(A) The department may charge an administrative fee upon application for a permit for alteration of a critical area as defined in Section 48-39-10. Applications for permits which are noncommercial
onindustrial in nature and provide personal benefits that have no connection with a commercial/industrial enterprise must pay an administrative fee of two hundred fifty dollars, unless the application is for a dock one hundred feet or less in length, in which case the fee must be one hundred and fifty dollars. Applications for amendments or modifications of permits that must be placed on public notice must be charged an administrative fee of one hundred dollars. The department may raise or lower the fee by regulation after complying with the requirements of the Administrative Procedures Act. A reasonable fee, determined by the department, must be charged for permit applications when the planned or ultimate purpose of the activity is commercial or industrial in nature.
(B) Permit applicants for construction of marina and commercial dock facilities pursuant to this section are not required to demonstrate a need for the facilities before consideration of the application.
(C) For permit applications to construct private recreational docks on the Atlantic Intracoastal Waterway Federal Navigation Project in a county where more than eighty percent of the Atlantic Intracoastal Waterway is outside of the critical area, the department shall defer to the United States Army Corps of Engineers in determining the total allowable dock square footage of the structure.
HISTORY: 1982 Act No. 466, Part II, Section 19; 1993 Act No. 181, Section 1235; 1994 Act No. 497, Part II, Section 116A; 2002 Act No. 248, Section 1; 2019 Act No. 29 (H.3699), Section 1, eff May 13, 2019.
Effect of Amendment
2019 Act No. 29, Section 1, added (C), authorizing the Department of Health and Environmental Control to defer to the United States Army Corps of Engineers in determining the size of a private recreational dock in certain circumstances.
Structure 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 48-39-45. 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 48-39-130. 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 48-39-180. Judicial review of permit determinations.
Section 48-39-190. Lands not affected by chapter.
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 48-39-330. Disclosure statement.
Section 48-39-340. Distribution of funding.
Section 48-39-350. Local comprehensive beach management plan.