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This entry was published on 2014-09-22
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SECTION 25-0103
Definitions
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 25, TITLE 1
§ 25-0103. Definitions.

1. "Tidal wetlands" shall mean and include the following:

(a) those areas which border on or lie beneath tidal waters, such as,
but not limited to, banks, bogs, salt marsh, swamps, meadows, flats or
other low lands subject to tidal action, including those areas now or
formerly connected to tidal waters;

(b) all banks, bogs, meadows, flats and tidal marsh subject to such
tides, and upon which grow or may grow some or any of the following:
salt hay (Spartina patens and Distichlis spicata), black grass (Juncus
Gerardi), saltworts (Salicornia ssp.), sea lavender (Limonium
carolinianum), tall cordgrass (Spartina pectinata and Spartina
cynosuroides), hightide bush (Iva frutescens), cattails (Typha
angustifolia and Typha latifolia), groundsel (Baccharis halmilifolia),
marsh mallow (Hybiscus palustris) and the intertidal zone including low
marsh cordgrass (Spartina alterniflora).

2. "Commissioner" shall mean the commissioner of environmental
conservation.

3. "Pollution" shall mean the presence in the environment of
conditions or contaminants in quantities or characteristics which are or
may be injurious to human, plant, or marine life, wildlife, or other
animal life, or to property, or which unreasonably interfere with the
comfortable enjoyment of life and property throughout such tidal
wetlands as may be affected thereby.

4. "Person" shall mean any individual, public or private corporation,
political subdivision, government agency, department or bureau of the
state, bi-state authority, municipality, industry, co-partnership,
association, firm, trust, estate or any other legal entity whatsoever.

5. "Municipality" shall mean a village, town, city or county.