South Carolina Code of Laws
Chapter 39 - Coastal Tidelands And Wetlands
Section 48-39-30. Legislative declaration of state policy.

(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 policies to be followed in the implementation of this chapter are:
(1) To promote economic and social improvement of the citizens of this State and to encourage development of coastal resources in order to achieve such improvement with due consideration for the environment and within the framework of a coastal planning program that is designed to protect the sensitive and fragile areas from inappropriate development and provide adequate environmental safeguards with respect to the construction of facilities in the critical areas of the coastal zone;
(2) To protect and, where possible, to restore or enhance the resources of the State's coastal zone for this and succeeding generations;
(3) To formulate a comprehensive tidelands protection program;
(4) To formulate a comprehensive beach erosion and protection policy including the protection of necessary sand dunes.
(5) To encourage and assist state agencies, counties, municipalities and regional agencies to exercise their responsibilities and powers in the coastal zone through the development and implementation of comprehensive programs to achieve wise use of coastal resources giving full consideration to ecological, cultural and historic values as well as to the needs for economic and social development and resources conservation.
(C) In the implementation of the chapter, no government agency shall adopt a rule or regulation or issue any order that is unduly restrictive so as to constitute a taking of property without the payment of just compensation in violation of the Constitution of this State or of the United States.
(D) Critical areas shall be used to provide the combination of uses which will insure the maximum benefit to the people, but not necessarily a combination of uses which will generate measurable maximum dollar benefits. As such, the use of a critical area for one or a combination of like uses to the exclusion of some or all other uses shall be consistent with the purposes of this chapter.
(E) It shall be the policy of the State to coordinate the coastal planning and management program effort with other coastal states and organizations of coastal states.
HISTORY: 1977 Act No. 123, Section 2; 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.