South Carolina Code of Laws
Chapter 39 - Coastal Tidelands And Wetlands
Section 48-39-45. Coastal Zone Management Advisory Council created; membership; duties.

(A)(1) On July 1, 2010, there is created the Coastal Zone Management Advisory Council that consists of fifteen members, which shall act as an advisory council to the department's Office of Ocean and Coastal Resources Management.
(2) The members of the council must be constituted as follows:
(a) eight members, one from each coastal zone county, to be elected by a majority vote of the members of the House of Representatives and a majority vote of the Senate members representing the county from three nominees submitted by the governing body of each coastal zone county, each House or Senate member to have one vote; and
(b) seven members, one from each of the congressional districts of the State, to be elected by a majority vote of the members of the House of Representatives and the Senate representing the counties in that district, each House or Senate member to have one vote.
(3) The council shall elect a chairman, vice chairman, and other officers it considers necessary.
(B) Terms of all members are for four years and until successors are appointed and qualified. A vacancy must be filled in the original manner of selection for the remainder of the unexpired term.
(C) Members of the council may not be compensated for their services and are not entitled to mileage, subsistence, or per diem as provided by law for members of state boards, committees, and commissions and are not entitled to reimbursement for actual and necessary expenses incurred in connection with and as a result of their service on the council.
(D)(1) The council shall provide advice and counsel to the staff of the Office of Ocean and Coastal Resources Management in implementing the provisions of the South Carolina Coastal Zone Management Act. The department and the public may bring a matter concerning implementation of the provisions of this act by operation of its permitting and certification process, including the promulgation of regulations, to the council's attention.
(2) The council shall meet at the call of the chairman.
(3) Advice and counsel of the council is not binding on the department.
HISTORY: 2010 Act No. 285, Section 2, eff upon approval (became law without the Governor's signature on June 28, 2010); 2012 Act No. 279, Section 19, eff June 26, 2012.

Editor's Note
2012 Act No. 279, Section 33, provides as follows:
"Due to the congressional redistricting, any person elected or appointed to serve, or serving, as a member of any board, commission, or committee to represent a congressional district, whose residency is transferred to another district by a change in the composition of the district, may serve, or continue to serve, the term of office for which he was elected or appointed; however, the appointing or electing authority shall appoint or elect an additional member on that board, commission, or committee from the district which loses a resident member as a result of the transfer to serve until the term of the transferred member expires. When a vacancy occurs in the district to which a member has been transferred, the vacancy must not be filled until the full term of the transferred member expires. Further, the inability to hold an election or to make an appointment due to judicial review of the congressional districts does not constitute a vacancy."
Effect of Amendment
The 2012 amendment substituted "fifteen" for "fourteen" in subsection (A)(1), and in subsection (A)(2)(b) substituted "seven" for "six".

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.