reglab/housing_qa huggingface dataset:
SC Code § 48-39-140 (2021)
2021 South Carolina Code of Laws|Title 48 - Environmental Protection and Conservation|Chapter 39 - Coastal Tidelands And Wetlands|Section 48-39-140. Submission of development plans; application for permits.

 (A) Any person who wishes may submit development plans to the department for preliminary review. If a permit is necessary, the department will make every effort to assist the applicant in expediting the permit application.  (B) Each application for a permit shall be filed with the department and shall include:  (1) Name and address of the applicant.  (2) A plan or drawing showing the applicant's proposal and the manner or method by which the proposal shall be accomplished.  (3) A plat of the area in which the proposed work will take place.  (4) A copy of the deed, lease or other instrument under which the applicant claims title, possession or permission from the owner of the property, to carry out the proposal.  (5) A list of all adjoining landowners and their addresses or a sworn affidavit that with due diligence such information is not ascertainable.  (C) The department within thirty days of receipt of an application for a permit shall notify, in writing, interested agencies, all adjoining landowners, local government units in which the land is located and other interested persons of the application and shall indicate the nature of the applicant's proposal. Public notice shall be given at least once by advertisement in state and local newspapers of general circulation in the area concerned. The department may hold a public hearing on applications which have any effect on a critical area if it deems a hearing necessary. The public hearing shall be held in the county where the land is located and if in more than one county the department shall determine in which county to hold the hearing or may hold hearings in both counties.  Provided, all interested agencies, all adjoining landowners, local government units and other interested persons shall have thirty days to file a written comment to such application after receipt of any such notice by the department.  HISTORY: 1977 Act No. 123, Section 14; 1993 Act No. 181, Section 1235.
SC Code § 48-39-145 (2021)
2021 South Carolina Code of Laws|Title 48 - Environmental Protection and Conservation|Chapter 39 - Coastal Tidelands And Wetlands|Section 48-39-145. Application fee for permit to alter critical area; special provision as to construction of marinas and commercial dock facilities.

 (A) The department may charge an administrative fee upon application for a permit for alteration of a critical area as defined in Section 48-39-10. Applications for permits which are noncommercial/nonindustrial in nature and provide personal benefits that have no connection with a commercial/industrial enterprise must pay an administrative fee of two hundred fifty dollars, unless the application is for a dock one hundred feet or less in length, in which case the fee must be one hundred and fifty dollars. Applications for amendments or modifications of permits that must be placed on public notice must be charged an administrative fee of one hundred dollars. The department may raise or lower the fee by regulation after complying with the requirements of the Administrative Procedures Act. A reasonable fee, determined by the department, must be charged for permit applications when the planned or ultimate purpose of the activity is commercial or industrial in nature.  (B) Permit applicants for construction of marina and commercial dock facilities pursuant to this section are not required to demonstrate a need for the facilities before consideration of the application.  (C) For permit applications to construct private recreational docks on the Atlantic Intracoastal Waterway Federal Navigation Project in a county where more than eighty percent of the Atlantic Intracoastal Waterway is outside of the critical area, the department shall defer to the United States Army Corps of Engineers in determining the total allowable dock square footage of the structure.  HISTORY: 1982 Act No. 466, Part II, Section 19; 1993 Act No. 181, Section 1235; 1994 Act No. 497, Part II, Section 116A; 2002 Act No. 248, Section 1; 2019 Act No. 29 (H.3699), Section 1, eff May 13, 2019.  Effect of Amendment  2019 Act No. 29, Section 1, added (C), authorizing the Department of Health and Environmental Control to defer to the United States Army Corps of Engineers in determining the size of a private recreational dock in certain circumstances.
SC Code § 48-39-160 (2021)
2021 South Carolina Code of Laws|Title 48 - Environmental Protection and Conservation|Chapter 39 - Coastal Tidelands And Wetlands|Section 48-39-160. Violations; jurisdiction of courts.

 The circuit court of the county in which the affected critical area or any part thereof lies shall have jurisdiction to restrain a violation of this chapter at the suit of the department, the Attorney General or any person adversely affected. In the event the affected critical area lies in more than one county, jurisdiction shall be in the circuit court of any county in which any part of the area lies. In the same action the circuit court having jurisdiction over the affected area may require such area to be restored to its original condition, if possible, and environmentally desirable. In the alternative, the department may complete the restoration at the expense of the person altering the area in which case suit for recovery of the amount so expended may be brought in any court having jurisdiction to restrain a violation. No bond shall be required as a condition of the granting of a temporary restraining order under this section, except that the court may in its discretion require that a reasonable bond be posted by any person requesting the court to restrain a violation of this chapter.  HISTORY: 1977 Act No. 123, Section 16; 1993 Act No. 181, Section 1235.
SC Code § 48-39-180 (2021)
2021 South Carolina Code of Laws|Title 48 - Environmental Protection and Conservation|Chapter 39 - Coastal Tidelands And Wetlands|Section 48-39-180. Judicial review of permit determinations.

 Any applicant whose permit application has been finally denied, revoked, suspended or approved subject to conditions of the department, or any person adversely affected by the permit, may obtain judicial review as provided in Chapter 23 of Title 1, or may file a petition in the circuit court having jurisdiction over the affected land for a review of the department's action "de novo" or to determine whether the department's action so restricts or otherwise affects the use of the property as to deprive the owner of its existing practical use and is an unreasonable exercise of the state's police power because the action constitutes the equivalent of taking without compensation. If the court finds the action to be an unreasonable exercise of the police power it shall enter a finding that the action shall not apply to the land of the plaintiff, or in the alternative, that the department shall pay reasonable compensation for the loss of use of the land. The use allowed by any permit issued under this chapter may, in the discretion of the court, be stayed pending decision on all appeals that may be taken. The court may in its discretion require that a reasonable bond be posted by any person.  HISTORY: 1977 Act No. 123, Section 18; 1993 Act No. 181, Section 1235; 2006 Act No. 387, Section 49.
SC Code § 48-39-190 (2021)
2021 South Carolina Code of Laws|Title 48 - Environmental Protection and Conservation|Chapter 39 - Coastal Tidelands And Wetlands|Section 48-39-190. Lands not affected by chapter.

 Nothing in this chapter shall affect the status of the title of the State or any person to any land below the mean highwater mark. The State shall in no way be liable for any damages as a result of the erection of permitted works.  HISTORY: 1977 Act No. 123, Section 19; 1993 Act No. 181, Section 1235.
SC Code § 48-39-210 (2021)
2021 South Carolina Code of Laws|Title 48 - Environmental Protection and Conservation|Chapter 39 - Coastal Tidelands And Wetlands|Section 48-39-210. Department only state agency authorized to permit or deny alterations or utilizations within critical areas.

 (A) The department is the only state agency with authority to permit or deny any alteration or utilization within the critical area except for the exemptions granted under Section 48-39-130(D) and the application for a permit must be acted upon within the time prescribed by this chapter.  (B) A critical area delineation for coastal waters or tidelands established by the department is valid only if the line is depicted on a survey performed by a professional surveyor, the line is reviewed by the department, the department validates the location of the boundaries of the coastal waters or tidelands critical area on the survey by affixing a stamp and date to the survey, and the survey contains clearly on its face in bold type the following statement: "The area shown on this plat is a representation of department permit authority on the subject property. Critical areas by their nature are dynamic and subject to change over time. By delineating the permit authority of the department, the department in no way waives its right to assert permit jurisdiction at any time in any critical area on the subject property, whether shown hereon or not."  (C) Notwithstanding any other provision of this chapter, a critical area line established pursuant to subsection (B) expires after five years from the department date on the survey described in subsection (B).  (D) Exceptions to subsection (C) are eroding coastal saltwater stream banks where it can be expected that the line will move due to the meandering of the stream before the expiration of the five year time limit and where manmade alterations change the critical area line.  HISTORY: 1977 Act No. 123, Section 21; 1993 Act No. 127, Section 1; 1993 Act No. 181, Section 1235; 2005 Act No. 105, Section 1.
SC Code § 48-39-220 (2021)
2021 South Carolina Code of Laws|Title 48 - Environmental Protection and Conservation|Chapter 39 - Coastal Tidelands And Wetlands|Section 48-39-220. Legal action to determine interest in tidelands.

 (A) Any person claiming an interest in tidelands which, for the purpose of this section, means all lands except beaches in the Coastal zone between the mean high-water mark and the mean low-water mark of navigable waters without regard to the degree of salinity of such waters, may institute an action against the State of South Carolina for the purpose of determining the existence of any right, title or interest of such person in and to such tidelands as against the State. Service of process shall be made upon the State Fiscal Accountability Authority.  (B) Any party may demand a trial by jury in any such action by serving upon the other party(s) a demand therefor in writing at any time after the commencement of the action and not later than ten (10) days after the service of the last pleading directed to such issue. Such demand may be endorsed upon a pleading of the party.  (C) Nothing contained in this chapter shall be construed to change the law of this State as it exists on July 1, 1977, relative to the right, title, or interest in and to such tidelands, except as set forth in this section.  (D) The Attorney General shall immediately notify the department upon receipt of any private suit made under this section, his response to that suit, and the final disposition of the suit. The department will publish all such notifications in the state register.  HISTORY: 1977 Act No. 123, Section 22; 1993 Act No. 181, Section 1235.  Code Commissioner's Note  At the direction of the Code Commissioner, references in this section to the offices of the former State Budget and Control Board, Office of the Governor, or other agencies, were changed to reflect the transfer of them to the Department of Administration or other entities, pursuant to the directive of the South Carolina Restructuring Act, 2014 Act No. 121, Section 5(D)(1), effective July 1, 2015.
SC Code § 48-39-260 (2021)
2021 South Carolina Code of Laws|Title 48 - Environmental Protection and Conservation|Chapter 39 - Coastal Tidelands And Wetlands|Section 48-39-260. Policy statement.

 In recognition of its stewardship responsibilities, the policy of South Carolina is to:  (1) protect, preserve, restore, and enhance the beach/dune system, the highest and best uses of which are declared to provide:  (a) protection of life and property by acting as a buffer from high tides, storm surge, hurricanes, and normal erosion;  (b) a source for the preservation of dry sand beaches which provide recreation and a major source of state and local business revenue;  (c) an environment which harbors natural beauty and enhances the well-being of the citizens of this State and its visitors;  (d) natural habitat for indigenous flora and fauna including endangered species;  (2) create a comprehensive, long-range beach management plan and require local comprehensive beach management plans for the protection, preservation, restoration, and enhancement of the beach/dune system. These plans must promote wise use of the state's beachfront;  (3) severely restrict the use of hard erosion control devices to armor the beach/dune system and to encourage the replacement of hard erosion control devices with soft technologies as approved by the department which will provide for the protection of the shoreline without long-term adverse effects;  (4) encourage the use of erosion-inhibiting techniques which do not adversely impact the long-term well-being of the beach/dune system;  (5) promote carefully planned nourishment as a means of beach preservation and restoration where economically feasible;  (6) preserve existing public access and promote the enhancement of public access to assure full enjoyment of the beach by all our citizens including the handicapped and encourage the purchase of lands adjacent to the Atlantic Ocean to enhance public access;  (7) involve local governments in long-range comprehensive planning and management of the beach/dune system in which they have a vested interest;  (8) establish procedures and guidelines for the emergency management of the beach/dune system following a significant storm event.  HISTORY: 1990 Act No. 607, Section 1; 1993 Act No. 181, Section 1235; 2018 Act No. 173 (H.4683), Section 6, eff May 3, 2018.  Editor's Note  2018 Act No. 173, Sections 1 and 8, provide as follows:  "SECTION 1. This act must be known and may be cited as the 'Beachfront Management Reform Act'."  "SECTION 8. The Department of Health and Environmental Control must promulgate regulations to implement the provisions of this act, including regulations that the department will use to locate a primary oceanfront sand dune as defined by Section 48-39-10, by January 14, 2020."  Effect of Amendment  2018 Act No. 173, Section 6, in (2), in the second sentence, deleted "to include a gradual retreat from the system over a forty-year period" following "state's beachfront".
SC Code § 48-39-285 (2021)
2021 South Carolina Code of Laws|Title 48 - Environmental Protection and Conservation|Chapter 39 - Coastal Tidelands And Wetlands|Section 48-39-285. Mandatory establishment cycle baseline and setback in effect until new lines established.

 For the repeal of this section, see Editor's Notes.  (A) Notwithstanding the provisions of Section 48-39-280, the department must initiate a new baseline cycle by no sooner than January 1, 2024. Until the department establishes a new baseline and setback line affecting a landowner as part of that establishment cycle, the baseline and setback line in effect for the landowner are the most seaward of the following, respectively:  (1)(a) the baseline established during the 2008 through 2012 establishment cycle; or  (b) the baseline proposed by the department on October 6, 2017; and  (2)(a) the setback line established during the 2008 through 2012 establishment cycle; or  (b) the setback line proposed by the department on October 6, 2017.  (B) Notwithstanding the provisions of subsection (A) and Section 48-39-280, if the department, pursuant to a review or an appeal initiated before January 1, 2018, revises the baseline proposed on October 6, 2017, to a location seaward of both the baseline established during the 2008 through 2012 establishment cycle and the baseline proposed on October 6, 2017, then both the revised proposed baseline and revised proposed setback line will be in effect for the landowner until the department establishes a new baseline and setback line.  HISTORY: 2018 Act No. 173 (H.4683), Section 10.A, eff May 3, 2018.  Editor's Note  2018 Act No. 173, Sections 1, 8, and 10.B, provide as follows:  "SECTION 1. This act must be known and may be cited as the 'Beachfront Management Reform Act'."  "SECTION 8. The Department of Health and Environmental Control must promulgate regulations to implement the provisions of this act, including regulations that the department will use to locate a primary oceanfront sand dune as defined by Section 48-39-10, by January 14, 2020."  "SECTION 10.B. The provisions contained in this SECTION are repealed upon completion of the establishment cycle initiated on or after January 1, 2024."
SC Code § 48-39-300 (2021)
2021 South Carolina Code of Laws|Title 48 - Environmental Protection and Conservation|Chapter 39 - Coastal Tidelands And Wetlands|Section 48-39-300. Local governments given authority to exempt certain erosion control structures from restrictions.

 A local governing body, if it notifies the department before July 1, 1990, may exempt from the provisions of Section 48-39-290, relating to reconstruction and removal of erosion control devices, the shorelines fronting the Atlantic Ocean under its jurisdiction where coastal erosion has been shown to be attributed to a federally authorized navigation project as documented by the findings of a Section 111 Study conducted under the authority of the Rivers and Harbors Act of 1968, as amended by the Water Resources Development Act of 1986 and approved by the United States Army Corps of Engineers. Erosion control devices exempt under this section must not be constructed seaward of their existing location, increased in dimension, or rebuilt out of materials different from that of the original structure.  HISTORY: 1988 Act No. 634, Section 3; 1990 Act No. 607, Section 3; 1993 Act No. 181, Section 1235.
SC Code § 48-39-305 (2021)
2021 South Carolina Code of Laws|Title 48 - Environmental Protection and Conservation|Chapter 39 - Coastal Tidelands And Wetlands|Section 48-39-305. Judicial determination of ownership and whether construction prohibition applies or requires compensation; burden of proof.

 (A) A person having a recorded interest or interest by operation of law in or having registered claim to land seaward of the baseline or setback line which is affected by the prohibition of construction or reconstruction may petition the circuit court to determine whether the petitioner is the owner of the land or has an interest in it. If he is adjudged the owner of the land or to have an interest in it, the court shall determine whether the prohibition so restricts the use of the property as to deprive the owner of the practical uses of it and is an unreasonable exercise of police power and constitutes a taking without compensation. The burden of proof is on the petitioner as to ownership, and the burden of proof is on the State to prove that the prohibition is not an unreasonable exercise of police power.  (B) The method provided in this section for the determination of the issue of whether the prohibition constitutes a taking without compensation is the exclusive judicial determination of the issue, and it must not be determined in another judicial proceeding. The court shall enter a judgment in accordance with the issues. If the judgment is in favor of the petitioner, the order must require the State either to issue the necessary permits for construction or reconstruction of a structure, order that the prohibition does not apply to the property, or provide reasonable compensation for the loss of the use of the land or the payment of costs and reasonable attorney's fees, or both. Either party may appeal the court's decision.  HISTORY: 1990 Act No. 607, Section 3; 1993 Act No. 181, Section 1235.  Editor's Note  Note: The Supreme Court, 1991 leading cases: Lucas v. South Carolina Coastal Council. 106 Harv L Rev 269 (Nov 1992).
SC Code § 48-39-310 (2021)
2021 South Carolina Code of Laws|Title 48 - Environmental Protection and Conservation|Chapter 39 - Coastal Tidelands And Wetlands|Section 48-39-310. Prohibition of destruction of any beach or dune vegetation seaward of setback line.

 The destruction of beach or dune vegetation seaward of the setback line is prohibited unless there is no feasible alternative. When there is destruction of vegetation permitted seaward of the setback line, mitigation, in the form of planting of new vegetation where possible, for the destruction is required as part of the permit conditions.  HISTORY: 1988 Act No. 634, Section 3; 1990 Act No. 607, Section 3; 1993 Act No. 181, Section 1235.
SC Code § 48-39-330 (2021)
2021 South Carolina Code of Laws|Title 48 - Environmental Protection and Conservation|Chapter 39 - Coastal Tidelands And Wetlands|Section 48-39-330. Disclosure statement.

 Thirty days after the initial adoption by the department of setback lines, a contract of sale or transfer of real property located in whole or in part seaward of the setback line or the jurisdictional line must contain a disclosure statement that the property is or may be affected by the setback line, baseline, and the seaward corners of all habitable structures referenced to the South Carolina State Plane Coordinate System (N.A.D.-1983) and include the local erosion rate most recently made available by the department for that particular standard zone or inlet zone as applicable. Language reasonably calculated to call attention to the existence of baselines, setback lines, jurisdiction lines, and the seaward corners of all habitable structures and the erosion rate complies with this section.  The provisions of this section are regulatory in nature and do not affect the legality of an instrument violating the provisions.  HISTORY: 1988 Act No. 634, Section 3; 1990 Act No. 607, Section 3; 1993 Act No. 181, Section 1235.
SC Code § 48-39-340 (2021)
2021 South Carolina Code of Laws|Title 48 - Environmental Protection and Conservation|Chapter 39 - Coastal Tidelands And Wetlands|Section 48-39-340. Distribution of funding.

 Funding for local governments to provide for beachfront management must be distributed in a fair and equitable manner. Consideration must be given to the size of the locality, the need for beach management in the area, the cost/benefits of expenditures in that area, and the best interest of the beach/dune system of the State as established by priority by the department.  HISTORY: 1988 Act No. 634, Section 3; 1990 Act No. 607, Section 3; 1993 Act No. 181, Section 1235.