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TO AMEND SECTION 48-39-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL HAVING SOLE AUTHORITY TO PERMIT OR DENY ALTERATIONS OR UTILIZATIONS WITHIN THE COASTAL CRITICAL AREAS, SO AS TO PROVIDE THAT THE DEPARTMENT MUST MAKE AVAILABLE A DRAFT PERMIT TO THE APPLICANT PRIOR TO ISSUANCE OF THE PERMIT AND TO FURTHER PROVIDE THAT THE APPLICANT HAS TEN DAYS TO RESPOND TO THE DEPARTMENT REGARDING THE CONDITIONS OF THE DRAFT PERMIT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 48-39-210(A) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(A)(1) 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.
(2) The department shall make available to the applicant, or the applicant's designated agent, a copy of a draft permit, including any special conditions to be attached to a permit before issuance of the permit. The applicant has ten business days from receipt of the draft permit, and special conditions, to discuss with agency personnel or provide additional information concerning the ramifications of each special condition, or both. The applicant may notify the agency at any time during this ten day period that there are no objections to the draft permit or special conditions. The department may issue the permit upon receiving this notification from the applicant or after the ten day period has run if any additional information provided by the applicant concerning the draft permit, and special conditions, has been reviewed and seriously considered by the department."
SECTION 2. This act takes effect upon approval by the Governor.
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