H 3700 {Rat #60} General Bill, By Bailey, Hewitt, Hardee and Clemmons

Similar(S 369, H 4811, H 4945)
 AN ACT TO AMEND SECTION 48-39-290, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO THE PROHIBITION ON EROSION CONTROL STRUCTURES OR DEVICES SEAWARD
 OF THE SETBACK LINE, SO AS TO ALLOW FOR THE PLACEMENT OF SHORELINE
 PERPENDICULAR WINGWALLS THAT EXTEND LANDWARD FROM THE ENDS OF EXISTING EROSION
 CONTROL STRUCTURES OR DEVICES; AND TO AMEND SECTION 48-39-130, AS AMENDED,
 RELATING TO PERMITS TO UTILIZE CRITICAL AREAS, SO AS TO PROVIDE THAT A PERMIT
 IS NOT REQUIRED TO UNDERTAKE ACTIONS PROTECTING CERTAIN EXISTING EROSION
 CONTROL DEVICES. - ratified title
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   01/22/19  House  Introduced and read first time (House Journal-page 28)
   01/22/19  House  Referred to Committee on Agriculture, Natural
                     Resources and Environmental Affairs
                     (House Journal-page 28)
   01/30/19  House  Member(s) request name added as sponsor: Hardee
   02/05/19  House  Committee report: Favorable with amendment
                     Agriculture, Natural Resources and Environmental
                     Affairs (House Journal-page 20)
   02/06/19  House  Member(s) request name added as sponsor: Clemmons
   02/07/19  House  Amended (House Journal-page 19)
   02/07/19  House  Read second time (House Journal-page 19)
   02/07/19  House  Roll call Yeas-102  Nays-0 (House Journal-page 20)
   02/12/19  House  Read third time and sent to Senate
                     (House Journal-page 17)
   02/12/19  Senate Introduced and read first time (Senate Journal-page 6)
   02/12/19  Senate Referred to Committee on Agriculture and Natural
                     Resources (Senate Journal-page 6)
   04/02/19  Senate Committee report: Favorable with amendment
                     Agriculture and Natural Resources
                     (Senate Journal-page 17)
   04/03/19         Scrivener's error corrected
   04/23/19  Senate Committee Amendment Adopted (Senate Journal-page 7)
   04/23/19  Senate Read second time (Senate Journal-page 7)
   04/23/19  Senate Roll call Ayes-43  Nays-0 (Senate Journal-page 7)
   05/02/19  Senate Read third time and returned to House with
                     amendments (Senate Journal-page 49)
   05/08/19  House  Senate amendment amended (House Journal-page 23)
   05/08/19  House  Returned to Senate with amendments
                     (House Journal-page 23)
   05/08/19  Senate Concurred in House amendment and enrolled
                     (Senate Journal-page 155)
   05/08/19  Senate Roll call Ayes-34  Nays-3 (Senate Journal-page 155)
   05/09/19         Ratified R  60
   05/15/19         Vetoed by Governor
   05/20/19  House  Veto sustained Yeas-60  Nays-43 (House Journal-page 63)

NOTE: THIS IS A TEMPORARY VERSION. THIS DOCUMENT WILL REMAIN IN THIS VERSION UNTIL FINAL APPROVAL BY THE LEGISLATIVE COUNCIL.

(R60, H3700)

AN ACT TO AMEND SECTION 48-39-290, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON EROSION CONTROL STRUCTURES OR DEVICES SEAWARD OF THE SETBACK LINE, SO AS TO ALLOW FOR THE PLACEMENT OF SHORELINE PERPENDICULAR WINGWALLS THAT EXTEND LANDWARD FROM THE ENDS OF EXISTING EROSION CONTROL STRUCTURES OR DEVICES; AND TO AMEND SECTION 48-39-130, AS AMENDED, RELATING TO PERMITS TO UTILIZE CRITICAL AREAS, SO AS TO PROVIDE THAT A PERMIT IS NOT REQUIRED TO UNDERTAKE ACTIONS PROTECTING CERTAIN EXISTING EROSION CONTROL DEVICES.

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

Wingwalls allowed on existing erosion control structures

SECTION    1.    Section 48-39-290(B)(2)(a) of the 1976 Code is amended to read:

"(a)    No new erosion control structures or devices are allowed seaward of the setback line except:

(i)        structures or devices to protect a public highway that existed on June 25, 1990; and

(ii)    shoreline perpendicular wingwalls that extend landward at a ninety degree angle from the ends of existing erosion control structures or devices that are consistent in height and composition with the existing erosion control structures to which they are attached, subject to any special conditions imposed by the department."

Certain activities on existing erosion control structures excluded

SECTION    2.    Section 48-39-130(D) of the 1976 Code is amended by adding an appropriately numbered item at the end to read:

"( )(a)    The rehabilitation, reinforcement, or protection of an existing erosion control device for which:

(i)        the erosion control device is approximately four thousand one hundred linear feet;

(ii)    the erosion control device is oceanward of an unincorporated private oceanfront residential community of approximately two thousand seven hundred acres with an Atlantic Ocean shoreline of approximately eight thousand one hundred linear feet;

(iii)    the beach for which the erosion control device is being used is not eligible for public beach renourishment funds;

(iv)    no public funds have ever been expended on maintaining the beach for which the erosion control device is being used; and

(v)    the rehabilitation, reinforcement, or protection activities are authorized by a permit, if required, issued by the United States Army Corps of Engineers.

(b)    All other department-administered certifications for these activities are waived."

Time effective

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

Ratified the 9th day of May, 2019.

__________________________________________

President of the Senate

___________________________________________

Speaker of the House of Representatives

Approved the ____________ day of _____________________2019.

___________________________________________

Governor