South Carolina General Assembly
121st Session, 2015-2016

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H. 4215

STATUS INFORMATION

General Bill
Sponsors: Reps. Finlay, McCoy, Delleney, Lucas, Newton, Pitts, Limehouse, Loftis and Burns
Document Path: l:\council\bills\nbd\11118cz15.docx
Companion/Similar bill(s): 788

Introduced in the House on May 21, 2015
Introduced in the Senate on April 28, 2016
Currently residing in the Senate Committee on Agriculture and Natural Resources

Summary: Managed Tidal Impoundment Preservation Act

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   5/21/2015  House   Introduced and read first time (House Journal-page 6)
   5/21/2015  House   Referred to Committee on Agriculture, Natural Resources 
                        and Environmental Affairs (House Journal-page 6)
   4/13/2016  House   Member(s) request name added as sponsor: Limehouse, 
                        Loftis, Burns
   4/21/2016  House   Committee report: Favorable Agriculture, Natural 
                        Resources and Environmental Affairs 
                        (House Journal-page 3)
   4/26/2016  House   Read second time (House Journal-page 182)
   4/26/2016  House   Roll call Yeas-96  Nays-0 (House Journal-page 182)
   4/27/2016  House   Read third time and sent to Senate 
                        (House Journal-page 21)
   4/28/2016  Senate  Introduced and read first time (Senate Journal-page 6)
   4/28/2016  Senate  Referred to Committee on Agriculture and Natural 
                        Resources (Senate Journal-page 6)

View the latest legislative information at the website

VERSIONS OF THIS BILL

5/21/2015
4/21/2016

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

COMMITTEE REPORT

April 21, 2016

H. 4215

Introduced by Reps. Finlay, McCoy, Delleney, Lucas, Newton, Pitts, Limehouse, Loftis and Burns

S. Printed 4/21/16--H.

Read the first time May 21, 2015.

            

THE COMMITTEE ON AGRICULTURE, NATURAL

RESOURCES AND ENVIRONMENTAL AFFAIRS

To whom was referred a Bill (H. 4215) to amend Section 48-39-150, as amended, Code of Laws of South Carolina, 1976, relating to the approval of permits to alter critical areas, etc., respectfully

REPORT:

That they have duly and carefully considered the same and recommend that the same do pass:

DAVID R. HIOTT for Committee.

            

A BILL

TO AMEND SECTION 48-39-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPROVAL OF PERMITS TO ALTER CRITICAL AREAS, SO AS TO ENACT THE "MANAGED TIDAL IMPOUNDMENT PRESERVATION ACT", BY EXEMPTING PROPERTY THAT IS DEEMED ELIGIBLE UNDER A UNITED STATES ARMY CORP OF ENGINEERS' GENERAL PERMIT FROM PERMITTING REQUIREMENTS IN CERTAIN CIRCUMSTANCES AND GRANTING ENFORCEMENT AUTHORITY TO THE COASTAL DIVISION OF THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    This act must be known and may be cited as the "Managed Tidal Impoundment Preservation Act".

SECTION    2.    Section 48-39-150 of the 1976 Code, as last amended by Act 41 of 2011, is further amended by adding an appropriately lettered subsection to read:

"( )(1)    A property that is deemed eligible under a general permit issued by the United States Army Corp of Engineers is exempt from the permitting requirements set forth in this chapter for routine, normal, or emergency maintenance or repair activities pursuant to the general permit within currently functioning:

(a)    tidal impoundment fields located in tidal navigable waters of the United States, as the term is used in Section 10 of the Rivers and Harbors Act of 1899; or

(b)    adjacent nontidal fields that rely on the outgoing tide to drain, where the water regimes of the fields are currently being manipulated for wildlife management or where the fields have all of the necessary embankments and structures in place to allow for the manipulation of the water regimes for wildlife management.

(2)    The division may enforce the conditions of the general permit issued by the United States Army Corp of Engineers in the same manner and with the same authority as if the division had approved the permit pursuant to the provisions of this chapter."

SECTION    3.    The intent of the General Assembly is to make this act applicable to property deemed eligible under the United States Army Corps of Engineers, Charleston District's Managed Tidal Impoundment General Permit Number SAC-2011-1157 and its successors.

SECTION    4.    This act takes effect upon approval by the Governor.

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This web page was last updated on April 29, 2016 at 10:11 AM