For the purposes of this chapter, the term:

(1) "Critical aquifer recharge areas" means areas with a critical recharging effect on aquifers, including areas where an aquifer that is a source of drinking water is vulnerable to contamination that would affect the potability of water or is susceptible to reduced recharge.

(2) "Critical areas" include the following areas and ecosystems:

(A) Areas containing species of local importance;

(B) Critical aquifer recharge areas;

(C) Fish and wildlife habitat conservation areas;

(D) Frequently-flooded areas; and

(E) Wetlands.

(3)(A) "District waters" means flowing and still bodies of water in the District, whether artificial or natural, whether underground or on land.

(B) "District waters" shall not include:

(i) Water on private property that is prevented from reaching underground or land watercourses; and

(ii) Water in closed collection or distribution systems.

(4) "Fish and wildlife habitat conservation areas" means areas that serve a critical role in sustaining needed habitats and species for the functional integrity of the ecosystem and which, if altered, may reduce the likelihood that species will persist over the long term.

(5) "Frequently-flooded areas" means lands either in the floodplain subject to a 1% or greater chance of flooding in any given year or within areas subject to flooding due to high groundwater.

(6) "Invasive plant" means a terrestrial or aquatic plant species that:

(A) Is not indigenous to the District or District waters; and

(B) If introduced or allowed to spread within the District, will cause or is likely to cause economic harm, ecological harm, environmental harm, or harm to human health.

(7) "Living shoreline project" means shoreline protection measures that use non-structural stabilization practices to control shore erosion by trapping sediment, filtering pollution, and providing important aquatic and terrestrial habitat.

(8) "Natural resources" means the land, air, water, minerals, flora, and fauna in the District and District waters.

(9) "Nonindigenous nuisance species" means a terrestrial or aquatic animal species that does not naturally occur in the District and whose presence in the District or in District waters poses or is likely to pose a significant threat of harm to:

(A) The diversity or abundance of any species indigenous to the District or District waters;

(B) The ecological stability of District lands or District waters; or

(C) The commercial, industrial, public, recreational, aquacultural, or other beneficial uses of the District or District waters.

(10) "Person" means any individual, partnership, corporation (including a government corporation), trust association, firm, joint stock company, organization, commission, the District or federal government, or any other entity.

(11) "Shoreline protection measures" means coastal engineering activities that reduce the risk of flooding, erosion, or inundation of land and structures.

(12) "Species of local importance" means those plant and animal species that are:

(A) Of concern in the District due to their population status, emerging threats to their population status, or their sensitivity to habitat alteration; or

(B) Game species.

(13) "Wetlands" means a marsh, swamp, or other area that is:

(A) Periodically inundated by tides or having saturated soil conditions for prolonged periods of time; and

(B) Capable of supporting aquatic vegetation.

(May 19, 2017, D.C. Law 21-282, § 201, 64 DCR 2055.)

Section 601 of D.C. Law 21-282 provides that nothing in this act shall be construed to affect an action or proceeding commenced before May 19, 2017.