South Carolina General Assembly
119th Session, 2011-2012

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A25, R45, H3586

STATUS INFORMATION

General Bill
Sponsors: Reps. Hardwick, Clemmons, Loftis, Corbin, Barfield, Thayer, Patrick, Hearn, Murphy, Ryan, Viers, Bedingfield, Edge, Herbkersman, Horne and Stringer
Document Path: l:\council\bills\nbd\11192ac11.docx

Introduced in the House on February 3, 2011
Introduced in the Senate on March 8, 2011
Last Amended on April 19, 2011
Passed by the General Assembly on April 27, 2011
Governor's Action: May 9, 2011, Signed

Summary: Piers

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
    2/3/2011  House   Introduced and read first time (House Journal-page 6)
    2/3/2011  House   Referred to Committee on Agriculture, Natural Resources 
                        and Environmental Affairs (House Journal-page 6)
    3/2/2011  House   Committee report: Favorable with amendment Agriculture, 
                        Natural Resources and Environmental Affairs 
                        (House Journal-page 2)
    3/3/2011  House   Amended (House Journal-page 25)
    3/3/2011  House   Read second time (House Journal-page 25)
    3/3/2011  House   Unanimous consent for third reading on next legislative 
                        day (House Journal-page 26)
    3/4/2011  House   Read third time and sent to Senate (House Journal-page 2)
    3/8/2011  Senate  Introduced and read first time (Senate Journal-page 33)
    3/8/2011  Senate  Referred to Committee on Agriculture and Natural 
                        Resources (Senate Journal-page 33)
   4/14/2011  Senate  Polled out of committee Agriculture and Natural 
                        Resources (Senate Journal-page 18)
   4/14/2011  Senate  Committee report: Favorable Agriculture and Natural 
                        Resources (Senate Journal-page 18)
   4/19/2011  Senate  Amended (Senate Journal-page 25)
   4/19/2011  Senate  Read second time (Senate Journal-page 25)
   4/19/2011  Senate  Roll call Ayes-41  Nays-2 (Senate Journal-page 25)
   4/20/2011  Senate  Read third time and returned to House with amendments 
                        (Senate Journal-page 14)
   4/27/2011  House   Concurred in Senate amendment and enrolled 
                        (House Journal-page 24)
   4/27/2011  House   Roll call Yeas-103  Nays-0 (House Journal-page 24)
    5/5/2011          Ratified R 45
    5/9/2011          Signed By Governor
   5/13/2011          Effective date 05/09/11
   5/17/2011          Act No. 25

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

2/3/2011
3/2/2011
3/3/2011
4/14/2011
4/19/2011


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A25, R45, H3586)

AN ACT TO AMEND SECTION 48-39-290, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST NEW CONSTRUCTION OR RECONSTRUCTION SEAWARD OF THE BASELINE AND EXEMPTIONS FROM THIS PROHIBITION, SO AS TO INCLUDE IN THESE EXEMPTIONS ASSOCIATED AMENITY STRUCTURES ON FISHING PIERS; TO EXEMPT SUCH A STRUCTURE FROM PERMIT REQUIREMENTS IF THE LOCAL GOVERNING BODY FOR PLANNING AND ZONING AUTHORIZED THE CONSTRUCTION OF THE STRUCTURE; TO SPECIFY CERTAIN STRUCTURES THAT ARE NOT ASSOCIATED AMENITY STRUCTURES; AND TO PROVIDE A MAXIMUM AMOUNT OF THE PIER THAT SUCH A STRUCTURE MAY COVER.

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

Construction of associated amenity structures on fishing piers

SECTION    1.    Section 48-39-290(A)(3) of the 1976 Code is amended to read:

"(3)    fishing piers and associated amenity structures which are open to the public. Those fishing piers with their associated amenity 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 amenity 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;"

Permit exemption, pier coverage maximum

SECTION    2.    Section 48-39-290(A)(8)(e)(ii) of the 1976 Code is amended to read:

"(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 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). However, no permit is required under this chapter for associated amenity structures constructed on fishing piers if local governmental bodies having responsibility for the planning and zoning authorize construction of those amenity structures. Associated amenity structures do not include those employed as overnight accommodations or those consisting of more than two stories above the pier decking. Associated amenity structures, excluding restrooms, handicapped access features, and observation decks, may occupy no more than thirty-five percent of the total surface area of the fishing pier or be constructed at a location further seaward than one-half of the length of the fishing pier as measured from the baseline."

Time effective

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

Ratified the 5th day of May, 2011.

Approved the 9th day of May, 2011.

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