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4413Ratification Number: 219Act Number: 198Type of Legislation: General Bill GBIntroducing Body: HouseIntroduced Date: 20020108Primary Sponsor: ScarboroughAll Sponsors: Scarborough, Rodgers, Wilkins, Miller, Leach, R. Brown, Gilham, W.D. Smith, BowersDrafted Document Number: l:\council\bills\nbd\11034ac02.docDate Bill Passed both Bodies: 20020320Date of Last Amendment: 20020312Governor's Action: SDate of Governor's Action: 20020327Subject: Beach renourishment efforts, construction and repair of groins; procedures for landowner adversely impacted by groinHistory Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ ------ 20020424 Act No. A198 ------ 20020327 Signed by Governor ------ 20020321 Ratified R219 House 20020320 Concurred in Senate amendment, enrolled for ratification Senate 20020313 Read third time, returned to House with amendment Senate 20020312 Amended, read second time Senate 20020307 Recalled from Committee 01 SANR Senate 20020212 Introduced, read first time, 01 SANR referred to Committee House 20020208 Read third time, sent to Senate ------ 20020208 Scrivener's error corrected House 20020207 Amended, read second time, unanimous consent for third reading on Friday, 20020208 House 20020207 Co-Sponsor added (Rule 5.2) by Rep. Bowers House 20020206 Committee report: Favorable with 20 HANR amendment House 20020110 Co-Sponsor added (Rule 5.2) by Rep. W.D. Smith House 20020109 Co-Sponsor added (Rule 5.2) by Rep. Gilham House 20020108 Co-Sponsor added (Rule 5.2) by Rep. R. Brown House 20020108 Introduced, read first time, 20 HANR referred to Committee House 20011212 Prefiled, referred to Committee 20 HANR Versions of This Bill Revised on February 6, 2002 - Word format Revised on February 7, 2002 - Word format Revised on February 8, 2002 - Word format Revised on March 7, 2002 - Word format Revised on March 12, 2002 - Word format
(A198, R219, H4413)
AN ACT TO AMEND SECTION 48-39-290, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON CONSTRUCTION OR RECONSTRUCTION SEAWARD OF THE COASTAL BASELINE, SO AS TO AUTHORIZE THE RECONSTRUCTION, REPAIR, AND MAINTENANCE OF EXISTING GROINS; TO AUTHORIZE THE CONSTRUCTION OF NEW GROINS ON BEACHES THAT HAVE A HIGH EROSION RATE THREATENING EXISTING DEVELOPMENT OR PUBLIC PARKS AND ONLY IN FURTHERANCE OF AN ON-GOING BEACH RENOURISHMENT EFFORT AND TO FURTHER REQUIRE AN APPLICANT FOR NEW GROINS TO MONITOR THE GROINS FOR THE LIFE OF THE PROJECT; TO REQUIRE GROINS TO BE PERMITTED ONLY AFTER THOROUGH ANALYSIS DEMONSTRATES NO DETRIMENTAL EFFECT WILL BE CAUSED; TO REQUIRE RECONFIGURATION, REMOVAL, OR BEACH RENOURISHMENT IF GROIN MONITORING INDICATES INCREASED EROSION; TO REQUIRE NOTICE TO COMMUNITIES OF APPLICATIONS FOR GROIN PROJECTS; AND TO PROVIDE THAT NO PRIVATE CAUSE OF ACTION IS CREATED, TO SPECIFY THE REMEDIES AVAILABLE, AND TO PROVIDE PROCEDURES FOR A LANDOWNER ADVERSELY IMPACTED BY A GROIN TO NOTIFY THE DEPARTMENT OF SUCH IMPACT AND FOR THE DEPARTMENT TO RESPOND.
Be it enacted by the General Assembly of the State of South Carolina:
Groins, requirements for new construction
SECTION 1. Section 48-39-290(A) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(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 may only be allowed on beaches that have high erosion rates with erosion threatening existing development or public parks. In addition to these requirements, new groins may be constructed and existing groins may be reconstructed only in furtherance of an on-going beach renourishment effort which meets the criteria set forth in regulations promulgated by the department and in accordance with the following:
(a) The applicant shall institute a monitoring program for the life of the project to measure beach profiles along the groin area and adjacent and downdrift beach areas sufficient to determine erosion/accretion rates. For the first five years of the project, the monitoring program must include, but is not necessarily limited to:
(i) establishment of new monuments;
(ii) determination of the annual volume and transport of sand; and
(iii) annual aerial photographs.
Subsequent monitoring requirements must be based on results from the first five-year report.
(b) Groins may only be permitted after thorough analysis demonstrates that the groin will not cause a detrimental effect on adjacent or downdrift areas. The applicant shall provide a financially binding commitment, such as a performance bond or letter of credit that is reasonably estimated to cover the cost of reconstructing or removing the groin and/or restoring the affected beach through renourishment pursuant to subsection (c).
(c) If the monitoring program established pursuant to subsection (a) shows an increased erosion rate along adjacent or downdrift beaches that is attributable to a groin, the department must require either that the groin be reconfigured so that the erosion rate on the affected beach does not exceed the pre-construction rate, that the groin be removed, and/or that the beach adversely affected by the groin be restored through renourishment.
(d) Adjacent and downdrift communities and municipalities must be notified by the department of all applications for a groin project.
(e) Nothing in the section shall be construed to create a private cause of action, but nothing in this section shall be construed to limit a cause of action under recognized common law or other statutory theories. The sole remedies, pursuant to this section, are:
(i) the reconstruction or removal of a groin; and/or
(ii) restoration of the adversely affected beach and adjacent real estate through renourishment pursuant to subitem (c).
An adjacent or downdrift property owner that claims a groin has caused or is causing an adverse impact shall notify the department of such impact. The department shall render an initial determination within sixty (60) days of such notification. Final agency action shall be rendered within twelve months of notification. An aggrieved party may appeal the decision pursuant to the Administrative Procedures Act.
A permit must be obtained from the department for items (2) through (8)."
SECTION 2. This act takes effect upon approval by the Governor.
Ratified the 21st day of March, 2002.
Approved the 27th day of March, 2002.
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