S 0868  General Bill, By Campsen, Campbell and Senn
 A BILL TO AMEND SECTION 48-39-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO THE STATE'S BEACH PRESERVATION POLICY, SO AS TO APPLY
 CERTAIN EXCEPTIONS TO THE ESTABLISHMENT OF A BASELINE FOR COASTAL EROSION
 ZONES AND TO REMOVE THE STUDY REQUIREMENT IN CASES WHERE PRIMARY OCEANFRONT
 SAND DUNES DO NOT EXIST.
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   12/11/19  Senate Prefiled
   12/11/19  Senate Referred to Committee on Agriculture and Natural
                     Resources
   01/14/20  Senate Introduced and read first time (Senate Journal-page 19)
   01/14/20  Senate Referred to Committee on Agriculture and Natural
                     Resources (Senate Journal-page 19)
   02/04/20  Senate Committee report: Favorable with amendment
                     Agriculture and Natural Resources
                     (Senate Journal-page 7)
   02/05/20         Scrivener's error corrected
   03/04/20  Senate Committee Amendment Adopted (Senate Journal-page 77)
   03/04/20  Senate Read second time (Senate Journal-page 77)
   03/04/20  Senate Roll call Ayes-46  Nays-0 (Senate Journal-page 77)
   03/10/20  Senate Read third time and sent to House
                     (Senate Journal-page 24)
   03/11/20  House  Introduced and read first time (House Journal-page 44)
   03/11/20  House  Referred to Committee on Agriculture, Natural
                     Resources and Environmental Affairs
                     (House Journal-page 44)

Indicates Matter Stricken

Indicates New Matter

COMMITTEE AMENDMENT ADOPTED

March 4, 2020

S. 868

S. Printed 3/4/20--S.

Read the first time January 14, 2020.

TO AMEND SECTION 48-39-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE'S BEACH PRESERVATION POLICY, SO AS TO APPLY CERTAIN EXCEPTIONS TO THE ESTABLISHMENT OF A BASELINE FOR COASTAL EROSION ZONES AND TO REMOVE THE STUDY REQUIREMENT IN CASES WHERE PRIMARY OCEANFRONT SAND DUNES DO NOT EXIST.

Amend Title To Conform

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

SECTION    1.    Section 48-39-280(A)(1) of the 1976 Code, as last amended by Act 173 of 2018, is further amended to read:

"(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

(a)    If the primary ocean front sand dune is more than two hundred feet landward of the current line of stable vegetation, then the baseline must be established seaward of the primary oceanfront sand dune at a distance equal to thirty percent of the measured distance from the primary oceanfront sand dune to the current line of stable vegetation.

(b)    If there is no primary oceanfront sand dune, then the baseline must be established at whichever is further landward of the following:

(i)        the most seaward of the locations specified in item (4); or

(ii)    the landward edge of the active beach.

(c)    If the shoreline has been altered naturally or artificially by the construction of erosion control devices, then the baseline must be established by the department using the best scientific and historical data, as where the crest of the primary oceanfront sand dune for that zone would be located if the shoreline had not been altered."

SECTION    2.    Section 48-39-280(E)(2) of the 1976 Code, as last amended by Act 173 of 2018, is further amended to read:

"(2)    Surveyed topographical data typically must be gathered at two thousand foot intervals. However, in areas subject to significant near-term development and in areas currently developed, the interval, at the discretion of the department, may be more frequent. The resulting surveys must locate the crest of the primary oceanfront sand dune to be used as the baseline for computing the forty-year erosion rate. In cases where no primary oceanfront sand dune exists, a study conducted by the department is required to determine where the upland location of the crest of the primary oceanfront sand dune would be located if the shoreline had not been altered."

SECTION    3.    This act takes effect upon approval by the Governor.