reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 39 - Coastal Tidelands And Wetlands › Section 48-39-70. Cooperation of other agencies and commissions; administration of oaths; subpoenas.

(A) All other state and local agencies and commissions shall cooperate with the department in the administration of enforcement of this chapter. All agencies currently exercising regulatory authority in the coastal zone shall administer such authority in accordance with the provisions of this chapter and rules and regulations promulgated thereunder.
(B) The department, in the discharge of its duties may administer oaths and affirmations, take depositions and issue subpoenas to compel the attendance of witnesses and the production of books, papers, correspondence, memoranda and other records deemed necessary in connection with the work of the department. The only exception shall be, that information considered proprietary by the applicant. If in the opinion of the department a proper decision cannot be rendered without the submission of such proprietary information, the department shall be empowered to execute an agreement on confidentiality with the applicant and such information shall not be made a part of the public record of current or future proceedings.
(C) In case the contumacy by any person or refusal to obey a subpoena issued to any person, any circuit court of this State or circuit judge thereof within the jurisdiction of which such person guilty of contumacy or refusal to obey is found, resides or transacts business, upon application by the department, may issue to such person an order requiring him to appear before the department to produce evidence if so ordered or give testimony touching the matter under investigation. Any failure to obey an order of the court may be punished as a contempt hereof. Subpoenas shall be issued in the name of the department and signed by the department director. Subpoenas shall be issued to such persons as the department may designate.
HISTORY: 1977 Act No. 123, Section 7; 1993 Act No. 181, Section 1235.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 39 - Coastal Tidelands And Wetlands › Section 48-39-85. "Adopt-a-Beach" program.

(A) In order to promote safe and clean litter-free beaches, the department shall develop a program to be known as "Adopt-A-Beach", whereby an industry or a private civic organization may adopt one mile, or other feasible distance, of South Carolina beach for the sole purpose of controlling litter along that section of beach.
(B) Included in the responsibilities of any industry or private civic organization which chooses to participate in the program shall be the following:
(1) development of a functional plan to influence and encourage the public to improve the appearance of the adopted section of beach;
(2) a general cleanup of the area at least twice a year; and
(3) assistance to the department in securing media coverage for the program.
HISTORY: 1992 Act No. 321, Section 1; 1993 Act No. 181, Section 1235.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 39 - Coastal Tidelands And Wetlands › Section 48-39-90. Public hearings on management plan.

(A) The department, on thirty days' notice, shall hold statewide public hearings on the proposed coastal zone management plan to obtain the views of all interested parties, particularly all interested citizens, agencies, local governments, regional organizations and port authorities.
(B) All department documents associated with such hearings shall be conveniently available to the public for review and study at least thirty days prior to a hearing. A report on each hearing shall be prepared and made available to the public within forty-five days of such hearing.
(C) After sufficient hearings and upon consideration of the views of interested parties the department shall propose a final management plan for the coastal zone to the Governor and the General Assembly.
(D) Upon review and approval of the proposed management plan by the Governor and General Assembly, the proposed plan shall become the final management plan for the State's coastal zone.
(E) Any change in or amendment to the final management plan shall be implemented by following the procedures established in subsections (A), (B), (C) and (D) of this section and upon the review and approval of the Governor and the General Assembly.
HISTORY: 1977 Act No. 123, Section 9; 1993 Act No. 181, Section 1235.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 39 - Coastal Tidelands And Wetlands › Section 48-39-100. Plan developed in cooperation with local governments.

(A) The management program specified in Section 48-39-90 shall be developed in complete cooperation with affected local governments in the coastal zone. This cooperation shall include, but not be limited to:
(1) Involvement of local governments or their designees in the management program.
(2) Provision of technical assistance and grants to aid local governments in carrying out their responsibilities under this chapter.
(3) Dissemination of improved informational data on coastal resources to local and regional governmental units.
(4) Recommendations to local and regional governmental units as to needed modifications or alterations in local ordinances that become apparent as a result of the generation of improved and more comprehensive information.
(B) Any city or county that is currently enforcing a zoning ordinance, subdivision regulation or building code, a part of which applies to critical areas, shall submit the elements of such ordinances and regulations applying to critical areas to the department for review. The department shall evaluate such ordinances and plans to determine that they meet the provisions of this chapter and rules and regulations promulgated hereunder. Upon determination and approval by the department, such ordinances and regulations shall be adopted by the department, followed by the department in meeting its permit responsibilities under this chapter and integrated into the Department's Coastal Management Program. Any change or modification in the elements of approved zoning ordinances, subdivision regulations or building codes applying to critical areas shall be disapproved by the department if it is not in compliance with the provisions of this chapter and rules and regulations promulgated hereunder.
(C) Any city or county that is not currently enforcing ordinances or regulations on the critical areas within its jurisdiction at its option may elect to develop a management program for such critical areas by notifying the department of its intent within one hundred and eighty days following the twenty-fourth day of May, 1977. Such proposed ordinances and regulations applying to critical areas shall be subject to the process specified in Section 48-39-100(B).
(D) Any county or city may delegate some or all of its responsibilities in developing a coastal management program for critical areas under its jurisdiction to the regional council of government of which it is a part, provided the county or city has notified the department in writing at least thirty days prior to the date on which such action is to be taken.
HISTORY: 1977 Act No. 123, Section 10; 1993 Act No. 181, Section 1235.
Editor's Note
Under the provisions of Chapter 34, Title 1, an agency is required to adopt the latest edition of a nationally recognized code which it is charged by statute or regulation with enforcing by giving notice in the State Register.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 39 - Coastal Tidelands And Wetlands › Section 48-39-110. Submission of plan by State Ports Authority.

The South Carolina State Ports Authority shall prepare and submit to the department a management plan for port and harbor facilities and navigation channels. Upon approval by the department of such management plan it shall become part of the comprehensive coastal management program developed by the department. The South Carolina State Ports Authority shall include in the management plan a designation of the geographical area appropriate for use by public and private port and harbor facilities and military and naval facilities and submit this to the department for approval.
HISTORY: 1977 Act No. 123, Section 11; 1993 Act No. 181, Section 1235.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 39 - Coastal Tidelands And Wetlands › Section 48-39-120. Development of beach erosion control policy; issuance of permits for erosion control structures; removal of structures; limitation on development of property.

(A) The department shall develop and institute a comprehensive beach erosion control policy that identifies critical erosion areas, evaluates the benefits and costs of erosion control structures funded by the State, considers the dynamic littoral and offshore drift systems, sand dunes and like items.
(B) The department for and on behalf of the State may issue permits for erosion control structures following the provisions of this section and Sections 48-39-140 and 48-39-150, on or upon the tidelands and coastal waters of this State as it may deem most advantageous. Provided, however, that no property rebuilt or accreted as a result of natural forces or as a result of a permitted structure shall exceed the original property line or boundary. Provided, further, that no person or governmental agency may develop ocean front property accreted by natural forces or as the result of permitted or nonpermitted structures beyond the mean high water mark as it existed at the time the ocean front property was initially developed or subdivided, and such property shall remain the property of the State held in trust for the people of the State.
(C) The department shall have the authority to remove all erosion control structures which have an adverse effect on the public interest.
(D) The department is authorized for and in behalf of the State to accept such federal monies for beach or shore erosion control in areas to which the public has full and complete access as are available and to sign all necessary agreements and to do and perform all necessary acts in connection therewith to effectuate the intent and purposes of such federal aid.
(E) If a beach or shore erosion emergency is declared by the department, the State, acting through the department, may spend whatever state funds are available to alleviate beach or shore erosion in areas to which the public has full and complete access, including any funds which may be specifically set aside for such purposes.
(F) The department, for and on behalf of the State, may issue permits not otherwise provided by state law, for erosion and water drainage structure in or upon the tidelands, submerged lands and waters of this State below the mean high-water mark as it may deem most advantageous to the State for the purpose of promoting the public health, safety and welfare, the protection of public and private property from beach and shore destruction and the continued use of tidelands, submerged lands and waters for public purposes.
HISTORY: 1977 Act No. 123, Section 12; 1993 Act No. 181, Section 1235.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 39 - Coastal Tidelands And Wetlands › Section 48-39-135. Protection of certain golf courses seaward of the baseline.

Golf courses seaward of the baseline that existed prior to the effective date of the regulations promulgated in 1991 pursuant to the Beachfront Management Act may be protected under emergency orders issued or approved by the department using the same methodology that is used to protect structures pursuant to emergency orders.
HISTORY: 2014 Act No. 147 (S.1031), Section 1, eff April 7, 2014.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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".
2023 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."
2023 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.
2023 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).
2023 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.
2023 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.
2023 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.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 39 - Coastal Tidelands And Wetlands › Section 48-39-345. Coastal Division to administer funds reimbursed to nonfederal project sponsors under local cooperative agreement with army corps of engineers for cost-shared beach renourishment project.

Any funds reimbursed to nonfederal project sponsors under the terms of a Local Cooperative Agreement (LCA) with the Army Corps of Engineers for a federally cost-shared beach renourishment project, where the reimbursement is for credit to the nonfederal sponsor for federally approved effort and expenditures toward the nonfederal project sponsor obligations detailed in the LCA and where the State has provided funding to the nonfederal sponsor to meet the financial cost-sharing responsibilities under the LCA, must be refunded by the nonfederal sponsor to the State with the State and the nonfederal sponsor sharing in this reimbursement in the same ratio as each contributed to the total nonfederal match specified in the LCA. The Coastal Division of the South Carolina Department of Health and Environmental Control shall administer these funds and make these funds available to other beach renourishment projects.
HISTORY: 1994 Act No. 497, Part II, Section 41.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 39 - Coastal Tidelands And Wetlands › Section 48-39-355. Documentation of authorized activity.

A permit is not required for an activity specifically authorized in this chapter. However, the department may require documentation before the activity begins from a person wishing to undertake an authorized construction or reconstruction activity. The documentation must provide that the construction or reconstruction is in compliance with the terms of the exemptions or exceptions provided in Sections 48-39-280 through 48-39-360.
HISTORY: 1990 Act No. 607, Section 3; 1993 Act No. 181, Section 1235.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 39 - Coastal Tidelands And Wetlands › Section 48-39-360. Application of chapter.

The provisions of Sections 48-39-250 through 48-39-355 do not apply to an area which is at least one-half mile inland from the mouth of an inlet.
HISTORY: 1988 Act No. 634, Section 3; 1990 Act No. 607, Section 3; 1993 Act No. 181, Section 1235.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 40 - Beach Restoration And Improvement Trust Act › Section 48-40-20. Definitions.

As used in this chapter:
(1) "Trust fund" means the South Carolina Beach Restoration and Improvement Trust Fund.
(2) "Office" means the Office of Ocean and Coastal Resource Management of the Department of Health and Environment Control.
(3) "Beach renourishment" means the artificial establishment and periodic renourishment of a beach with sand that is compatible with the existing beach in a way so as to create a dry sand beach at all stages of the tide, as described in Section 48-39-270, to include where considered appropriate and necessary by the office, groin construction and maintenance to extend the life of such projects.
HISTORY: 1999 Act No. 100, Part II, Section 8.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 40 - Beach Restoration And Improvement Trust Act › Section 48-40-30. South Carolina Beach Restoration and Improvement Fund established.

There is established the South Carolina Beach Restoration and Improvement Trust Fund for the purposes of:
(1) providing matching funds to qualifying municipal and county governments for the restoration of eroded public beaches and improvement and enhancement of public beach access;
(2) restoring beaches and protective sand dunes on an emergency basis after significant storm damage; and
(3) evaluating erosion rates and hazard areas annually for all state beaches.
HISTORY: 1999 Act No. 100, Part II, Section 8.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 40 - Beach Restoration And Improvement Trust Act › Section 48-40-40. Trust fund appropriation; carry-over and interest; administration.

(A) The trust fund must be funded by annual appropriations from general tax revenues. The appropriated monies must be credited to the trust fund account and maintained separately from the general fund and other funds.
The monies credited to the account may be retained and carried forward, along with all interest earned.
(B) The trust fund must be administered by the Office of Ocean and Coastal Resource Management of the Department of Health and Environmental Control pursuant to this chapter and its regulations governing application, review, ranking, and approval procedures for grants.
HISTORY: 1999 Act No. 100, Part II, Section 8.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 40 - Beach Restoration And Improvement Trust Act › Section 48-40-60. Emergency reserve fund; administration; purpose.

(A) The initial capitalization of the trust fund in fiscal year 1999-2000 must include an additional appropriation of an amount considered appropriate by the General Assembly from general tax revenues for credit to the trust fund and designated for use to establish an emergency reserve fund for emergency response by the State in rebuilding the beach and dune systems for qualifying public beach areas damaged by storm events.
(B) This emergency reserve fund must be administered by the office in consultation with the State Emergency Management Division and impacted municipal, county, and federal officials.
(C) Monies in the emergency reserve fund may be carried forward with earned interest. Upon the allocation and commitment of all available emergency reserve funds, the fund must be recapitalized through future appropriations as needed.
(D) State funds appropriated for credit to the emergency reserve fund and designated for emergency rebuilding of beach and dune systems damaged by storm events may be used only for that purpose.
(E) Funding of emergency projects pursuant to this section does not require matching funds from local entities.
HISTORY: 1999 Act No. 100, Part II, Section 8; 2002 Act No. 190, Section 8.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 40 - Beach Restoration And Improvement Trust Act › Section 48-40-70. Annual analysis of accumulated data from monitoring and evaluation of erosion rates; funding.

(A) The accumulated data from annual monitoring and evaluation of erosion rates and hazard areas for all beach areas as required of the office in Sections 48-39-280, 48-39-320, and 48-39-330 must be analyzed and used in the determination of priorities of need for storm damage reduction, property protection, recreational beach restoration, and public notification of erosion and hazardous conditions.
(B) The annual analysis must be funded by the trust fund, in an annual amount not to exceed two hundred fifty thousand dollars to provide for comprehensive beach profile monitoring of all beach areas to establish annual erosion rates and to identify sand loss or accretion.
(C) In seriously eroding areas or after storms, surveys must be conducted twice annually, or more frequently as needed.
(D) The monitoring data produced pursuant to this section must be made available to the public.
(E) The office and local governments must use the annual analysis to document beach restoration needs and for restoration project design.
HISTORY: 1999 Act No. 100, Part II, Section 8.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 43 - Oil And Gas Exploration, Drilling, Transportation, And Production › Section 48-43-20. Waste and pollution prohibited.

The waste of oil and gas and the pollution of the water, air or land is prohibited.
HISTORY: 1977 Act No. 179, Part 1, Section 2; 1993 Act No. 181, Section 1236.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 43 - Oil And Gas Exploration, Drilling, Transportation, And Production › Section 48-43-50. Authority to conduct hearings, summon witnesses, administer oaths, and issue subpoenas; effect of failure to comply.

(A) The board or an Administrative Law Judge shall have the power to conduct hearings, to summon witnesses, to administer oaths and to require the production of records, books and documents for examination at any hearing or investigation.
(B) Upon failure or refusal on the part of any person to comply with a subpoena issued by the board pursuant to this section, or upon the refusal of any witness to testify as to any matter regarding which he may be interrogated and which is pertinent to the hearing or investigation, any circuit court in the State, upon the application of the board, may issue an order to compel such person to comply with such subpoena, and to attend before the board and produce such records, books and documents for examination, and to give his testimony. Such court shall have the power to punish for contempt as in the case of disobedience to a like subpoena issued by the court, or for refusal to testify therein.
HISTORY: 1977 Act No. 179, Part 1, Section 12; 1993 Act No. 181, Section 1236.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 43 - Oil And Gas Exploration, Drilling, Transportation, And Production › Section 48-43-60. Appeals.

Any person, who is aggrieved and has a direct interest in the subject matter of any final order issued by the board, may appeal such order to the circuit court.
HISTORY: 1977 Act No. 179, Part 1, Section 18; 1993 Act No. 181, Section 1236.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 43 - Oil And Gas Exploration, Drilling, Transportation, And Production › Section 48-43-80. Chapter inapplicable if act is done pursuant to federal or state permit.

Nothing in this chapter shall be deemed to apply to the storage or transportation of liquefied petroleum gas or to industrial effluents discharged into the waters or atmosphere of the state pursuant to either a federal or state permit.
HISTORY: 1977 Act No. 179, Part 2, Section 34; 1993 Act No. 181, Section 1236.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 43 - Oil And Gas Exploration, Drilling, Transportation, And Production › Section 48-43-90. Construction of chapter with Federal Water Pollution Control Act.

This chapter shall be liberally construed to effect the purposes set forth herein and the Federal Water Pollution Control Act, as amended.
HISTORY: 1977 Act No. 179, Part 2, Section 35; 1993 Act No. 181, Section 1236.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 43 - Oil And Gas Exploration, Drilling, Transportation, And Production › Section 48-43-100. Approval of rules and regulations by General Assembly.

All rules and regulations adopted by the Department of Health and Environmental Control, as provided for in this chapter, must be approved by the General Assembly before they shall be effective; provided, however, no regulation approved by the General Assembly shall conflict, at the time of approval, with any requirement or be in excess of any statute, rule or regulation of the Federal Government or any department or agency thereof.
HISTORY: 1977 Act No. 179, Part 2, Section 36; 1993 Act No. 181, Section 1236.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 43 - Oil And Gas Exploration, Drilling, Transportation, And Production › Section 48-43-310. Exploration permit required; disposition of funds collected.

The department shall require that all persons who explore for oil or gas within the jurisdiction of the State of South Carolina obtain an exploration permit from the department. The department may include in the permits such conditions and restrictions as the department deems to be desirable or necessary and may charge a reasonable fee for the issuance of the permit.
All monies collected by the department pursuant to this section shall be forwarded to the State Treasurer who shall place such monies in an account for the department and such monies shall be used by the department in carrying out its duties imposed by this chapter.
HISTORY: 1977 Act No. 179, Part 1, Section 4; 1993 Act No. 181, Section 1236.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 43 - Oil And Gas Exploration, Drilling, Transportation, And Production › Section 48-43-315. Application of article to geothermal resources.

All provisions of this article regulating the leasing for, exploration for, drilling for, transportation of, and production of oil and gas and their products apply to geothermal resources to the extent possible. The provisions of this article do not apply to wells drilled for water supply only.
HISTORY: 1984 Act No. 375, Section 3; 1993 Act No. 181, Section 1236.