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TO SUSPEND THE RUNNING OF CERTAIN GOVERNMENTAL APPROVALS AFFECTING THE DEVELOPMENT OF REAL PROPERTY WITHIN THE STATE FOR THE PERIOD BEGINNING JANUARY 1, 2021, AND ENDING DECEMBER 31, 2024; AND TO PROVIDE GOVERNMENTAL ENTITIES ISSUING SUCH APPROVALS SHALL PUBLISH NOTICE IN THE STATE REGISTER LISTING THE TYPES OF THESE APPROVALS IT ISSUES AND NOTING THE SUSPENSION OF THE RUNNING OF THE PERIOD OF THE APPROVAL AND TO PROVIDE AN EXCEPTION FOR UNITS OF LOCAL GOVERNMENT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. This joint resolution may be cited as the "Permit Extension Joint Resolution of 2021".
SECTION 2. As used in this joint resolution:
(1) "Department" means the South Carolina Department of Health and Environmental Control.
(2) "Development" means the division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any building or other structure or facility, or any grading, soil removal or relocation, excavation or landfill, or any use or change in the use of any building or other structure or land or extension of the use of land.
(3) "Development approval" means an approval issued by the State, an agency or subdivision of the State, or a unit of local government, regardless of the form of the approval, that is for the development of land or for the provision of water or wastewater services by a governmental entity, including:
(a) an approval of an erosion and sedimentation control plan, land disturbance permit application, or stormwater management plan granted by a local government or by the department;
(b) a water or wastewater permit issued by the department, including authorization for construction and installation of lines and infrastructure extending water and sewer service and authorization to connect to available or proposed lines and infrastructure;
(c) an NPDES permit issued by the department for the construction, operation, and expansion of a publicly owned treatment works;
(d) a 401 water quality certification issued by the department;
(e) an air quality permit issued by the department;
(f) an approval by a county or its authorized boards and commissions of sketch plans, preliminary plats, plats regarding a subdivision of land, a site-specific development plan or a phased development plan, or a building permit;
(g) an approval by a city or its authorized boards and commissions of sketch plans, preliminary plats, plats regarding a subdivision of land, a site-specific development plan or a phased development plan, or a building permit; and
(h) a permit issued by the Office of Coastal Resource Management.
SECTION 3. A governmental entity that issued a building permit that has expired and has not been renewed by the governmental entity for one year, shall issue the building permit at no additional cost; however, the building permit must comply with existing rules and regulations in effect at the time the building permit is reissued.
SECTION 4. This joint resolution is intended to apply retroactively. For development approval that is current and valid on December 31, 2020, the running of the period of the development approval and any associated vested right is suspended during the period beginning January 1, 2021, and ending December 31, 2024.
SECTION 5. This joint resolution may not be construed or implemented to:
(1) extend a permit or approval issued by the United States or its agencies or instrumentalities;
(2) extend a permit or approval for which the term or duration of the permit or approval is specified or determined pursuant to federal law;
(3) shorten the duration that a development approval would have had in the absence of this joint resolution;
(4) prohibit the granting of additional extensions provided by law;
(5) affect an administrative consent order issued by the department in effect or issued at any time from the effective date of this joint resolution to December 31, 2024;
(6) affect the ability of a governmental entity to revoke or modify a development approval pursuant to law;
(7) modify a requirement of law that is necessary to retain federal delegation by the State of the authority to implement a federal law or program; or
(8) affect a Certificate of Need issued pursuant to Article 3, Chapter 7, Title 44 or a Demonstration of Need issued pursuant to Article 2, Chapter 96, Title 44.
SECTION 6. Within thirty days after the effective date of this joint resolution, each agency or subdivision of the State to which this joint resolution applies shall submit a notice for publication to the State Register listing the types of development approvals that the agency or subdivision issues and noting the suspension provided in this joint resolution. This section does not apply to units of local government.
SECTION 7. The provisions of this joint resolution must be liberally construed to effectuate the purposes of this joint resolution.
SECTION 8. This joint resolution takes effect upon approval by the Governor.
This web page was last updated on December 11, 2020 at 8:56 PM