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COMMITTEE REPORT
February 6, 2002
H. 4413
Introduced by Reps. Scarborough, Rodgers, Wilkins, Miller, Leach, R. Brown, Gilham and W.D. Smith
S. Printed 2/6/02--H.
Read the first time January 8, 2002.
To whom was referred a Bill (H. 4413) to amend Section 48-39-290, as amended, Code of Laws of South Carolina, 1976, relating to restrictions on construction or reconstruction seaward of the coastal baseline, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 48-39-290(A) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(A) No new construction or reconstruction is allowed seaward of the baseline except:
(1) wooden walkways no larger in width than six feet;
(2) small wooden decks no larger than one hundred forty-four square feet;
(3) fishing piers which are open to the public. Those fishing piers with their associated 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 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;
(4) golf courses;
(5) normal landscaping;
(6) structures specifically permitted by special permit as provided in subsection (D);
(7) pools may be reconstructed if they are landward of an existing, functional erosion control structure or device.;
(8) existing groins may be reconstructed, repaired, and maintained. New groins may only be allowed on beaches that have high erosion rates with erosion threatening existing development or public parks. In addition to these requirements, new groins may be constructed and existing groins may be reconstructed only in furtherance of an on-going beach renourishment effort which meets the criteria set forth in regulations promulgated by the department and in accordance with the following:
(a) The applicant shall institute a monitoring program for the life of the project to measure beach profiles along the groin area and adjacent and downdrift beach areas sufficient to determine erosion/accretion rates. For the first five years of the project, the monitoring program must include, but is not necessarily limited to:
(i) establishment of new monuments;
(ii) determination of the annual volume and transport of sand; and
(iii) annual aerial photographs.
Subsequent monitoring requirements must be based on results from the first five year report.
(b) Groins may only be permitted after thorough analysis of the project demonstrates that there will be no negative effect on adjacent areas. The applicant shall provide a financially binding commitment to cover the cost of correcting any adverse downdrift impacts. Groins must be modified or possibly removed, and beach restoration performed or other mitigation provided, if and when monitoring shows evidence of an increased erosion rate along adjacent or downdrift beaches or shoreline high ground likely attributable to the groins. The applicant has the burden of proving that groins are not causing harm.
(c) Adjacent and downdrift communities and municipalities must be notified of all applications for a groin project.
A permit must be obtained from the department for items (2) through (7)(8)."
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.
CHARLES R. SHARPE for Committee.
TO AMEND SECTION 48-39-290, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON CONSTRUCTION OR RECONSTRUCTION SEAWARD OF THE COASTAL BASELINE, SO AS TO AUTHORIZE THE RECONSTRUCTION, REPAIR, AND MAINTENANCE OF EXISTING GROINS, TO AUTHORIZE THE CONSTRUCTION OF NEW GROINS ON BEACHES THAT HAVE A HIGH EROSION RATE THREATENING EXISTING DEVELOPMENT OR PUBLIC PARKS AND ONLY IN FURTHERANCE OF AN ON-GOING BEACH RENOURISHMENT EFFORT, AND TO CLARIFY THAT OF SPECIAL PERMITS AUTHORIZED FOR CONSTRUCTION OR RECONSTRUCTION OF STRUCTURES SEAWARD OF THE BASELINE, NO HABITABLE STRUCTURE MAY BE CONSTRUCTED OR RECONSTRUCTED ON A PRIMARY OCEANFRONT SAND DUNE OR ON THE ACTIVE BEACH AND IF, DUE TO EROSION, A PERMITTED HABITABLE STRUCTURE BECOMES SITUATED ON THE ACTIVE BEACH, THE OWNER AGREES TO REMOVE IT IF ORDERED TO DO SO BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 48-39-290(A) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(A) No new construction or reconstruction is allowed seaward of the baseline except:
(1) wooden walkways no larger in width than six feet;
(2) small wooden decks no larger than one hundred forty-four square feet;
(3) fishing piers which are open to the public. Those fishing piers with their associated 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 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;
(4) golf courses;
(5) normal landscaping;
(6) structures specifically permitted by special permit as provided in subsection (D);
(7) pools may be reconstructed if they are landward of an existing, functional erosion control structure or device.;
(8) existing groins may be reconstructed, repaired, and maintained. New groins shall only be constructed on beaches that have high erosion rates with erosion threatening existing development or public parks, and new groins shall only be constructed in furtherance of an on-going beach renourishment effort which meets the criteria set forth in regulations promulgated by the department.
A permit must be obtained from the department for items (2) through (7).(8)."
SECTION 2. Section 48-39-290(D)(1) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(1) If an applicant requests a permit to build or rebuild a structure other than an erosion control structure or device seaward of the baseline that is not allowed otherwise pursuant to Sections 48-39-250 through 48-39-360, the department may issue a special permit to the applicant authorizing the construction or reconstruction if of the structure. is not However, in no case may a habitable structure be constructed or reconstructed on a primary oceanfront sand dune or on the active beach and, if the beach erodes to the extent the permitted habitable structure becomes situated on the active beach, the permittee agrees to remove the habitable structure from the active beach if the department orders the removal. However, the use of the property authorized under this provision, in the determination of the department, must not be detrimental to the public health, safety, or welfare."
SECTION 3. This act takes effect upon approval by the Governor.
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