Current through Register Vol. 48, No. 3, March 22, 2024
A. Preface: The critical areas are of vital
importance to the State, and there is strong and growing pressure for the
development of these areas. The Department has established these rules and
regulations for permit applications in an effort to reduce the irreversible
loss of productive tidelands, coastal waters, beaches, and dunes while meeting
long-range State development needs.
B. General Considerations: In assessing the
potential impacts of projects in critical areas, the Department will be guided
by the policy statements in Sections
48-39-20
and
48-39-30
and the following ten considerations in Section
48-39-150:
(1) The extent to which the activity requires
a waterfront location or is economically enhanced by its proximity to the
water;
(2) The extent to which the
activity would harmfully obstruct the natural flow of navigable water. If the
proposed project is in one or more of the State's harbors, or in a waterway
used for commercial navigation and shipping, or in an area set aside for port
development in an approved management plan, then a certificate from the South
Carolina State Ports Authority declaring that the proposed project or activity
would not unreasonably interfere with commercial navigation and shipping must
be obtained by the Department prior to issuing a permit;
(3) The extent to which the applicant's
completed project would affect the production of fish, shrimp, oysters, crabs,
or clams or any marine life or wildlife, or other natural resources in a
particular area, including but not limited to water and oxygen
supply;
(4) The extent to which the
activity could cause erosion, shoaling of channels or creation of stagnant
water;
(5) The extent to which the
development could affect existing public access to tidal and submerged lands,
navigable waters and beaches, or other recreational coastal
resources;
(6) The extent to which
the development could affect the habitats for rare and endangered species of
wildlife or irreplaceable historic and archeological sites of South Carolina's
coastal zone;
(7) The extent of the
economic benefits as compared with the benefits from preservation of an area in
its unaltered state;
(8) The extent
of any adverse environmental impact which cannot be avoided by reasonable
safeguards;
(9) The extent to which
all feasible safeguards are taken to avoid adverse environmental impact
resulting from a project;
(10) The
extent to which the proposed use could affect the value and enjoyment of
adjacent owners.
C.
Further Guidelines: In the fulfilling of its responsibility under Section
48-39-150,
the Department must in part base its decisions regarding permit applications on
the policies specified in Sections
48-39-20
and
48-39-30,
and thus, be guided by the following:
(1) The
extent to which long-range, cumulative effects of the project may result within
the context of other possible development and the general character of the
area.
(2) Where applicable, the
extent to which the overall plans and designs of a project can be submitted
together and evaluated as a whole, rather than submitted piecemeal and in a
fragmented fashion which limits comprehensive evaluation.
(3) The extent and significance of negative
impacts on Geographic Areas of Particular Concern (GAPC). The determination of
negative impacts will be made by the Department in each case with reference to
the priorities of use for the particular GAPC. The priorities of use are found
in Chapter IV of the Coastal Management Program.
D. General Guidelines for Beaches and the
Beach/Dune System: In addition to the provisions of the South Carolina Coastal
Management Act of 1977, the policies of the South Carolina Coastal Management
Program, and applicable rules and regulations, the Department shall base its
decisions on activities in the beach/dune system on the findings and policies
specified in Section
48-39-250
and Section
48-39-260 of the
1977 Coastal Zone Management Act, as amended, and the following:
(1) The Department shall discourage new
construction in the beach/dune system and encourage those who have erected
structures within the system to retreat.
(2) The Department shall promote
soft-solutions to erosion within the context of a policy of retreat of
development from the shore and prevent the strengthening and enlargement of
existing erosion control structures.
(3) The Department shall promote public
access to the beaches of this state.
(4) The Department shall consider state and
local comprehensive plans. No permit shall be issued which is inconsistent with
the state plan, and all permits issued shall be consistent with local plans to
the maximum extent practicable.
(5)
The Department shall be guided by the prohibitions against construction
contained in Section
48-39-290
and Section
48-39-300
which are based upon the conclusion that ill-planned development, whether
habitable structures, recreational amenities, erosion control devices or other
manmade structures, will now and in the future adversely impact the fragile
beach/dune system. These structures interfere with the natural system and
impact the highest and best uses of the system. In order to protect the highest
and best uses of the beach/dune system, the Department, in its management
capacity, shall encourage minimal development therein.
(6) The destruction of beach or dune
vegetation seaward of the setback line is prohibited unless there is no
feasible alternative. When there is destruction of vegetation permitted seaward
of the setback line, mitigation, in the form of planting new vegetation to
rectify the destruction is required as a permit condition. In no event shall
any part of a building be constructed on a primary oceanfront sand
dune.
E. Abandoned
Vessels and Structures. Abandoned vessels and structures, as defined in
R.30-1(D)have
the potential to harm critical area environments through their physical
presence and the release of contaminants that may be associated with them. In
addition, they may also be a hazard to navigation, public access and sources of
unsightly and dangerous floating debris as they deteriorate and break apart.
Specific standards for abandoned vessels and structures are as follows:
(1) Vessels or structures determined to be
abandoned by OCRM may be required to be removed from the critical
area.
(2) Upon notification by
OCRM, the owner of the abandoned vessel or structure will have 30 days from
date of notification to remove it from the critical area at his or her
expense.
(3) Abandoned boats,
barges, or other watercraft whose ownership cannot be established may be
removed from the critical area by any person, at their expense, and in
accordance with Section
50-23-135 of
the SC Code of Laws, 1976.
(4)
Structures, other than watercraft, whose ownership cannot be established may be
removed by any person, at their expense, provided notification is provided to
OCRM prior to removal. Such notification shall include date and method of
removal.
(5) OCRM may require a
Department permit for removal of any vessel or structure if it is deemed that
the removal process will significantly impact the surrounding marsh
environment.
LAW REVIEW AND JOURNAL COMMENTARIES
Abandoned ship!: Legal approaches to South Carolina's derelict
vessel problem. Susanna Cartwright Brailsford, 62 S.C. L. Rev. 587 (Summer
2011).
