South Carolina Code of Regulations
Chapter 30 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL- COASTAL DIVISION
Section 30-15 - Activities Allowed Seaward of Baseline
Universal Citation: SC Code Regs 30-15
Current through Register Vol. 48, No. 3, March 22, 2024
A. Wooden Walkways: Wooden walkways no larger in width than six feet are the only structures allowed seaward of the baseline that do not require a SCDHEC-OCRM permit. See R.30-13(O)(1).
B. Small Wooden Decks: Wooden decks seaward of the baseline require a SCDHEC-OCRM permit. These decks should be no larger than one hundred and forty-four square feet. See R.30-13(H)(2).
C. Fishing Piers:
(1) New fishing piers require a SCDHEC-OCRM
permit and must be open to the public. See R.30-13(R).
(2) Those fishing piers with their associated
structures including, but not limited to, bait shops, restrooms, restaurants,
and arcades which existed September 21, 1989, may be rebuilt if they are
constructed to the same dimensions and utilized for the same purposes and
remain open to the public. In addition, those fishing piers with their
associated structures which existed on September 21, 1989, that were privately
owned, privately maintained, and not open to the public on this date may be
rebuilt and used for the same purposes if they are constructed to the same
dimensions. A SCDHEC-OCRM permit is required.
D. Golf Courses: Golf Courses require a SCDHEC-OCRM permit pursuant to the criteria set forth in R.30-13(Q).
E. Normal Landscaping: Normal landscaping requires a SCDHEC-OCRM permit pursuant to the criteria set forth in R.30-13(F).
F. Special Permits: The Department shall consider applications for special permits. Special permits are to be issued only in situations where without such a permit, the property owner would have no reasonable use of his property, or when an overriding public benefit can be demonstrated. When issuing special permits, the Department shall consider the legislative findings and policies as set forth in Sections 48-39-30, 48-39-250 and 48-39-260. Specifically, the following criteria shall serve as guidelines when issuing special permits:
(1) A structure cannot be
constructed or reconstructed on a primary oceanfront dune or on the active
beach, and in the event that the beach erodes so that in the future the
permitted habitable structure is located on the active beach, the property
owner agrees to remove the structure at his own expense.
(2) There shall be no adverse impact on the
stated policies of the Beachfront Management Act, including the policies
protecting the sand dunes and preservation of the dry sand beach.
(3) The granting of a special permit shall
not create a situation contrary to the public health, safety or
welfare.
(4) In determining whether
or not a permit is contrary to the public health, safety or welfare, the
Department shall consider:
(a) whether or not
the proposed structure would be constructed on renourished beach;
(b) the erosion rate at the site;
(c) how soon the structure will be located on
the active beach;
(d) whether or
not the proposed structure meets American National Standards Institute building
standards; and/or
(e) the potential
cumulative effect that similar structures will have upon the beach/dune
system.
(5) Necessary
components of habitable structures, such as sewer lines, septic tanks and
utilities, do not require separate special permits. However, decking, patios,
driveways, etc., are not considered as necessary components of habitable
structures and therefore these items must be shown on the permit
application.
(6) Generally, the
Department considers special permits only under extraordinary circumstances.
Three specific areas, however, where the Department deems that special permits
are more appropriate include:
(a) Habitable
Structures Seaward of the Baseline: The Department may grant a special permit
to construct a single-family house seaward of the baseline where such permit
meets the conditions of R.30-15(F)(1)-(6) and;
(i) The house is no larger than similar
structures in the general neighborhood and in no case may it be larger than
5000 square feet;
(ii) The house is
no further seaward than the houses on either side unless this would preclude a
house from being constructed on the lot;
(iii) The permittee agrees to remove the home
when it comes on to the active beach;
(iv) The permittee agrees to such other
conditions as the Department deems are appropriate to promote the policies of
the Act.
(b) Pools: No
new pools shall be constructed seaward of the baseline. Pools may be
reconstructed, upon obtaining an OCRM permit, if they are landward of an
existing functional erosion control structure or device. The Department may
grant a special permit to reconstruct a pool seaward of a habitable structure
where such permit meets the conditions of R.30-15(F)(1)-(6) and;
(i) There is no other location on the
property suitable for construction of a pool;
(ii) The commercial viability of the project
is directly related to the presence of the proposed pool;
(iii) The pool is not constructed upon the
active beach and the owner agrees to remove same when it comes onto the active
beach;
(iv) The project is
constructed so that there are no erosion control devices built as part of the
pool structure and the design meets approval of the Department;
(v) The pool is no larger than is deemed
necessary by the Department;
(vi)
The permittee agrees to conditions as the Department deems appropriate to
promote the policies of the Act.
(c) Parking Lots and Drainage Devices: The
Department may grant special permits for commercial properties for
reconstruction of parking lots and drainage devices seaward of the baseline
which are absolutely necessary for the economic viability of the project where
such permit meets the conditions of R.30-15(F)(1)-(6) and;
(i) Special permits for parking lots can only
be issued for reconstruction of parking lots no larger than existed prior to
destruction;
(ii) The Department
can dictate the configuration of the parking lot and drainage devices and the
materials used for their construction;
(iii) Construction of parking lots and
drainage devices cannot take place on active beach and must be removed once
they become located on the active beach;
(iv) The Department can place such conditions
upon construction of the parking lots and drainage devices so as to meet the
purposes of the Act.
G. Groins. Existing groins may be reconstructed, repaired, and maintained. New groins may only be allowed on beaches that have high erosion rates with erosion threatening existing development or public parks. In addition to these requirements, new groins may be constructed and existing groins may be reconstructed only in furtherance of an on-going beach renourishment effort which meets the criteria set forth in R.30-14.G, and in accordance with the following:
(1) The applicant shall institute a
monitoring program for the life of the project to measure beach profiles along
the groin area and adjacent and downdrift beach areas sufficient to determine
erosion/accretion rates. For the first five years of the project, the
monitoring program must include, but is not necessarily limited to:
(a) establishment of new monuments;
(b) determination of the annual volume and
transport of sand; and
(c) annual
aerial photographs.
Subsequent monitoring requirements must be based on results from the first five-year report.
(2) Groins may only be permitted after
thorough analysis demonstrates that the groin will not cause a detrimental
effect on adjacent or downdrift areas. The applicant shall provide a
financially binding commitment, such as a performance bond or letter of credit
that is reasonably estimated to cover the cost of reconstructing or removing
the groin and/or restoring the affected beach through renourishment pursuant to
subsection 30-15.G(3).
(3) If the
monitoring program established pursuant to subsection 30-15.G(1) shows an
increased erosion rate along adjacent or downdrift beaches that is attributable
to a groin, the department must require either that the groin be reconfigured
so that the erosion rate on the affected beach does not exceed the
pre-construction rate, that the groin be removed, and/or that the beach
adversely affected by the groin be restored through renourishment.
(4) Adjacent and downdrift communities and
municipalities must be notified by the department of all applications for a
groin project.
(5) An adjacent or
downdrift property owner that claims a groin has caused or is causing an
adverse impact shall notify the department of such impact. The department shall
render an initial determination within sixty (60) days of such notification.
Final agency action shall be rendered within twelve months of notification. An
aggrieved party may appeal the decision pursuant to the Administrative
Procedures Act.
(6) In an area in
which new groins have been permitted, or in an area in which existing groins
have been reconstructed or repaired, access along the beach from one groin
compartment to another must be maintained or improved. If access is impacted or
eliminated, temporary access around or over the groin must be established
immediately. Within thirty days of notification from the Department, a plan to
provide permanent access around or over the groin must be submitted by the
entity responsible for the groin construction. This permanent access plan must
be implemented within ninety days of the Department approval.
(7) The applicant must have written approval
from the local government which has jurisdiction in the area where the project
is proposed.
H. Emergency Orders: Emergency situations before or after a storm event may prompt the Department, or an appointed official of a county or municipality or of the state to issue emergency orders under R.30-5, allowing property owners to construct temporary barriers against wave uprush. A structure is determined to be in imminent danger when the erosion comes within twenty feet of that structure. In an effort to protect Loggerhead turtle nesting sites, emergency orders issued between April 15th and November 1st must be reviewed by the Department prior to actual performance of the activity authorized by the emergency order. The U.S. Army Corps of Engineers must be notified within seventy-two hours of the issuance of an emergency order by the Department if the Department issued the emergency order. If the emergency order is issued by an appointed official such notification must be accomplished by the issuing official. The property owner or other recipient of the emergency order must obtain any additional permit(s) and agency review(s) that may be required by other local, state or federal agencies. All required permits and reviews must be obtained prior to the commencement of work pursuant to the issued emergency order. Unless otherwise approved by the Department, emergency sandbagging, sand scraping and renourishment shall be performed using the criteria established in this section. The Department may apply any requirements under this section to any Department-approved technology that is authorized under an emergency order.
(1) Emergency
orders for sandbags may be issued by the Department, or upon written
notification to the Department by an appointed official of a county or
municipality or of the state acting to protect public health and safety.
Sandbags shall only be used to construct temporary protection for existing
habitable structures and critical infrastructure if the Department or appointed
official determines a structure to be in imminent danger and emergency
conditions conform with the definition of emergency in Section
48-39-10(U),
or as allowed in R.30-13.Q(1). In this section, "critical infrastructure" shall
mean utilities, roadways and associated infrastructure necessary to provide for
public health and safety, communication, and transportation.
(2) Emergency orders for sandbags shall be
subject to the following process:
(a) The
Department or an appointed official of a county or municipality or of the state
may issue emergency orders for areas specifically included under a state
emergency declaration or at the request of a local government or property
owner.
(b) Within one hundred
twenty days of the issuance of an emergency order for sandbags, the property
owner may provide the Department with evidence that their community has a
feasible and financially viable renourishment plan for the affected area that
is consistent with their approved Local Comprehensive Beachfront Management
Plan.
(c) If the property owner has
not provided the Department with an acceptable plan for renourishment within
one hundred twenty days of the issuance of an emergency order for sandbags,
then the emergency order shall expire at the end of the one hundred twentieth
day, and the sandbags shall be removed at the property owner's
expense.
(d) If the property
owner's plan is acceptable and calls for renourishment, then a renourishment
permit application shall be submitted to the Department within eighteen months
of the issuance of the emergency order.
(i) If
the Department approves the renourishment permit, sandbags shall be allowed to
remain in place for up to twelve months after the permit is issued to allow
sufficient time for the project to be completed, but must be removed at the
property owner's expense prior to the placement of renourishment sand at the
property, or at the end of the twelve month period, whichever occurs
first.
(ii) If the Department
denies the renourishment permit application, the sandbags shall be removed
within ninety days of the final agency decision, including all appeals, at the
property owner's expense.
(iii) If
a renourishment permit application is not submitted to the Department within
eighteen months of the issuance of the emergency order, the emergency order
shall expire at the end of the eighteenth month, and the sandbags shall be
removed at the property owner's expense.
(3) To maintain the temporary nature that is
intended for the use of sandbags, the following criteria shall be used when
issuing emergency orders for sandbags:
(a) The
bags shall be commercially manufactured for the purpose of holding sand.
Biodegradable bags may be required if deemed appropriate by the
Department.
(b) The bags, when
filled, shall be a maximum size of one cubic yard.
(c) The bags may be placed no farther seaward
than is necessary to protect the existing habitable structure, critical
infrastructure or golf course qualified under R.30-13.Q(1). In no case may
sandbags be used to protect a dune. Sandbags may not retard normal shoreline
movement unless used to protect an existing habitable structure, critical
infrastructure or golf course qualified under R.30-13.Q(1).
(d) All sandbags are to be placed parallel to
the shoreline. Excavation shall not be allowed below existing beach grade. The
toe of the sandbags shall not be buried. At no time shall the sandbags be
buried or covered with sand.
(e)
Sandbags shall generally be limited to a maximum height of six feet above the
beach. The sandbags shall be stacked at an angle no steeper than forty-five
degrees.
(f) The Department may
consider site specific engineering reports which will improve the effectiveness
of sandbag placement for site specific situations.
(g) Sandbag fill material must be from an
upland source and compatible in grain size and color with the native beach sand
and should contain no more than a minimal amount of organic material. Only
clean sand may be placed in the bags.
(h) The property owner is responsible for the
day-to-day maintenance of the sandbags to ensure that they remain in the
location authorized by the emergency order, above grade and in good repair.
Failure to maintain the sandbags may result in the Department requiring the
removal of the sandbags at the property owner's expense.
(i) A copy of the issued emergency order
shall be in the possession of anyone performing the placement of
sandbags.
(4) Emergency
orders for sand scraping may be issued by the Department, or upon written
notification to the Department by an appointed official of a county or
municipality or of the state acting to protect public health and safety. Sand
scraping may be used to construct temporary protection if the Department or
local official determines a structure to be in imminent danger and emergency
conditions conform with the definition of emergency in Section
48-39-10(U).
The following criteria shall be used when issuing emergency orders for sand
scraping:
(a) Sand scraping may only be
ordered and performed to protect existing structures. Sand scraping shall not
be allowed in front of erosion control structures unless it can be proven that
the erosion control structure is itself in danger of collapsing and is within
ten feet of the habitable structure.
(b) Sand scraping may be used to provide
temporary protection for golf courses pursuant to the requirements of this
subsection.
(c) Sand may only be
scraped from the intertidal beach and only between extended property lines of
the structure receiving the sand. The depth of scraping may not exceed one foot
below the existing beach level.
(d)
Sand may be placed against an eroded scarp or to replace an eroded dune that is
seaward of a threatened structure. The dune shall not exceed six feet above
grade or twenty feet in width as measured from dune toe to dune toe.
(e) No sand may be placed landward of an
existing, functional erosion control device.
(f) Sand scraping may be performed one time
only per property for each emergency order issued by the local official without
prior approval by the Department.
(g) A copy of the issued emergency order
shall be in the possession of anyone performing sand scraping.
(h) Sand scraping activities shall generally
be accomplished through private or local funding unless a state of emergency is
declared, then state funding is not precluded.
(5) Emergency orders for renourishment may be
issued by the Department, or upon written notification to the Department by an
appointed official of a county or municipality or of the state acting to
protect public health and safety. Renourishment may be used to construct
temporary protection if the Department or local official determines a structure
to be in imminent danger and emergency conditions conform with the definition
of emergency in Section
48-39-10(U).
The following criteria shall be used when issuing emergency orders for
renourishment:
(a) Renourishment sand must
originate from an upland source and be approved by the Department as compatible
in grain size and color with the native beach sand and should contain no more
than a minimal amount of organic material.
(b) Sand placed on the beach must be located
between the extended property lines of the property receiving the
sand.
(c) Sand may be stabilized
with sand fencing and beach vegetation pursuant to the permitting requirements
in R.30-13.L.
(d) A copy of the
issued emergency order shall be in the possession of anyone performing
authorized renourishment activities.
(e) Renourishment activities conducted under
an emergency order may be used to provide temporary protection for golf courses
pursuant to the requirements of this subsection.
(f) Renourishment activities conducted under
an emergency order shall generally be accomplished through private or local
funding unless a state of emergency is declared, then state funding is not
precluded.
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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