H*3713 Session 107 (1987-1988)
H*3713(Rat #0742, Act #0634 of 1988) General Bill, By H.E. Pearce, K.E. Bailey,
L.E. Bennett, E.D. Foxworth, F. Gilbert, T.T. Mappus, R.N. McLellan,
L. Phillips, J.I. Rogers, Sharpe, Sheheen, C.L. Sturkie, C.C. Wells and
J.M. White
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Sections
48-39-270 through 48-39-360 so as to provide for beach protection through a
forty-year program to restore the beach/dune system to its natural dynamic
equilibrium; to amend Section 48-39-10, relating to definitions pertaining to
coastal tidelands and wetlands, so as to revise the definition of "critical
area"; and to amend Section 48-39-130, relating to permits to utilize critical
areas, so as to revise the exception for emergency repairs without a permit.
02/09/88 House Introduced and read first time HJ-992
02/09/88 House Referred to Committee on Agriculture and Natural
Resources HJ-992
03/09/88 House Committee report: Favorable with amendment
Agriculture and Natural Resources HJ-1822
03/15/88 House Special order, set for following 3rd reading of
Budget (Under H 3973) HJ-2107
03/16/88 House Amended HJ-2139
03/16/88 House Read second time HJ-2140
03/17/88 House Read third time and sent to Senate HJ-2163
03/17/88 Senate Introduced and read first time SJ-59
03/17/88 Senate Referred to Committee on Agriculture and Natural
Resources SJ-59
04/26/88 Senate Committee report: Favorable with amendment
Agriculture and Natural Resources SJ-21
04/26/88 Senate Special order SJ-21
04/28/88 Senate Debate interrupted SJ-44
05/03/88 Senate Debate interrupted SJ-48
05/04/88 Senate Amended SJ-17
05/04/88 Senate Read second time SJ-44
05/04/88 Senate Ordered to third reading with notice of
amendments SJ-44
05/05/88 Senate Special order SJ-42
05/11/88 Senate Interrupted debate after H-3880 and H-3882 SJ-2
05/18/88 Senate Amended SJ-23
05/18/88 Senate Read third time SJ-24
05/18/88 Senate Returned SJ-24
05/19/88 House Non-concurrence in Senate amendment HJ-3879
05/24/88 Senate Senate insists upon amendment and conference
committee appointed Sens. Doar, Hayes, Long SJ-24
05/24/88 House Conference committee appointed Pearce, Sturkie &
McEachin HJ-3920
06/01/88 House Free conference powers granted HJ-4565
06/01/88 House Free conference committee appointed Pearce,
Sturkie & McEachin HJ-4566
06/01/88 House Free conference report received HJ-4567
06/01/88 House Free conference report adopted HJ-4570
06/01/88 Senate Free conference powers granted SJ-60
06/01/88 Senate Free conference committee appointed Sens. Doar,
Hayes, Long SJ-60
06/01/88 Senate Free conference report received SJ-60
06/01/88 Senate Free conference report adopted SJ-60
06/01/88 House Ordered enrolled for ratification HJ-4591
06/02/88 Ratified R 742
06/07/88 Signed By Governor
06/07/88 Effective date 07/01/88
06/07/88 Act No. 634
08/01/88 Copies available
(A634, R742, H3713)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS
48-39-270 THROUGH 48-39-360 SO AS TO PROVIDE FOR BEACH PROTECTION THROUGH A
FORTY-YEAR PROGRAM TO RESTORE THE BEACH/DUNE SYSTEM TO ITS NATURAL DYNAMIC
EQUILIBRIUM; TO AMEND SECTION 48-39-10, RELATING TO DEFINITIONS PERTAINING TO
COASTAL TIDELANDS AND WETLANDS, SO AS TO REVISE THE DEFINITION OF "CRITICAL
AREA"; AND TO AMEND SECTION 48-39-130, RELATING TO PERMITS TO UTILIZE
CRITICAL AREAS, SO AS TO REVISE THE EXCEPTION FOR EMERGENCY REPAIRS WITHOUT A
PERMIT.
Be it enacted by the General Assembly of the State of South Carolina:
Findings
SECTION 1. The General Assembly finds that:
(1) The beach/dune system along the coast of South Carolina is extremely
important to the people of this State and serves the following functions:
(a) protects life and property by serving as a storm barrier which
dissipates wave energy and contributes to shoreline stability in an economical
and effective manner;
(b) provides the basis for a tourism industry that generates approximately
two-thirds of South Carolina's annual tourism industry revenue which constitutes
a significant portion of the state's economy. The tourists who come to the South
Carolina coast to enjoy the ocean and dry sand beach contribute significantly to
state and local tax revenues;
(c) provides habitat for numerous species of plants and animals, several of
which are threatened or endangered. Waters adjacent to the beach/dune system
also provide habitat for many other marine species;
(d) provides a natural healthy environment for the citizens of South
Carolina to spend leisure time which serves their physical and mental well-being.
(2) Beach/dune system vegetation is unique and extremely important to the
vitality and preservation of the system.
(3) Many miles of South Carolina's beaches have been identified as critically
eroding.
(4) Chapter 39, Title 48, Code of Laws of South Carolina, 1976, Coastal
Tidelands and Wetlands, does not provide adequate jurisdiction to the South
Carolina Coastal Council to enable it to effectively protect the integrity of the
beach/dune system. Consequently, without adequate controls, development has been
unwisely sited too close to the system. This type of development has jeopardized
the stability of the beach/dune system, accelerated erosion, and endangered
adjacent property. It is in both the public and private interests to protect the
system from this unwise development.
(5) The use of armoring in the form of hard erosion control devices such as
seawalls, bulkheads, and rip-rap to protect erosion-threatened structures
adjacent to the beach has not proven effective. These armoring devices have
given a false sense of security to beach front property owners. In reality,
these hard structures, in many instances, have increased the vulnerability of
beach front property to damage from wind and waves while contributing to the
deterioration and loss of the dry sand beach which is so important to the tourism
industry.
(6) Erosion is a natural process which becomes a significant problem for man
only when structures are erected in close proximity to the beach/dune system.
It is in both the public and private interests to afford the beach/dune system
space to accrete and erode in its natural cycle. This space can be provided only
by discouraging new construction in close proximity to the beach/dune system and
encouraging those who have erected structures too close to the system to retreat
from it.
(7) Inlet and harbor management practices, including the construction of
jetties which have not been designed to accommodate the long shore transport of
sand, can deprive downdrift beach/dune systems of their natural sand supply.
Dredging practices which include disposal of beach quality sand at sea also can
deprive the beach/dune system of much-needed sand.
(8) It is in the state's best interest to protect and to promote increased
public access to South Carolina's beaches for out-of-state tourists and South
Carolina residents alike.
(9) Present funding for the protection, management, and enhancement of the
beach/dune system is inadequate.
(10) There is no coordinated state policy for post-storm emergency management
of the beach/dune system.
(11) A long-range comprehensive beach management plan is needed for the entire
coast of South Carolina to protect and effectively manage the beach/dune system,
thus preventing unwise development and minimizing man's adverse impact on the
system.
Policy
SECTION 2. In recognition of its stewardship responsibilities, the policy of
South Carolina is to:
(1) protect, preserve, restore, and enhance the beach/dune system, the highest
and best uses of which are declared to provide:
(a) a barrier and buffer from high tides, storm surge, hurricanes, and
normal erosion;
(b) a public area which serves as a major source of state and local revenue;
(c) habitat for indigenous flora and fauna;
(d) a place which harbors natural beauty;
(2) create a comprehensive, long-range beach management plan and require local
comprehensive beach management plans for the protection, preservation,
restoration, and enhancement of the beach/dune system. These plans must promote
wise use of the state's beach front to include a gradual retreat from the system
over a forty-year period;
(3) severely restrict the use of hard erosion control devices to armor the
beach/dune system and to encourage the replacement of hard erosion control
devices with soft technologies as approved by the Coastal Council which will
provide for the protection of the shoreline without long-term adverse effects;
(4) encourage the use of erosion-inhibiting techniques which do not adversely
impact the long-term well-being of the beach/dune system;
(5) promote carefully planned nourishment as a means of beach preservation and
restoration where economically feasible;
(6) preserve existing public access and promote the enhancement of public
access to assure full enjoyment of the beach by all our citizens including the
handicapped;
(7) involve local governments in long-range comprehensive planning and
management of the beach/dune system in which they have a vested interest;
(8) establish procedures and guidelines for the emergency management of the
beach/dune system following a significant storm event.
Beach protection
SECTION 3. Chapter 39, Title 48 of the 1976 Code is amended by adding:
"Section 48-39-270. As used in this chapter:
(1) Erosion control structures or devices include:
(a) seawall: a special type of retaining wall that is designed specifically
to withstand normal wave forces;
(b) bulkhead: a retaining wall designed to retain fill material but not to
withstand wave forces on an exposed shoreline;
(c) revetment (rip-rap): a sloping structure built along a scarp or in
front of a bulkhead to protect the shoreline or bulkhead from erosion.
(2) Habitable structure includes any structure suitable for habitation or any
structure used for commercial purposes. If a building, as defined in Section
27-31-20, is divided into apartments, as defined in Section 27-31-20, then the
entire building, not the individual apartments, is considered as a single
habitable structure for the purposes of this chapter.
(3) Council means the South Carolina Coastal Council.
(4) Beach nourishment means the artificial establishment and periodic
renourishment of a beach with sand that is compatible with that beach in such a
way as to create a dry sand beach at all stages of the tide.
(5) The beach/dune system delineation includes all land from the mean
high-water mark of the Atlantic Ocean landward to the setback line described in
Section 48-39-280.
(6) A standard erosion zone is a segment of shoreline which is subject to
essentially the same set of coastal processes, has a fairly constant range of
profiles and sediment characteristics, and is not directly influenced by tidal
inlets or associated inlet shoals.
(7) An inlet erosion zone is a segment of shoreline along or adjacent to tidal
inlets which are directly influenced by the inlet and its associated shoals.
(8) Master plan means a document or a map prepared by a developer or a city
as a policy guide to decisions about the physical development of the project or
community.
(9) Planned development means a development plan which has received local
approval for a specified number of dwelling and other units. The siting and size
of structures and amenities are specified or restricted within the approval.
This term specifically references multifamily or commercial projects not
otherwise referenced by the terms master plan or planned unit development.
(10) Planned unit development means a residential, commercial, and industrial
development professionally designed as a unit and approved by local government.
Section 48-39-280. (A) A forty-year retreat policy must be implemented by
defining, utilizing the best available information and data, a baseline along
standard erosion zones and inlet erosion zones and measuring back from the
baseline a distance equal to forty times the annual erosion rate to be determined
as an average over the previous forty years or a comparable period of time.
(1) The baseline for each standard erosion zone is the location of the crest
of an ideal primary ocean front sand dune in that zone. In standard erosion
zones where the shoreline has been altered artificially by the construction of
erosion control devices, groins, or any other manmade alterations, the baseline
is where the crest of an ideal primary ocean front sand dune for that zone would
be located if the shoreline had not been altered. A scientific study by
professional geologists or registered coastal engineers is required to determine
where the baseline is for each standard erosion zone.
(2) For inlets that are not stabilized by jetties, terminal groins, or other
structures, the baselines within inlet erosion zones are determined as the most
landward point of erosion at any time during the past forty years, unless
detailed historical and scientific studies of the inlets and adjacent beaches
indicate that the shorelines are unlikely to return to their former positions.
The studies, to be completed as part of the State Comprehensive Beach Management
Plan, must consider: historical inlet migration, inlet stability, channel and
ebb tidal delta changes, the effects of sediment bypassing on shorelines adjacent
to the inlets, and the effects of nearby beach restoration projects on inlet
sediment budgets.
(3) For inlets that are stabilized by jetties, terminal groins, or other
structures, the baselines within inlet erosion zones are determined in the same
manner as those in standard erosion zones. However, the actual location of the
crest of an ideal primary ocean front sand dune must be taken as the baseline,
not the location had the inlet remained unstabilized.
(B) The setback line must be determined using the baseline for the zones.
(1) For standard erosion zones, the setback line is the line landward of the
baseline that is established at a distance which is forty times the annual
erosion rate as determined by historical and other scientific means and adopted
by the council in the State Comprehensive Beach Management Plan. However, all
setback lines must be established no less than twenty feet landward of the
baseline, even in cases where the shoreline has been stable or has experienced
net accretion over the past forty years.
(2) For inlet erosion zones, the setback line is the line that is
established landward of the baseline at a distance which is forty times the
annual erosion rate as determined by historical and other scientific means and
adopted by the council in the State Comprehensive Beach Management Plan.
However, all setback lines must be established no less than twenty feet landward
of the baseline, even in cases where the shoreline has been stable or has
experienced net accretion over the past forty years.
(C) An interim baseline and the setback line must be established after the
evaluation of all monitoring or scientific analysis by July 1, 1988. Before July
2, 1990, the baseline and the setback line must be reestablished after the
evaluation of all monitoring or scientific analysis and public input. The
baseline and setback line must be reset no later than ten years after July 1,
1990, and must be revised not less than every five years after they are reset and
not more than every ten years after they are reset. It is the responsibility of
the council to revise the baseline and setback line for all the inlet and
standard erosion zones and to transmit this information and otherwise make it
readily available for all members of the public and all state and local entities.
In order to plan for the revisions, the council may stagger the revision of these
zones in any way considered appropriate so long as every zone is revised in
accordance with the time guidelines established in this section. Nothing in this
section allows the seaward movement of the baseline after July 1, 1990. However,
renourishment is desirable, and it is recognized that this process may slow down
or prevent the landward movement of the setback line.
(D) In order to locate the baseline and the setback line, the council shall
establish monumented and controlled survey points in each county fronting the
Atlantic Ocean. The council shall acquire sufficient surveyed topographic
information on which to locate the baseline. Surveyed topographic data must
typically be gathered at two thousand foot intervals. However, in areas subject
to significant near term development and in areas currently developed, the
interval, at the discretion of the council, may be more frequent. The resulting
surveys must locate the crest of the frontal or ideal dune which must be used as
the baseline for computing the forty-year erosion rate. In cases where no
frontal dune exists, a study conducted by registered coastal engineers or
professional geologists, or both, is required to determine where the upland
location of the crest of the frontal dune would be located if the shoreline was
not altered. The council, by regulation, may exempt specifically described
portions of the coastline from the survey requirements of this section when, in
its judgment, the portions of coastline are not subject to erosion or are not
likely to be developed by virtue of local, state, or federal programs in effect
on the coastline which would preclude any significant development, or both.
(E) Any coastal riparian landowner adversely affected who feels that the
setback line, baseline, or erosion rate as adopted is in error, upon submittal
of substantiating evidence, must be granted a review of the setback line,
baseline, or erosion rate, or a review of all three. Any of the requests must
be forwarded to the appropriate committee of the council and thereafter handled
in accordance with the council's regulations on appeals.
Section 48-39-290. (A) If a habitable structure existing on the effective
date of Sections 48-39-270 through 48-39-360 seaward of the setback line is
damaged by natural causes or fire, it may be repaired by the owner if all of the
following requirements are met:
(1) The total square footage of the repaired structure does not exceed the
total square footage of the original structure.
(2) The linear footage along the coast of the repaired structure does not
exceed the linear footage along the coast of the original structure.
(3) The structure, as repaired, is not any further seaward than the original
structure.
(4) All repairs are permitted by local zoning and building authorities.
(B) If a habitable structure existing on the effective date of Sections
48-39-270 through 48-39-360 seaward of the setback line is destroyed beyond
repair by natural causes or fire, it may be replaced by the owner after
notification of the council if all of the following requirements are met:
(1) The total square footage of the replaced structure does not exceed the
total square footage of the original structure.
(2) The linear footage along the coast of the replaced structure does not
exceed the linear footage along the coast of the original structure.
(3) The structure, as replaced, is not any further seaward than the original
structure.
(4) The replaced structure is permitted by local zoning and building
authorities.
(5) Where possible, the replaced structure is moved behind the setback line
or if not possible, then as far landward as possible.
(6) Any erosion control device protecting the
replaced structure conforms to the requirements as set forth in subsection (C)
of this section.
(7) The owner renourishes the beach in front of the property on a yearly
basis with an amount and type of sand to be approved by the council, but which
must not be less than one and one-half times the yearly volume of sand lost due
to erosion. However, the provisions of this item do not apply if the structure
is in an area landward of an ongoing federal, state, or local government
renourishment project.
(8) The reconstruction is not seaward of the baseline.
If a habitable structure is rebuilt pursuant to this section, no recreational
amenity may be built or rebuilt seaward of the setback line. Nothing in this
section allows any rebuilding in the area from the baseline to twenty feet
landward of the baseline. A person having a recorded interest or interest by
operation of law in or registered claim to land within the area from the baseline
to twenty feet landward of the baseline affected by this prohibition may petition
the circuit court to determine whether the petitioner is the owner of the land
in question, or has an interest in it, and in case he is adjudged the owner of
the subject land, or has an interest in it, the court shall determine whether the
rebuilding prohibition so restricts the use of his property as to deprive him of
the practical uses of it, being not otherwise authorized by law, and is therefore
an unreasonable exercise of the police power because the prohibition constitutes
the equivalent of taking without compensation. The burden of proof is on the
petitioner as to ownership and the burden of proof is on the State to prove that
the prohibition is not an unreasonable exercise of the police power. The method
provided in this subsection for the determination of the issue of whether the
prohibition constitutes a taking without compensation is exclusive and the issue
may not be determined in any other proceeding. The court shall enter a judgment
in accordance with the issues. If the judgment is in favor of petitioner, the
order shall require the State to either issue the necessary permits for
reconstruction of the structure or, in the alternative, to provide reasonable
compensation for the loss of use of the land. From a decision of the court
either party may appeal as a matter of right. If the owner decides not to repair
or rebuild the damaged habitable structure, then he is responsible for its
removal. Rebuilding is only allowed when the original structure has been
destroyed beyond repair. Nothing in this section prevents the performance of
normal maintenance or repairs that do not alter the exterior walls of the
structure nor prevents the reconstruction of walkways or other structures
providing access to the beach.
(C) If an erosion control device seaward of the setback line is damaged by a
natural disaster, the owner shall report it to the council. The council then
shall determine if a damage appraisal is needed. If an erosion control device
is determined to be less than fifty percent damaged, it may be repaired in the
original location if permitted by the local zoning and building authority. If
the erosion control device is determined to be damaged or destroyed fifty percent
or more, it must not be repaired but may be replaced by the owner if a permit is
obtained from the local governing body and a permit is obtained from the council
which requires that:
(1) the replaced erosion control device is constructed according to
guidelines to be developed by the council which prohibit vertical erosion control
devices and which require construction according to generally accepted
engineering and scientific principles;
(2) the replacement erosion control device protects a habitable structure
and is moved as
far landward as possible, and the most seaward point of the replaced erosion
control device does not extend further seaward than the original vertical erosion
control device or the landward crest of the original sloping revetment unless
this requirement would result in the replaced erosion control device being
located in a position which would intersect with or damage the existing habitable
structure.
Notwithstanding any other provision of this section, an erosion control device
protecting undeveloped property may be replaced at its original location in order
to provide a continuous structure as it existed before the damage, and the
structure must conform to the guidelines as set forth in item (1) of this
subsection.
If an erosion control device is replaced pursuant to this section, the owner
is required to renourish the beach in front of the property on a yearly basis
with an amount and type of sand to be approved by the council, but which is not
less than one and one-half times the yearly volume of sand lost due to erosion.
However, the provisions of this subsection do not apply if the structure is in
an area landward of an ongoing federal, state, or local government renourishment
project.
Any failure to comply with the requirements of this section results in the
immediate removal of the erosion control device by the owner.
If the owner decides not to repair or replace the damaged erosion control
device then he is responsible for its removal. Effective thirty years after the
effective date of Sections 48-39-270 through 48-39-360, all vertical seawalls
must be replaced with an erosion control device which is constructed according
to guidelines to be developed by the council and which must comply with the
requirements set forth in this subsection unless a registered structural engineer
certifies to the council that the removal of the existing erosion control device
would result in the immediate collapse or damage to existing habitable
structures. Nothing in this paragraph requires the removal of any erosion
control device protecting a public highway which existed on the effective date
of Sections 48-39-270 through 48-39-360. A local governing body may, if it
notifies the council before July 1, 1988, exempt from the provisions of this
subsection the shoreline fronting the Atlantic Ocean under its jurisdiction where
coastal erosion has been shown to be attributed to a federally authorized
navigation project as documented by the findings of a Section 111 Study conducted
under the authority of the Rivers and Harbors Act of 1968, as amended by the
Water Resources Development Act of 1986, and approved by the United States Army
Corps of Engineers. Should the local governing body exempt its shoreline
pursuant to this section, the area of shoreline so exempted shall not be eligible
for any state funds provided for the purposes of beach renourishment.
(D) All original damage appraisals must be conducted by a certified appraiser
retained by the property owner. The council may choose to retain a second
appraisal from a certified appraiser. If the second appraisal varies from the
first appraisal so as to require the replacement of the erosion control device,
a third certified appraiser must be selected by the previous two appraisers with
the costs being shared equally by the property owner and the council. The
percentage of damage determined by the third appraiser is final.
(E) However, the local zoning and building authorities shall notify the
council upon the issuance of any permits required pursuant to this section. The
council shall enforce the provisions of this section pursuant to Section
48-39-50(I).
Section 48-39-300. No new habitable structures are allowed to be constructed,
placed, or otherwise made to appear seaward of the setback line, except for new
habitable structures no larger than a total of five thousand square feet
inclusive of porches, decks, patios, and garages and only on lots platted as of
the effective date of Sections 48-39-270 through 48-39-360. However, no new
habitable structures are allowed in the area from the baseline to twenty feet
landward of the baseline. No new construction is allowed seaward of the
baseline. No new recreational amenities may be constructed, placed, or otherwise
made to appear seaward of the setback line. The new habitable structure must be
constructed according to the local zoning and building codes and is contingent
upon certification being given to the council that the habitable structure shall
be no larger than five thousand square feet inclusive of porches, decks, patios,
and garages and shall be located as far landward on the property as practicable.
No new erosion control devices are allowed to be constructed, placed, or
otherwise made to appear seaward of the setback line, except for the protection
of public highways which existed on the effective date of Sections 48-39-270
through 48-39-360. No erosion control devices may be incorporated as an integral
part of any new habitable structure constructed pursuant to this section.
However, any person, partnership, or corporation who owns real property that is
subject to the setback line as provided for in this section may proceed with the
construction of a building under an issued building permit or the construction
of buildings and other elements of the master plan, planned development, or
planned unit development as approved notwithstanding the setback line established
for the property if the person, partnership, or
corporation legally has begun a use as evidenced by at least one of the
following:
(1) All building permits have been issued by a local government before March
1, 1988.
(2) There is a master plan, planned development, or planned unit development:
(a) that has been approved in writing by a local government before March 1,
1988; or
(b) where work has begun pursuant to approval as evidenced by the completion
of the utility and infrastructure installation designed to service the real
property that is subject to the setback line and included in the approved master
plan, planned development, or planned unit development.
The completed utility and infrastructure installation must be pursuant to a
site development plan for utility and infrastructure installation that has been
approved by the municipality or local government, and the utility and
infrastructure installation must have been completed as of March 1, 1988,
pursuant to the plan.
However, any repairs performed on a habitable structure built pursuant to this
section is subject to the guidelines for repairs as set forth in Section
48-39-290(A).
Nothing herein prohibits the construction of fishing piers or structures, which
enhance beach access, seaward of the baseline if permitted by the council.
Section 48-39-310. The destruction of any beach or dune vegetation seaward of
the setback line is prohibited unless there is no feasible alternative. When
there is destruction of vegetation permitted seaward of the setback line,
mitigation for the destruction is required as part of the permit conditions.
Section 48-39-320. The council's responsibilities include the creation of a
long-range and comprehensive beach management plan for the Atlantic Ocean
shoreline in South Carolina. The plan must include all of the following:
(1) development of the data base for the state's coastal areas to provide
essential information necessary to make informed and scientifically based
decisions concerning the maintenance or enhancement of the beach/dune system;
(2) development of guidelines and their coordination with appropriate agencies
and local governments for the accomplishment of:
(a) beach/dune restoration and nourishment, including the projected impact
on coastal erosion rates, cost/benefit of the project, impact on floor flora and
fauna, and funding alternatives;
(b) development of a beach access program to preserve the existing public
access and enhance public access to assure full enjoyment of the beach by all
residents of this State;
(c) maintenance of a dry sand and ecologically stable beach;
(d) protection of all sand dunes seaward of the setback line;
(e) protection of endangered species, threatened species, and important
habitats, such as nesting grounds;
(f) regulation of vehicular traffic upon the beaches and the beach/dune
system which includes the prohibition of vehicles upon public beaches for
nonessential uses;
(g) development of a mitigation policy for construction allowed seaward of
the setback line, which must include dedication of public access ways,
nourishment, vegetation, and other appropriate means;
(3) formulation of recommendations for funding programs which may achieve the
goals set forth in the State Comprehensive Beach Management Plan;
(4) development of a program on public education and awareness of the
importance of the beach/dune system, the project to be coordinated with the South
Carolina Educational Television Network and Department of Parks, Recreation and
Tourism;
(5) assistance to local governments in developing the local comprehensive
beach management plans.
Section 48-39-330. Thirty days after the initial adoption by the council of
setback lines, any contract of sale and any deed with respect to transfers of
real property located in whole or in part seaward of the setback line must
contain a disclosure statement including the location of the property in
proximity to the setback line, the baseline, the velocity zone, as defined by the
federal emergency management agency, the seaward corners of all habitable
structures referenced to the South Carolina State Plane Coordinate System (N. A.
D. - 1983), and include the local erosion rate most recently made available by
the council for that particular inlet erosion zone or standard erosion zone, as
applicable. Any language reasonably calculated to call attention to the
existence of baselines, setback lines, the velocity zone, and the erosion rate,
or reference to a plat that shows the location of the lines and zones and
includes the applicable erosion rate complies to comply with this section.
Section 48-39-340. Any funding for local governments to provide for beach
front management must be distributed in a fair and equitable manner.
Consideration must be given to the size of the locality, the need for beach
management in the area, the cost/benefits of expenditures in that area, and the
best interest of the beach/dune system of the State as prioritized by the
council.
Section 48-39-350. (A) The local governments shall prepare within two years
of the effective date of Sections 48-39-270 through 48-39-360 in coordination
with the council a local comprehensive beach management plan which must be
submitted for approval to the council. The local comprehensive beach management
plan, at a minimum, must contain all of the following:
(1) an inventory of beach profile data and historic erosion rate data
provided by the council for each standard erosion zone and inlet erosion zone
under the local jurisdiction;
(2) an inventory of public beach access and attendant parking along with
a plan for enhancing public access and parking;
(3) an inventory of all structures located in the area seaward of the
setback line;
(4) an inventory of turtle nesting and important habitats of the beach/dune
system and a protection and restoration plan if necessary;
(5) a conventional zoning and land use plan consistent with the purposes
of this chapter for the area seaward of the setback line;
(6) an analysis of beach erosion control alternatives, including
renourishment for the beach under the local government's jurisdiction;
(7) a drainage plan for the area seaward of the setback zone;
(8) a post disaster plan including plans for cleanup, maintaining essential
services, protecting public health, emergency building ordinances, and the
establishment of priorities, all of which must be consistent with this chapter;
(9) a detailed strategy for achieving the goals of this chapter by the end
of the forty-year retreat period. Consideration must be given to relocating
buildings, removal of erosion control structures, and relocation of utilities;
(10) a detailed strategy for achieving the goals of preservation of existing
public access
and the enhancement of public access to assure full enjoyment of the beach by all
residents of this State.
The plan must be updated at least every five years in coordination with the
council following its approval. The local governments and the council shall work
together and implement the plan within three years of the effective date of
Sections 48-39-270 through 48-39-360.
(B) Notwithstanding the provisions of Section 48-39-340, if a local government
fails to act in a timely manner to establish and enforce a local coastal beach
management plan, the council shall impose and implement the plan or the State
Comprehensive Beach Management Plan for the local government. If a local
government fails to establish and enforce a local coastal beach management plan,
the government automatically loses its eligibility to receive any available
state-generated or shared revenues designated for beach/dune system protection,
preservation, restoration, or enhancement, except as directly applied by the
council in its administrative capacities.
Section 48-39-360. The provisions of this chapter do not apply to any areas
which are at least one-half mile inland from the mouth of an inlet."
Critical area defined
SECTION 4. Section 48-39-10(J) of the 1976 Code is amended to read:
"(J) 'Critical area' means any of the following:
(1) coastal waters;
(2) tidelands;
(3) beaches;
(4) beach/dune system which is the area from the mean high-water mark to the
setback line as determined in Section 48-39-280."
Emergency orders
SECTION 5. Section 48-39-130(D)(1) and (6) of the 1976 Code is amended to read:
"(1) The accomplishment of emergency orders of any duly appointed
official of a county or municipality or of the State, acting to protect the
public health and safety, upon notification to the council. However, only the
use of sandbags or sandscraping, or both, in accordance with guidelines provided
by the council is allowed pursuant to this item.
(6) Emergency repairs to any existing bank, dike, or fishing pier which has
been erected in accordance with federal and state laws or provided for by general
law or acts passed by the General Assembly of South Carolina, if notice is given
in writing to the council within seventy-two hours from the onset of the needed
repairs."
Time effective
SECTION 6. This act takes effect July 1, 1988. |