South Carolina General Assembly
110th Session, 1993-1994

Bill 716


                    Current Status
Introducing Body:               Senate
Bill Number:                    716
Ratification Number:            170
Act Number:                     127
Primary Sponsor:                McConnell
Type of Legislation:            GB
Subject:                        Coastal Council, critical
                                area delineations
Date Bill Passed both Bodies:   19930528
Computer Document Number:       CYY/15492SD.93
Governor's Action:              S
Date of Governor's Action:      19930614
Introduced Date:                19930421
Date of Last Amendment:         19930520
Last History Body:              ------
Last History Date:              19930614
Last History Type:              Act No. 127
Scope of Legislation:           Statewide
All Sponsors:                   McConnell
Type of Legislation:            General Bill

History

Bill   Body    Date          Action Description              CMN  Leg Involved
----  ------  ------------  ------------------------------  ---  ------------
716   ------  19930614      Act No. 127
716   ------  19930614      Signed by Governor
716   ------  19930610      Ratified R 170
716   House   19930528      Read third time, enrolled for
                             ratification
716   House   19930527      Read second time, unanimous
                             consent for third reading on
                             next Legislative day
716   House   19930525      Introduced, read first time,
                             placed on Calendar without
                             reference
716   Senate  19930521      Read third time, sent to House
716   Senate  19930520      Amended, read second time,
                             unanimous consent for third
                             reading on Friday, May 21,
                             1993
716   Senate  19930520      Committee Report: Favorable      01
                             with amendment
716   Senate  19930421      Introduced, read first time,     01
                             referred to Committee
View additional legislative information at the LPITS web site.


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

(A127, R170, S716)

AN ACT TO AMEND SECTION 48-39-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COASTAL COUNCIL BEING THE ONLY STATE AGENCY AUTHORIZED TO PERMIT OR DENY ALTERATIONS OR UTILIZATIONS WITHIN CRITICAL AREAS, SO AS TO FURTHER PROVIDE FOR THE VALIDITY OF CRITICAL AREA DELINEATIONS, AND TO PROVIDE EXCEPTIONS.

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

Critical area delineations; criteria; exceptions

SECTION 1. Section 48-39-210 of the 1976 Code is amended to read:

"Section 48-39-210. (A) The council 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 council is valid only if the line is depicted on a survey performed by a professional surveyor, the line is reviewed by council, council 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 general representation of Coastal Council permit authority on the subject property. Critical areas by their nature are dynamic and subject to change over time. By generally delineating the permit authority of the Coastal Council, the Coastal Council 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) that affects subdivided residential lots expires after three years from the council date on the survey described in subsection (B). For purposes of this section only, a critical area delineation existing on the effective date of this act is valid until December 31, 1993.

(D) Exceptions to subsection (C) are eroding coastal stream banks where it can be expected that the line will move due to the meandering of the stream before the expiration of the three-year time limit and where manmade alterations change the critical area line."

Time effective

SECTION 2. This act takes effect upon approval by the Governor.

Approved the 14th day of June, 1993.