CODE OF MARYLAND REGULATIONS
TITLE 08
DEPARTMENT OF NATURAL RESOURCES
SUBTITLE 15 YOUGHIOGHENY WILD RIVER CHAPTER 01 GENERAL REGULATIONS
.01 Purpose.A. The purpose of these regulations is to implement the intent of the Scenic and Wild Rivers Act for that portion of the Youghiogheny River which has been designated a wild river. These regulations are designed to regulate present and future use and development of the wild river and adjacent land areas to protect their primitive qualities and characteristics, to protect the water quality of the Youghiogheny River, and to fulfill vital conservation purposes by wise use of the resources within the scenic corridor of the Youghiogheny River. For this purpose, a scenic corridor and attendant zones are defined, within which only certain enumerated appropriate uses and developments consistent with wild river designation are permitted.
B. These regulations do not open any private lands located within the scenic corridor for use or access by the public without the consent of the landowner. Designation of the scenic corridor and its attendant zones serves only to establish definable areas within which certain types of development and use shall be controlled to maintain the river for its wild and scenic values in accordance with the Scenic and Wild River Act, Natural Resources Article, §8-409, Annotated Code of Maryland.
.02 Definitions.
A. In this subtitle, the following terms have the meanings indicated.
B. Terms defined.
- (1) "Accessory building" means a subordinate building, customarily or intended to be incidental to, and located on, the same lot occupied by a principal building and includes any privately owned garage, barn, greenhouse, or other outbuilding.
(2) Activity.
- (a) "Activity" means any human endeavor which takes place on land or water not in association with a building or structure.
(b) "Activity includes hunting, hiking, fishing, and other recreational endeavors.(3) "Agriculture" means:
- (a) Cultivation of the soil;
(b) Raising and harvesting of products of the soil, including forest products;
(c) Customary soil and water conservation practices; and
(d) Raising and keeping of livestock and poultry.(4) "Building" means the combination of materials having a roof to form a structure for the shelter of individuals, animals, or property, including any part of it.
(5) "Building height" means the vertical measurement from the mean level of the ground abutting the building to the highest point of the building.
(6) "Commercial activity" means any activity undertaken for consideration whether or not a profit is made.
(7) "Department" means the Maryland Department of Natural Resources.
(8) "Development" means any physical structure, appurtenance, other addition, modification, or alteration constructed, placed, or made on or to land or water.
(9) "Guide service" means an activity which involves a person (the guide) leading or accompanying another person (the client) onto land or water for the purpose of showing the client where or how to undertake the activity such as, but not limited to, hunting, fishing, white water rafting, and nature appreciation.
(10) "Home professional office and home occupation" means an office or business conducted in a dwelling or in a accessory buildings, or in both, the activity being clearly incidental and secondary to the use of the premises for residential purposes and that primarily involves the employment of one or more residents of the dwelling.
(11) "Hunting and fishing preserves or private camps" includes camps with dormitory-type facilities that are centrally located but does not include camping facilities catering to vacation trailers, campers, similar vehicles, or individual campsites for rent or sale.
(12) "Land" means the solid part of the earth's surface including the natural vegetation on it.
(13) "Logging" means the cutting or harvesting of trees for the purpose of sale or commercial use of the resulting forest products.
(14) "Lot" means a parcel or plot of land used or set aside and available for use as the site for one or more buildings and building accessory to the principal building or for any other purpose, in one ownership.
(15) "Lot area" means the area contained within the property lines of a lot as indicated on the county land records, including the area within all easements, but excluding the area within all street rights-of-way.
(16) "Lot width" means the width of a lot between side lot lines, measured along the building setback line.
(17) "Natural vegetation" means all trees, shrubs, and other vegetation indigenous to the area with the exception of dead, diseased, insect infested, unsafe or fallen trees, and noxious weeds and shrubs.
(18) "Non-permitted activity, use, or development" means any use or development not permitted under these regulations.
(19) "On-premises sign" means a sign which directs attention to a person, business, profession, home occupation, or activity conducted on the same lot.
(20) "Person" includes the State, any county, municipal corporation, or other political subdivision of the State, any of their units, or an individual, receiver, trustee, guardian, executor, administrator, fiduciary, or representative of any kind, or any partnership, firm, association, public or private corporation, or any other legal entity.
(21) "Road" means any access-way normally passable by four-wheeled vehicles.
(22) "Scenic corridor" means the river's bottom and the water within the wild river, and the adjacent land areas which are visible from the wild river or its contiguous shores as graphically shown in Regulation .06 of this chapter.
(23) "Setback" means the distance from the near water's edge.
(24) Sign.
- (a) "Sign" means any permanent or temporary structure or part of one, or any device attached, painted, or represented directly or indirectly on a structure or other surface that displays or includes any letter, word, advertisement, announcement , visual communication, or direction, or is designed to attract the eye, or bring the subject to the attention of the public.
(b) "Sign" does not include:
- (i) The flag or insignia of the United States, of any state, or governmental unit;
(ii) A charitable or religious organization's flag;
(iii) Interior signs not visible from the wild river, from a public right-of-way, or from adjoining property; or
(iv) Cornerstones built into or attached to a wall or a building.(25) "Single-family detached dwelling" means a building commonly known as a single-family house, designed for and occupied exclusively as a residence, having one dwelling unit from ground to roof and open space on all sides. If a private garage is structurally attached to the dwelling, it shall be considered a part of the dwelling.
(26) Structure.
- (a) "Structure" means a combination of materials placed, assembled, constructed or erected at a fixed location for occupancy or use.
(b) "Structure" includes but is not limited to:
- (i) Buildings;
(ii) Radio and television transmitting and receiving towers and antenna; and
(iii) Devices used for electric power production and transmission.(27) "Trail" means any access-way intended for travel primarily by foot or bicycle.
(28) "Use" means any occupation, business, or operation whether commercial or not carried on, or intended to be carried on, in a building or other structure or on a lot or tract of land in association with a building or other structure.
(29) "Water's edge" means the mean high waterline of the near shore of the wild river.
(30) Wild River.
- (a) "Wild river" means that segment of the Youghiogheny River between Miller's Run and the southern corporate limits of Friendsville as designated in the Scenic and wild Rivers Act, Natural Resources Article, §8-408(a), Annotated Code of Maryland.
(b) "Wild river" includes the water and the river bottom..03 River Designation.
A. In accordance with the Scenic and wild Rivers Act, Natural Resources Article §8-408(a), Annotated Code of Maryland, the wild river is that segment of the Youghiogheny River between Miller's Run and the southern corporate limits of Friendsville.
B. The scenic corridor of the wild river includes the wild river and its bottom and those adjacent land areas which are visible from the river or its contiguous shores as graphically shown in Regulation .06 of this chapter.
.04 Zones.
A. For the purpose of this subtitle, three types of zones are established within the scenic corridors follows:
- (1) Zone 1 includes:
(2) Zone 2 includes those areas within the scenic corridor which are accessible in places by roads and trails and where shorelines and adjoining lands are less primitive than Zone 1 but are largely undeveloped; and
- (a) Those areas within the scenic corridor of maximum remoteness and ruggedness which are generally inaccessible by road or trail and where shoreline and adjoining lands of the wild river are essentially primitive in character, and
(b) The river and its bottom:
(3) Zone 3 includes those areas within the scenic corridor that are readily accessible by road and where the shorelines and adjoining lands have limited development.B. Zones 1, 2, and 3 are graphically shown in Regulation .06B--M of this chapter.
.05 Penalties.
A person who violates any provision of this subtitle is subject to the penalties and fines of Natural Resources Article, §8-2001, Annotated Code of Maryland.
.06 Maps.
A. Project Boundary Map.
B. Map 1.
C. Map 2.
D. Map 3.
E. Map 4.
F. Map 5.
G. Map 5A.
H. Map 6.
I. Map 7.
J. Map 7A.
K. Map 8
L. Map 9.
M. Map 10.
Maryland Department of Natural Resources
State Forest and Park Service
Deep Creek Lake Recreation Area
898 State Park Road
Swanton, MD 21561
301-387-4111