Reference is to Printer's Date 2/15/18-H.
Amend the bill, as and if amended, SECTION 4, by striking Section 48-39-280(A) and inserting:
/ (A) A forty-year
policy of retreat from the shoreline is established. The
department must implement this policy and utilize the best
available scientific and historical data in the implementation.
The department must establish a baseline that parallels the
shoreline for each standard erosion zone and each inlet erosion
zone. Subject to Section 48-39-290(D), the baseline
established pursuant to this section must not move seaward from
its position on December 31, 2017 A baseline must
not move seaward from its position in effect on December 31,
2017.
(1)
The baseline for each standard erosion zone is established
at the location of the crest of the primary oceanfront sand dune
in that zone. In standard erosion zones in which the shoreline
has been altered naturally or artificially by the construction
of erosion control devices, groins, or other manmade
alterations, the baseline must be established by the
department using the best scientific and historical data, as
where the crest of the primary oceanfront sand
dunes dune for that zone would be
located if the shoreline had not been altered.
(2)
The baseline for inlet erosion zones that are not
stabilized by jetties, terminal groins, or other structures must
be determined by the department as the most landward point of
erosion at any time during the past forty years, unless the best
available scientific and historical data of the inlet and
adjacent beaches indicate that the shoreline is unlikely to
return to its former position. In collecting and utilizing the
best scientific and historical data available for the
implementation of the retreat policy, the department, as part of
the State Comprehensive Beach Management Plan provided for in
this chapter, among other factors, 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)
The baseline within inlet erosion zones that are
stabilized by jetties, terminal groins, or other structures must
be determined in the same manner as provided for in item (1).
However, the actual location of the crest of the primary
oceanfront sand dunes dune of that
erosion zone is the baseline of that zone, not the location if
the inlet had remained unstabilized.
/
Amend the bill further, by striking SECTION 5 and inserting:
/ SECTION 5.
Notwithstanding the provisions of Section
48-39-280, the baseline or setback line in effect for a
landowner is:
(1) the baseline or
setback line established during the 2009 through 2012
establishment cycle until the Department of Health and
Environmental Control establishes a new baseline and setback
line if the baseline established during the 2009 through 2012
establishment cycle is seaward of or at the same location as the
baseline proposed by the department on October 6, 2017.
(2) the baseline or
setback line proposed by the department on October 6, 2017,
until the department establishes a new baseline and setback line
if the baseline established during the 2009 through 2012
establishment cycle is landward of the baseline proposed by the
department on October 6, 2017.
(3) If a proposed
baseline under review or appeal prior to January 1, 2018, is
revised by a consent order, court order, or otherwise by the
department to a location seaward of both the baseline
established during the 2009 through 2012 establishment cycle and
the baseline proposed on October 6, 2017, then both the revised
proposed baseline as well as the revised proposed setback line
will be in effect for the landowner until the department
establishes a new baseline and setback line.
/
Renumber sections to conform.
Amend title to conform.