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H 4341
Session 119 (2011-2012)


H 4341 General Bill, By Murphy, Crosby, Hardwick, Sottile, Ryan, Chumley, Horne, 
Hearn, Anderson, Clemmons, Daning, Hixon, Jefferson, J.R. Smith and Stringer
 A BILL TO AMEND SECTION 48-39-50, THE CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO THE POWERS AND DUTIES OF THE DEPARTMENT OF HEALTH AND
 ENVIRONMENTAL CONTROL IN REGARD TO COASTAL ZONE MANAGEMENT AND REGULATION, SO
 AS TO PROVIDE CERTAIN INSTANCES AND ACTIVITIES WHERE THE DEPARTMENT SHALL HAVE
 NO REGULATORY AUTHORITY.

   06/02/11  House  Introduced and read first time (House Journal-page 8)
   06/02/11  House  Referred to Committee on Agriculture, Natural
                     Resources and Environmental Affairs
                     (House Journal-page 8)



H. 4341

A BILL

TO AMEND SECTION 48-39-50, THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL IN REGARD TO COASTAL ZONE MANAGEMENT AND REGULATION, SO AS TO PROVIDE CERTAIN INSTANCES AND ACTIVITIES WHERE THE DEPARTMENT SHALL HAVE NO REGULATORY AUTHORITY.

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

SECTION    1.    Section 48-39-50 of the 1976 Code is amended by adding a new paragraph at the end to read:

"In the coastal zone outside a critical area, as defined in Section 48-39-10(J), the department shall have no regulatory authority under this chapter over activities for which a permit is required by the United State Army Corps of Engineers pursuant to the Federal Clean Water Act of 1972, as amended, or the Rivers and Harbors Act of 1899, as amended."

SECTION    2.    This act takes effect upon approval by the Governor.

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