South Carolina Code of Regulations
Chapter 30 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL- COASTAL DIVISION
Section 30-10 - Critical Area Boundaries
Universal Citation: SC Code Regs 30-10
Current through Register Vol. 48, 12, December 27, 2024
A. Coastal Waters and Tidelands:
(1) The Department has permit
authority over the coastal waters and tidelands critical areas defined in
Section
48-39-10
as follows:
(a) "Coastal waters" means the
navigable waters of the United States subject to the ebb and flood of the tide
and which are saline waters, shoreward to their mean high-water mark. Provided,
however, that the Department may designate boundaries which approximate the
mean extent of saline waters until such time as the mean extent of saline
waters can be determined scientifically.
(b) "Tidelands" means all areas which are at
or below mean high tide and coastal wetlands, mudflats, and similar areas that
are contiguous or adjacent to coastal waters and are an integral part of the
estuarine systems involved. Coastal wetlands include marshes, mudflats, and
shallows and means those areas periodically inundated by saline waters whether
or not the saline waters reach the area naturally or through artificial water
courses and those areas that are normally characterized by the prevalence of
saline water vegetation capable of growth and reproduction. Provided, however,
nothing in this definition shall apply to wetland areas that are not an
integral part of an estuarine system. Further, until such time as the exact
geographic extent of this definition can be scientifically determined, the
Department shall have the authority to designate its approximate geographic
extent.
(2) Using
biological field surveys and aerial photography, the Department has found the
point on the upper reaches of the estuarine systems where tideland vegetation
changes from predominately brackish to predominately fresh and has established
a boundary using the nearest recognizable physical features within this area.
This boundary has been posted on an official map in SCDHEC-OCRM'S principal
offices of business and is available for public review. An approximate
description of this boundary is as follows: On the south at the intersection of
the South Carolina-Georgia border and the old track bed of the Seaboard
Coastline (SCL), approximately 1.75 miles above the U.S. Highway 17-A bridge
across the Savannah River; thence, northeastward along the track bed until its
intersection with S. C. 462 near Euhaw Creek; thence, northward along S. C. 462
until its intersection with U.S. Highway 17/U.S. Interstate 95 near
Coosawhatchie; thence, northeastward along U.S. 17/U.S. Interstate 95 until
U.S. Highway 17 and U.S. Interstate 95 intersect at Point South, thence,
northeastward along U.S. 17 until its intersection with S-15-26, approximately
two miles east of Green Pond; thence, southward along S-15-26 (Bennetts Point
Road) until its intersection with the old SCL track bed near Airy Hall; thence,
east-northeastward along the track bed on its intersection with S. C. 174;
thence, northward along S. C. 174 for approximately 1.5 miles until its
intersection with S. C. 164; thence, east-northeastward approximately three
miles along S. C. 164 until its intersection with S. C. 165; thence, northward
along S. C. 165 (Bacons Bridge Road) until its intersection with S. C. 642
(Dorchester Road); thence, southeastward along S. C. 642 until its intersection
with U.S. Interstate 26; thence, southward along I-26 until its intersection
with S. C. 7 (Cosgrove Avenue); thence, northeastward on S. C. 7 until its
intersection with the SCL track bed adjacent to S-10-32 (Spruill Avenue);
thence, northward along this track bed until its intersection with the
Charleston County/Berkeley County line, approximately one-fifth mile north of
S-10-13 (Remount Road); thence, east-northeastward along the county line until
its intersection with the Cooper River at Goose Creek; thence, eastward by a
straight line across the Cooper River and mouth of Yellow House Creek to Jessen
Road at the Cainhoy Industrial Park, thence southeastward until its
intersection with (Clements Ferry Road); thence, northeastward along S-8-33
until its intersection with S-8-100 (Resurrection Road) until its intersection
with S. C. 41, thence northeastward on S-8-100 (Halfway Creek Road); thence,
northeastward along S-8-100 until its intersection with S-10-98 (Guerins Creek
Bridge Road); thence, southward along S-10-98 until its intersection with U.S.
Highway 17; thence, northeastward along U.S. Highway 17 until its intersection
with S-27-30 north of the North Santee River; thence, eastward along S-27-30
for approximately five miles; thence, northward along S-27-30 until its
intersection with S-27-18; thence, northwestward along S-27-18 until its
intersection with U.S. Highway 17 south of Georgetown, thence northeastward
along U.S. Highway 17 (Frasier Street) through Georgetown, thence northeastward
along U. S. Highway 17 until the intersection of U.S. Highway 17 Business and
U.S. Highway 17 Bypass south of Murrells Inlet; thence, northeastward along
U.S. Highway 17 Business (Kings Highway) through Murrells Inlet, Garden City,
Surfside Beach, and Myrtle Beach until its intersection U.S. Highway 17 north
of Myrtle Beach; thence northeastward along U.S. Highway 17 until its
intersection with the South Carolina-North Carolina border. In determining the
exact location of this boundary, only those lands seaward of the right-of-way
line located on the upstream side of road beds and track beds described shall
be included in the tidelands and coastal waters critical areas.
(3) All coastal waters and tidelands seaward
from this boundary to the State jurisdictional limit are included within the
critical areas.
B. Beaches and Beach/Dune System: The Department has permitting authority over beaches and the beach/dune system. In determining the boundaries of this critical area, the Department will be guided by Section 48-39-270, Section 48-39-280 and Section 48-39-360.
Disclaimer: These regulations may not be the most recent version. South Carolina may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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