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TO AMEND SECTION 48-39-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS CONCERNING COASTAL TIDELANDS AND WETLANDS, SO AS TO PROVIDE A DEFINITION OF "COMMUNITY DOCK"; TO AMEND SECTION 48-39-150, RELATING TO THE APPROVAL OR DENIAL OF A PERMIT APPLICATION, SO AS TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL MUST APPLY THE REGULATIONS IN EFFECT ON THE DATE A PERMIT APPLICATION IS FILED IN DETERMINING WHETHER TO APPROVE OR DENY THE APPLICATION UNLESS THE HEALTH, SAFETY, OR WELFARE OF THE PUBLIC WOULD BE COMPROMISED; AND TO AMEND CHAPTER 39 OF TITLE 48, BY ADDING SECTION 48-39-81, SO AS TO ESTABLISH REQUIREMENTS FOR AND LIMITATIONS UPON COMMUNITY DOCKS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 48-39-10 of the 1976 Code is amended by adding an appropriately lettered subsection to read:
"( ) 'Community dock' means a dock that: (1) is used only for private recreational purposes; (2) is used by persons who own property within the community and is not available for use by the general public; (3) does not have fuel dispensers, sanitation pump-out facilities, toilets, laundry facilities, maintenance/repair facilities, or a store; and (4) does not allow overnight stays on boats moored at the facility; that is, no live-aboards are allowed."
SECTION 2. Section 48-39-150 of the 1976 Code is amended by adding an appropriately lettered subsection to read:
"( ) In determining whether to approve or deny a permit application, the department must apply the regulations in effect on the date the application is filed unless the health, safety, or welfare of the public would be compromised."
SECTION 3. Chapter 39 of Title 48 of the 1976 Code is amended by adding:
"Section 48-39-81. (A) A community dock with more than ten boat slips must have lifts for all vessels moored at the facility.
(B) A community dock is limited to the following number of boat slips based on shellfish water quality classifications established by the department and the Department of Natural Resources that are in effect at the time an application for a permit is filed with the department:
(1) fifteen boat slips in areas classified as 'Approved' or 'Conditionally Approved';
(2) twenty boat slips in areas classified as 'Restricted'; or
(3) twenty-five boat slips in areas classified as 'Prohibited'.
The department may limit a community dock to fewer slips in areas with low water volume and low water flow rates.
(C) A community dock must include a floating dock or staging area for loading and unloading if there are more than ten boat slips with lifts."
SECTION 4. This act takes effect upon approval by the Governor.
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