AMD). PL 1999, c. 243, §11 (AMD). PL 1999, c. 401, §BB17 (AMD). PL 2001, c. 618, §1 (AMD). PL 2005, c. 116, §§1, 2 (AMD). PL 2005, c. 330, §13 (AMD). RR 2007, c. 1, §20 (COR). PL 2007, c. 290, §2 (AMD). PL 2007, c. 353, §§6-8 (AMD). PL 2007, c. 399, §10 (AMD). PL 2009, c. 295, §1 (AMD). PL 2009, c. 561, §37 (AMD). PL 2009, c. 615, Pt. E, §6 (AMD). PL 2011, c. 64, §§1, 2 (AMD). PL 2011, c. 538, §8 (AMD). PL 2011, c. 599, §11 (AMD). PL 2011, c. 682, §38 (REV). PL 2013, c. 231, §3 (AMD). PL 2013, c. 536, §1 (AMD). PL 2021, c. 30, §8 (AMD). PL 2023, c. 156, §§1, 2 (AMD). PL 2025, c. 128, §2 (AMD).