The circuit court of the county in which the affected critical area or any part thereof lies shall have jurisdiction to restrain a violation of this chapter at the suit of the department, the Attorney General or any person adversely affected. In the event the affected critical area lies in more than one county, jurisdiction shall be in the circuit court of any county in which any part of the area lies. In the same action the circuit court having jurisdiction over the affected area may require such area to be restored to its original condition, if possible, and environmentally desirable. In the alternative, the department may complete the restoration at the expense of the person altering the area in which case suit for recovery of the amount so expended may be brought in any court having jurisdiction to restrain a violation. No bond shall be required as a condition of the granting of a temporary restraining order under this section, except that the court may in its discretion require that a reasonable bond be posted by any person requesting the court to restrain a violation of this chapter.
HISTORY: 1977 Act No. 123, Section 16; 1993 Act No. 181, Section 1235.
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 48-39-150. 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.