(A) For the privilege of maintaining a structure in its current location, the owner of the structure must obtain a permit for a fee of fifty dollars. The permit fee must be credited to the fund.
(B) To be issued a permit pursuant to this section an owner must:
(1) make a written request for a permit from the department containing:
(a) a sworn statement from all of the owners of the structure acknowledging ownership;
(b) the names and addresses of all owners;
(c) a detailed description of the structure;
(d) the structure's location. To identify the structure's location, the owner must use latitude and longitude or mark it on a United States Geological Survey topographic map; and
(2) establish to the satisfaction of the department that the structure does not present a hazard to navigation nor encroach upon private property or a wildlife management area.
(C) Upon the verification of the information contained in the written request and the department's satisfaction that the structure does not present a hazard to navigation nor encroach upon private property or a wildlife management area, the department shall issue a permit to the owner that must be prominently displayed on or about the structure. The permit must be conditioned expressly upon the owner being responsible for removal and all costs associated with removal. The department may not issue permits to applications postmarked or received later than ninety days after the effective date of this chapter.
(D) A permit may be revoked by the department if the:
(1) structure is moved from its permitted location for use in another location;
(2) owner fails to abide by any conditions upon which the permit was issued;
(3) structure becomes a hazard to navigation or encroaches on private property or a wildlife management area;
(4) structure is abandoned or becomes unusable; or
(5) owner transfers or attempts to transfer his permit, title, or any interest in the structure to another person.
HISTORY: 2007 Act No. 33, Section 1, eff upon approval (became law without the Governor's signature on May 24, 2007).
Structure South Carolina Code of Laws
Title 49 - Waters, Water Resources and Drainage
Chapter 30 - Public Waters Nuisance Abatement Act
Section 49-30-10. Citation of act.
Section 49-30-20. Legislative intent.
Section 49-30-30. Definitions.
Section 49-30-40. Public Waters Nuisance Abatement Fund.
Section 49-30-50. Permit to maintain existing structure.
Section 49-30-60. Permit application; fee; conditions; time for filing; grounds for revocation.
Section 49-30-70. Identification and removal of unpermitted structures; notice of proceeding.
Section 49-30-80. Removal of unpermitted structures; FERC licensees; recovery of costs.
Section 49-30-90. Magistrate court jurisdiction; offenses and penalties.