Current Status Introducing Body:House Bill Number:3945 Primary Sponsor:Barber Committee Number:20 Type of Legislation:GB Subject:Coastal Council, critical areas Residing Body:House Current Committee:Agriculture, Natural Resources, and Environmental Affairs Computer Document Number:436/11240AC.93 Introduced Date:19930413 Last History Body:House Last History Date:19930413 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Barber Holt Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
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3945 House 19930413 Introduced, read first time, 20
referred to Committee
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TO AMEND SECTION 48-39-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALTERATIONS TO CRITICAL AREAS IN COASTAL TIDELANDS AND WETLANDS, SO AS TO PROVIDE THAT CRITICAL AREA DELINEATIONS ESTABLISHED BY COASTAL COUNCIL ARE VALID FOR FIVE YEARS, IF VALIDATED BY COASTAL COUNCIL, TO PROVIDE AN EXCEPTION, AND TO PROVIDE TEMPORARY RECOGNITION OF THOSE CRITICAL AREA DELINEATIONS EXISTING ON THIS ACT'S EFFECTIVE DATE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 48-39-210 of the 1976 Code is amended to read:
"Section 48-39-210. (A) Ninety days after July 1, 1977, the The council shall be is the only state agency with authority to permit or deny any alteration or utilization within the a critical area except for the exemptions granted under Section 48-39-130(D) and such. An application for a permit shall must be acted upon within the time prescribed by this chapter.
(B) A critical area delineation for coastal waters or tidelands established by the council are valid for five years provided the line is recorded on a survey performed by a professional surveyor, the survey is reviewed by council, and council validates the location of the boundaries of the coastal waters or tidelands critical area on the survey by affixing a stamp and date to the survey. This subsection does not apply to eroding coastal stream banks where it can be expected that the line will move due to the meandering of the stream before the expiration of the five-year time limit and where manmade alterations change the critical area line."
SECTION 2. Any critical area delineations existing on the effective date of this act must be recognized by Coastal Council as valid through December 31, 1993. After December 31, 1993, these lines are no longer valid and must be validated by Coastal Council.
SECTION 3. This act takes effect upon approval by the Governor.