South Carolina Code of Regulations
Chapter 30 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL- COASTAL DIVISION
Section 30-14 - Administrative Procedures

(a) Afford the public a thirty day comment period;

(b) Afford the opportunity for a public hearing on the local beachfront management plan;

(c) After considering all comments, approve, modify or remand the local beachfront management plan.

(a) Issuing public notice that the Department has found that the local government has failed to develop and implement a local beach management plan as required;

(b) Carrying out the tasks enumerated in Section 48-39-350(A) (1-10);

(c) Providing a thirty day public comment period for public review of the Department's proposed local beach management plan;

(d) Affording the opportunity for a public hearing;

(e) After reviewing all public comments, modify and/or adopt and implement the local plan.

(a) Upon the written request of an owner of the structure or local government official;

(b) Upon its own election;

(c) As part of a damage assessment effort conducted solely by the Department or in cooperation with a local government in response to an emergency situation.

(a) Habitable Structure:

(b) Pools:

(c) Seawalls and Bulkheads: In determining whether a seawall or bulkhead as defined in Section 48-39-270(1)(a) and (b) is destroyed more than eighty percent above grade through June 30, 1995, more than sixty-six and two thirds percent above grade from July 1, 1995, through June 30, 2005, and more than fifty percent above grade after June 30, 2005, the damage assessment shall be accomplished as follows:

(d) Revetments: Revetments must be judged on the extent of displacement of the stone, the effort to return these stones to the pre-storm event configuration of the structure or device, and the ability of the revetment to retain backfill material at the time of the damage assessment. If the property owner disagrees with the assessment of a registered professional engineer acting on behalf of the Department, he may obtain an assessment by a different registered professional engineer to evaluate, as set forth in this item, the damage to the structure or device. An owner who disagrees with the appraisal of the Department must notify the Department in writing, within 90 days of receipt of the Department's determination, that the owner intends to obtain an appraisal. If the two assessments differ, then the two engineers who performed the assessment must select a registered professional engineer to perform the third assessment. If the first two engineers are unable to select an engineer to perform the third assessment, the Clerk of Court of the county where the structure or device lies must make the selection of a registered professional engineer. The cost of the third engineer will be equally divided between the Department and the property owner. The determination of the percentage of damage by the third engineer is conclusive. In no event may the property owner begin rebuilding or repairing a structure until the appraisal process described herein has been completed. The determination of the degree of destruction must be made on a lot by lot basis by reference to county tax maps.

(a) Structures which are affected by the setback line will be identified. If the line touches any part of the structure or an attached deck, the structure is considered affected by the destroyed beyond repair provisions of the Act and additional information must be collected. By community (city, county) a list (addresses and tax map numbers) of each structure that touches the baseline and setback line will be prepared.

(b) Staff will prepare an inventory file for all structures subject to the Department regulation within their assigned community. The file will contain information relative to the location, ownership, persons to contact, and assessed value of the property, and a recent photograph of the front and rear sides of the structure. The completion of this task should include an inventory of swimming pools and erosion control devices where possible. An inventory of vertical erosion control devices should include a measurement of the parallel length of the structure and the elevation of the top of the structure. An inventory of a revetment will require that the seaward slope of the structure be determined by pulling a tape from the highest crest stone to the top of a representative toe stone. This is to be referred to as a revetment transect. Revetment transects are to begin at the northern property line and are to be repeated every 20 feet across the revetment to the southern property line. The frequency of these transects may be intensified to every 10 feet to encompass high or low extremes in the rock elevations. A schematic drawing shall depict the revetment by its transects. Beside each transect shall appear the letters (A) for adequate stone amounts, (D) for deficient stone amounts, and (S) for surplus stone amounts. Combinations of these letters on one transect will be separated by a short line that will distinguish one depiction from the other along the transect. The elevation of the top of the revetment must also be included.

(c) For habitable structures, the base value of each affected structure will be determined by consulting the tax appraisal records for each county. The values used by the Department will only be the assessed value for the structures on the lot and will not contain any land values. The Damage Assessment Coordinator will maintain a master list of all impacted structures.

(d) The staff person assigned the assessment responsibility for a particular beach community will periodically review the assessment sheets and coordinate with local communities. Assessments will be updated annually or as staff reassignments are made.

(e) Immediately after a damage incurring situation, the staff person will take the damage assessment file, preliminary damage evaluation forms for one and two story structures, and a camera and make a site visit to each property in their assigned area. The properties will be photographed and a preliminary evaluation completed for each property. This evaluation will be used to separate the properties into three categories: minor damage, possible destroyed beyond repair, and completely destroyed. At this time the person doing the assessment will try and locate any houses missing from foundations, and note any problems with the assessment process. Structures that are identified as having minor damage will be counted, the addresses and tax map numbers verified and a list compiled to be given to the Department offices and the local building official so that authorizations to make repairs can be issued promptly.

(f) The structures that are identified as possibly destroyed beyond repair will be listed, addresses verified and duplicate copies of the assessment sheets sent to the Department offices.

(a) Habitable Structures and Pools:

(b) Erosion Control Devices

(a) stagger the establishment of the baselines and setback lines by geographic area and provide a tentative schedule of establishment for each geographic area on the Department's website at least one hundred twenty (120) days prior to beginning a new establishment cycle;

(b) publish proposed locations of baselines and setback lines for a geographic area on the Department's website for public input at least one hundred twenty (120) days prior to establishing the baselines and setback lines for the geographic area;

(c) on the date of the publication of the proposed locations of baselines and setback lines for a geographic area:

(d) hold at least one (1) public hearing in the county or municipality of a geographic area at least ninety (90) days prior to establishing the baselines and setback lines for the geographic area; and

(e) accept and review data up to thirty (30) days prior to establishing baselines and setback lines for a geographic area to determine if a proposed baseline or setback line for the geographic area should be revised.

(a) the municipality, county, agency, or organization has an issued Department permit in effect for a beach renourishment project, or an issued Department coastal zone consistency certification associated with a federal beach renourishment project;

(b) the request does not extend the establishment date outside of the establishment cycle timeframe set forth by R.30-14.E(1);

(c) the municipality, county, agency, or organization has encumbered funds to complete the beach renourishment project; and

(d) the municipality, county, agency, or organization will start construction of the beach renourishment project within one (1) year of the initiation of the new establishment cycle.

(a) Seventy-five percent (75%) multiplied by the length of structure remaining plus twenty-five percent (25%) multiplied by the amount of backfill remaining equals the percentage of structure not destroyed.

(a) Wingwalls;

(b) Deadmen;

(c) Tiebacks.

(a) Undermining of the pool support which causes severe cracks in the pool walls and floors.

(b) Hydrostatic pressure beneath the pool which causes the pool to be lifted up more than six inches. Hydrostatic pressure beneath the side of the pool produces severe cracks as delineated in (a)(iv) above shall mean that the pool is destroyed beyond repair.