South Carolina Code of Laws
Chapter 39 - Coastal Tidelands And Wetlands
Section 48-39-140. Submission of development plans; application for permits.

(A) Any person who wishes may submit development plans to the department for preliminary review. If a permit is necessary, the department will make every effort to assist the applicant in expediting the permit application.
(B) Each application for a permit shall be filed with the department and shall include:
(1) Name and address of the applicant.
(2) A plan or drawing showing the applicant's proposal and the manner or method by which the proposal shall be accomplished.
(3) A plat of the area in which the proposed work will take place.
(4) A copy of the deed, lease or other instrument under which the applicant claims title, possession or permission from the owner of the property, to carry out the proposal.
(5) A list of all adjoining landowners and their addresses or a sworn affidavit that with due diligence such information is not ascertainable.
(C) The department within thirty days of receipt of an application for a permit shall notify, in writing, interested agencies, all adjoining landowners, local government units in which the land is located and other interested persons of the application and shall indicate the nature of the applicant's proposal. Public notice shall be given at least once by advertisement in state and local newspapers of general circulation in the area concerned. The department may hold a public hearing on applications which have any effect on a critical area if it deems a hearing necessary. The public hearing shall be held in the county where the land is located and if in more than one county the department shall determine in which county to hold the hearing or may hold hearings in both counties.
Provided, all interested agencies, all adjoining landowners, local government units and other interested persons shall have thirty days to file a written comment to such application after receipt of any such notice by the department.
HISTORY: 1977 Act No. 123, Section 14; 1993 Act No. 181, Section 1235.

Structure South Carolina Code of Laws

South Carolina Code of Laws

Title 48 - Environmental Protection and Conservation

Chapter 39 - Coastal Tidelands And Wetlands

Section 48-39-10. Definitions.

Section 48-39-20. Legislative declaration of findings.

Section 48-39-30. Legislative declaration of state policy.

Section 48-39-35. Coastal Division created.

Section 48-39-40. Repealed.

Section 48-39-45. Coastal Zone Management Advisory Council created; membership; duties.

Section 48-39-50. Powers and duties of department.

Section 48-39-60. Department of Natural Resources to provide additional personnel.

Section 48-39-70. Cooperation of other agencies and commissions; administration of oaths; subpoenas.

Section 48-39-80. Development of coastal management program.

Section 48-39-85. "Adopt-a-Beach" program.

Section 48-39-90. Public hearings on management plan.

Section 48-39-100. Plan developed in cooperation with local governments.

Section 48-39-110. Submission of plan by State Ports Authority.

Section 48-39-120. Development of beach erosion control policy; issuance of permits for erosion control structures; removal of structures; limitation on development of property.

Section 48-39-130. Permits required to utilize critical areas.

Section 48-39-135. Protection of certain golf courses seaward of the baseline.

Section 48-39-140. Submission of development plans; application for permits.

Section 48-39-145. Application fee for permit to alter critical area; special provision as to construction of marinas and commercial dock facilities.

Section 48-39-150. Approval or denial of permits; appeal to council; exceptions.

Section 48-39-160. Violations; jurisdiction of courts.

Section 48-39-170. Penalties.

Section 48-39-180. Judicial review of permit determinations.

Section 48-39-190. Lands not affected by chapter.

Section 48-39-210. Department only state agency authorized to permit or deny alterations or utilizations within critical areas.

Section 48-39-220. Legal action to determine interest in tidelands.

Section 48-39-250. Legislative findings regarding the coastal beach/dune system.

Section 48-39-260. Policy statement.

Section 48-39-270. Definitions.

Section 48-39-280. Beach preservation policy established; notice requirements; appeals procedures.

Section 48-39-285. Mandatory establishment cycle baseline and setback in effect until new lines established.

Section 48-39-290. Restrictions on construction or reconstruction seaward of the baseline or between the baseline and the setback line; exceptions; special permits.

Section 48-39-300. Local governments given authority to exempt certain erosion control structures from restrictions.

Section 48-39-305. Judicial determination of ownership and whether construction prohibition applies or requires compensation; burden of proof.

Section 48-39-310. Prohibition of destruction of any beach or dune vegetation seaward of setback line.

Section 48-39-320. Comprehensive beach management plan; pilot projects to address beach and dune erosion.

Section 48-39-330. Disclosure statement.

Section 48-39-340. Distribution of funding.

Section 48-39-345. Coastal Division to administer funds reimbursed to nonfederal project sponsors under local cooperative agreement with army corps of engineers for cost-shared beach renourishment project.

Section 48-39-350. Local comprehensive beach management plan.

Section 48-39-355. Documentation of authorized activity.

Section 48-39-360. Application of chapter.