Title 48, Environmental Protection and Conservation

(A) Any person violating any provision of this chapter is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than six months or fined not more than five thousand dollars, or both, for the first offense, and imprisoned not more than one year, or fined not mo…

Any applicant whose permit application has been finally denied, revoked, suspended or approved subject to conditions of the department, or any person adversely affected by the permit, may obtain judicial review as provided in Chapter 23 of Title 1, or may file a petition in the c…

Nothing in this chapter shall affect the status of the title of the State or any person to any land below the mean highwater mark. The State shall in no way be liable for any damages as a result of the erection of permitted works.

The General Assembly finds that: (A) The coastal zone is rich in a variety of natural, commercial, recreational and industrial resources of immediate and potential value to the present and future well-being of the State. (B) The increasing and competing demands upon the lands and…

(A) The department is the only state agency with authority to permit or deny any alteration or utilization within the critical area except for the exemptions granted under Section 48-39-130(D) and the application for a permit must be acted upon within the time prescribed by this …

(A) Any person claiming an interest in tidelands which, for the purpose of this section, means all lands except beaches in the Coastal zone between the mean high-water mark and the mean low-water mark of navigable waters without regard to the degree of salinity of such waters, ma…

The General Assembly finds that: (1) The beach/dune system along the coast of South Carolina is extremely important to the people of this State and serves the following functions: (a) protects life and property by serving as a storm barrier which dissipates wave energy and contri…

In recognition of its stewardship responsibilities, the policy of South Carolina is to: (1) protect, preserve, restore, and enhance the beach/dune system, the highest and best uses of which are declared to provide: (a) protection of life and property by acting as a buffer from hi…

As used in this chapter: (1) Erosion control structures or devices include: (a) seawall: a special type of retaining wall that is designed specifically to withstand normal wave forces; (b) bulkhead: a retaining wall designed to retain fill material but not to withstand wave force…

(A) A policy of beach preservation is established. The department must implement this policy and utilize the best available scientific and historical data in the implementation. The department must establish a baseline that parallels the shoreline for each standard erosion zone a…

(A) No new construction or reconstruction is allowed seaward of the baseline except: (1) walkways no larger in width than six feet and constructed of wood or other department-approved wood-like material; (2) small wooden decks no larger than one hundred forty-four square feet and…

(A) The General Assembly declares the basic state policy in the implementation of this chapter is to protect the quality of the coastal environment and to promote the economic and social improvement of the coastal zone and of all the people of the State. (B) Specific state polici…

A local governing body, if it notifies the department before July 1, 1990, may exempt from the provisions of Section 48-39-290, relating to reconstruction and removal of erosion control devices, the shorelines fronting the Atlantic Ocean under its jurisdiction where coastal erosi…

(A) A person having a recorded interest or interest by operation of law in or having registered claim to land seaward of the baseline or setback line which is affected by the prohibition of construction or reconstruction may petition the circuit court to determine whether the pet…

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 of new vegetation where possible, for …

(A) The department's responsibilities include the creation of a long-range and comprehensive beach management plan for the Atlantic Ocean shoreline in South Carolina. The plan must include all of the following: (1) development of the data base for the state's coastal areas to pro…

Thirty days after the initial adoption by the department of setback lines, a contract of sale or transfer of real property located in whole or in part seaward of the setback line or the jurisdictional line must contain a disclosure statement that the property is or may be affecte…

Funding for local governments to provide for beachfront management must be distributed in a fair and equitable manner. Consideration must be given to the size of the locality, the need for beach management in the area, the cost/benefits of expenditures in that area, and the best …

Any funds reimbursed to nonfederal project sponsors under the terms of a Local Cooperative Agreement (LCA) with the Army Corps of Engineers for a federally cost-shared beach renourishment project, where the reimbursement is for credit to the nonfederal sponsor for federally appro…

The Coastal Division of the Department of Health and Environmental Control is created July 1, 1994.

(A) The local governments must prepare by July 1, 1991, in coordination with the department, a local comprehensive beach management plan which must be submitted for approval to the department. The local comprehensive beach management plan, at a minimum, must contain all of the fo…

A permit is not required for an activity specifically authorized in this chapter. However, the department may require documentation before the activity begins from a person wishing to undertake an authorized construction or reconstruction activity. The documentation must provide …

The provisions of Sections 48-39-250 through 48-39-355 do not apply to an area which is at least one-half mile inland from the mouth of an inlet.

(A)(1) On July 1, 2010, there is created the Coastal Zone Management Advisory Council that consists of fifteen members, which shall act as an advisory council to the department's Office of Ocean and Coastal Resources Management. (2) The members of the council must be constituted …

The South Carolina Department of Health and Environmental Control shall have the following powers and duties: (A) To employ the CDPS consisting of, but not limited to, the following professional members: An administrator and other staff members to include those having expertise i…

When requested by the department, the South Carolina Department of Natural Resources shall provide additional staff for the department, including any additional enforcement officers, necessary to administer the provisions of this chapter and for which funds are available.

(A) All other state and local agencies and commissions shall cooperate with the department in the administration of enforcement of this chapter. All agencies currently exercising regulatory authority in the coastal zone shall administer such authority in accordance with the provi…

The department shall develop a comprehensive coastal management program, and thereafter have the responsibility for enforcing and administering the program in accordance with the provisions of this chapter and any rules and regulations promulgated under this chapter. In developin…

(A) In order to promote safe and clean litter-free beaches, the department shall develop a program to be known as "Adopt-A-Beach", whereby an industry or a private civic organization may adopt one mile, or other feasible distance, of South Carolina beach for the sole purpose of c…

(A) The department, on thirty days' notice, shall hold statewide public hearings on the proposed coastal zone management plan to obtain the views of all interested parties, particularly all interested citizens, agencies, local governments, regional organizations and port authorit…

This chapter may be cited as the "South Carolina Beach Restoration and Improvement Trust Act".

As used in this chapter: (1) "Trust fund" means the South Carolina Beach Restoration and Improvement Trust Fund. (2) "Office" means the Office of Ocean and Coastal Resource Management of the Department of Health and Environment Control. (3) "Beach renourishment" means the artific…

There is established the South Carolina Beach Restoration and Improvement Trust Fund for the purposes of: (1) providing matching funds to qualifying municipal and county governments for the restoration of eroded public beaches and improvement and enhancement of public beach acces…

(A) The trust fund must be funded by annual appropriations from general tax revenues. The appropriated monies must be credited to the trust fund account and maintained separately from the general fund and other funds. The monies credited to the account may be retained and carried…

(A) Beginning in fiscal year 1999-2000 and each fiscal year after that, the General Assembly must appropriate from general tax revenues an amount it considers appropriate for credit to the trust fund. The monies must be designated for funding: (1) public beach restoration and mai…

(A) The initial capitalization of the trust fund in fiscal year 1999-2000 must include an additional appropriation of an amount considered appropriate by the General Assembly from general tax revenues for credit to the trust fund and designated for use to establish an emergency r…

(A) The accumulated data from annual monitoring and evaluation of erosion rates and hazard areas for all beach areas as required of the office in Sections 48-39-280, 48-39-320, and 48-39-330 must be analyzed and used in the determination of priorities of need for storm damage red…

(A) The Governor of the State of South Carolina is hereby authorized and directed, for and in the name of the State, to join the organization of states known as the Interstate Oil Compact Commission, created and established with the consent of Congress by the Interstate Compact t…

Unless the context otherwise requires, the terms defined in this section shall have the following meaning when used in this chapter: (A) "Waste" means and includes: (1) physical waste, as that term is generally understood in the oil and gas industry; (2) the inefficient, excessiv…

All rules and regulations adopted by the Department of Health and Environmental Control, as provided for in this chapter, must be approved by the General Assembly before they shall be effective; provided, however, no regulation approved by the General Assembly shall conflict, at …

The waste of oil and gas and the pollution of the water, air or land is prohibited.

(A) This chapter shall apply to all lands however owned, including the submerged lands, both inland and offshore, tidelands and wetlands located within the jurisdictional limits of the State and any lands owned or administered by any government or any agency or political subdivis…

The department shall require that all persons who explore for oil or gas within the jurisdiction of the State of South Carolina obtain an exploration permit from the department. The department may include in the permits such conditions and restrictions as the department deems to …

All provisions of this article regulating the leasing for, exploration for, drilling for, transportation of, and production of oil and gas and their products apply to geothermal resources to the extent possible. The provisions of this article do not apply to wells drilled for wat…

(A) Whenever the department limits the amount of oil that may be produced in the State, the department shall allocate the allowable production among the pools on a reasonable basis. (B) Whenever the department limits the total amount of oil, gas, or condensate that may be produce…

(A) The department may, upon application or on its own motion and after a hearing, establish spacing units for each pool. (B) An order establishing spacing units shall specify the size and shape of the units, which shall be such as will, in the opinion of the department, result i…