Current Status Introducing Body:
SenateBill Number: 716Ratification Number: 170Act Number: 127Primary Sponsor: McConnellType of Legislation: GBSubject: Coastal Council, critical area delineationsDate Bill Passed both Bodies: 19930528Computer Document Number: CYY/15492SD.93Governor's Action: SDate of Governor's Action: 19930614Introduced Date: 19930421Date of Last Amendment: 19930520Last History Body: ------Last History Date: 19930614Last History Type: Act No. 127Scope of Legislation: StatewideAll Sponsors: McConnellType of Legislation: General Bill
Bill Body Date Action Description CMN Leg Involved ---- ------ ------------ ------------------------------ --- ------------ 716 ------ 19930614 Act No. 127 716 ------ 19930614 Signed by Governor 716 ------ 19930610 Ratified R 170 716 House 19930528 Read third time, enrolled for ratification 716 House 19930527 Read second time, unanimous consent for third reading on next Legislative day 716 House 19930525 Introduced, read first time, placed on Calendar without reference 716 Senate 19930521 Read third time, sent to House 716 Senate 19930520 Amended, read second time, unanimous consent for third reading on Friday, May 21, 1993 716 Senate 19930520 Committee Report: Favorable 01 with amendment 716 Senate 19930421 Introduced, read first time, 01 referred to CommitteeView additional legislative information at the LPITS web site.
(A127, R170, S716)
AN ACT TO AMEND SECTION 48-39-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COASTAL COUNCIL BEING THE ONLY STATE AGENCY AUTHORIZED TO PERMIT OR DENY ALTERATIONS OR UTILIZATIONS WITHIN CRITICAL AREAS, SO AS TO FURTHER PROVIDE FOR THE VALIDITY OF CRITICAL AREA DELINEATIONS, AND TO PROVIDE EXCEPTIONS.
Be it enacted by the General Assembly of the State of South Carolina:
Critical area delineations; criteria; exceptions
SECTION 1. Section 48-39-210 of the 1976 Code is amended to read:
"Section 48-39-210. (A) The council is the only state agency with authority to permit or deny any alteration or utilization within the critical area except for the exemptions granted under Section 48-39-130(D) and the application for a permit 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 is valid only if the line is depicted on a survey performed by a professional surveyor, the line is reviewed by council, 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, and the survey contains clearly on its face in bold type the following statement:
`The area shown on this plat is a general representation of Coastal Council permit authority on the subject property. Critical areas by their nature are dynamic and subject to change over time. By generally delineating the permit authority of the Coastal Council, the Coastal Council in no way waives its right to assert permit jurisdiction at any time in any critical area on the subject property, whether shown hereon or not.'
(C) Notwithstanding any other provision of this chapter, a critical area line established pursuant to subsection (B) that affects subdivided residential lots expires after three years from the council date on the survey described in subsection (B). For purposes of this section only, a critical area delineation existing on the effective date of this act is valid until December 31, 1993.
(D) Exceptions to subsection (C) are 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 three-year time limit and where manmade alterations change the critical area line."
SECTION 2. This act takes effect upon approval by the Governor.
Approved the 14th day of June, 1993.