South Carolina Code of Regulations › Chapter 19 - STATE BUDGET AND CONTROL BOARD › Article 4 - OFFICE OF GENERAL SERVICES › Section 19-450.4 - Permit Conditions

Current through Register Vol. 48, No. 6, June 28, 2024
A. Any
			 permit issued pursuant to these regulations is subject to the following
			 conditions as well as any specifically mentioned in the individual permit.
1. The authorization for activities or
			 structures granted by the permit shall constitute a revocable license to use
			 the lands and waters within the jurisdiction of the state. Permits for
			 activities which require continuous operation, such as marinas, will be issued
			 for a term of ten (10) years or for such longer period as the Department may
			 grant. These permits are renewable provided that there has been no material
			 adverse change in circumstances.
2.
			 The Department may require the permittee to modify or remove activities or
			 structures authorized herein if it is determined by the Department that such
			 modification or removal is consistent with the requirements of 450.9(A).
			 Modification or removal after the permit has been granted or refusal to renew a
			 permit shall be ordered only after reasonable notice stating the reasons
			 therefor and providing the permittee an opportunity to be heard.
3. All activities authorized by the permit
			 shall be consistent with and limited by the terms and conditions of the permit;
			 any unauthorized work or activity different from or inconsistent with the
			 permit may result in the modification, suspension, or revocation of the permit
			 in whole or in part, and the institution of such legal proceeding as the State
			 of South Carolina may consider appropriate.
4. The construction authorized by this permit
			 must be completed within three years of the date of issuance or such other time
			 as the Department may set for good cause shown. Extensions of time may be
			 granted provided that the requests are submitted to the Department in writing
			 prior to the expiration of the original time period, state whether there has
			 been any change in the circumstances since the permit was approved and the
			 reason for the extension of time.
5. No permit shall convey nor be interpreted
			 as conveying expressly or implicitly, any property right in the land or water
			 in which the permitted activity is located. No permit shall be construed or
			 interpreted as alienating public property for private use, nor does it
			 authorize the permittee to alienate, diminish, infringe upon or other-wise
			 restrict the property rights of other persons or the public.
6. The grant, denial, modification,
			 suspension, revocation of a permit or removal of a structure authorized under
			 these regulations, shall not be the basis for any claim for damages against the
			 State of South Carolina. In no way shall the State be liable for any damage as
			 the result of the erection of permitted works.
7. The permitted activities shall not block
			 or obstruct navigation or the flow of any waters unless specifically authorized
			 herein; no attempt shall be made by the permittee to prevent the full and free
			 use by the public of all navigable waters at or adjacent to the work authorized
			 by the permits; and that no spoil, dredged material, or any other fill material
			 be placed below the mean high water or ordinary high water elevation, unless
			 specifically authorized herein.
8.
			 The permittee shall make every reasonable effort to perform the authorized work
			 in a manner to minimize adverse impact on fish, wildlife, or water quality and
			 shall maintain any authorized structure in good condition in accordance with
			 approved plans and specifications.
9. The permittee shall allow the Department
			 or its authorized agents or representatives to make periodic inspections at any
			 time deemed necessary to assure that the activity being performed is in
			 accordance with the terms and conditions of the permit.
10. Permits are issued in the name of the
			 applicant and may not be assigned to another without the written permission of
			 the Department and the written agreement of the transferee to abide by all the
			 terms and conditions of the permit.