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Bill Number: 995 Ratification Number: 511 Act Number 410 Introducing Body: Senate Subject: To provide that permits shall not be necessary for the construction of walkways over sand dunes in accordance with the council regulations
(A410, R511, S995)
AN ACT TO AMEND ACT 123 OF 1977, RELATING TO THE SOUTH CAROLINA COASTAL COUNCIL, SO AS TO PROVIDE THAT PERMITS SHALL NOT BE NECESSARY FOR THE CONSTRUCTION OF WALKWAYS OVER SAND DUNES IN ACCORDANCE WITH THE COUNCIL REGULATIONS; TO DELETE THE REQUIREMENT THAT DRAGLINES OR SIMILAR EQUIPMENT MUST BE REGISTERED BY THE COUNCIL AND MUST DISPLAY AN IDENTIFICATION NUMBER; TO PROVIDE THAT A VIOLATION OF THE ACT INVOLVING FIVE YARDS SQUARE OR LESS OF THE CRITICAL AREA MAY BE TREATED AS A MINOR VIOLATION SUBJECT TO AN EXCEPTION INVOLVING THE CONSTRUCTION OR REPAIR OF WATER CONTROL STRUCTURES; TO ESTABLISH PENALTIES FOR SUCH MINOR VIOLATIONS; TO EMPOWER CONSERVATION OFFICERS OF THE SOUTH CAROLINA WILDLIFE AND MARINE RESOURCES DEPARTMENT TO SERVE WARRANTS AND ENFORCE THE ACT; AND TO PROVIDE CIVIL PENALTIES, INJUNCTIVE RELIEF, AND TO PROVIDE FOR THE DEPOSIT OF PENALTIES COLLECTED IN THE GENERAL FUND OF THE STATE.
Be it enacted by the General Assembly of the State of South Carolina:
Construction of walkways
Section 1. Item (5) of subsection (D) of Section 13 of Act 123 of 1977 is amended by striking the last line and inserting: "with regulations promulgated by the Council." When amended the item shall read:
"(5) Construction of walkways over sand dunes in accordance with regulations promulgated by the Council."
Section 2. Section 15 of Act 123 of 1977 is amended by deleting subsection (G) in its entirety.
Section 3. Section 17 of Act 123 of 1977 is amended by adding at the beginning "(A)" and by adding at the end:
"(B) Any violation of any provision of this act involving five yards square (225 square feet) or less of critical area may be treated as a minor violation, the penalty for which shall be a fine of not less than fifty dollars nor more than two hundred dollars. The conservation officers of the South Carolina Wildlife and Marine Resources Department may serve warrants under this provision and otherwise enforce this act. The magistrates of this State have jurisdiction over minor violations of this act. Each day of noncompliance with any order issued relative to a minor violation or noncompliance with any permit, regulation, standard, or requirement relative to a minor violation shall constitute a separate offense; provided, however, that violations which involve the construction or repair of water control structures shall not be considered minor violations regardless of the area involved.
(C) Any person who is determined to be in violation of any provision of this act by the Coastal Council shall be liable for, and may be assessed by the Council for, a civil penalty of not less than one hundred dollars nor more than one thousand dollars per day of violation. Whenever the Council determines that any person is in violation of any permit, regulation, standard, or requirement under this act, the Council may issue an order requiring such person to comply with such permit, regulation, standard, or requirement, including an order requiring restoration when deemed environmentally appropriate by the Council; in addition, the Council may bring a civil enforcement action under this section as well as seeking an appropriate injunctive relief under Section 16 of this act.
(D) All penalties assessed and collected pursuant to this section shall be deposited in the general fund of the State."
Section 4. This act shall take effect upon the approval by the Governor.