S 0107 {Rat #54, Act #41 of 2021} General Bill, By Campsen, Climer and Senn
 AN ACT 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. - ratified title

   12/09/20  Senate Prefiled
   12/09/20  Senate Referred to Committee on Agriculture and Natural
                     Resources
   01/12/21  Senate Introduced and read first time
                     (Senate Journal-page 175)
   01/12/21  Senate Referred to Committee on Agriculture and Natural
                     Resources (Senate Journal-page 175)
   02/02/21  Senate Committee report: Favorable Agriculture and
                     Natural Resources (Senate Journal-page 4)
   02/04/21  Senate Read second time (Senate Journal-page 7)
   02/04/21  Senate Roll call Ayes-42  Nays-0 (Senate Journal-page 7)
   02/09/21  Senate Read third time and sent to House
                     (Senate Journal-page 10)
   02/10/21  House  Introduced and read first time (House Journal-page 7)
   02/10/21  House  Referred to Committee on Agriculture, Natural
                     Resources and Environmental Affairs
                     (House Journal-page 7)
   04/28/21  House  Committee report: Favorable Agriculture, Natural
                     Resources and Environmental Affairs
                     (House Journal-page 65)
   04/29/21  House  Debate adjourned (House Journal-page 38)
   05/04/21  House  Read second time (House Journal-page 14)
   05/04/21  House  Roll call Yeas-117  Nays-0 (House Journal-page 15)
   05/05/21  House  Read third time and enrolled (House Journal-page 7)
   05/13/21         Ratified R  54
   05/17/21         Signed By Governor
   06/01/21         Effective date  05/17/21
   06/01/21         Act No.  41

(A41, R54, S107)

AN ACT 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.

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

Standard erosion zone baseline

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.

(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."

Shoreline study requirement removed

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."

Time effective

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

Ratified the 13th day of May, 2021.

Approved the 17th day of May, 2021.