Current through Register Vol. 48, No. 3, March 22, 2024
A. Preliminary
Review: The Department encourages the submission of development plans for
preliminary review. If a permit is necessary, the Department will make every
effort to assist the applicant in expediting the administrative aspects of
filing an application.
B. Permit
Application: Except for those exemptions as specified in the 1977 Coastal Zone
Management Act, as amended, any person wishing to alter a critical area must
receive a permit from the Department. Section
48-39-140(B)
directs that certain information be included
in the permit application submitted to the Department. The following minimum
information shall ordinarily be required before a permit application is
considered complete:
(1) Name and address of
the applicant;
(2) A plan or
drawing showing the applicant's proposal and the manner or method by which the
proposal shall be accomplished;
(3)
A plat or a copy of a plat of the area in which the proposed work will take
place;
(4) A certified copy of the
deed, lease or other instrument under which the applicant claims title,
possession or permission from the owner of the property to carry out the
proposal;
(5) A list of all
adjoining landowners and their addresses or a sworn affidavit that with due
diligence such information is not ascertainable. When considered appropriate by
the Department, additional information may be required concerning affected
landowners;
(6) A brief description
of the proposed alteration, its purpose and intended use, including a drawing
of the type of structure, a description of the method of construction, and
identification of materials and equipment to be used. In some instances, a
registered survey may be required as part of the application package,
particularly those involving docks in excess of 900 feet in length.
(7) A copy of the newspaper public notice:
(a) Minor developments (see R.30-1(D)):
In the case of applications for minor development permits, the applicant shall
publish notice at least once in a newspaper of local circulation in the county
of the proposed activity. The newspaper notice should be published within 15
days of the date of Public Notice (see R.30-2(C)). No permit shall be issued by
the Department until at least 10 days following the date of newspaper
publication. The following form shall be used for newspaper publication:
PUBLIC NOTICE
SC DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL
OFFICE OF OCEAN AND COASTAL RESOURCE MANAGEMENT
(Name of applicant) will apply (has applied) to SCDHEC-OCRM for a
permit to (description of work) for (public/private) use, at/in (location and
name of waterway). Comments will be received by (insert local OCRM office
address) until (insert date, 10 days after date of this newspaper
notice).
(b) Other
activities: In the case of applications for other than minor development
permits, the applicant shall publish notice at least once in both a newspaper
of general statewide circulation (The State, Post and Courier, or The
Greenville News) and a newspaper of local circulation in the county of the
proposed activity. The newspaper notices should be published within 15 days of
the date of Public Notice (see R.30-2(C)). No permit shall be issued by the
Department until at least 15 days following the date of the last published
newspaper publication. The following form shall be used for newspaper
publication:
PUBLIC NOTICE
SC DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL
OFFICE OF OCEAN AND COASTAL RESOURCE MANAGEMENT
(Name of applicant) will apply (has applied) to SCDHEC-OCRM for a
permit to (description of work) for (public/private) use, at/in (location and
name of waterway). Comments will be received by SCDHEC-OCRM, (insert Charleston
OCRM office address) until (insert date, 15 days after date of this newspaper
notice).
(8)
When considered appropriate by the Department, additional information may be
required. For major development activities this additional information may
include but is not limited to a stormwater management plan, approved freshwater
wetland delineation, and cultural resource and endangered species survey. The
plat or copy of a plat submitted for those activities subject to the Beach
Management Act (Sections
48-39-270
through 350) shall show the location of the baseline and setback line,
applicable to the subject property. The lines shall be derived from information
available from the Department. The lines shall be part of the plat and sealed
by a South Carolina Registered Land Surveyor and may not be placed on the
application by anyone other than a South Carolina Registered Land Surveyor or a
member of the Department staff.
(9)
The administrative fees for permit applications are included in
R.61-30.G(13).
C.
Notification: The Department shall within thirty days of receiving either a
Joint Public Notice or SCDHEC-OCRM permit application, notify in writing
interested agencies, all adjoining landowners, local government units in which
the land is located and other interested persons. This notice shall indicate
the nature and extent of the applicant's proposal.
D. Permit Processing: Permit processing shall
commence immediately upon receipt of either a Joint Public Notice or a
SCDHEC-OCRM permit application and shall proceed concurrently but separately
from any Federal authorization.
E.
Comments on Application: All interested federal and state agencies, all
adjoining landowners, local government units and other interested persons to
have thirty days after the receipt of Public Notice of permit application from
the Department to file written comments pertaining to the application. Only
those comments received within the thirty day period must be considered in the
Department's decision on a permit application. Any persons wishing to receive
notice of the initial decision on a permit application shall notify the
Department within this comment period. Comments on permit applications for
minor development activities, as defined in Section
48-39-10(N),
must be received within fifteen days after receipt of Public Notice of permit
application.
F. Public Information:
The complete file on each permit application, including all comments received,
will be made available, upon request, for inspection by any member of the
general public during regular business hours at the principal office for
SCDHEC-OCRM.
G. State Comment:
Issuance or denial of the permit by the Department shall be the State comment
on the corresponding federal permit application.
H. Water Quality Certificate: If a water
quality certificate is not required by a Federal permitting agency under
Section 401 of P.L. 92-500, the Department may evaluate whether there is a
reasonable assurance the project will not contravene State Water Quality
Standards. The Department will not issue a separate 401 water quality
certification for an activity which requires a direct permit for alteration of
the critical area of the coastal zone pursuant to applicable regulations
governing issuance of permits for alternation of the critical area of the
coastal zone. The Department will process permit applications pursuant to
applicable regulations governing issuance of permits for alteration of the
critical area of the coastal zone with coordination and input from appropriate
staff regarding water quality impacts. The direct permit will serve as the 401
water quality certification for an associated Federal permit.
I. Applications Involving Adjoining
Landowners Claiming Ownership of Critical Area
(1) All permit applicants must provide
information in writing concerning the ownership of critical area in or over
which a project is to be constructed.
(2) The alleged adjoining landowner of
critical area must be notified pursuant to the provisions of Section
48-39-140(C)
and R.30-2.
(3) If the alleged
adjoining landowner of critical area files a written objection to the permit
application within the period prescribed in Section
48-39-140
(15 days for minor and 30 days for major permits) based upon a claim of
ownership and indicates an intention to file a court action pursuant to Section
48-39-220,
the application will be deemed incomplete and further processing of the permit
will not take place until a final judicial decision is rendered by a court of
competent jurisdiction. However, written proof of filing a court action
pursuant to Section
48-39-220
must be received by the Department within 30 days of the date of the expiration
of the comment period. If no such written proof is timely received, the permit
will be processed pursuant to law.
(4) If the final judicial decision determines
that the critical area in question is owned by the adjoining critical area
landowner and that the critical area landowner has a right to exclude others as
part of the title, the permit will not be issued unless the applicant presents
the Department with a copy of a deed, lease, or other instrument from the
adjudicated critical area landowner that would allow construction of the
proposed project, or written permission from such owner to carry out the
proposal as provided for in Section
48-39-140(B)(4).
(5) Permit applicants who are vested with the
power of eminent domain shall be exempt from the provisions of paragraphs (3)
and (4) of R.30-2(I).
