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Bill Number: 3713 Ratification Number: 742 Act Number 634 Introducing Body: House Subject: To provide for beach protection; to restore the dune system to its natural dynamic equilibrium
(A634, R742, H3713)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 48-39-270 THROUGH 48-39-360 SO AS TO PROVIDE FOR BEACH PROTECTION THROUGH A FORTY-YEAR PROGRAM TO RESTORE THE BEACH/DUNE SYSTEM TO ITS NATURAL DYNAMIC EQUILIBRIUM; TO AMEND SECTION 48-39-10, RELATING TO DEFINITIONS PERTAINING TO COASTAL TIDELANDS AND WETLANDS, SO AS TO REVISE THE DEFINITION OF "CRITICAL AREA"; AND TO AMEND SECTION 48-39-130, RELATING TO PERMITS TO UTILIZE CRITICAL AREAS, SO AS TO REVISE THE EXCEPTION FOR EMERGENCY REPAIRS WITHOUT A PERMIT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The General Assembly finds that:
(1) The beach/dune system along the coast of South Carolina is extremely important to the people of this State and serves the following functions:
(a) protects life and property by serving as a storm barrier which dissipates wave energy and contributes to shoreline stability in an economical and effective manner;
(b) provides the basis for a tourism industry that generates approximately two-thirds of South Carolina's annual tourism industry revenue which constitutes a significant portion of the state's economy. The tourists who come to the South Carolina coast to enjoy the ocean and dry sand beach contribute significantly to state and local tax revenues;
(c) provides habitat for numerous species of plants and animals, several of which are threatened or endangered. Waters adjacent to the beach/dune system also provide habitat for many other marine species;
(d) provides a natural healthy environment for the citizens of South Carolina to spend leisure time which serves their physical and mental well-being.
(2) Beach/dune system vegetation is unique and extremely important to the vitality and preservation of the system.
(3) Many miles of South Carolina's beaches have been identified as critically eroding.
(4) Chapter 39, Title 48, Code of Laws of South Carolina, 1976, Coastal Tidelands and Wetlands, does not provide adequate jurisdiction to the South Carolina Coastal Council to enable it to effectively protect the integrity of the beach/dune system. Consequently, without adequate controls, development has been unwisely sited too close to the system. This type of development has jeopardized the stability of the beach/dune system, accelerated erosion, and endangered adjacent property. It is in both the public and private interests to protect the system from this unwise development.
(5) The use of armoring in the form of hard erosion control devices such as seawalls, bulkheads, and rip-rap to protect erosion-threatened structures adjacent to the beach has not proven effective. These armoring devices have given a false sense of security to beach front property owners. In reality, these hard structures, in many instances, have increased the vulnerability of beach front property to damage from wind and waves while contributing to the deterioration and loss of the dry sand beach which is so important to the tourism industry.
(6) Erosion is a natural process which becomes a significant problem for man only when structures are erected in close proximity to the beach/dune system. It is in both the public and private interests to afford the beach/dune system space to accrete and erode in its natural cycle. This space can be provided only by discouraging new construction in close proximity to the beach/dune system and encouraging those who have erected structures too close to the system to retreat from it.
(7) Inlet and harbor management practices, including the construction of jetties which have not been designed to accommodate the long shore transport of sand, can deprive downdrift beach/dune systems of their natural sand supply. Dredging practices which include disposal of beach quality sand at sea also can deprive the beach/dune system of much-needed sand.
(8) It is in the state's best interest to protect and to promote increased public access to South Carolina's beaches for out-of-state tourists and South Carolina residents alike.
(9) Present funding for the protection, management, and enhancement of the beach/dune system is inadequate.
(10) There is no coordinated state policy for post-storm emergency management of the beach/dune system.
(11) A long-range comprehensive beach management plan is needed for the entire coast of South Carolina to protect and effectively manage the beach/dune system, thus preventing unwise development and minimizing man's adverse impact on the system.
SECTION 2. In recognition of its stewardship responsibilities, the policy of South Carolina is to:
(1) protect, preserve, restore, and enhance the beach/dune system, the highest and best uses of which are declared to provide:
(a) a barrier and buffer from high tides, storm surge, hurricanes, and normal erosion;
(b) a public area which serves as a major source of state and local revenue;
(c) habitat for indigenous flora and fauna;
(d) a place which harbors natural beauty;
(2) create a comprehensive, long-range beach management plan and require local comprehensive beach management plans for the protection, preservation, restoration, and enhancement of the beach/dune system. These plans must promote wise use of the state's beach front to include a gradual retreat from the system over a forty-year period;
(3) severely restrict the use of hard erosion control devices to armor the beach/dune system and to encourage the replacement of hard erosion control devices with soft technologies as approved by the Coastal Council which will provide for the protection of the shoreline without long-term adverse effects;
(4) encourage the use of erosion-inhibiting techniques which do not adversely impact the long-term well-being of the beach/dune system;
(5) promote carefully planned nourishment as a means of beach preservation and restoration where economically feasible;
(6) preserve existing public access and promote the enhancement of public access to assure full enjoyment of the beach by all our citizens including the handicapped;
(7) involve local governments in long-range comprehensive planning and management of the beach/dune system in which they have a vested interest;
(8) establish procedures and guidelines for the emergency management of the beach/dune system following a significant storm event.
SECTION 3. Chapter 39, Title 48 of the 1976 Code is amended by adding:
"Section 48-39-270. As used in this chapter:
(1) Erosion control structures or devices include:
(a) seawall: a special type of retaining wall that is designed specifically to withstand normal wave forces;
(b) bulkhead: a retaining wall designed to retain fill material but not to withstand wave forces on an exposed shoreline;
(c) revetment (rip-rap): a sloping structure built along a scarp or in front of a bulkhead to protect the shoreline or bulkhead from erosion.
(2) Habitable structure includes any structure suitable for habitation or any structure used for commercial purposes. If a building, as defined in Section 27-31-20, is divided into apartments, as defined in Section 27-31-20, then the entire building, not the individual apartments, is considered as a single habitable structure for the purposes of this chapter.
(3) Council means the South Carolina Coastal Council.
(4) Beach nourishment means the artificial establishment and periodic renourishment of a beach with sand that is compatible with that beach in such a way as to create a dry sand beach at all stages of the tide.
(5) The beach/dune system delineation includes all land from the mean high-water mark of the Atlantic Ocean landward to the setback line described in Section 48-39-280.
(6) A standard erosion zone is a segment of shoreline which is subject to essentially the same set of coastal processes, has a fairly constant range of profiles and sediment characteristics, and is not directly influenced by tidal inlets or associated inlet shoals.
(7) An inlet erosion zone is a segment of shoreline along or adjacent to tidal inlets which are directly influenced by the inlet and its associated shoals.
(8) Master plan means a document or a map prepared by a developer or a city as a policy guide to decisions about the physical development of the project or community.
(9) Planned development means a development plan which has received local approval for a specified number of dwelling and other units. The siting and size of structures and amenities are specified or restricted within the approval. This term specifically references multifamily or commercial projects not otherwise referenced by the terms master plan or planned unit development.
(10) Planned unit development means a residential, commercial, and industrial development professionally designed as a unit and approved by local government.
Section 48-39-280. (A) A forty-year retreat policy must be implemented by defining, utilizing the best available information and data, a baseline along standard erosion zones and inlet erosion zones and measuring back from the baseline a distance equal to forty times the annual erosion rate to be determined as an average over the previous forty years or a comparable period of time.
(1) The baseline for each standard erosion zone is the location of the crest of an ideal primary ocean front sand dune in that zone. In standard erosion zones where the shoreline has been altered artificially by the construction of
erosion control devices, groins, or any other manmade alterations, the baseline is where the crest of an ideal primary ocean front sand dune for that zone would be located if the shoreline had not been altered. A scientific study by professional geologists or registered coastal engineers is required to determine where the baseline is for each standard erosion zone.
(2) For inlets that are not stabilized by jetties, terminal groins, or other structures, the baselines within inlet erosion zones are determined as the most landward point of erosion at any time during the past forty years, unless detailed historical and scientific studies of the inlets and adjacent beaches indicate that the shorelines are unlikely to return to their former positions. The studies, to be completed as part of the State Comprehensive Beach Management Plan, 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) For inlets that are stabilized by jetties, terminal groins, or other structures, the baselines within inlet erosion zones are determined in the same manner as those in standard erosion zones. However, the actual location of the crest of an ideal primary ocean front sand dune must be taken as the baseline, not the location had the inlet remained unstabilized.
(B) The setback line must be determined using the baseline for the zones.
(1) For standard erosion zones, the setback line is the line landward of the baseline that is established at a distance which is forty times the annual erosion rate as determined by historical and other scientific means and adopted by the council in the State Comprehensive Beach Management Plan. However, all setback lines must be established no less than twenty feet landward of the baseline, even in cases where the shoreline has been stable or has experienced net accretion over the past forty years.
(2) For inlet erosion zones, the setback line is the line that is established landward of the baseline at a distance which is forty times the annual erosion rate as determined by historical and other scientific means and adopted by the council in the State Comprehensive Beach Management Plan. However, all setback lines must be established no less than twenty feet landward of the baseline, even in cases where the shoreline has been stable or has experienced net accretion over the past forty years.
(C) An interim baseline and the setback line must be established after the evaluation of all monitoring or scientific analysis by July 1, 1988. Before July 2, 1990, the baseline and the setback line must be reestablished after the evaluation of all monitoring or scientific analysis and public input. The baseline and setback line must be reset no later than ten years after July 1, 1990, and must be revised not less than every five years after they are reset and not more than every ten years after they are reset. It is the responsibility of the council to revise the baseline and setback line for all the inlet and standard erosion zones and to transmit this information and otherwise make it readily available for all members of the public and all state and local entities. In order to plan for the revisions, the council may stagger the revision of these zones in any way considered appropriate so long as every zone is revised in accordance with the time guidelines established in this section. Nothing in this section allows the seaward movement of the baseline after July 1, 1990. However, renourishment is desirable, and it is recognized that this process may slow down or prevent the landward movement of the setback line.
(D) In order to locate the baseline and the setback line, the council shall establish monumented and controlled survey points in each county fronting the Atlantic Ocean. The council shall acquire sufficient surveyed topographic information on which to locate the baseline. Surveyed topographic data must typically 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 council, may be more frequent. The resulting surveys must locate the crest of the frontal or ideal dune which must be used as the baseline for computing the forty-year erosion rate. In cases where no frontal dune exists, a study conducted by registered coastal engineers or professional geologists, or both, is required to determine where the upland location of the crest of the frontal dune would be located if the shoreline was not altered. The council, by regulation, may exempt specifically described portions of the coastline from the survey requirements of this section when, in its judgment, the portions of coastline are not subject to erosion or are not likely to be developed by virtue of local, state, or federal programs in effect on the coastline which would preclude any significant development, or both.
(E) Any coastal riparian landowner adversely affected who feels that the setback line, baseline, or erosion rate as adopted is in error, upon submittal of substantiating evidence, must be granted a review of the setback line, baseline, or erosion rate, or a review of all three. Any of the requests must be forwarded to the appropriate committee of the council and thereafter handled in accordance with the council's regulations on appeals.
Section 48-39-290. (A) If a habitable structure existing on the effective date of Sections 48-39-270 through 48-39-360 seaward of the setback line is damaged by natural causes or fire, it may be repaired by the owner if all of the following requirements are met:
(1) The total square footage of the repaired structure does not exceed the total square footage of the original structure.
(2) The linear footage along the coast of the repaired structure does not exceed the linear footage along the coast of the original structure.
(3) The structure, as repaired, is not any further seaward than the original structure.
(4) All repairs are permitted by local zoning and building authorities.
(B) If a habitable structure existing on the effective date of Sections 48-39-270 through 48-39-360 seaward of the setback line is destroyed beyond repair by natural causes or fire, it may be replaced by the owner after notification of the council if all of the following requirements are met:
(1) The total square footage of the replaced structure does not exceed the total square footage of the original structure.
(2) The linear footage along the coast of the replaced structure does not exceed the linear footage along the coast of the original structure.
(3) The structure, as replaced, is not any further seaward than the original structure.
(4) The replaced structure is permitted by local zoning and building authorities.
(5) Where possible, the replaced structure is moved behind the setback line or if not possible, then as far landward as possible.
(6) Any erosion control device protecting the
replaced structure conforms to the requirements as set forth in subsection (C) of this section.
(7) The owner renourishes the beach in front of the property on a yearly basis with an amount and type of sand to be approved by the council, but which must not be less than one and one-half times the yearly volume of sand lost due to erosion. However, the provisions of this item do not apply if the structure is in an area landward of an ongoing federal, state, or local government renourishment project.
(8) The reconstruction is not seaward of the baseline.
If a habitable structure is rebuilt pursuant to this section, no recreational amenity may be built or rebuilt seaward of the setback line. Nothing in this section allows any rebuilding in the area from the baseline to twenty feet landward of the baseline. A person having a recorded interest or interest by operation of law in or registered claim to land within the area from the baseline to twenty feet landward of the baseline affected by this prohibition may petition the circuit court to determine whether the petitioner is the owner of the land in question, or has an interest in it, and in case he is adjudged the owner of the subject land, or has an interest in it, the court shall determine whether the rebuilding prohibition so restricts the use of his property as to deprive him of the practical uses of it, being not otherwise authorized by law, and is therefore an unreasonable exercise of the police power because the prohibition constitutes the equivalent of taking without compensation. The burden of proof is on the petitioner as to ownership and the burden of proof is on the State to prove that the prohibition is not an unreasonable exercise of the police power. The method provided in this subsection for the determination of the issue of whether the prohibition constitutes a taking without compensation is exclusive and the issue may not be determined in any other proceeding. The court shall enter a judgment in accordance with the issues. If the judgment is in favor of petitioner, the order shall require the State to either issue the necessary permits for reconstruction of the structure or, in the alternative, to provide reasonable compensation for the loss of use of the land. From a decision of the court either party may appeal as a matter of right. If the owner decides not to repair or rebuild the damaged habitable structure, then he is responsible for its removal. Rebuilding is only allowed when the original structure has been destroyed beyond repair. Nothing in this section prevents the performance of normal maintenance or repairs that do not alter the exterior walls of the structure nor prevents the reconstruction of walkways or other structures providing access to the beach.
(C) If an erosion control device seaward of the setback line is damaged by a natural disaster, the owner shall report it to the council. The council then shall determine if a damage appraisal is needed. If an erosion control device is determined to be less than fifty percent damaged, it may be repaired in the original location if permitted by the local zoning and building authority. If the erosion control device is determined to be damaged or destroyed fifty percent or more, it must not be repaired but may be replaced by the owner if a permit is obtained from the local governing body and a permit is obtained from the council which requires that:
(1) the replaced erosion control device is constructed according to guidelines to be developed by the council which prohibit vertical erosion control devices and which require construction according to generally accepted engineering and scientific principles;
(2) the replacement erosion control device protects a habitable structure and is moved as
far landward as possible, and the most seaward point of the replaced erosion control device does not extend further seaward than the original vertical erosion control device or the landward crest of the original sloping revetment unless this requirement would result in the replaced erosion control device being located in a position which would intersect with or damage the existing habitable structure.
Notwithstanding any other provision of this section, an erosion control device protecting undeveloped property may be replaced at its original location in order to provide a continuous structure as it existed before the damage, and the structure must conform to the guidelines as set forth in item (1) of this subsection.
If an erosion control device is replaced pursuant to this section, the owner is required to renourish the beach in front of the property on a yearly basis with an amount and type of sand to be approved by the council, but which is not less than one and one-half times the yearly volume of sand lost due to erosion. However, the provisions of this subsection do not apply if the structure is in an area landward of an ongoing federal, state, or local government renourishment project.
Any failure to comply with the requirements of this section results in the immediate removal of the erosion control device by the owner.
If the owner decides not to repair or replace the damaged erosion control device then he is responsible for its removal. Effective thirty years after the effective date of Sections 48-39-270 through 48-39-360, all vertical seawalls must be replaced with an erosion control device which is constructed according to guidelines to be developed by the council and which must comply with the requirements set forth in this subsection unless a registered structural engineer certifies to the council that the removal of the existing erosion control device would result in the immediate collapse or damage to existing habitable structures. Nothing in this paragraph requires the removal of any erosion control device protecting a public highway which existed on the effective date of Sections 48-39-270 through 48-39-360. A local governing body may, if it notifies the council before July 1, 1988, exempt from the provisions of this subsection the shoreline fronting the Atlantic Ocean under its jurisdiction where coastal erosion has been shown to be attributed to a federally authorized navigation project as documented by the findings of a Section 111 Study conducted under the authority of the Rivers and Harbors Act of 1968, as amended by the Water Resources Development Act of 1986, and approved by the United States Army Corps of Engineers. Should the local governing body exempt its shoreline pursuant to this section, the area of shoreline so exempted shall not be eligible for any state funds provided for the purposes of beach renourishment.
(D) All original damage appraisals must be conducted by a certified appraiser retained by the property owner. The council may choose to retain a second appraisal from a certified appraiser. If the second appraisal varies from the first appraisal so as to require the replacement of the erosion control device, a third certified appraiser must be selected by the previous two appraisers with the costs being shared equally by the property owner and the council. The percentage of damage determined by the third appraiser is final.
(E) However, the local zoning and building authorities shall notify the council upon the issuance of any permits required pursuant to this section. The council shall enforce the provisions of this section pursuant to Section 48-39-50(I).
Section 48-39-300. No new habitable structures are allowed to be constructed, placed, or otherwise made to appear seaward of the setback line, except for new habitable structures no larger than a total of five thousand square feet inclusive of porches, decks, patios, and garages and only on lots platted as of the effective date of Sections 48-39-270 through 48-39-360. However, no new habitable structures are allowed in the area from the baseline to twenty feet landward of the baseline. No new construction is allowed seaward of the baseline. No new recreational amenities may be constructed, placed, or otherwise made to appear seaward of the setback line. The new habitable structure must be constructed according to the local zoning and building codes and is contingent upon certification being given to the council that the habitable structure shall be no larger than five thousand square feet inclusive of porches, decks, patios, and garages and shall be located as far landward on the property as practicable. No new erosion control devices are allowed to be constructed, placed, or otherwise made to appear seaward of the setback line, except for the protection of public highways which existed on the effective date of Sections 48-39-270 through 48-39-360. No erosion control devices may be incorporated as an integral part of any new habitable structure constructed pursuant to this section. However, any person, partnership, or corporation who owns real property that is subject to the setback line as provided for in this section may proceed with the construction of a building under an issued building permit or the construction of buildings and other elements of the master plan, planned development, or planned unit development as approved notwithstanding the setback line established for the property if the person, partnership, or
corporation legally has begun a use as evidenced by at least one of the following:
(1) All building permits have been issued by a local government before March 1, 1988.
(2) There is a master plan, planned development, or planned unit development:
(a) that has been approved in writing by a local government before March 1, 1988; or
(b) where work has begun pursuant to approval as evidenced by the completion of the utility and infrastructure installation designed to service the real property that is subject to the setback line and included in the approved master plan, planned development, or planned unit development.
The completed utility and infrastructure installation must be pursuant to a site development plan for utility and infrastructure installation that has been approved by the municipality or local government, and the utility and infrastructure installation must have been completed as of March 1, 1988, pursuant to the plan.
However, any repairs performed on a habitable structure built pursuant to this section is subject to the guidelines for repairs as set forth in Section 48-39-290(A).
Nothing herein prohibits the construction of fishing piers or structures, which enhance beach access, seaward of the baseline if permitted by the council.
Section 48-39-310. The destruction of any beach or dune vegetation seaward of the setback line is prohibited unless there is no feasible alternative. When there is destruction of vegetation permitted seaward of the setback line, mitigation for the destruction is required as part of the permit conditions.
Section 48-39-320. The council's responsibilities include the creation of a long-range and comprehensive beach management plan for the Atlantic Ocean shoreline in South Carolina. The plan must include all of the following:
(1) development of the data base for the state's coastal areas to provide essential information necessary to make informed and scientifically based decisions concerning the maintenance or enhancement of the beach/dune system;
(2) development of guidelines and their coordination with appropriate agencies and local governments for the accomplishment of:
(a) beach/dune restoration and nourishment, including the projected impact on coastal erosion rates, cost/benefit of the project, impact on floor flora and fauna, and funding alternatives;
(b) development of a beach access program to preserve the existing public access and enhance public access to assure full enjoyment of the beach by all residents of this State;
(c) maintenance of a dry sand and ecologically stable beach;
(d) protection of all sand dunes seaward of the setback line;
(e) protection of endangered species, threatened species, and important habitats, such as nesting grounds;
(f) regulation of vehicular traffic upon the beaches and the beach/dune system which includes the prohibition of vehicles upon public beaches for nonessential uses;
(g) development of a mitigation policy for construction allowed seaward of the setback line, which must include dedication of public access ways, nourishment, vegetation, and other appropriate means;
(3) formulation of recommendations for funding programs which may achieve the goals set forth in the State Comprehensive Beach Management Plan;
(4) development of a program on public education and awareness of the importance of the beach/dune system, the project to be coordinated with the South Carolina Educational Television Network and Department of Parks, Recreation and Tourism;
(5) assistance to local governments in developing the local comprehensive beach management plans.
Section 48-39-330. Thirty days after the initial adoption by the council of setback lines, any contract of sale and any deed with respect to transfers of real property located in whole or in part seaward of the setback line must contain a disclosure statement including the location of the property in proximity to the setback line, the baseline, the velocity zone, as defined by the federal emergency management agency, the seaward corners of all habitable structures referenced to the South Carolina State Plane Coordinate System (N. A. D. - 1983), and include the local erosion rate most recently made available by the council for that particular inlet erosion zone or standard erosion zone, as applicable. Any language reasonably calculated to call attention to the existence of baselines, setback lines, the velocity zone, and the erosion rate, or reference to a plat that shows the location of the lines and zones and includes the applicable erosion rate complies to comply with this section.
Section 48-39-340. Any funding for local governments to provide for beach front management must be distributed in a fair and equitable manner. Consideration must be given to the size of the locality, the need for beach management in the area, the cost/benefits of expenditures in that area, and the best interest of the beach/dune system of the State as prioritized by the council.
Section 48-39-350. (A) The local governments shall prepare within two years of the effective date of Sections 48-39-270 through 48-39-360 in coordination with the council a local comprehensive beach management plan which must be submitted for approval to the council. The local comprehensive beach management plan, at a minimum, must contain all of the following:
(1) an inventory of beach profile data and historic erosion rate data provided by the council for each standard erosion zone and inlet erosion zone under the local jurisdiction;
(2) an inventory of public beach access and attendant parking along with a plan for enhancing public access and parking;
(3) an inventory of all structures located in the area seaward of the setback line;
(4) an inventory of turtle nesting and important habitats of the beach/dune system and a protection and restoration plan if necessary;
(5) a conventional zoning and land use plan consistent with the purposes of this chapter for the area seaward of the setback line;
(6) an analysis of beach erosion control alternatives, including renourishment for the beach under the local government's jurisdiction;
(7) a drainage plan for the area seaward of the setback zone;
(8) a post disaster plan including plans for cleanup, maintaining essential services, protecting public health, emergency building ordinances, and the establishment of priorities, all of which must be consistent with this chapter;
(9) a detailed strategy for achieving the goals of this chapter by the end of the forty-year retreat period. Consideration must be given to relocating buildings, removal of erosion control structures, and relocation of utilities;
(10) a detailed strategy for achieving the goals of preservation of existing public access
and the enhancement of public access to assure full enjoyment of the beach by all residents of this State.
The plan must be updated at least every five years in coordination with the council following its approval. The local governments and the council shall work together and implement the plan within three years of the effective date of Sections 48-39-270 through 48-39-360.
(B) Notwithstanding the provisions of Section 48-39-340, if a local government fails to act in a timely manner to establish and enforce a local coastal beach management plan, the council shall impose and implement the plan or the State Comprehensive Beach Management Plan for the local government. If a local government fails to establish and enforce a local coastal beach management plan, the government automatically loses its eligibility to receive any available state-generated or shared revenues designated for beach/dune system protection, preservation, restoration, or enhancement, except as directly applied by the council in its administrative capacities.
Section 48-39-360. The provisions of this chapter do not apply to any areas which are at least one-half mile inland from the mouth of an inlet."
Critical area defined
SECTION 4. Section 48-39-10(J) of the 1976 Code is amended to read:
"(J) 'Critical area' means any of the following:
(1) coastal waters;
(4) beach/dune system which is the area from the mean high-water mark to the setback line as determined in Section 48-39-280."
SECTION 5. Section 48-39-130(D)(1) and (6) of the 1976 Code is amended to read:
"(1) The accomplishment of emergency orders of any duly appointed official of a county or municipality or of the State, acting to protect the public health and safety, upon notification to the council. However, only the use of sandbags or sandscraping, or both, in accordance with guidelines provided by the council is allowed pursuant to this item.
(6) Emergency repairs to any existing bank, dike, or fishing pier which has been erected in accordance with federal and state laws or provided for by general law or acts passed by the General Assembly of South Carolina, if notice is given in writing to the council within seventy-two hours from the onset of the needed repairs."
SECTION 6. This act takes effect July 1, 1988.