South Carolina Code of Regulations Chapter 30 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL- COASTAL DIVISION
South Carolina Code of Regulations Chapter 30 pertains to the Department of Health and Environmental Control (DHEC) - Coastal Division, specifically addressing the management and regulation of South Carolina's coastal resources. These regulations are authorized by the South Carolina Coastal Zone Management Act (originally the Coastal Tidelands and Wetlands Act of 1977), which aims to balance economic and social welfare with the protection and enhancement of the state's sensitive coastal areas.
The primary purpose of these regulations is to protect and manage the "critical areas" of the coastal zone (coastal waters, tidelands, beaches, and beach/dune systems) through a permitting process and overall coastal zone management program.
Here's a breakdown of the key areas covered in Chapter 30:
Statement of Policy (R.30-1): This foundational section outlines the legislative intent and the overall goals of the coastal management program. It emphasizes the importance of protecting fragile coastal ecosystems (like salt marshes, which are vital for marine life and act as natural filters) while also promoting sound development practices. It acknowledges the dynamic nature of beaches and the need for policies that encourage beach preservation and, where necessary, a retreat from actively eroding areas.
Permitting Process (R.30-2 to R.30-6): These sections detail the administrative procedures for obtaining permits for activities within critical areas. This includes:
Applying for a Permit: Requirements for submitting applications.
Public Hearings: Procedures for conducting public hearings on proposed projects.
Decisions on a Permit: Criteria and process for DHEC to make decisions on permit applications.
Exceptions and Appeals: Provisions for requesting exceptions to the rules and for appealing permit decisions through a contested case process.
Critical Area Boundaries (R.30-10): This regulation defines and describes the geographical extent of the "critical areas" over which DHEC's Coastal Division (now the Office of Ocean and Coastal Resource Management - OCRM) has direct permitting authority. These include:
Coastal Waters and Tidelands: Defining what constitutes these areas, often based on tidal influence and the presence of saline water vegetation.
Beaches and the Beach/Dune System: Defining these areas and establishing jurisdictional lines (baseline and setback line) that guide development.
General Guidelines for All Critical Areas (R.30-11): This section provides overarching considerations that DHEC uses when assessing the potential impacts of projects in any critical area. These considerations include:
Whether the activity requires a waterfront location.
Potential impacts on fish, shellfish, marine life, and other natural resources.
The extent to which the activity could cause erosion, shoaling, or stagnant water.
Impacts on public access to tidal lands, navigable waters, and beaches.
Consistency with state and local comprehensive plans.
Policies discouraging new construction in beach and beach/dune critical areas.
Rules regarding abandoned vessels and structures in critical areas.
Specific Project Standards (R.30-12, R.30-13): These sections provide detailed standards for specific types of projects:
Tidelands and Coastal Waters (R.30-12): Regulations for activities like dredging, filling, docks, marinas, bulkheads, and other structures in marshlands and coastal waters.
Beaches and the Beach/Dune System (R.30-13): Regulations for activities on beaches, including construction, erosion control devices (like groins), and beach nourishment projects.
Beachfront Management and Jurisdictional Lines (R.30-15, R.30-16, R.30-21): These regulations are particularly important for coastal development, addressing:
Activities Allowed Seaward of Baseline: Specific types of construction or reconstruction permitted in the most seaward areas, with strict conditions to minimize impact on the dynamic beach system. This often includes limitations on size and location of structures.
Documentation Requirements: What property owners need to provide before commencing activities between the setback line and the baseline.
Beachfront Management Plan: Policies and guidance for managing beachfront resources, including the concept of a "40-year retreat policy" for development in eroding areas.
Groins: Regulations for the construction and maintenance of groins (structures built to prevent erosion), often requiring monitoring programs and financial commitments to address potential downdrift impacts.
Emergency Orders: Provisions for temporary barriers during imminent danger from erosion.
In essence, Chapter 30 empowers the DHEC's Coastal Division (OCRM) to act as the primary steward of South Carolina's coastal zone, balancing the need for economic development with the critical imperative of protecting the state's invaluable and fragile coastal ecosystems.
RELATED Blog
0 comments