South Carolina Code of Regulations › Chapter 19 - STATE BUDGET AND CONTROL BOARD › Article 4 - OFFICE OF GENERAL SERVICES › Section 19-450.3 - Exemptions

Current through Register Vol. 48, No. 6, June 28, 2024
A. No permit is
			 required by the Department for any activity or construction on private
			 highlands above the mean high water line or ordinary high water mark which does
			 not affect directly and significantly any navigable water or water or land
			 subject to a public navigational servitude.
B. No permit is required by the Department
			 for any activity subject to the exclusive permitting authority of the
			 Department under Section
			 48-39-140
			 et. seq. and the applicable regulations thereunder.
C. No permit is required by the Department
			 for any normal and otherwise lawful use of the navigable waters of the state
			 which does not involve construction, filling, dredging or alteration activity
			 in navigable waters, or any activity significantly affecting the flow of
			 navigable waters.
D. No permit is
			 required for any state or federal navigational markers.
E. No permit is required for the normal
			 maintenance and repair of any existing permitted structure, or any structure
			 completed prior to the adoption of the Construction in Navigable Waters
			 permitting regulation on December 31, 1976 that is currently serviceable,
			 intact and has been maintained in good working order since that date, provided
			 that the normal maintenance and repairs on these structures does not alter
			 significantly the dimensions nor change the purpose, scope or use of the
			 structure nor do the repairs and maintenance activities create a hazard to
			 navigation nor otherwise adversely affect the navigable waters of the state,
			 water quality or wildlife. Any activity that is intended to restore a water
			 control structure involving impoundment that has not been continually
			 maintained and is not currently serviceable and intact and is now in disrepair
			 and disuse shall require a permit.
F. Any activity undertaken prior to the
			 commencement of the Construction in Navigable Waters permitting program under
			 regulation 19-450 promulgated on December 31, 1976, which involves a structure
			 which has been continually maintained in good working order since than and is
			 intact and functional on the effective date of this regulation, and which
			 subsequently does not adversely affect water quality, navigability, or other
			 natural resource conditions existing on the effective date shall be exempt from
			 the permitting process, provided, however, that the Department may require the
			 owner or other person responsible for the structure to report the existence and
			 condition of the structure.
G. No
			 permit is required for any activity which requires another Department permit or
			 certification, including but not limited to 401 Water Quality Certifications,
			 water supply permits, National Pollutant Discharge Elimination System permits,
			 wastewater construction permits, and mining permits. These
			 permitting/certification areas will be required to coordinate with the
			 Construction in Navigable Waters Permitting staff to insure the provisions of
			 this regulation are adhered to.
H.
			 No permit may be required for the following activities provided that the
			 applicant or permittee, in all except emergency situations, obtains from the
			 Department a written exemption from the permitting procedure prior to
			 commencing work:
1. Any activity on a
			 permitted structure that does not significantly alter the dimensions, changes
			 the purpose, scope or use of the structure, or may create a hazard to
			 navigation or otherwise adversely affect the navigable waters of the state, the
			 flow of navigable waters, water quality, or wildlife. Any request to perform an
			 activity which significantly affects the navigable waters of the state, the
			 flow of navigable waters, water quality, or wildlife shall be processed as an
			 amendment to the permit under section 450.14. Any activity on an unpermitted
			 structure, or that is intended to restore a water control structure involving
			 impoundment that has not been continually maintained and is not currently
			 serviceable and intact and is now in disrepair and disuse, shall require a
			 permit.
2. Any emergency
			 construction when the construction is ordered by a duly constituted official of
			 county, municipality or the state acting to protect the public safety from a
			 sudden and unanticipated threat to the health or public safety. The Department
			 must be notified promptly by telephone and not later than seventy-two hours
			 after construction has commenced, and within thirty days of the commencement of
			 construction, written application must be made to the Department for permission
			 or a permit for the activity undertaken under emergency conditions.
3. Any emergency repair or replacement of a
			 recently damaged permitted structure, or any structure completed prior to the
			 adoption of the Construction in Navigable Waters permitting regulation on
			 December 31, 1976 provided that it has been continually maintained in an intact
			 and currently serviceable condition and that the repairs are essential to
			 prevent property damage from sudden and unanticipated events which make it
			 impossible to notify the Department prior to undertaking the activity,
			 providing that the Department must be notified not later than seventy-two hours
			 after construction has commenced, and written application made within thirty
			 (30) days for permission or a permit for the activity undertaken under
			 emergency conditions.
4. Any
			 installation of utility lines to be attached to an existing permitted structure
			 provided that the utility lines do not alter or reduce significantly the
			 vertical or horizontal clearance provided by the structure.
5. Any drilling for soil borings for
			 construction foundation testing.