South Carolina Code of Regulations
Chapter 30 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL- COASTAL DIVISION
Section 30-5 - Exceptions
Universal Citation: SC Code Regs 30-5
Current through Register Vol. 48, No. 9, September 27, 2024
A. List of Exceptions: Section 48-39-130(D) lists several exceptions which do not require a permit. These are as follows:
(1)
The accomplishment of emergency orders issued by the Department or by an
appointed official of a county or municipality or of the state acting to
protect the public health and safety. With regard to the beach/dune critical
area, only the use of sandbags, sand scraping, renourishment, or a combination
of them is allowed, in accordance with R.30-5.B and R.30-15.H.
(2) Hunting, erecting duckblinds, fishing,
shellfishing and trapping when and where otherwise permitted by law; the
conservation, replenishment and research activities of State agencies and
educational institutions; or boating or other recreation provided that such
activities cause no material harm to the flora, fauna, physical, or aesthetic
resources of the area.
(3) The
discharge of treated effluent as permitted by law; provided, however, that the
Department shall have the authority to review and comment on all proposed
permits that would affect critical areas.
(4) Dredge and fill performed by the United
States Corps of Engineers for the maintenance of harbor channels and the
collection and disposal of the materials so dredged; provided, however, that
the Department shall have authority to review and certify all such proposed
dredge and fill activities.
(5)
Construction of walkways over sand dunes in accordance with R.30-13(B).
(6) Emergency repairs to an existing bank,
dike, fishing pier, or structure other than oceanfront erosion control
structures or devices which have been erected in accordance with federal and
state laws or provided for by general law acts passed by the General Assembly,
if notice is given in writing to the Department within 72 hours of the onset of
needed repairs.
(7) Maintenance and
repair of drainage and sewer facilities constructed in accordance with federal
or State laws, and normal maintenance and repair of any utility or
railroad.
(8) Normal maintenance or
repair to any pier or walkway, provided that such maintenance or repair shall
not involve dredge or fill.
(9)
Construction or maintenance of a major utility facility where the utility has
obtained a certificate for such facility under "The Utility Facility Siting and
Environmental Protection Act" (Sections
58-33-10
through
58-33-430
of the 1976 Code). Provided, however, that the South Carolina Public Service
Commission shall make the Department a party to certification proceedings for
utility facilities within the coastal zone.
(10) Habitable structures and pools
determined to be damaged less than sixty-six and two-thirds percent pursuant to
R.30-14(D)(3)(a) and
(b) may be repaired after acceptable
documentation is provided to the Department.
(11) Erosion control structures or devices
determined to be damaged less than eighty percent above grade through June 30,
1995, sixty-six and two-thirds percent above grade from July 1, 1995, through
June 30, 2005, or fifty percent above grade after June 30, 2005, pursuant to
R.30-14(D)(3)(c) and
(d) may be repaired after acceptable
documentation is provided to the Department.
B. Notification of Emergency Orders to the Department:
(1) As required in R.30-5.A(1) and
R.30-15.H, emergency orders for sandbags, sand scraping or renourishment may be
issued by an appointed official of a county or municipality or of the state
provided:
(a) the emergency conditions conform
with the definition of emergency in Section
48-39-10(U);
(b) the order is issued to protect health,
safety or resources of the residents of the State as provided in Section
48-39-10(U);
and
(c) the order is issued in
accordance with R.30-15.H.
(2) The Department must be notified of the
issuance of an emergency order by an appointed official of a county or
municipality or of the state. Notification to the Department must be made in
writing prior to commencement of the activity, if possible, and must state the
following:
(a) the nature of the
emergency;
(b) the substance of the
emergency order;
(c) the time the
order will be issued, or if circumstances preclude prior notice, when the order
was issued;
(d) the name of the
local official executing the order and the authority under which that person is
acting;
(e) the location of the
activity ordered;
(f) the estimate
of when such order shall be withdrawn.
(3) The Department shall be notified within
seventy-two hours of the issuance of the emergency order. If the Department is
not notified the official issuing such order or ordering such emergency action
shall be in violation of the Act and these rules and regulations. Within
seventy-two hours after the issuance of the emergency order, the official
ordering the emergency action shall put the elements under R.30-5.B(2)(a)-(f)
in writing and file them with the Department.
(4) The official issuing the emergency order
shall be deemed in violation of the Act if the emergency conditions do not
conform with the definition of emergency in Section
48-39-10(U).
C. Emergency Repairs to any Existing Bank and Dike or Fishing Pier: As in A(6) above, notice by telephone, telegram or radio of emergency repairs to any existing bank, dike or fishing pier must be given to the Department within seventy-two hours from the onset of needed repairs. Within five days after the commencement of repairs, written notification must be filed with the Department. If such notification is not received, the person(s) performing the work will be in violation of the Act and these rules and regulations.
D. Normal Maintenance and Repair: Normal maintenance and repair applies only to work on a structure which has been previously permitted or is grandfathered or exempted and is still generally intact and functional in its present condition. The work may only extend to the original dimensions of the structure, and any expansion, additions, or major rebuilding will require either a Department permit or documentation to and written approval from the Department.
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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