South Carolina Code of Regulations › Chapter 30 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL- COASTAL DIVISION › Section 30-12 - Specific Project Standards for Tidelands and Coastal Waters

Current through Register Vol. 48, No. 6, June 28, 2024
A. Docks and Piers: A dock or pier is a
		  structure built over and/or floating on water and is used to provide access to
		  water and for the mooring of boats. Docks and piers are the most popular method
		  of gaining access to deep water. Docks and piers sometimes pose navigational
		  problems, restrict public use of the water and, under certain circumstances,
		  possess potential for creating environmental problems. This section is divided
		  in five parts providing standards for 1) all, 2) private and joint use, 3)
		  master planned, 4) commercial and (5) community docks. Docks are defined in
		  30-1.D(16) Docks. Community docks have less environmental impact than multiple
		  private or joint use docks. One or more community dock(s) in a development will
		  be permitted when sufficient numbers of private or joint use docks are
		  eliminated and other applicable Department regulations are met. This section
		  does not include standards for marinas, which are addressed in 30-12.E. Marinas
		  by definition include docks with more than 250 linear feet of effective docking
		  space.
(1) The following standards are
		  applicable for construction of all docks and piers:
(a) Docks and piers shall be limited to one
		  structure per parcel or lot and in all instances, parcels or lots must be
		  waterfront as defined by 30-1.D(53), shall not restrict the reasonable
		  navigation or public use of State lands and waters;
(b) Docks and piers shall be constructed in a
		  manner that does not restrict water flow;
(c) The size and extension of a dock or pier
		  must be limited to that which is reasonable for the intended use;
(d) Docks and piers should use the least
		  environmentally damaging alignment;
(e) All applications for docks and piers
		  should accurately illustrate the alignment of property boundaries with adjacent
		  owners and show the distance of the proposed dock from such extended property
		  boundaries. For the purpose of this section, the extension of these boundaries
		  will be an extension of the high ground property line. The Department may
		  consider an alternative alignment if site specific characteristics warrant or
		  in the case of dock master plans, when appropriate.
(f) Walkways leading to the dock or pier
		  should be elevated at least three feet above mean high water.
(g) Dry storage in uplands will be encouraged
		  in preference to moorage in crowded areas;
(h) Developers of subdivisions and multiple
		  family dwellings are encouraged to develop plans which include joint-use docks
		  and/or community docks at the time of required dock master plans. Dock
		  corridors on the approved Dock Master Plan (DMP) must be shown with bearings or
		  State Plane Coordinates on a recordable subdivision plat for the development,
		  and recorded in the appropriate County Office of Deeds. Subsequent re-surveys
		  or modifications to lots shall reference the dock corridors on the recorded
		  subdivision plat and be submitted to the Department. Reference to this DMP must
		  be given in all contracts for lot sales.
(i) Project proposals shall include
		  facilities for the proper handling of litter, waste, refuse and petroleum
		  products, where applicable;
(j)
		  Where docks and piers are to be constructed over tidelands utilized for
		  shellfish culture or other mariculture activity, the Department will consider
		  rights of the lessee and the public prior to approval or denial.
(k) Docks cannot be enclosed by walls or
		  screens.
(l) Docks longer than
		  1,000 feet over critical area are prohibited. This is inclusive of pierheads,
		  floats, boatlifts, ramps, mooring pilings and other associated
		  structures.
(m) Handrails, if
		  proposed, shall be limited to a maximum height of 36"' above the walkway or
		  pierhead decking.
(n) Docks must
		  extend to the first navigable creek, within extensions of upland property lines
		  or corridor lines, that has a defined channel as evidenced by a significant
		  change in grade with the surrounding marsh; or having an established history of
		  navigational access or use. Such creeks may only be bridged/crossed when there
		  are rare geographic circumstances, such as very close proximity of a
		  significantly larger creek within extensions of property or corridor lines, may
		  warrant dock extension to a creek other than the first navigable creek. A creek
		  with an established history of navigational use may also be considered as
		  navigable. In exceptional cases, the Department may allow an open water channel
		  to be bridged if current access is prohibited by other man made or natural
		  restrictions or if site-specific conditions warrant such a crossing.
(o) This section applies to lots subdivided
		  or resubdivided after May 23, 1993.
(i) To be
		  eligible for a private or commercial dock, a lot must have:
(a) 75 feet of frontage at the marsh edge,
		  and
(b) 75 feet between its
		  extended property lines at the location in the waterbody of the proposed
		  dock.
(ii) Joint use
		  docks will be considered for adjacent waterfront properties each of which must
		  have:
(a) 50 feet of frontage at the marsh
		  edge, and
(b) 50 feet between its
		  extended property lines at the location in the waterbody of the proposed
		  dock.
(iii) To be
		  eligible for a community dock, a lot must have:
(a) 50 feet of frontage at the marsh edge,
		  and
(b) 50 feet between its
		  extended property lines at the location in the waterbody of the proposed
		  dock.
(iv) Lots less
		  than 50 feet wide at the marsh edge are not eligible for a dock.
(p) No docks, pierheads or other
		  associated structures will be permitted closer than 20 feet from extended
		  property lines with the exception of joint use docks shared by two adjoining
		  property owners. However, the Department may allow construction closer than 20
		  feet or over extended property lines where there is no material harm to the
		  policies of the Act.
(q) If a dock
		  is destroyed, the dock may be rebuilt to its previous configuration so long as
		  reconstruction is completed within five years of the date of the event unless
		  there are extenuating circumstances justifying more time.
(r) In the event that a dock owner intends to
		  change the use of a dock from the permitted use or non-permitted grandfathered
		  use, a new permit must be obtained prior to the change in use. The change in
		  use is based on the types of docks distinguished by these
		  regulations.