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 high tides, storm surge, hurricanes, and normal erosion;
(b) a source for the preservation of dry sand beaches which provide recreation and a major source of state and local business revenue;
(c) an environment which harbors natural beauty and enhances the well-being of the citizens of this State and its visitors;
(d) natural habitat for indigenous flora and fauna including endangered species;
(2) create a comprehensive, long-range beach management plan and require local comprehensive beach management plans for the protection, preservation, restoration, and enhancement of the beach/dune system. These plans must promote wise use of the state's beachfront;
(3) severely restrict the use of hard erosion control devices to armor the beach/dune system and to encourage the replacement of hard erosion control devices with soft technologies as approved by the department which will provide for the protection of the shoreline without long-term adverse effects;
(4) encourage the use of erosion-inhibiting techniques which do not adversely impact the long-term well-being of the beach/dune system;
(5) promote carefully planned nourishment as a means of beach preservation and restoration where economically feasible;
(6) preserve existing public access and promote the enhancement of public access to assure full enjoyment of the beach by all our citizens including the handicapped and encourage the purchase of lands adjacent to the Atlantic Ocean to enhance public access;
(7) involve local governments in long-range comprehensive planning and management of the beach/dune system in which they have a vested interest;
(8) establish procedures and guidelines for the emergency management of the beach/dune system following a significant storm event.
HISTORY: 1990 Act No. 607, Section 1; 1993 Act No. 181, Section 1235; 2018 Act No. 173 (H.4683), Section 6, eff May 3, 2018.
Editor's Note
2018 Act No. 173, Sections 1 and 8, provide as follows:
"SECTION 1. This act must be known and may be cited as the 'Beachfront Management Reform Act'."
"SECTION 8. The Department of Health and Environmental Control must promulgate regulations to implement the provisions of this act, including regulations that the department will use to locate a primary oceanfront sand dune as defined by Section 48-39-10, by January 14, 2020."
Effect of Amendment
2018 Act No. 173, Section 6, in (2), in the second sentence, deleted "to include a gradual retreat from the system over a forty-year period" following "state's beachfront".
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.