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Bill 1069

                    Current Status

Bill Number:                      1069
Type of Legislation:              General Bill GB
Introducing Body:                 Senate
Introduced Date:                  20020228
Primary Sponsor:                  Pinckney
All Sponsors:                     Pinckney
Drafted Document Number:          l:\council\bills\swb\5142djc02.doc
Residing Body:                    Senate
Current Committee:                Agriculture and Natural Resources 
                                  Committee 01 SANR
Subject:                          Beach construction, restrictions on; 
                                  repair and maintenance of existing groins 
                                  permitted; housing construction prohibited on 
                                  sand dunes and active beaches


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
Senate  20020228  Introduced, read first time,           01 SANR
                  referred to Committee


              Versions of This Bill

TO AMEND SECTION 48-39-290, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON BEACH CONSTRUCTION OR RECONSTRUCTION SEAWARD OF THE BASELINE OR BETWEEN THE BASELINE AND THE SETBACK LINE, SO AS TO PROVIDE THAT EXISTING GROINS MAY BE RECONSTRUCTED, REPAIRED, AND MAINTAINED, AND TO FURTHER PROVIDE FOR ISSUANCE OF SPECIAL PERMITS AUTHORIZING CONSTRUCTION OR RECONSTRUCTION OF CERTAIN STRUCTURES SEAWARD OF THE BASELINE.

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

SECTION 1. Section 48-39-290(A) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 48-39-290. (A) No new construction or reconstruction is allowed seaward of the baseline except:

(1) wooden walkways no larger in width than six feet;

(2) small wooden decks no larger than one hundred forty-four square feet;

(3) fishing piers which are open to the public. Those fishing piers with their associated structures including, but not limited to, baitshops, restrooms, restaurants, and arcades which existed September 21, 1989, may be rebuilt if they are constructed to the same dimensions and utilized for the same purposes and remain open to the public. In addition, those fishing piers with their associated structures which existed on September 21, 1989, that were privately owned, privately maintained, and not open to the public on this date also may be rebuilt and used for the same purposes if they are constructed to the same dimensions;

(4) golf courses;

(5) normal landscaping;

(6) structures specifically permitted by special permit as provided in subsection (D);

(7) pools may be reconstructed if they are landward of an existing, functional erosion control structure or device.;

(8) existing groins may be reconstructed, repaired, and maintained. New groins shall only be allowed on beaches that have high erosion rates with erosion threatening existing development or a public park. In addition to these requirements, new groins shall only be constructed in furtherance of an on-going beach renourishment effort which meets the criteria set forth in the department's regulations. A permit must be obtained from the department for items (2) through (7)(8)."

SECTION 2. Section 48-39-290(D) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"(D) Special permits:

(1) If an applicant requests a permit to build or rebuild a structure other than an erosion control structure or device seaward of the baseline that is not allowed otherwise pursuant to Sections 48-39-250 through 48-39-360, the department may issue a special permit to the applicant authorizing the construction or reconstruction if the of the structure. However, in no case may a habitable structure is not be constructed or reconstructed on a primary oceanfront sand dune or on the active beach and, if the beach erodes to the extent the permitted habitable structure becomes situated on the active beach, the permittee agrees to remove the habitable structure from the active beach if the department orders the removal. However, the use of the property authorized under this provision, in the determination of the department, must not be detrimental to the public health, safety, or welfare.

(2) The department's Permitting Committee is the committee to consider applications for special permits.

(3) In granting a special permit, the committee may impose reasonable additional conditions and safeguards as, in its judgment, will fulfill the purposes of Sections 48-39-250 through 48-39-360.

(4) A party aggrieved by the committee's decision to grant or deny a special permit application may appeal to the full Coastal Zone Management Appellate Panel pursuant to Section 48-39-150(D)."

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

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