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A105, R132, H3827
Sponsors: Reps. Loftis, Edge, R. Brown, Frye, Sandifer, W.D. Smith, Vick, Witherspoon, Davenport, Perry, Mahaffey, Miller and Clemmons
Document Path: l:\council\bills\nbd\11565ac05.doc
Introduced in the House on March 31, 2005
Introduced in the Senate on May 3, 2005
Last Amended on May 18, 2005
Passed by the General Assembly on May 25, 2005
Governor's Action: June 1, 2005, Signed
Summary: Department of Health and Environmental Control
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 3/31/2005 House Introduced and read first time HJ-8 3/31/2005 House Referred to Committee on Agriculture, Natural Resources and Environmental Affairs HJ-9 4/20/2005 House Committee report: Favorable with amendment Agriculture, Natural Resources and Environmental Affairs HJ-5 4/25/2005 Scrivener's error corrected 4/26/2005 House Member(s) request name added as sponsor: Mahaffey 4/27/2005 House Member(s) request name added as sponsor: Miller, Clemmons 4/27/2005 House Amended HJ-92 4/27/2005 House Read second time HJ-93 4/28/2005 House Read third time and sent to Senate HJ-13 5/3/2005 Senate Introduced and read first time SJ-25 5/3/2005 Senate Referred to Committee on Agriculture and Natural Resources SJ-25 5/12/2005 Senate Committee report: Favorable Agriculture and Natural Resources SJ-23 5/16/2005 Scrivener's error corrected 5/18/2005 Senate Amended SJ-46 5/18/2005 Senate Read second time SJ-46 5/19/2005 Senate Read third time and returned to House with amendments SJ-29 5/25/2005 House Concurred in Senate amendment and enrolled HJ-300 5/26/2005 Ratified R 132 6/1/2005 Signed By Governor 6/3/2005 Copies available 6/3/2005 Effective date 06/01/05 6/7/2005 Act No. 105
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VERSIONS OF THIS BILL
(A105, R132, H3827)
AN ACT TO AMEND SECTION 48-39-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PERMIT OR DENY ALTERATION OR UTILIZATION WITHIN AREAS DESIGNATED AS CRITICAL AREAS, SO AS TO PROVIDE THAT A CRITICAL AREA LINE ESTABLISHED BY THE DEPARTMENT ON A SURVEY MEETING CERTAIN REQUIREMENTS EXPIRES AFTER FIVE YEARS, RATHER THAN THREE YEARS; TO PROVIDE AN EXCEPTION TO THE FIVE-YEAR CRITICAL AREA LINE VALIDITY FOR ERODING COASTAL SALTWATER STREAM BANKS WHERE THE LINE IS EXPECTED TO MOVE DUE TO THE MEANDERING OF THE STREAM BEFORE THE FIVE YEAR EXPIRATION PERIOD; AND TO DELETE THE PROVISION THAT A CRITICAL AREA DELINEATION REFERENCED IN A PERMIT ISSUED BY THE DEPARTMENT IS VALID FOR THE TERM OF THE PERMIT.
Be it enacted by the General Assembly of the State of South Carolina:
Critical area delineations
SECTION 1. Section 48-39-210 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 48-39-210. (A) The department 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 department is valid only if the line is depicted on a survey performed by a professional surveyor, the line is reviewed by the department, the department 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 representation of department permit authority on the subject property. Critical areas by their nature are dynamic and subject to change over time. By delineating the permit authority of the department, the department 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) expires after five years from the department date on the survey described in subsection (B).
(D) Exceptions to subsection (C) are eroding coastal saltwater 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. This act takes effect upon approval by the Governor.
Ratified the 26th day of May, 2005.
Approved the 1st day of June, 2005.
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