South Carolina Code of Regulations › Chapter 30 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL- COASTAL DIVISION › Section 30-5 - Exceptions

Current through Register Vol. 48, No. 6, June 28, 2024
A. List of Exceptions: Section
		  48-39-130(D)
		   lists several exceptions which do not
		  require a permit. These are as follows:
(1)
		  The accomplishment of emergency orders issued by the Department or by an
		  appointed official of a county or municipality or of the state acting to
		  protect the public health and safety. With regard to the beach/dune critical
		  area, only the use of sandbags, sand scraping, renourishment, or a combination
		  of them is allowed, in accordance with R.30-5.B and R.30-15.H.
(2) Hunting, erecting duckblinds, fishing,
		  shellfishing and trapping when and where otherwise permitted by law; the
		  conservation, replenishment and research activities of State agencies and
		  educational institutions; or boating or other recreation provided that such
		  activities cause no material harm to the flora, fauna, physical, or aesthetic
		  resources of the area.
(3) The
		  discharge of treated effluent as permitted by law; provided, however, that the
		  Department shall have the authority to review and comment on all proposed
		  permits that would affect critical areas.
(4) Dredge and fill performed by the United
		  States Corps of Engineers for the maintenance of harbor channels and the
		  collection and disposal of the materials so dredged; provided, however, that
		  the Department shall have authority to review and certify all such proposed
		  dredge and fill activities.
(5)
		  Construction of walkways over sand dunes in accordance with R.30-13(B).
(6) Emergency repairs to an existing bank,
		  dike, fishing pier, or structure other than oceanfront erosion control
		  structures or devices which have been erected in accordance with federal and
		  state laws or provided for by general law acts passed by the General Assembly,
		  if notice is given in writing to the Department within 72 hours of the onset of
		  needed repairs.
(7) Maintenance and
		  repair of drainage and sewer facilities constructed in accordance with federal
		  or State laws, and normal maintenance and repair of any utility or
		  railroad.
(8) Normal maintenance or
		  repair to any pier or walkway, provided that such maintenance or repair shall
		  not involve dredge or fill.
(9)
		  Construction or maintenance of a major utility facility where the utility has
		  obtained a certificate for such facility under "The Utility Facility Siting and
		  Environmental Protection Act" (Sections
		  58-33-10
		  through
		  58-33-430
		  of the 1976 Code). Provided, however, that the South Carolina Public Service
		  Commission shall make the Department a party to certification proceedings for
		  utility facilities within the coastal zone.
(10) Habitable structures and pools
		  determined to be damaged less than sixty-six and two-thirds percent pursuant to
		  R.30-14(D)(3)(a) and
		  (b) may be repaired after acceptable
		  documentation is provided to the Department.
(11) Erosion control structures or devices
		  determined to be damaged less than eighty percent above grade through June 30,
		  1995, sixty-six and two-thirds percent above grade from July 1, 1995, through
		  June 30, 2005, or fifty percent above grade after June 30, 2005, pursuant to
		  R.30-14(D)(3)(c) and
		  (d) may be repaired after acceptable
		  documentation is provided to the Department.