South Carolina Code of Laws
Chapter 39 - Coastal Tidelands And Wetlands
Section 48-39-70. Cooperation of other agencies and commissions; administration of oaths; subpoenas.

(A) All other state and local agencies and commissions shall cooperate with the department in the administration of enforcement of this chapter. All agencies currently exercising regulatory authority in the coastal zone shall administer such authority in accordance with the provisions of this chapter and rules and regulations promulgated thereunder.
(B) The department, in the discharge of its duties may administer oaths and affirmations, take depositions and issue subpoenas to compel the attendance of witnesses and the production of books, papers, correspondence, memoranda and other records deemed necessary in connection with the work of the department. The only exception shall be, that information considered proprietary by the applicant. If in the opinion of the department a proper decision cannot be rendered without the submission of such proprietary information, the department shall be empowered to execute an agreement on confidentiality with the applicant and such information shall not be made a part of the public record of current or future proceedings.
(C) In case the contumacy by any person or refusal to obey a subpoena issued to any person, any circuit court of this State or circuit judge thereof within the jurisdiction of which such person guilty of contumacy or refusal to obey is found, resides or transacts business, upon application by the department, may issue to such person an order requiring him to appear before the department to produce evidence if so ordered or give testimony touching the matter under investigation. Any failure to obey an order of the court may be punished as a contempt hereof. Subpoenas shall be issued in the name of the department and signed by the department director. Subpoenas shall be issued to such persons as the department may designate.
HISTORY: 1977 Act No. 123, Section 7; 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 Repealed.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.