Indicates Matter Stricken

Indicates New Matter

 

Committee Report

April 9, 2025

 

H. 3931

 

Introduced by Reps. Bailey, Sessions, Brewer, Robbins, M. M. Smith, Burns, Haddon, Lowe, Rutherford, Schuessler and Guffey

 

S. Printed 4/9/25--H.

Read the first time February 6, 2025

 

________

 

The committee on House Labor, Commerce and Industry

To whom was referred a Bill (H. 3931) to amend the South Carolina Code of Laws by amending Section 48-39-150, relating to approval or denial of permits, so as to establish timelines for the department, etc., respectfully

Report:

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

 

    Amend the bill, as and if amended, SECTION 1, by striking Section 48-39-150(C) and inserting:

    (C) The department shall act upon an application for a permit within ninety days after the application is filedrequest is determined by the department to be administratively and technically complete. Provided, however, that in the case of minor developments, as defined in Section 48-39-10, the department shall have the authority to approve such permits and shall act within thirty days after the request is determined by the department to be administratively and technically complete. If the department requests additional technical information from the applicant, that request must be made within fifteen days after the conclusion of the public notice period. If a department request for additional technical information is not made within fifteen days after the conclusion of the public notice period, the application shall be considered administratively complete and a decision must be rendered within the time frames prescribed above. In the event a permit is denied the department shall state the reasons for such denial and such reasons must be in accordance with the provisions of this chapter.

Amend the bill further, by adding an appropriately numbered SECTION to read:

SECTION X. Section 48-39-80(B)(11) of the S.C. Code is amended to read:

 

    (11) Develop a system whereby the department shall have the authority to review all state and federal permit applications in the coastal zone, and to certify that these do not contravene the management plan. For individual navigable waters permits for docks located in the eight coastal counties but outside of critical areas, a coastal zone consistency certification is deemed approved if certification review is not completed within thirty days of an administratively complete application. For all other permits, a coastal zone consistency certification is deemed approved if certification review is not completed within ninety days of an administratively complete application.

Renumber sections to conform.

Amend title to conform.

 

WILLIAM HERBKERSMAN for Committee.

 

 

statement of estimated fiscal impact

Explanation of Fiscal Impact

State Expenditure

This bill amends the time frame in which DES must act upon an application for a Coastal Tideland and Wetlands Permit Application.  Current language requires DES to act within ninety days of the permit filing, unless the permit is for minor development activities, in which case DES must act within thirty days of the permit filing.  This bill requires the agency to act within ninety days of determining the application to be administratively complete, or within thirty days of determining the application to be administratively complete if the application is for minor development activities.  If DES requests additional information from the applicant, the request must be made within fifteen days after the conclusion of the public notice period.  If the request is not made within the fifteen-day period, the application shall be considered administratively complete.

 

This bill provides minor changes that will affect the processing of Coastal Tideland and Wetlands Permit applications.  However, DES anticipates that the changes can be made with existing resources.  Therefore, there is no expenditure impact to DES.

 

 

Frank A. Rainwater, Executive Director

Revenue and Fiscal Affairs Office

 

_______

 

 

 

 

 

 

 

 

A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 48-39-150, RELATING TO APPROVAL OR DENIAL OF PERMITS, SO AS TO ESTABLISH TIMELINES FOR THE DEPARTMENT TO TAKE ACTION ON A PERMIT APPLICATION.

 

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

 

SECTION 1.  Section 48-39-150(C) of the S.C. Code is amended to read:

 

    (C) The department shall act upon an application for a permit within ninety days after the application is filedrequest is determined by the department to be administratively complete. Provided, however, that in the case of minor developments, as defined in Section 48-39-10, the department shall have the authority to approve such permits and shall act within thirty days after the request is determined by the department to be administratively complete. If the department requests additional information from the applicant, that request must be made within fifteen days after the conclusion of the public notice period. If a department request for additional information is not made within fifteen days after the conclusion of the public notice period, the application shall be considered administratively complete and a decision must be rendered within the time frames prescribed above. In the event a permit is denied the department shall state the reasons for such denial and such reasons must be in accordance with the provisions of this chapter.

 

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

----XX----