§ 8-101. Definitions  


Latest version.



  •    (a) In general. -- In this title the following words have the meanings indicated.

    ** SPECIAL REVISOR'S NOTE
     
       As enacted by Ch. 426, Acts of 2012, this subsection formerly was Art. 66B, § 8.01(a)(1). However, Ch. 427, Acts of 2012, repealed and reenacted this subsection without amendment.

    ** SPECIAL REVISOR'S NOTE
     
       The only change was in style.

    (b) Appurtenance and environmental setting. -- "Appurtenance and environmental setting" includes:

       (1) paved or unpaved walkways and driveways;

       (2) trees;

       (3) landscaping;

       (4) pastures;

       (5) croplands;

       (6) waterways; and

       (7) rocks.

    ** REVISOR'S NOTE
     
       This subsection formerly was Art. 66B, § 8.01(a)(2).

    ** REVISOR'S NOTE
     
       The only change is in style.

    (c) Commission. -- "Commission" includes a historic district commission or a historic preservation commission.

    ** REVISOR'S NOTE
     
       This subsection is new language added to define the term "commission", which appears throughout this title, and to eliminate the need to refer to a historic district commission and a historic preservation commission in every instance.

    (d) Demolition. -- "Demolition" includes any willful neglect in the maintenance and repair of a structure, other than the appurtenance and environmental setting of the structure, that:

       (1) is not due to a financial inability to maintain and repair the structure; and

       (2) threatens to result in a substantial deterioration of the exterior features of the structure.

    ** REVISOR'S NOTE
     
       This subsection is new language derived without substantive change from former Art. 66B, § 8.01(a)(3).

    ** DEFINED TERM:
     
       "Appurtenance and environmental setting"                             § 8-101

    (e) District. -- "District" means a significant concentration, linkage, or continuity of sites, structures, or objects united historically or aesthetically by plan or development.

    ** REVISOR'S NOTE
     
       This subsection formerly was Art. 66B, § 8.01(a)(4).

    ** REVISOR'S NOTE
     
       The former reference to "physical" development is deleted as implicit in the reference to "development".

    ** REVISOR'S NOTE
     
       No other changes are made.

    ** DEFINED TERMS:
     
       "Development"                                                        § 1-101

    ** DEFINED TERMS:
     
       "Plan"                                                               § 1-101

    ** DEFINED TERMS:
     
       "Site"                                                               § 8-101

    ** DEFINED TERMS:
     
       "Structure"                                                          § 8-101

    (f) Person. -- "Person" includes a unit of local government.

    ** SPECIAL REVISOR'S NOTE
     
       Chapter 427, Acts of 2012, added this subsection.

    (g) Routine maintenance. -- "Routine maintenance" means work that:

       (1) does not alter the exterior fabric or features of a site or structure; and

       (2) has no material effect on the historical, archaeological, or architectural significance of the site or structure.

    ** SPECIAL REVISOR'S NOTE
     
       As enacted by Ch. 426, Acts of 2012, this subsection was subsection (f) of this section, formerly Art. 66B, § 8.01(a)(5). However, Ch. 427, Acts of 2012, added a new subsection (f) and renumbered the remaining subsections accordingly.

    ** SPECIAL REVISOR'S NOTE
     
       The only changes were in style.

    ** DEFINED TERMS:
     
       "Site"                                                               § 8-101

    ** DEFINED TERMS:
     
       "Structure"                                                          § 8-101

    (h) Site. -- "Site" means the location of:

       (1) an event of historic significance; or

       (2) a structure or ruin that possesses historic, archaeological, or cultural significance.

    ** SPECIAL REVISOR'S NOTE
     
       As enacted by Ch. 426, Acts of 2012, this subsection was subsection (g) of this section, new language derived without substantive change from former Art. 66B, § 8.01(a)(6). However, Ch. 427, Acts of 2012, added a new subsection (f) and renumbered the remaining subsections accordingly.

    ** DEFINED TERM:
     
       "Structure"                                                          § 8-101

    (i) Structure. --

       (1) "Structure" means a combination of material to form a construction that is stable.

       (2) "Structure" includes:

          (i) a building;

          (ii) a stadium;

          (iii) a reviewing stand;

          (iv) a platform;

          (v) staging;

          (vi) an observation tower;

          (vii) a radio tower;

          (viii) a water tank or tower;

          (ix) a trestle;

          (x) a bridge;

          (xi) a pier;

          (xii) paving;

          (xiii) a bulkhead;

          (xiv) a wharf;

          (xv) a shed;

          (xvi) a coal bin;

          (xvii) a shelter;

          (xviii) a fence;

          (xix) a display sign that is visible or intended to be visible from a public way; and

          (xx) a part of a structure.

    ** SPECIAL REVISOR'S NOTE
     
       As enacted by Ch. 426, Acts of 2012, this subsection was subsection (h) of this section, new language derived without substantive change from former Art. 66B, § 8.01(a)(7)(i), (ii), and (iv). However, Ch. 427, Acts of 2012, added a new subsection (f) and renumbered the remaining subsections accordingly.

    ** SPECIAL REVISOR'S NOTE
     
       The Land Use Article Review Committee noted, for consideration by the General Assembly, that the comprehensive definition of "structure" in paragraph (1) of this subsection was very broad and perhaps overly inclusive.


HISTORY: An. Code 1957, art. 66B, § 8.01(a)(1)-(6), (7)(i), (ii), (iv); 2012, ch. 426, § 2; ch. 427, § 1.