[From the U.S. Government Printing Office, www.gpo.gov]




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                                        U . S . DEPARTMENT OF COMMERCE NOAA
                                        COASTAL SERVICES CENTER
                                        2234 SOIJTH HOBSON AVENUE
      IAUG 25 tool                      CHARLESTON P SC


                                                South Carolina Coastal Council
                                 egulatimons
                                                for permitting in critical areas
                                                of the state's coastal zone


                                                       May 1991



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                                                                               FOR ADDITIONAL INFORMATION:


                                                                         Should you have questions regarding
                                                                      this document or any other aspect of the
                                                                     South Carolina Coastal Council or South
                                                                        Carolina's Coastal Zone Management
                                                                           Program, please contact the Coastal
                                                                           Council at one of their four offices:





                                                                               South Carolina Coastal Council
                                                                                   4130 Faber Place, Suite 300
                                                                            Chalreston, South Carolina 29405
                                                                                                 (803)744-5838


                                                                               South Carolina Coastal Council
                                                                                 1201 Main Street, Suite 1520
                                                                             Columbia, South Carolina 29201
                                                                                                (803)737-0880


                                                                               South Carolina Coastal Council
                                                                                    1601 Oak Street, Suite 203
                                                                         Myrtle Beach, South Carolina 29577
                                                                                               (803) 626-7217


                                                                               South Carolina Coastal Council
                                                                                                  P.O. Box 587
                                                                                       1113 New Castle Street
                                                                               Beaufort, South Carolna 29901
                                                                                               (803) 5244885







                   SC Coastal Council                                                      Rules and Regulations
                                                     Table of Contents
                                                             May, 1991



                  30- 1. STATEMENT OF POLICY                                                            1
                          A. The Value of Tidelands and Coastal Waters                                  1
                          B. The Value of Beaches and Dunes                                             2
                          C. Definitions                                                                3

                  30-2. APPLYING FOR A PERMIT                                                           7
                          A.  Preliminary Review                                                        7
                          B.  Permit Application                                                        7
                          C.  Notification                                                              8
                          D.  Permit Processing                                                         8
                          E.  Comments on Application                                                   8
                          F.  Public Information                                                        9
                          G.  State Comment                                                             9
                          H.  Water Quality Certificate                                                 9

                  30-3. PUBLIC HEARINGS                                                                 9


                  30-4. DECISIONS ON A PERMIT                                                           9
                          A. Permit Approval                                                            9
                          13. Permit Denial                                                             9
                          C.  Action Upon a Permit                                                      9
                          D.  Completion of Work                                                        9
                          E.  Property Rights Not Affected; No State Liability;
                                 Other Permit Requirements                                              9
                          F.  Legally Commenced Use                                                     10

                  30-5. EXCEPTIONS                                                                      10
                          A. List of Exceptions                                                         10
                          B. Notification to Council of Emergency Orders                                11
                          C. Emergency Repairs to Banks and Dikes                                       11
                          D. Normal Maintenance and Repair                                              11


                  30-6. COUNCIL APPEALS                                                                 12
                          A.  Notice of Intention to Appeal                                             12
                          B.  Filing of Appeal                                                          12
                          C.  Public Notice                                                             12
                          D.  Intervenors                                                               12
                          E.  Comments                                                                  12
                          F.  Notification of Hearing                                                   12
                          G.  Hearing of Appeal                                                         12
                          H.  Record of Appeal                                                          12
                          I. Decision on Appeal                                                         13
                          J. Final Order                                                                13








             30-7. JUDICIAL APPEAL                                                           13
                    A. Exhaustion of Administrative Remedies                                 13
                    B. Time Period for Filing                                                13

             30-8. ENFORCEMENT                                                               1-3
                    A. Permit Revocation and Modification                                    13
                    B. Cease and Desist Directive                                            13
                    C. Arrest Warrants                                                       13
                    D. Penalties                                                             13
                    E. Judicial Enforcement                                                  14


             30-9. OTHER PROVISIONS                                                          14
                    A. Savings Clause                                                        14
                    B. Bonding by Council                                                    14
                    C. Transfer of Permits                                                   14
                    D. Declaratory Rulings                                                   14

             30-10. CRITICAL AREA BOUNDARIES                                                 14
                    A. Coastal Waters and Tidelands                                          14
                    B. Beach/Dune System                                                     15

             30-11. GENERAL GUIDELINES FOR ALL CRITICAL AREAS                                15
                    A. Preface                                                               15
                    B. General Considerations                                                15
                    C. Further Guidelines                                                    16
                    D. General Guidelines for Beaches and Dunes                              16


             30-12. SPECIFIC PROJECT STANDARDS FOR TIDELANDS
                           AND COASTAL WATERS                                                17
                    A. Docks and Piers                                                       17
                    B. Boat Ramps                                                            18
                    C. Bulkheads and Revetments (Rip rap)                                    18
                    D. Cables, Pipelines and Transmission Lines                              19
                    E. Marina Location and Design                                            19
                    F. Transportation                                                        21
                    G. Dredging and Filling                                                  22
                    H. Navigation Channels and Access Canals                                 23
                    I. Deposition of Dredged Material                                        23
                    J. Waste Treatment Systems                                               24
                    K. Marsh Impoundments for Recreational and
                           Commercial Activities                                             25
                    L. Drainage Canals or Ditches                                            25
                    M. Nonwater-dependent Structures                                         26

             30-13. SPECIFIC PROJECT STANDARDS FOR BEACHES AND DUNES -                       26
                    A. Normal Maintenance and Repair of
                           Habitable Structures                                              26








                          B.  Construction of New Habitable Structures                                 26
                          C.  Additions to Habitable Structures                                        26
                          D.  Repair and Renovation of Habitable Structures                            26
                          E.  Replacement or Rebuilding of Habitable Structures                        27
                          F.  Landscaping, Earthmoving and Fill for Landscaping                        27
                          G.  Fences, Lighting, Trash Receptacles,
                                  Sidewalks and Signs                                                  27
                          H.  Emergency Vehicle Access Ways, Non-attached
                                  Decks, Gazebos and Other Structures Which
                                  Enhance Beach Access                                                 28
                          I.  The Construction and/or Repair of Drives and
                                  Parking Lots                                                         28
                          J.  Installation or Repair of Underground and
                                  Overhead Water, Sewer, Gas, Electrical,
                                  Telephone Lines and Cable Service Lines                              29
                          K.  Drainage Structures                                                      29
                          L.  Sand Fences, Minor Beach Renourishment,
                                  Dune Revegetation                                                    29
                          M. Returning Sand to the Beach/Dune System                                   30
                          N.  Erosion Control                                                          31
                          0.  Sand Dune Management                                                     32
                          P.  Nonwater-dependent Structures                                            32
                          Q.  Golf Courses                                                             32
                          R.  New Fishing Piers                                                        33

                   R. 30-14. ADMINISTRATIVE PROCEDURES                                                 33
                          A.  Procedures for Local Beach Management Plan
                                  Approval and Amendments                                              33
                          B.  Procedures for State Implementation of Local
                                  Responsibilities                                                     33
                          C.  Procedures for StateiLocal Coordination During
                                  and in Response to Emergency Situations                              34
                          D.  Procedures for Determining Destroyed Beyond Repair                       34
                          E.  Procedures for Adopting Baselines and
                                  Erosion Rates                                                        36
                          F.  Procedures for Appealing Baselines and
                                  Erosion Rates                                                        36
                          G.  Procedure for Movement of Baseline After
                                  Renourishment                                                        37


                   R. 30-15. ACTIVITIES ALLOWED SEAWARD OF BASELINE                                    38
                          A.  Wooden Walkways                                                          38
                          B.  Small Wooden Decks                                                       38
                          C.  Fishing Piers                                                            38
                          D.  Golf Courses                                                             38
                          E.  Normal Landscaping                                                       38
                          F.  Special Permits                                                          38
                          G.  Pools                                                                    39









             R. 30-16. DOCUMENTATION REQUIREMENTS BEFORE COMMENCING
                              ACTN=S BETWEEN SETBACK LINE AND BASELINE - 39
                     A. Notification Procedure                                                   39


             R. 30-17. APPLICATION PROCEDURES FOR GENERAL PERMITS
                              PURSUANT TO SECTION 48-39-290(B)(4)92                              40
                     A. General Guidelines                                                       40


             R. 30-20. BEACH RESTORATION FUND                                                    40
                     A. Funding for Projects                                                     40
                     B. Application Process                                                      40
                     C. Ranking of Projects                                                      41
                     D. Necessary Permit Application Information                                 41
                     E. Minimum Regulatory Requirements                                          41
                     F. Project Evaluation Considerations                                        42
                     G. Administration of the Project                                            42










                   Chapter 30, R30-1 - 30-14, South Carolina Coastal Council. Statutory Authority: Sections
                   48-39-10 - 48-39-360, Code ofLaws of South Carolina, 1976, as amended.

                   30-1. STATEMENT OF POLICY.
                           The South Carolina Coastal Management Act was passed by the 1977 General Assembly
                   of South Carolina to provide for the protection and enhancement of the State's coastal resources.
                   This legislation creates the South Carolina Coastal Council which is given the task of promoting
                   the economic and social welfare of the citizens of this State while protecting the sensitive and
                   fragile areas in the coastal counties and promoting sound development of coastal resources.
                           Through the efforts of an overall coastal zone management program and permitting
                   process, the Coastal Council seeks to guide the wise preservation and utilization of coastal
                   resources. These rules and regulations are intended to:
                           (1) aid developers and others in taking advantage of state-of-the-art techniques in
                   developing projects compatible with the natural environment;
                           (2) insure consistent permit evaluations by Council and staff; and
                           (3) serve as a stimulus for implementation of better and more consistent management
                   efforts for the coastal zone.
                           These regulations are Coastal Council statements of general public applicability that im-
                   plement and prescribe policy and practice requirements of the Coastal Council. They are to be
                   read as part of, and to be construed with, the policies set forth in the South Carolina Coastal
                   Management Program.
                           A. The Value of Tidelands and Coastal Waters.
                           The tidelands and coastal waters of the South Carolina coast are a very dynamic
                   ecosystem and an extremely valuable natural resource for the people of the State. The tides
                   regularly ebb and flood through the coastal inlets, bays and marshes which constitute a fragile
                   area, vulnerable to the impacts of many of man's activities. Tidelands and coastal waters are
                   identified as "critical areas" over which the Coastal Council has direct permitting authority.
                           The saline marshes are highly productive components of the marine food web of coastal
                   waters and estuaries. Decaying plant materials, called detritus, serve as the basis of the food web
                   and are the major biological contribution of the saline marshes. Many commercially and recrea-
                   tionally important fish and shellfish species depend on the marshlands and estuaries for all or part
                   of their life cycle. In addition, many birds and other forms of wildlife utilize wetlands as habitat
                   as well as a source of food. Tidelands and coastal waters also have become increasingly important
                   in recent years for the purposes of aquaculture.
                           Among the more important functions of the salt and brackish marshes is their role in pro-
                   tecting adjacent highlands from erosion and storm damage. Marsh vegetation absorbs and
                   dissipates wave energy and establishes a root system which stabilizes the soils. Its effectiveness
                   as a buffer depends on the surface area available which, combined with the composition of the
                   underlying substrate, allows tidelands to act as "sponges," absorbing and releasing waters during
                   storms or times of heavy riverine discharge.
                           Marshes also perform a valuable waste treatment function since the dense vegetation acts
                   as a filter, trapping sediments and pollutants which enter as run-off from the upland areas. The
                   trapping of sediments helps maintain water clarity, a factor important to clam, oyster, and
                   phytoplankton productivity. The marshes also assimilate pollutants and recycle nutrients
                   through various biochemical processes.


                                                                                                                       1







                     Coastal waters and the adjacent marshes are also significant as aesthetic, recreational
              and educational resources. Much of the expenditure for recreation and tourism in the South
              Carolina coastal zone is for purposes of enjoying outdoor activities and the aesthetic pleas-
              ures of undisturbed tideland areas. These natural areas lend themselves to meaningful and
              important academic pursuits such as bird-watching and wildlife population and nutrient
              recycling studies.
                     These same unique natural resource areas face increasing land development pressure
              and negative impacts from man's activities in and around them. The marshes constitute a
              fragile ecosystem; consequently, indiscriminate dredging and filling, degradation of water
              quality or unsound building and development practices can have long-term detrimental
              effects. All development need not be prohibited; rather, the range of favorable and unfavor-
              able results needs to be realized, and analysis made to determine priorities, evaluate alterna-
              tives, anticipate impacts, and suggest the best methods and designs to carry out wise develop-
              ment of these resources.
                     B. The Value of Beaches and Dunes.
                     In 1977, the South Carolina General Assembly enacted the Coastal Tidelands and
              Wetlands Act (Coastal Zone Management Act) to protect, preserve, restore and enhance the
              coastal resources of South Carolina. The Act created a new state agency, the South Carolina
              Coastal Council, and charged it with the responsibility of administering and enforcing the
              statute. This legislation, however, proved ineffective for managing the beach/dune system
              because regulatory authority over these areas given to the Coastal Council was not sufficient.
              From the State's beaches, Coastal Council could regulate landward only to the primary
              oceanfront sand dune or to the highest uprush of the waves where no such dune existed.
                     Lacking adequate authority, the Coastal Council was unable to prevent structures
              from being sited unwisely close to the eroding shore, thus making them extremely vulnerable
              to the effects of storms and high tides. The owners of the structures, in most instances,
              quickly sought permits from the Coastal Council to construct hard erosion control devices in
              order to protect their erosion threatened structures. Unfortunately, hard erosion control
              devices can result in increased erosion, a lowering of the beach profile (thereby reducing the
              beach/dune system's tourist and recreational value), and a decrease in the ability of the
              beach/dune system to protect upland property from storms and high tides. Often the result of
              attempting to protect upland property with hard erosion control structures is that dry sand
              beaches disappear, thereby placing many millions of tourist dollars in jeopardy and destroy-
              ing this natural legacy for future generations.
                     In 1986, the Blue Ribbon Committee on Beachfront Management was formed in
              response to the growing recognition that existing law was inadequate to protect the fragile
              beach/dune resource. The Comrnittee determined that the beach/dune system of the State
              was in a state of crisis. The report concluded that "over fifty-seven miles of our beaches are
              critically eroding. This erosion is threatening the continued existence of our beach/dune
              system and thereby threatening life, property, the tourist industry, vital State and local reve-
              nue, marine habitat, and a national treasure". The 1988 Beachfront Management Act was
              enacted by the South Carolina General Assembly in response to the concerns presented in
              this report.
                     It has been clearly demonstrated that the erosion problems of this State are caused by
              a persistent rise in sea level, a lack of comprehensive beach management planning, and
              poorly planned oceanfront development, including construction of hard erosion control
              structures, which encroach upon the beach/dune system. Sea level rise in this century is a



              2








                     scientifically documented fact. Our shoreline is suffering from its effects today. Moreover,
                     a 1983 study conducted by the U. S. Environmental Protection Agency predicts a one foot
                     rise in sea level over the next thirty to forty years and approximately three feet over the next
                     hundred years. It must be accepted that regardless of attempts to forestall the process, the
                     Atlantic Ocean, as a result of sea level rise and periodic storms, is ultimately going to force
                     those who have built too near the beachfront to retreat.
                             There are three basic approaches to beachfront management:
                             (1) armor the beach with hard erosion control devices;
                             (2) nourish the beach with sand;
                             (3) retreat from the beach.
                             The 1977 Coastal Zone Management Act, as amended, rejects construction of new
                     erosion control devices and adopts retreat and renourishment as the basic state policy to-
                     wards preserving and restoring the beaches of our state. The Coastal Council, as steward of
                     the State's coastal resources, has the responsibility under the new statute to implement the
                     forty-year retreat policy by designating a baseline and setback line on all oceanfront proper-
                     ties of the State, developing a long-range comprehensive State plan for management of the
                     beach/dune resource, and supporting the efforts of local governments in developing local
                     long-range beach management plans. In addition, the Coastal Council shall require property
                     owners to move new construction and reconstruction as far landward as possible, to limit the
                     size of structures within the constraints of the Act, and to seek innovative ways to ameliorate
                     the effects of beach erosion.
                             In the final analysis, the long-range public good is the same as the long-range private
                     good. If the dry sand beaches of this State disappear because of the failure of its people and
                     governmental natural resource managers to protect the beach/dune system, future generations
                     will never have the opportunity to use and enjoy this valuable resource.
                             C. Definitions:
                     1. Barrier Islands - There is a listing of all barrier islands in South Carolina on page 111-70 of
                     the South Carolina Coastal Management Program.
                     2. Coastal Waters - the navigable waters of the United States subject to the ebb and flood of
                     the tide and which are saline waters, shoreward to their mean high-water mark.
                     3. Coastal Zone - all coastal waters and submerged lands seaward to the State's jurisdic-
                     tional limits and all lands and waters in the counties of the State which contain any one or
                     more of the critical areas. These counties are Beaufort, Berkeley, Charleston, Colleton,
                     Dorchester, Horry, Jasper, and Georgetown.
                     4. Critical Areas - any of the following: (1) coastal waters, (2) tidelands, (3) beach/dune
                     systems.
                     5. Erosion Control Structures and Beach Nourishment:
                             (a) Seawall - a special type of retaining wall that is specifically designed to withstand
                     wave forces.
                             (b) Bulkhead - a retaining wall designed to retain fill material, but not to withstand
                     wave forces on an exposed shoreline.
                             (c) Revetment - a sloping structure built along an escarpment or in front of a bulk-
                     head to protect the shoreline or bulkhead from erosion.
                             (d) Groin - a shore protection structure designed to build a protective beach or to
                     retard erosion of an existing or restored beach by trapping littoral drift. Groins are usually
                     perpendicular to the shore and extend from the shoreline into the water far enough to accom-
                     plish their purpose. Groins are narrow and vary in length from less than 100 feet to several


                                                                                                                       3









             hundred feet.
                     (e) Jetty - a structure extending into the water to direct and confine river or tidal flow
             into a channel and to prevent or reduce shoaling of the,channel by littoral material. Jetties
             also stabilize inlet location.
                     (f) Minor Development Activity - the construction, maintenance, repair or alteration
             of any private pier or erosion control structure, the construction of which does not involve
             dredging.
                     (g) Offshore Breakwater - a structure designed to protect an area from wave action.
             Breakwaters interfere with natural wave action and wave induced currents; therefore, their
             construction may cause harmful side effects.
                     (h) Beach Nourishment - the artificial establishment and periodic renourishment of a
             beach with sand that is compatible with the beach in such a way as to create a dry sand beach
             at all stages of the tide.
             6. Feasible (feasibility) - As used within these rules and regulations (e.g., "unless no feasible
             alternative exists"), feasibility is determined by the Coastal Council with respect to individual
             project proposals. Feasibility in each case is based on the best available information, includ-
             ing, but not limited to, technical input from relevant agencies with expertise in the subject
             area, and consideration of factors of
             environmental, economic, social, legal and technological suitability of the proposed activity
             and its alternatives. Use of this word includes, but is not limited to, the concept of reasona-
             bleness and likelihood of success in achieving the project goal or purpose. "Feasible altema-
             tives" applies both to locations or sites and to methods of design or construction, and includes
             a "no action" alternative.
             7. GAPC (Geographic Areas of Particular Concern) - areas within South Carolina's coastal
             zone which have been identified in the State's Coastal Management Program as being of such
             importance as to merit special consideration during Council review of permit applications.
             GAPC's consist of- (1) areas of unique natural resource value; (2) areas where activities,
             development, or facilities depend on proximity to coastal waters, in terms of use or access;
             and (3) areas of special historical, archeological or cultural significance.
             8. Joint Public Notice - a permit application public notice issued jointly between the South
             Carolina Coastal Council and the United States Army Corps of Engineers or the United States
             Coast Guard and processed independently by the Coastal Council.
             9. Nonwater-dependent - a facility which cannot demonstrate that dependence on, use of, or
             access to coastal waters is vital to the functioning of its primary activity.
             10. Previously Undisturbed Wetlands - those wetlands having no visible, physical evidence
             of previous impoundment; that is, separation fi-om adjacent rivers or estuaries by artificial
             diking
             11. Public Interest - As used within these Rules and Regulations, public interest refers to the
             beneficial and adverse impacts and effects of a project upon members of the general public,
             especially residents of South Carolina who are not the owners and/or developers of the proj-
             ect. To the extent that, in the opinion of the Council, the value of such public benefits is
             greater than the public costs embodied in adverse environmental, economic and fiscal effects,
             a proposed project may be credited with net public benefits.
             12. Tidelands - all areas which are at or below mean high tide and coastal wetlands,
             niudflats, and similar areas that are contiguous or adjacent to coastal waters and are an inte-
             gral part of the estuarine systems involved. Coastal wetlands include marshes, mudflats, and
             shallows and means those areas periodically inundated by saline waters whether or not the


             4








                    saline waters reach the area naturally or through artificial water courses and those areas that
                    are normally characterized by the prevalence of saline water vegetation capable of growth
                    and reproduction. Provided, however, nothing in this definition shall apply to wedand areas
                    that are not an integral part of an estuarine system. Further, until such time as the exact
                    geographic extent of this definition can be scientifically determined, the Council shall have
                    the authority to designate its approximate geographic extent.
                    13. Water-dependent - a facility which can demonstrate that dependence on, use of, or
                    access to coastal waters is vital to the functioning of its primary activity.
                    14. Marinas - facilities that provide boat launchings, storage, moorage, supplies, and/or
                    services. There are three basic types of marinas: (a) the open water type where open pilings
                    and/or appurtenances are used; (b) the inland harbor type where moorings are provided in a
                    lagoon connected to navigable waters; (c) the dry storage type where boats are stored in
                    specially designed warehouses placed entirely on high land.
                    15. Habitable Structure - a structure suitable for human habitation including, but not limited
                    to, single or multi-family residences, hotels, condominium buildings, and buildings for
                    commercial purposes. Each building of a condominium regime is considered a separate
                    habitable structure, but if a building is divided into apartments, then the entire building, not
                    the individual apartment is considered a single habitable structure. Additionally, a habitable
                    structure includes porches, gazebos, and other attached improvements.
                    16. Master Plan - a document or a map prepared by a developer or a city as a policy guide to
                    decisions about the physical development of the project or community.
                    17. Planned Development - a development plan which has received local approval for a
                    specified number of dwelling and other units. Ile siting and size of structures and amenities
                    are specified or restricted within the approval. This term specifically references multi-family
                    or commercial projects not otherwise referenced by the terms master plan or planned unit
                    development.
                    18. Planned Unit Development - a residential, commercial, or industrial development, or all
                    three, designed as a unit and approved in writing by local government.
                    19. Beach/Dune System - all land from the mean high-water mark of the Atlantic Ocean
                    landward to the 40 year setback line described in ï¿½48-39-280.
                    20. Standard Erosion Zone - a segment of shoreline which is subject to essentially the same
                    set of coastal processes, has a fairly constant range of profiles and sediment characteristics,
                    and is not directly influenced by tidal inlets or associated inlet shoals.
                    21. Inlet Erosion Zone - a segment of shoreline along or adjacent to tidal inlets which is
                    directly influenced by the inlet and its associated shoals.
                            (a) Unstabilized Inlets - inlets that have not been stabilized by jetties, terminal groins,
                    or other structures.
                            (b) Stabilized Inlets - inlets that have been stabilized by jetties, terminal groins, or
                    other structures.
                    22. Baselines:
                            (a) Within a standard erosion zone the baseline is established at the location of the
                    crest of the primary oceanfront sand dune in that zone. In a standard erosion zone in which
                    the shoreline has been altered naturally or artificially by the construction of erosion control
                    devices, groins, or other man-made alterations, the baselines must be established by the
                    Coastal Council using the best scientific and historical data, as where the crest of the primary
                    ocean
                    front sand dune for that zone would be located if the shoreline had not been altered.



                                                                                                                       5







                    (b) Within an unstabilized inlet zone the baseline must be determined by the Coastal
             Council as the most landward point of erosion at anytime during the past forty years, unless
             the best available scientific and historical data of the irIlet and adjacent beaches indicate that
             the shoreline is unlikely to return to its former position. In collecting and utilizing the best
             scientific and historical data available for the implementation of the retreat policy, the
             Coastal Council as part of the State Comprehensive Beach Management Plan provided for in
             this chapter, among other factors, must consider: historical inlet migration, inlet stability,
             channel and ebb tidal delta changes, the effects of sediment bypassing on shorelines adjacent
             to the inlets, and the effects of nearby beach restoration project on inlet sediment budgets.
                    (c) Within a stabilized inlet zone the baseline location must be determined in the
             same manner as provided for in a standard erosion zone. However the actual location of the
             crest of the primary oceanfront sand dune of that erosion zone is the baseline of that zone, not
             the location if the inlet had remained unstabilized.
             23. Setback Line - the line landward of the baseline that is established at a distance which is
             forty times the average annual erosion rate as determined by historical and other scientific
             means and adopted by the Coastal Council in the State Comprehensive Beach Management
             Plan. However, all setback lines shall be established no less than twenty feet landward of the
             baseline, even in cases where the shoreline has been stable or has experienced net accretion
             over the past forty years.
             24. Garage - a structure built and used for the purpose of parking and protecting vehicles.
             The structure may be open or enclosed. An open parking area under a habitable structure
             will not be counted when computing the square footage of a habitable structure.
             25. Normal Maintenance and Repair - work performed on any structure within the critical
             area as part of a routine and ongoing program to maintain the integrity of the structure pro-
             vided that the structure is still generally intact and functional in its present condition and the
             work only extends to the original dimensions of the structure. See R.30-5(D).
             26. Destroyed Beyond Repair:
                    (a) Habitable Structures - destroyed beyond repair means more than sixty-six and
             two-thirds percent of the replacement value of the habitable structure has been destroyed.
             See R.30-14(D)(3)(a).
                    (b) Pools - destroyed beyond repair means more than sixty-six and two-thirds percent
             of the replacement value of the pool has been destroyed. See R.30-14(D)(3)(b).
                    (c) Seawalls and Bulkheads - damage to seawalls and bulkheads must be judged on
             the percentage of the structure remaining intact at the time of the damage assessment. Ero-
             sion control structures or devices must not be repaired or replaced if destroyed:
                           (i) more than eighty percent above grade through June 30, 1995;
                           (ii) more than sixty-six and two-thirds percent above grade from July 1, 1995,
             through June 30, 2005;
                           (iii) more than fifty percent above grade after June 30, 2005. See R.30-
             14(D)(3)(c).
                    (d) Revetments - must be judged on the extent of displacement of the stone, effort to
             return this stone to the pre-storm event configuration of the structure or device, and the
             ability of the revetment to retain backfill material at the time of the damage assessment. See
             R.30-14(D)(3)(d).
             27. Emergency Repairs - repairs due to emergencies as defined in Section 48-39-10(U) to an
             existing bank, dike, fishing pier, or structure other than ocean front erosion control structures
             or devices which have been erected in accordance with federal and state laws or provided for



             6







                    by general law or acts passed by the General Assembly, if notice if given in writing to the
                    Coastal Council within 72 hours of the onset of the needed repair.
                    28. Emergency Orders - orders issued by an appointed official of a county or municipality or
                    of the state acting to protect the public health and safety, upon written notification to the
                    Coastal Council. However, with regard to the beach/dune critical area, only the use of sand
                    bags, sand scraping, or renourishment, or a combination of them, in accordance with guide-
                    lines provided by the Coastal Council is allowed pursuant to emergency orders.
                    29. Best Management Practices - measures to reduce adverse environmental impacts.
                    30. Coastal Council - designation for South Carolina Coastal Council.
                    3 1. Pool - a structure designed and used for swimming and wading.
                    32. Active Beach - the area seaward of the escarpment or the first line of stable natural
                    vegetation, whichever first occurs, measured from the ocean landward.

                    30-2. APPLYING FOR A PERMIT.
                            A. Preliminary Review: The Council encourages the submission of development
                    plans for preliminary review. If a permit is necessary, the Council will make every effort to
                    assist the applicant in expediting the administrative aspects of filing an application.
                            B. Permit Application: Except for those exemptions as specified in the 1977
                    Coastal Zone Management Act, as amended, any person wishing to alter a critical area must
                    receive a permit from the Coastal Council. Section 14(b) of the Act [Section 48-39-140(b)]
                    directs that certain information be included in the permit application submitted to the Coun-
                    cil. The following minimum information shall ordinarily be required before a permit appHca-
                    tion is considered complete:
                            (1) Name and address of the applicant;
                            (2) A plan or drawing showing the applicant's proposal and the manner or method by
                    which the proposal shall be accomplished;
                            (3) A plat or a copy of a plat of the area in which the proposed work win take place;
                            (4) A certified copy of the deed, lease or other instrument under which the applicant
                    claims tide, possession or permission from the owner- of the property to carry out the pro-
                    posal;
                            (5) A list of all adjoining landowners and their addresses or a sworn affidavit that
                    with due diligence such information is not ascertainable. When considered appropriate by
                    the Council or its staff, additional information may be required concerning affected landown-
                    ers;
                            (6) A brief description of the proposed alteration, its purpose and intended use,
                    including a drawing of the type of structure, a description of the method of construction, and
                    identification of materials and equipment to be used;
                            (7) A copy of the newspaper public notice:
                                   (a) Minor developments (see R.30-2(G)): In the case of applications for
                    minor development permits, the applicant shall publish notice at least once in a newspaper of
                    local circulation in the county of the proposed activity. The newspaper notice should be
                    published within 15 days of the date of Public Notice (see R.30-2(C)). No pernift shall be
                    issued by the Council until at least 10 days following the date of newspaper publication. The
                    following form shall be used for newspaper publication:






                                                                                                                   7








              PUBLIC NOTICE
              SOUTH CAROLINA COASTAL COUNCIL
                     (Name of applicant) will apply (has applied) to, the South Carolina Coastal Council
              for a permit to (description of work) for (public/private) use, at/in (location and name of
              waterway). Comments will be received by the South Carolina Coastal Council, 4130 Faber
              Place, Suite 300, Charleston, South Carolina 29405 until (insert date, 10 days after date of
              this newspaper notice).
                             (b) Other activities: In the case of applications for other than minor develop-
              ment permits, the applicant shall publish notice at least once in both a newspaper of general
              statewide circulation (The State, News and Courier, or The Greenville News) and a newspa-
              per of local circulation in the county of the proposed activity. The newspaper notices should
              be published within 15 days of the date of Public Notice (see R.30-2(Q). No permit shall be
              issued by the Council until at least 15 days following the date of the last published newspaper
              publication. The following form shall be used for newspaper publication:

              PUBLIC NOTICE
              SOUTH CAROLINA COASTAL COUNCIL
                     (Name of applicant) will apply (has applied) to the South Carolina Coastal Council
              for a permit to (description of work) for (public/private) use, atlin (location and name of
              waterway). Comments will be received by the South Carolina Coastal Council, 4130 Faber
              Place, Suite 300, Charleston, South Carolina 29403 until (insert date, 15 days after date of
              this newspaper notice).
                             (8) When considered appropriate by the Council or its staff, additional infor-
              mation may be required. The plat or copy of a plat submitted for those activities subject to
              the Beach Management Act (Sections 48-39-270 through 350) shall show the location of the
              baseline, twenty-foot minimum setback line, and forty-year setback line, applicable to the
              subject property. The lines shall be derived from information available from the Coastal
              Council. The lines shall be part of the plat and sealed by the engineer and may not be placed
              on the application by anyone other than a registered engineer or member of the Coastal
              Council staff.
                     C. Notification: The Council is directed in Section 14(C) of the Act [Section 48-39-
              140(Q] and shall within thirty days of receiving either a Joint Public Notice or South Caro-
              lina Coastal Council permit application, notify in writing interested agencies, all adjoining
              landowners, local government units in which the land is located and other interested persons.
              This notice shall indicate the nature and extent of the applicant's proposal.
                     D. Permit Processing: Permit processing shall commence immediately upon receipt
              of either a Joint Public Notice or a South Carolina Coastal Council permit application and
              shall proceed concurrently but separately from any Federal authorization.
                     E. Comments on Application: Section 14(C) of the Act [Section 48-39-140(C)]
              allows all interested federal and state agencies, all adjoining landowners, local government
              units and other interested persons to have thirty days after the receipt of Public Notice of
              permit application from the Council to file written comments pertaining to the application.
              Only those comments received within the thirty day period must be considered in the Coun-
              cil's decision on a permit application. Any persons wishing to receive notice of the initial
              decision on a permit application shall notify the Council within this comment period. Pro-
              vided, comments on permit applications for minor development activities, as defined in
              Section 3(N) of the Act [Section 48-39-10(N)], must be received within fifteen days after



              8







                    receipt of Public Notice of permit application.
                            F. Public Information: The complete file on each permit application, including all
                    comments received, will be available for inspection by any member of the general public
                    during regular business hours at the principal Council office.
                            G. State Comment: Issuance or denial of the permit by the Coastal Council shall be
                    the State comment on the corresponding federal permit application.
                            H. Water Quality Certificate: If a water quality certificate, is not required by a
                    Federal permitting agency under Section 401 of P.L. 92-500, the Coastal Council may re-
                    quire a statement of water quality certification from the South Carolina Department of Health
                    and Environmental Control.


                    30-3. PUBLIC HEARINGS
                            Section 14(C) of the Act [Section 48-39-140(C)] directs the Council to hold public
                    hearings on permit applications if it is deemed necessary. Section 15(13) of the Act [Section
                    48-39-150(B)] requires the Council to convene a public hearing before acting on an applica-
                    tion if twenty or more citizens or residents of the affected county or counties request such a
                    hearing. Each request must be in writing and on a separate sheet of paper and be received
                    within thirty days after publication of a Public Notice of the perrilit application. In all cases,
                    the public hearing shall be held in the county where the land is located, and if in more than
                    one county, the Council shall determine in which county to hold the hearing or may hold
                    hearings in more than one county. When applicable and practical, joint public hearings will
                    be held with the United States Army Corps of Engineers and/or other agencies.

                    30-4. DECISIONS ON A PERMIT
                            A. Permit Approval: The Council is allowed, under Section 15(B) of the Act [Sec-
                    tion 48-39-150(B)], to issue a conditional permit approval. Under this provision, the Council
                    may direct the applicant to amend his proposal to take specific measures necessary to protect
                    the public interest. The Council, at its discretion, may seek additional public comment on
                    major modifications to a permit application.
                            If the Council has approved an application, Section 15(B) of the Act [Section 48-39-
                    150(B)] also allows the Council, at its discretion, to support the applicant in a Federal permit-
                    ting process for the same activity.
                            B. Permit Denial: A Permit denial shall cite facts upon which the denial was based
                    and the reasons for denial.
                            C. Action Upon a Permit: The Council, according to Section 15(c) of the Act,
                    [Section 48-39-150(C)] shall act upon an application for a permit within ninety days. This
                    ninety day period shall begin when the application is complete and filed in approved form.
                    Exceptions of the 90-day deadline are applications for minor developments on which action
                    must be taken in thirty days.
                            D. Completion of Work: Section 15(F) of the Act [Section 48-39-150(F)] requires
                    a permit holder to complete work within three years from the date of permit issuance. The
                    Council may extend this three-year period upon showing of good cause indicating that due
                    diligence toward completion of the work has been made, evidenced by significant work
                    progress. Work shall be continuous and expeditious whenever possible.
                            E. Property Rights Not Affected; No State Liability; Other Permit
                    Requirements: No permit shall convey, not be interpreted to convey, a property right in the
                    land or water in which the permitted activity is located. No pernfit shall be construed as


                                                                                                                       9







             alienating public property for private use or as alienating private property for public use. In
             no way shall the State be liable for any damage as a result of the erection of permitted works.
             A South Carolina Coastal Council permit in no way relieves the holder from responsibility
             for compliance with other applicable Federal, State, or local permit requirements.
                    F. Legally Commenced Use: Section 13(C) of the Act [Section 48-39-130(C)]
             reads as follows, "Ninety days after the effective date of this act no person shall flu, remove,
             dredge, drain or erect any structure on or in any way alter any critical area without first
             obtaining a permit from the Council. Provided, however, that a person who has legally
             commenced a use such as those evidenced by a state permit, as issued by the Budget and
             Control Board, or a project loan approved by the rural electrification administration or a local
             building permit or has received a United States Corps of Engineers or Coast Guard permit,
             where applicable, may continue such use without obtaining a permit. Any person may
             request the Council to review any project or activity to detem-iine if he is exempt under this
             section from the provisions of this act. The Council shall make such determinations within
             forty-five days from the receipt of any such request."

             30-5. EXCEPTIONS.
                    A. List of Exceptions: Section 13(D) of the Act [Section 48-39-130(D)l lists sev-
             eral exceptions which do not require a permit. These are as follows:
                            (1) The accomplishment of emergency orders of an appointed official of a
             county or municipality or of the state acting to protect the public health and safety, upon
             written notification to the Coastal Council. However, with regard to the beach/dune critical
             area, only the use of sandbags, sand scraping, or renourishment, or a combination of them, in
             accordance with guidelines provided by the Coastal Council is allowed. See R.30-5(B).
                            (2) Hunting, erecting duckblinds, fishing, shellfishing and trapping when and
             where otherwise permitted by law; the conservation, replenishment and research activities of
             State agencies and educational institutions; or boating or other recreation provided that such
             activities cause no material harm to the flora, fauna, physical, or aesthetic resources of the

             area.
                            (3) The discharge of treated effluent as permitted by law; provided, however,
             that the Council shall have the authority to review and comment on all proposed pem-iits that
             would affect critical areas.
                            (4) Dredge and fill performed by the United States Corps of Engineers for the
             maintenance of harbor channels and the collection and disposal of the materials so dredged;
             provided, however, that the Council shall have authority to review and certify all such pro-
             posed dredge and fill activities.
                            (5) Construction of walkways over sand dunes in accordance with Section 12
             of the Act [Section 48-39-120]. (See R.30-13(B).).
                            (6) Emergency repairs to an existing bank, dike, fishing pier, or structure
             other than oceanfront erosion control structures or devices which have been erected in accor-
             dance with federal and state laws or provided for by general law acts passed by the General
             Assembly, if notice is given in writing to the Coastal Council within 72 hours of the onset of
             needed repairs.
                            (7) Maintenance and repair of drainage and sewer facilities constructed in
             accordance with federal or State laws, and normal maintenance and repair of any utility or
             railroad.
                            (8) Normal maintenance or repair to any pier or walkway, provided that such


             10








                   maintenance or repair shall not involve dredge or fill.
                                   (9) Construction or maintenance of a major utility facility where the utility
                   has obtained a certificate for such facility under "The Utility Facility Siting and Environ-
                   mental Protection Act" (Sections 58-33-10 through 58-33-430 of the 1976 Code). Provided,
                   however, that the South Carolina Public Service Commission shall make the Council a party
                   to certification proceedings for utility facilities within the coastal zone.
                                   (10) Habitable structures and pools determined to be damaged less than sixty-
                   six and two-thirds percent pursuant to R.30-14(1))(3)(a) and (b) may be repaired after accept-
                   able documentation is provided to Coastal Council.
                                   (11) Erosion control structures or devices determined to be damaged less than
                   eighty percent above grade through June 30, 1995, sixty-six and two-thirds percent above
                   grade from July 1, 1995, through June 30, 2005, or fifty percent above grade after June 30,
                   2005, pursuant to R.30-14(1))(3)(c) and (d) may be repaired after acceptable documentation
                   is provided to Coastal Council.
                           B. Notification to Council of Emergency Orders:
                                   (1) As in A(l) above, the Council must be notified of emergency orders that
                   normally would require a Council permit. Notification to the Council must be made in
                   writing prior to commencement of the activity and must state the following:
                                          (a) the nature of the emergency;
                                          (b) the substance of the emergency order;
                                          (c) the time the order will be issued, or if circumstances preclude prior
                   notice, when the order was issued;
                                          (d) the name of the local official executing the order and the authority
                   under which that person is acting;
                                          (e) the location of the activity ordered;
                                          (f) the estimate of when such order shall be withdrawn.
                                   (2) If the Council is not notified within seventy-two hours of the issuance of
                   the emergency action taken, the official issuing such order or ordering such emergency action
                   shall be in violation of the Act and these rules and regulations. Within seventy-two hours
                   after the emergency order, the official ordering the emergency action shall put the above six
                   elements in writing and file them with the Council.
                                   (3) The official issuing the emergency order shall be deemed in violation of
                   the Act if the emergency conditions do not conform with the definition of emergency in
                   Section 3 of the Act [Section 48-39-10].
                           C. Emergency Repairs to any Existing Bank and Dike or Fishing Pier: As in
                   A(6) above, notice by telephone, telegram or radio of emergency repairs to any existing
                   bank, dike or fishing pier must be given to the Council within seventy-two hours from the
                   onset of needed repairs. Within five days after the commencement of repairs, written notifi-
                   cation must be filed with the Council. If such notification is not received, the person(s)
                   performing the work will be in violation of the Act and these rules and regulations.
                           D. Normal Maintenance and Repair: Normal maintenance and repair applies only
                   to work on a structure which has been previously permitted or is grandfathered or exempted
                   and is still generally intact and functional in its present condition. 71be work may only extend
                   to the original dimensions of the structure, and any expansion, additions, or major rebuilding
                   will require either a Coastal Council pem-iit or documentation to and written approval from
                   Council.










              30-6. COUNCIL APPEALS.
                      . A. Notice of Intention to Appeal: Any person adversely affected by the Council's
              initial action has the right of direct appeal to the Council. Notice of Intention to Appeal an
              initial permit application decision must be filed in writing within fifteen days of the,date of
              notification to the applicant and other persons who requested notification of the initial Coun-
              cil action. (See R.30-2(E).)
                      B. Filing of Appeal: Within fifteen days of filing the Notice of Intention to Appeal,
              appellant must file in writing an appeal with the grounds for appeal clearly stated. The
              grounds for appeal must contain a statement showing how the party seeldng review is ad-
              versely affected by the Council's action. Appellant will be limited to the grounds as stated.
              The appeal may be filed simultaneously with the Notice of Intention to Appeal (and in the
              same document) if done so within fifteen days of the date of notification to the applicant and
              other interested persons of the initial Council decision.
                      C. Public Notice: The Council, within ten days of receiving the Appeal, shall notify
              in writing interested agencies, all adjoining landowners, local government units and other
              interested persons. This notice shall indicate the nature and extent of the Appeal.
                      D. Intervenors: Affected parties, if they wish to intervene, must give Notice of
              Intent to Intervene and grounds for intervention within twenty days of the date of the Appeals
              Public Notice ((C) above). The Notice of Intent to Intervene and accompanying statements
              must be in writing with grounds clearly stated. The Notice of Intent to Intervene and grounds
              for intervention must contain a statement indicating that the party seeldng to intervene has
              standing to do so by way of being a person affected by the Council's initial decision. Inter-
              venors will be limited to the grounds as stated. All intervenors shall become parties to the
              action. Permit applicants will be made a party to all appeals involving their permit applica-
              tions.
                      E. Comments: Written comments for Council consideration regarding an Appeal
              will be accepted for thirty days after the date of the Appeals Public Notice.
                      F. Notification of Hearing: The Council shall notify parties to the action of the
              date, time and place of the Appeals hearing. The Appeal shall be heard within 65 days of the
              date of the Appeals Public Notice but not less than thirty days after the date of Appeals
              Public Notice. By agreement of all parties to the Appeal, the hearings and/or oral presenta-
              tions before the Council may be waived.
                      G. Hearing of Appeal: If a hearing is to be held, the Council may appoint a hearing
              officer to conduct all or part of the hearing. The hearing officer shall hear all relevant evi-
              dence offered from all parties and shall be responsible for compiling the complete record of
              the Appeal. Written statements for the record shall be welcomed. The transcript of the
              Appeal shall be distributed to all Council members before the Council meets on the Appeal.
              After receipt of the transcripts, parties to the Appeal shall be provided an opportunity to
              present oral arguments to the Council. Each party shall be given an allotted period of time to
              present oral arguments. Questions from Council members within the allotted time period
              shall be within a time fi-ame prescribed by the Council. Ile Council shall notify each party
              of the hearing schedule at least ten days in advance.
                      H. Record of Appeal: A Record of Appeal shall be kept and filed in the Council's
              office. Oral proceedings or any part thereof shall be transcribed upon the request of a party.
              The Council may, in its discretion, require persons requesting a transcript to pay reasonable
              printing costs.



              12







                            I. Decision on Appeal: A decision on the Appeal may be made by the Council
                     immediately after the presentation of oral arguments but, in any case, no later than 35 days
                     after the presentation. Each party shall be notified in writing of the decision.
                            J. Final Order: The final Council decision shall be in the form of written Findings
                     of Fact and Conclusions of Law. The Findings of Fact and Conclusions -of Law must be ap-
                     proved by a vote of the full Council after which they are signed by the Chairman of the
                     Council. The Findings of Fact and Conclusions of Law shall be served on each party to the
                     appeal.

                     30-7. JUDICIAL APPEAL.
                            A. Exhaustion of Administrative Remedies: Section 18 of the Act allows judicial
                     review of Council action. Before seeking judicial relief from a Council permit application
                     decision, a person must seek relief through the Council appeal process in 30-6 above.
                            B. Time Period for Filing: The 20 day time period for filing an appeal in the circuit
                     court will commence to run from date of receipt of the Council's Findings of Fact and Con-
                     clusions of Law.


                     30-8. ENFORCEMENT.
                            A. Permit Revocation and Modification: One of the needs in administering a
                     permit system to manage coastal resources is the enforcement of the provisions of the system
                     and the identification of unpermitted and unauthorized activities. The Council has initiated a
                     routine aerial surveillance program for the coastal counties which identifies and reports
                     illegal dredging, filling, or other alterations in the critical areas.
                            As the state agency responsible for managing the critical areas, the Council is ada-
                     mant in its enforcement of terms of an approved permit. Section 15(E) of the Act [Section
                     48-39-150(E)] empowers the Council to revoke a permit for noncompliance with or violation
                     of its terms after written notice of intention to do so has been given the holder, and the
                     holder, in return, has been given the opportunity to present an explanation to the Council.
                     Financial hardship on the part of a holder shall not be a defense to the revocation of a permit.
                     The Council may also re  "voke a permit if it finds that the holder or his agent submitted false
                     information to the Council.
                            B. Cease and Desist Directive: When any person is found altering a critical area
                     without a permit and such activity is not exempted by Section 13(D) of the Act [Section 48-
                     39-130(D)], has not been authorized by a permit, is in violation of the terms of a Council
                     permit or is violating provisions of the Coastal Management Act [Section 48-39-10 et seq.] in
                     any manner, the Council, or its duly appointed agent, may issue a cease and desist directive.
                     This directive shall inform the person that he is in violation of the Act and that such person
                     should cease unauthorized activity. The Council may then request the person to restore the
                     area to its original condition. If the person responsible for the unauthorized activity refuses
                     to comply with the Council directive, the Council may then file suit in the appropriate circuit
                     court as outlined in Section 16 of the Act [Section 48-39-160].
                            C. Arrest Warrants: When a person is found altering a critical area without a
                     permit and such activity is not exempted by Section 13(D) of the Act [Section 48-39-
                     130(D)I, has not been authorized by a permit, is in violation of the terms of a Council permit
                     or is violating provisions of the Coastal Management Act [Section 48-39-10 et seq.] in any
                     manner, the Council may cause to be issued a warrant for the arrest of the violator.
                            D. Penalties: As stated in Section 17 of the Act [Section 48-39-1701 any person


                                                                                                                       13







              found guilty of violation of the Act shall be punished by imprisonment of not more than six
              months or by a fine of not morr, than five thousand dollars, or both for the first offense; and
              by imprisonment of not more than one year or by a fine of not more than ten thousand dol-
              lars, or both, for each subsequent offense.
                     E. Judicial Enforcement: Section 16 of the Act [Section 48-39-1601 provides the
              Council, the Attorney General or any person adversely affected with a remedy to restrain
              violations of the Act.


              30-9. OTHER PROVISIONS.
                     A. Savings Clause: If any provisions of the Act or of these Rules and Regulations
              are adjudged invalid or unconstitutional, the remainder of the Act and these Rules and Regu-
              lations and/or the application of their provisions to other persons or circumstances shall not
              be affected thereby.
                     B. Bonding by Council: To insure that the holder complies with all limitations and
              conditions of the permit, the Council may, at its discretion, require a secured bond before
              issuance of the permit. The Council may also require the applicant to submit proof of finan-
              cial responsibility.
                     C. Transfer of Permits: Permits are issued in the name of the applicant and may
              not be assigned to another without written permission of the Council.
                     D. Declaratory Rulings: Interested persons may petition to the Council for declara-
              tory rulings. The Council shall rule on each petition, in writing, within 45 days of receipt.

              30-10. CRITICAL AREA BOUNDARIES.
                     A. Coastal Waters and Tidelands:
                             (1) The Council has permit authority over the coastal waters and tidelands
              critical areas defined in Section 3 of the Act [Section 48-39-10] as follows:
                             ... Coastal waters' means the navigable waters of the United States subject to
              the ebb and flood of the tide and which are saline waters, shoreward to their mean high-water
              mark. Provided, however, that the Council may designate boundaries which approximate the
              mean extent of saline waters until such time as the mean extent of saline waters can be
              determined scientifically.
                     'Tidelands' means all areas which are at or below mean high tide and coastal wet-
              lands, mudflats, and similar areas that are contiguous or adjacent to coastal waters and are an
              integral part of the estuarine systems involved. Coastal wetlands include marshes, mudflats,
              and shallows and means those areas periodically inundated by saline waters whether or not
              the saline waters reach the area naturally or through artificial water courses and those areas
              that are normally characterized by the prevalence of saline water vegetation capable of
              growth and reproduction. Provided, however, nothing in this definition shall apply to wet-
              land areas that are not an integral part of an estuarine system. Further, until such time as the
              exact geographic extent of this definition can be scientifically determined, the Council shall
              have the authority to designate its approximate geographic extent."
                     Using biological field surveys and aerial photography, the Council has found the
              point on the upper reaches of the estuarine systems where tideland vegetation changes from
              predominately bracidsh to predominately fresh and has established a boundary using the
              nearest recognizable physical features within this area. This boundary has been posted on an
              official map in the Coastal Council's principal office of business and is available for public
              review. An approximate description of this boundary is as follows: On the south at the


              14








                    intersection of the South Carolina-Georgia border and the old track bed of the Seaboard
                    Coastline (SCL), approximately 1.75 miles above the U. S. Highway 17A bridge across the
                    Savannah River-, thence, northeastward along the track bed until its intersection with U. S.
                    Highway 278 near Eutaw Creek; thence, northward along U. S. 278 for approximately one
                    mile until its intersection with S. C. 462; thence, north-northwestward along S. C. 462 until
                    its intersection with U. S. Highway 17 near Coosawhatchie; thence, northeastward along U.
                    S. 17 until its intersection with S-15-26, approximately two miles east of Green Pond; thence,
                    southward along S-15-26 until its intersection with the old SCL track bed near Airy Hall;
                    thence, east-northeastward along the track bed to its intersection with S. C. 174; thence,
                    northward along S. C. 174 for approximately 1.5 miles until its intersection with S. C. 164;
                    thence, east-northeastward approximately three miles along S. C. 164 until its intersection
                    with S. C. 165; thence, northward along S. C. 165 until its intersection with S. C. 642;
                    thence, southeastward along S. C. 642 until its intersection with U. S. Interstate 26; thence,
                    southward along 1-26 until its intersection with S. C. 7; thence, northeastward on S. C. 7 until
                    its intersection with the SCL track bed adjacent to Spruill Avenue; thence, northward along
                    this track bed until its intersection with the Charleston County/Berkeley County line, ap-
                    proximately one-fifth mile north of Remount Road; thence, east-northeastward along the
                    county line until its intersection with the Cooper River at Goose Creek; thence, eastward by a
                    straight line across the Cooper River and Yellow House Creek to Yellow House Landing on
                    Yellow House Creek; thence, southward along the only dirt road leading from the landing to
                    S-8-33; thence, northeastward along S-8-33 until its intersection with S-8-100; thence,
                    northeastward along S-8-100 until its intersection with S-10-98; thence, southward along S-
                    10-98 until its intersection with U. S. Highway 17; thence, northeastward along U. S. High-
                    way 17 until its intersection with S-27-30 north of the North Santee River; thence, eastward
                    along S-27-30 for approximately five miles; thence, northward along S-27-30 until its inter-
                    section with S-27-18; thence, northwestward along S-27-18 until its intersection with U. S.
                    Highway 17; thence, northeastward along U. S. 17 until its intersection with the South Caro-
                    lina-North Carolina border. In determining the exact location of this boundary, only those
                    lands seaward of the road beds and track beds described shall be included in the tidelands and
                    coastal waters critical areas.
                                   (2) All coastal waters and tidelands seaward from this boundary to the State
                    jurisdictional limit are included within the critical areas.
                           B. Beach/Dune System:
                           The Coastal Council has permitting authority over the beach/dune system. In deter-
                    mining the boundaries of this critical area, the Coastal Council will be guided by Section 48-
                    39-270, Section 48-39-280 and Section 48-39-360.


                    30-11. GENERAL GUIDELINES FOR ALL CRITICAL AREAS.
                           A. Preface: The critical areas are of vital importance to the State, and there is strong
                    and growing pressure for the development of these areas. The South Carolina Coastal Coun-
                    cil has established these rules and regulations for permit applications in an effort to reduce
                    the irreversible loss of productive tidelands, coastal waters, beaches, and dunes while meet-
                    ing long-range State development needs.
                           B. General Considerations: In assessing the potential impacts of projects in critical
                    areas, the Council will be guided by the policy statements in Section 1 and 2 of the Act
                    [Sections 48-39-20, 48-39-30] and the following ten considerations in Section 15 of the Act
                    [Section 48-39-150]:_


                                                                                                                     15







                            (1) The extent to which the activity requires a waterfront location or is eco-
             nomically enhanced by its proximity to the water,
                            (2) The extent to which the activity would harmfully obstruct the natural flow
             of navigable water. If the proposed project is in one or more of the State's harbors, or in a
             waterway used for commercial navigation and shipping, or in an area set aside for port
             development in an approved management plan, then a certificate from the South Carolina
             State Ports Authority declaring that the proposed project or activity would not unreasonably
             interfere with commercial navigation and shipping must be obtained by the Council prior to
             issuing a permit;
                            (3) The extent to which the applicant's completed project would affect the
             production of fish, shrimp, oysters, crabs, or clams or any marine life or wildlife, or other
             natural resources in a particular area, including but not limited to water and oxygen supply;
                            (4) The extent to which the activity could cause erosion, shoaling of channels
             or creation of stagnant water,
                            (5) The extent to which the development could affect existing public access
             to tidal and submerged lands, navigable waters and beaches, or other recreational coastal
             resources;
                            (6) The extent to which the development could affect the habitats for rare and
             endangered species of wildlife or irreplaceable historic and archeological sites of South
             Carolina's coastal zone;
                            (7) The extent of the economic benefits as compared with the benefits from
             preservation of an area in its unaltered state;
                            (8) The extent of any adverse environmental impact which cannot be avoided
             by reasonable safeguards;
                            (9) The extent to which an feasible safeguards are taken to avoid adverse en-
             vironmental impact resulting from a project;
                            (10) The extent to which the proposed use could affect the value and enjoy-
             ment of adjacent owners."
                    C. Further Guidelines: In the fulfilling of its responsibility under Section 15(A) of
             the Act, the Council must in part base its decisions regarding permit applications on the
             policies specified in Sections I and 2 of the Act, and thus, be guided by the following:
                            (1) The extent to which long-range, cumulative effects of the project may
             result within the context of other possible development and the general character of the area.
                            (2) Where applicable, the extent to which the overall plans and designs of a
             project can be submitted together and evaluated as a whole, rather than submitted piecemeal
             and in a fragmented fashion which limits comprehensive evaluation.
                            (3) The extent and significance of negative impacts on Geographic Areas of
             Particular Concern (GAPC). The determination of negative impacts will be made by the
             Coastal Council in each case with reference to the priorities of use for the particular GAPC.
             The priorities of use are found in Chapter IV of the Coastal Management Program.
                    D. General Guidelines for Beaches and Dunes:
                    In addition to the provisions of the South Carolina Coastal Management Act of 1977,
             the policies of the South Carolina Coastal Management Program, and applicable rules and
             regulations, the Coastal Council shall base its decisions on activities in the beach/dune
             system on the findings and policies specified in Section 48-39-250 and Section 48-39-260 of
             the 1977 Coastal Zone Management Act, as amended, and the following:
                            1. The Coastal Council shall discourage new construction in the beach/dune



             16








                  system and encourage those who have erected structures within the system to retreat.
                                 2. The Coastal Council shall promote soft-solutions to erosion within the
                  context of a policy of retreat of development from the shore and prevent the strengthening
                  and enlargement of existing erosion control structures.
                                 3. The Coastal Council shall promote public access to the beaches of this
                  state.
                                 4. The Coastal Council shall consider state and local comprehensive plans.
                  No permit shall be issued which is inconsistent with the state plan, and all permits issued
                  shall be consistent with local plans to the maximum extent practicable.
                                 5. The Coastal Council shall be guided by the prohibitions against construc-
                  tion contained in Section 290 and Section 300 of the Act which are based upon the conclu-
                  sion that ill-planned development, whether habitable structures, recreational amenities,
                  erosion control devices or other manmade structures, win now and in the future adversely
                  impact the fragile beach/dune system. These structures interfere with the natural system and
                  impact the highest and best uses of the system.In order to protect the highest and best uses of
                  the beach/dune system, the Coastal Council, in its management capacity, shall encourage
                  minimal development therein.
                                 6. The destruction of beach or dune vegetation seaward of the setback line is
                  prohibited unless there is no feasible alternative. When there is destruction of vegetation
                  permitted seaward of the setback line, mitigation, in the form of planting new vegetation to
                  rectify the destruction is required as a permit condition. In no event shall any part of a
                  building be constructed on a primary oceanfront sand dune.

                  30-12. SPECIFIC PROJECT STANDARDS FOR TIDELANDS AND COASTAL
                  WATERS.
                          A. Docks and Piers:
                                 (1) A dock or pier is a structure built over and/or floating on water and is
                  generally used for the mooring of boats. Docks and piers are the most popular method of
                  gaining access to deep water. Although they are least objectionable from an ecological point
                  of view, docks and piers sometimes pose navigational problems, restrict public use of the
                  water and, under certain circumstances, possess potential for creating environmental prob-
                  lems.
                                 (2) The following standards are applicable for construction of docks and
                  piers:
                                         (a) Docks and piers shall not impede navigation or restrict the reason-
                  able public use of State lands and waters;
                                         (b) Docks and piers shall be constructed in a manner that does not
                  restrict waterflow;
                                         (c) The size and extension of a dock or pier must be limited to that
                  which is reasonable for the intended use;
                                         (d) Docks and piers should use the least environmentally damaging
                  alignment;
                                         (e) All applications for docks and piers should accurately illustrate the
                  alignment of property boundaries with adjacent owners;
                                         (f) To preclude the adverse effects of shading marsh vegetation,
                  walkways which are built over vegetated marsh and lead to the dock or pier shall not exceed
                  four feet in width (unless the applicant can justify a need for a wider structure) and should be


                                                                                                               17








              elevated at least three feet above mean high water;
                                      (g) Dry storage in uplands will be encouraged in preference to moor-
              age in crowded areas;                                   I
                                      (h) Developers of subdivisions and multiple family dwellings are
              encouraged to develop joint-use or community docks when their plans are in the develop-
              ment stage. However, community docks may be considered a marina if any services are
              offered besides moorage for those having a right to use the dock or if the size and location of
              the community dock creates the potential for significant impact;
                                      (i) Project proposals shall include facilities for the proper handling of
              litter, waste, refuse and petroleum products, where applicable;
                                      G) Where docks and piers are to be constructed over tidelands utilized
              for shellfish culture or other mariculture activity, the Council will consider rights of the
              lessee and the public prior to approval or denial.
                      B. Boat ramps:
                              (1) Boat ramps provide access to the water for those who do not have water
              access by means of docks, piers, or marinas. However, boat ramp construction may require
              filling or, in some cases, dredging of wetland areas.
                              (2) Specific standards which shall apply are as follows:
                                      (a) Filling of vegetated wetlands for boat ramp construction is prohib-
              ited unless no feasible alternatives exist in non-vegetated wetland areas. In addition, the area
              to be filled must be limited to that which is reasonable for the intended use;
                                      (b) Boat ramps must consist of environmentally acceptable materials,
              demonstrate sound design and construction so that they could reasonably be expected to be
              safe and effective, and minimize adverse effects.
                                      (c) Justification for boat ramp construction in environmentally sensi-
              tive areas shall be considered using the following priorities:
                                               (i) public use - open to all citizens;
                                              (ii) restricted use - open to citizens of a particular area or
              organization only;
                                             (iii) private use - use for one citizen or family;
                                      (d) In cases where private use is necessary, siting of ramps must,
              wherever feasible, be located in areas where the least environmental impact will accrue to the
              area;
                                      (e) Boat ramp location requiring dredging or filling of wetlands to
              provide deepwater access to the ramp, parking areas for the ramp, or other associated facili-
              ties are prohibited unless no feasible alternatives exist and environmental impacts can be
              minimized;
                                      (f) The siting of "public use" boat ramps is encouraged in easily
              accessible areas such as bridges and existing, abandoned causeways, provided that these sites
              comply with other applicable regulations.
                      C. Bulkheads and Revetments (Rip-rap) (Other than ocean front, as covered under
              R.30-13(A)):
                             (1) In an attempt to mitigate certain environmental losses that can be caused
              by these structures, the following standards are adopted:
                                      (a) Structures must be designed to conform to the existing shoreline
              (upland boundary), to the maximum extent feasible, and constructed so that reflective wave
              energy does not destroy stable marine bottoms or constitute a safety hazard;



               18







                                         (b) Where possible, sloping rip-rap structures should be used rather
                  than vertical seawalls;
                                         (c) Where feasible, bulkhead and revetment construction shall avoid
                  sharp angle turns that may collect debris or cause shoaling or flushing problems;
                                         (d) Bulkheads and revetments will be discouraged where marshlands
                  are adequately serving as an erosion buffer, where adjacent property could be detrimentally
                  affected by erosion, sedimentation, or obstruction of view, or where public access is ad-
                  versely affected;
                                         (e) Bulkheads and revetments will not be approved where public
                  access is adversely affected unless no feasible alternative exists.
                         D. Cables, Pipelines, and Transynission Lines:
                                 (1) Installation of cables, pipelines, and transmission lines is preferred in non-
                  wetland areas; however, excavating activities in critical areas are sometimes required. Exca-
                  vation and filling also are sometimes required to construct foundation structures attendant to
                  the installation of overhead transmission line crossings. These installations shall be designed
                  to minimize adverse environmental impacts.
                                 (2) In addition to standards for dredging and filling, the following standards
                  are applicable:
                                         (a) To the maximum extent feasible, alignments must avoid crossing
                  the critical areas;
                                         (b) Creation of permanent open water canals to install pipelines is
                  generally prohibited since such projects usually interfere with drainage patterns and may
                  adversely affect water quality through accelerated bank erosion;
                                         (c) Dimensions of excavated canals for cables and pipelines should be
                  minimal. Silt curtains are recommended for all excavations;
                                         (d) Wherever feasible, all excavations in wetland areas must be
                  backfilled with the excavated material after installation of the appropriate structure, while
                  being careful to maintain the original marsh elevation;
                                         (e) Appropriate erosion control measures shall be employed during
                  the crossing of wetland areas. Where appropriate, revegetation with suitable wetland species
                  will be required;
                                         (f) Alignments of new projects should be designed to utilize existing
                  rights-of-way and topographic features, wherever feasible;
                                         (g) The extension of public services, such as sewer and water facili-
                  ties, involving the expenditure of public funds or issuance of government revenue bonds to
                  previously undeveloped barrier islands will not be approved unless an overriding public
                  interest can be demonstrated.
                         E. Marina Location and Design:
                                 (1) Each applicant for a marina in the critical areas of the coastal zone must
                  utilize the "Coastal Marina Permit Application" as published by the South Carolina Coastal
                  Council. Each application must be accompanied by a Coastal Marina Report developed in
                  accordance with the "Guidelines for Preparation of Coastal Marina Report" also published by
                  the South Carolina Coastal Council. In addition, each applicant who is issued a marina
                  permit by the Coastal Council must submit an operation and maintenance plan in accordance
                  with the Coastal Council's "Coastal Marina Operations and Maintenance Manual", and have
                  that plan approved by the Coastal Council before actual construction of the facility may
                  commence.





                                                                                                                 19







                              (2) Commercial docks are also considered a marina type facility. Ile stan-
              dards that apply to marinas will also be used as criteria in the evaluation of permit applica-
              tions for commercial docks.                              I
                              (3) All marinas affect aquatic habitats to some degree, but adverse effects can
              be minimized by utilizing proper location and design features. Application for marinas shall
              include a comprehensive site plan showing location and number of all water-dependent and
              upland facilities such as paricing and storage facilities.
                              (4) In addition to standards for bulkheads and seawalls, docks and piers,
              dredging and filling, and navigation channels and access canals, the following standards are
              applicable:
                                      (a) Marinas should be located in areas that will have minimal adverse
              impact on wetlands, water quality, wildlife and marine resources, or other critical habitats;
                                      (b) Where marina construction would affect shellfish areas, the Coun-
              cil must consider the rights of the lessee, if applicable, and the public, and any possible
              detrimental impacts on shellfish resources;
                                      (c) Marinas should be located in areas where maximum physical
              advantages exist and where the least initial and maintenance dredging will be required;
                                      (d) Marinas must avoid or minimize the disruption of currents. Dead-
              end or deep canals without adequate circulation or tidal flushing will not be permitted unless
              it can be demonstrated that water quality will not be adversely affected;
                                      (e) Marina design must minimize the need for the excavation and
              filling of shoreline areas;
                                      (f) Open dockage extending to deep water is usually preferable to
              excavation for boat basins, and it must be considered as an alternative to dredging and bulk-
              heading for marinas;
                                      (g) Turning basins and navigation channels shall be designed to
              prevent long-term degradation of water quality. In areas where there is poor water circula-
              tion, the depth of boat basins and access canals should not exceed that of the receiving body
              of water to protect water quality;
                                      (h) Project proposals shall include facilities for the proper handling of
              petroleum products, sewage, Etter, waste, and other refuse with regard to the South Carolina
              Department of Health and Environmental Control (DHEC) specifications.
                     Adequate restroom facilities shall be required in order to discourage any overboard
              discharge of sewage from boats and, thus, to protect water quality. The number of toilets
              required for any given marina shall be determined by the nature and size of the marina and
              by its specific site location. However, regardless of size, two toilets and one lavatory for
              women and one toilet, one urinal, and one lavatory for men shall be required for all marinas,
              and unless there are mitigating circumstances, the Council shall require one toilet and one
              lavatory for women and one toilet, one urinal, and one lavatory for men for every additional
              100 boat slips or fraction thereof over the original 100 boat slips. Toilet facilities should be
              constructed in a location that would encourage their use by the users of the marina.
                     If there are more than 100 slips, there shall be provided one additional toilet, lavatory
              and shower for each sex for each additional 40 slips or fraction thereof and one additional
              men's urinal for each 100 additional slips or fraction thereof.
                     Additional facilities are required by DBEC where restaurants, motels, laundries, and
              other nonwater-dependent structures are provided.
                     All pump-out and sewage facilities must be included in the public notice and certified


              20







                  by DHEC before permit approval. Also, DBEC can provide advice regarding the necessity
                  of having hose connections from boats to shore-based sewage facilities where these boats are
                  used as residences.                          I
                          Trash receptacles or similar facilities should be plentiful and convenient for the
                  proper disposal of trash, waste and noxious materials such as paints, ragg and oil cans re-
                  quired for normal boat maintenance and repair.
                          Where feasible, boat maintenance areas must be designed so that all bottom scraping
                  and painting be accomplished over dry land allowing for proper control and deposition of
                  residues, spills and storm water runoff-,
                                         (i) Dry storage type marinas are preferred, wherever feasible;
                                         0) Applications for construction of marina and commercial dock
                  facilities will be considered by the Council only after adequate demonstration by the appli-
                  cant of demand for the facilities;
                                         (k) Applications for marinas must include maintenance dredging
                  schedules and dredged material disposal sites when applicable.
                          F. Transportation:
                                  (1) There is often a strong public need for transportation projects. Unfortu-
                  nately, such projects can pose a significant risk of environmental degradation. However,
                  careful consideration of environmental factors can guide development toward more favorable
                  results. To the maximum extent possible, environmental considerations shall be harmonious
                  with public safety considerations.
                                  (2) The specific standards are as follows:
                                         (a) In the planning of major transportation routes and airports, these
                  projects should be sited for location inland from the critical areas;
                                         (b) The location and design of public and private transportation
                  projects must avoid the critical areas to the maximum extent feasible. Where coastal waters
                  and tidelands cannot be avoided, bridging rather than filling of these areas will be required to
                  the maximum extent feasible;
                                         (c) Where wetlands will be destroyed, their value as wetlands will be
                  assessed by the Council and weighed against public need for their destruction;
                                         (d) To the maximum extent feasible, transportation structures must be
                  designed so as not to alter the natural waterflow and circulation regimes or create excessive
                  shoaling or erosion. Where applicable, adequate clearance for commercial and pleasure craft
                  must be provided;
                                         (e) Where feasible, maximum care shall be taken to prevent the direct,
                  drainage of runoff water from transportation routes and associated facilities from entering
                  adjacent water bodies;
                                         (f) Where appropriate, bridges and approaches should be designed to
                  provide for the enhancement of public access by the utilization of fishermen, catwalks, boat
                  launching ramps, and other structural features;
                                         (g) During the planning of a multi-lane widening or improvement
                  project, it is preferable to follow the existing alignment in wetland areas. Existing causeway
                  and fill areas must be utilized wherever possible. The degree to which any existing causeway
                  through wetlands can be widened must be reasonably proportionate to the expected traffic
                  load of the causeway in the near future and the size and use of the area being provided
                  access. The width of medians of divided highways must be reduced as much as possible
                  wherever they cross wetland areas;



                                                                                                                   21







                                    (h) Roadway embankments and fill areas shall be stabilized by utiliz-
              ing appropriate erosion devices and/or techniques in order to minimize erosion and water
              quality degradation problems. Culverts shall be required, where appropriate, in order to
              maintain normal tidal influence and minimize disruption of drainage patterns;
                                    (i) The Council will require applicants for transportation project
              permits to consider the accommodation of other public utilities in facility design, thus avoid-
              ing unnecessary future alteration such as that caused by the laying of cables or transmission
              lines in wetlands adjacent to an existing roadway;
                                    0) New road or bridge projects involving the expenditure of public
              funds to provide access to previously undeveloped barrier islands will not be approved unless
              an overriding public interest can be demonstrated.
                     G. Dredging and Filling:
                            (1) Development of wetland areas often has been considered synonymous
              with dredging and filling activities. Dredging and filling in wetlands can always be expected
              to have adverse environmental consequences; therefore, the Council discourages dredging
              and filling. There are cases, however, where such unavoidable environmental effects are
              justified if legitimate public needs are to be met.
                            (2) The specific standards are as follows:
                                    (a) The creation of commercial and residential lots strictly for private
              gain is not a legitimate justification for the filling of wetlands. Permit applications for the
              filling of wetlands and submerged lands for these purposes shall be denied, except for ero-
              sion control, see R.30-12(C), or boat ramps, see R.30-12(B). All other dredge and fill activi-
              ties not in the public interest will be discouraged;
                                    (b) Dredging and filling in wetland areas should be undertaken only if
              that activity is water-dependent and there are no feasible alternatives;
                                    (c) To the maximum extent feasible, dredging and filling activities
              should be restricted in nursery areas and shellfish grounds and during periods of migration,
              spawning, and early development of important sport and commercial species;
                                    (d) Dredging and excavation shall not create stagnant water condi-
              tions, lethal fish entrapments, or deposit sumps or otherwise contribute to water quality
              degradation;
                                    (e) Designs for dredging and excavation projects shall, where feasible,
              include protective measures such as silt curtains, diapers, and weirs to protect water quality
              in adjacent areas during construction by preventing the dispersal of silt materials;
                                    (f) Dredged materials shall be deposited and contained in such a
              manner so as to prevent dispersal into adjacent wetland areas;
                                    (g) Applications for dredging in submerged and wetland areas for
              purposes other than access, navigation, mining, or drainage shall be denied, unless an over-
              riding public interest can be demonstrated. Dredging permits for mining will be issued only
              as specified in (2)(h) below. Drainage permits must be consistent with the provisions in
              R.30-12(L);
                                    (h) Applications for dredging for mining activities within the critical
              areas will be denied unless a significant portion of the resource is located in the critical area,
              extraction of the resource is clearly necessary, and benefits derived from extraction would
              outweigh resultant detrimental impacts on coastal ecosystems. For any permit issued to
              allow dredging for mining operations in the critical areas, a complete site reclamation plan
              shall be required;



              22








                                           (i) Wetlands shall not be utilized as depositories for waste materials
                   except as discussed in R.30-12(I);
                                           0) In all cases, dredging activities shall not be approved until satisfac-
                   tory disposal sites have been acquired.
                           H. Navigation Channels and Access Canals:
                                   (1) Certain dredging activities involve the creation and maintenance of
                   navigation channels and access canals. These activities have a potential for severe environ-
                   mental impacts and should meet a demonstrated public need.
                                   (2) Where the Council determines that such activities are justified, the follow-
                   ing standards will be applied:
                                           (a) Dredging for establishment of new canals which involves perma-
                   nent alteration of wetland habitats will be prohibited unless no feasible alternative exists.
                   Establishment of canals for purposes of creating waterfront lots from inland property will be
                   prohibited unless it can be demonstrated that there will be no significant environmental
                   impacts on critical areas;
                                           (b) To the extent feasible, project plans must utilize piers or catwalks,
                   rather than channels or canals, to reach deeper water areas;
                                           (c) Access canals shall be designed to insure adequate flushing and
                   shall not create dead-end or stagnant water pockets. Open-ended, U-shaped, or semicircular
                   canals are generally preferred over dead-end canals, since they usually provide better water
                   circulation;
                                           (d) Highland waterway construction that is slated to be tied into
                   wetland areas shall be constructed in the dry, if feasible, so that sloping and stabilization of
                   the banks can be completed before the plug is removed for the connection to open water       Is.
                   Where dry construction is not possible, temporary plugs or silt curtains at the end of canals
                   connected to waterways should be maintained until all sediment settles out;
                                           (e) The sides of navigation channels and access canals should be
                   gently sloping rather than vertical to facilitate biological as well
                   as physical stabilization of the canal banks;
                                           (f) When several landowners are to be served by a project, dredging
                   for navigation channels and access canals should be well planned to prevent unnecessary
                   excavation. Tributary canals in the highlands leading to a central navigation channel should
                   be utilized rather than separate channels for each waterfront landowner,
                                           (g) The berm of access canals should be raised so that there is a
                   gradual slope away from the canal edge. This will help prevent introduction of contaminants
                   into adjacent wetland areas;
                                           (h) Alignment of channels and canals should make maximum use of
                   natural or existing channels. Alignment of channels and canals should avoid shellfish beds,
                   nursery areas, and spawning areas in wetlands.
                           L Deposition of Dredged Material:
                                   (1) The deposition of dredged materials resulting from numerous dredging
                   activities along the coast has serious environmental effects separate from the original dredg-
                   ing activity. Thousands of acres of productive wetland habitat have been destroyed by such
                   deposition. Recognizing that additional disposal sites will be required, it is important that
                   site acquisition proposals include plans for mitigating any adverse impacts upon the environ-
                   ment.
                                   (2) The following standards are to be utilized:


                                                                                                                      23







                                      (a) Upland disposal of dredged material shall always be sought in
              preference to disposal in wetlands. Vegetated wetlands and mudflats shall not be utilized for
              disposal of dredged materials unless there are no feasible alternatives. Any other wetlands
              should not be utilized fordisposal of dredged materials when other. alternatives exist;
                                      (b) Open water and deep water disposal should be considered as an al-
              ternative if highland alternatives are not feasible. However, open and deep water disposal
              sites should be seriously considered only after careful consultation with the Council and
              other relevant State and Federal agencies;
                                      (c) Dredged materials containing hazardous levels of toxic material
              must be disposed of with extraordinary caution. These materials shall never be disposed of
              in wetland areas and only in highland areas which are lined and diked with impervious
              materials. These materials will only be disposed in open water ocean dumping sites when
              maximum safety has been demonstrated after thorough review by the Coastal Council and
              other appropriate state and federal agencies;
                                      (d) Dikes surrounding disposal areas should be shaped and vegetated
              immediately to minimize erosion, with outfalls positioned to empty into non-wetland areas;
                                      (e) Future disposal sites shall be reviewed on a case-by-case basis;
                                      (f) Wherever feasible, existing disposal areas shall be utilized to the
              fullest extent possible; this would include raising the height of the embankments to increase
              the holding capacity of the disposal area;
                                      (g) Consideration must be given to the temporal aspects of spoil
              deposition - for example, impacts on spawning, fish migrations, shellfish harvesting, water-
              fowl nesting and wintering areas, and mosquito control. Attention must be given to possible
              adverse impacts of various alternative sites on the public health and welfare as well as on
              critical fish and wildlife areas;
                                      (h) In all cases, dredging activities shall not be approved until satis-
              factory disposal sites have been acquired.
                     J. Waste Treatment Systems:
                              (1) Several agencies regulate the installation and operation of waste water
              treatment facilities, septic tanks, and landfills. Council permits will be coordinated with
              these relevant agencies. Normal maintenance and repair of sewer facilities are exempted
              from Council permit requirements by Section 13(D) of the Act [Section 48-39-130(D)]. The
              discharge of treated effluent is also exempted; provided, however, that the Council shall
              review and comment on these discharges. The Council is concerned primarily with wetland
              degradation problems which could involve commercially important shellfish, recreational
              fisheries, and critical wildlife habitats.
                             (2) Standards applicable to these installations are as follows:
                                      (a) Applications for the construction of lagoons or impoundments for
              waste treatment facilities, solid waste disposal sites and similar activities in the critical areas
              shall be denied unless there are no feasible alternatives and it can be demonstrated that there
              will be no significant environmental impacts;
                                      (b) Wherever feasible, construction and design of waste treatment
              facilities shall be accomplished in such a manner that no effluent will be discharged into
              areas where shellfish and other marine resources would be adversely affected. Where waste
              treatment facilities would affect open, productive shellfish harvesting areas, the Council must
              consider the rights of the lessee, if applicable, or the public in the case of public oyster
              grounds, as well as impacts on shellfish resources;



              24







                                           (c) The siting of sewage treatment systems should avoid the critical
                   areas. The location of structures other than actual pipelines, such as pump Of lift stations, in
                   critical areas will be prohibited unless no feasible alternatives exist;
                                           (d) The construction of sewage treatment facilities and associated
                   discharge pipes should be located and designed so as not to have adverse impacts upon areas
                   of significant public use.
                           K. Marsh Impoundments for Recreational and Commercial Activities:
                                   (1) Marsh impoundments totalling nearly 69,000 acres comprise a significant
                   portion (approximately 16 percent) of our coastal wetlands. An additional acreage, perhaps
                   equaling this figure, has been impounded in the past but consists today of tidally influenced
                   areas where embankments are no longer maintained. Once important rice growing areas, the
                   majority of these impoundments are managed primarily for recreational waterfowl hunting,
                   wildlife sanctuaries, and other commercial, agricultural, and preservation uses.
                                    (2) Proposals will be reviewed on a case-by-case basis according to the
                   following standards:
                                           (a) Permit applications to impound previously unimpounded wetlands
                   or areas inundated by SAA waters shall be denied unless an overriding public interest is
                   clearly demonstrated.
                                           (b) The following factors will be considered in the review of permit
                   applications for the impoundment of wetlands:
                                                     (i) Condition of existing dikes. Projects should require a
                   minimum of new bank construction in wetlands.
                                                     (ii) Amount of wetlands proposed to be impounded.
                                                   (iii) The extent to which the project would block waters
                   presently used for recreation or navigation by the public.
                                                     (iv) Degree of salinity of waters impacted by the proposed
                   project.
                                                     (v) Quality of waters affected by the proposed project.
                                                     (vi) Primary purpose of the impoundment.
                                           (c) All applications for the impoundment of wetlands must be accom-
                   panied by a detailed management plan setting forth the intent and method of managing the
                   impounded areas. This plan must contain, but not necessarily be limited to, the following
                   information:
                                                     (i) Applicant's objective(s) for the impoundment.
                                                     (ii) Schedule of water level manipulations.
                                                   (iii) Methods of pest and predator control (i.e., use of pesti-
                   cides, prescribed burning, etc.).
                                                     (iv) Water quality management plan.
                           The management plan must be approved by the Council prior to permit issuance and
                   shall become a condition of the permit.
                           L. Drainage Canals or Ditches:
                                   (1) Drainage canals or ditches should follow the least damaging alignment
                   and should meet one or more of the following needs:
                                           (a) insect or vector control as a public health necessity;
                                           (b) other public health purposes;
                                           (c) the control of runoff as part of a comprehensive flood plain man-
                   agement plan.



                                                                                                                      25







                            (2) In addition to the application standards for dredging and filling and
              navigation channels and access canals, the following standards shall apply:
                                    (a) Drainage canals and ditches- shall not create dead water or stagnant
              pockets;
                                    (b) To the extent feasible, the alignment of drainage canals should
              avoid the more productive wetlands;
                                    (c) To the extent feasible, allgnments of canals shall make maximum
              use of existing deep water channels to avoid unnecessary excavation;
                                    (d) To the extent feasible, the quantity and quality of any discharged
              waters shall not result in extensive alteration of wetlands or the quality of coastal waters;
                                    (e) All dredged material must be disposed of in accordance with the
              regulations under R.30-12(l).
                     I%L Nonwater-dependent Structures: Nonwater-dependent structures, as defined in
              Section R.30- I (C), have been built in the past on pilings over coastal waters and tidelands
              critical areas. Nonwater-dependent structures shall be prohibited from being constructed
              over or in tidelands and coastal waters critical areas unless there is no significant environ-
              mental impact, an overriding public need can be demonstrated and no feasible alternatives
              exiSt.


              30-13. SPECIFIC PROJECT STANDARDS FOR BEACHES AND DUNES.
                     A. Normal Maintenance and Repair of Habitable Structures: Normal mainte-
              nance and repair of habitable structures is allowed without notice to Coastal Council. See
              R.30-14(D)(3)(a) and R.30-1(C)(28).
                     B. Construction of New Habitable Structures: If any part of a new habitable
              structure is constructed seaward of the setback line, the owner shall certify to the Coastal
              Council that construction meets the following requirements:
                            (1) The habitable structure is no larger than five thousand square feet of
              heated space.
                            (2) The structure is located as far landward on the property as practicable.
                            (3) A drawing has been submitted to the Coastal Council showing a footprint
              of the structure on the property, a cross section of the structure, and the structure's relation to
              property lines and setback lines which affect the property.
                            (4) No erosion control structure or device is incorporated as an integral part
              of the habitable structure pursuant to Section 48-39-290.
                            (5) No part of the building is being constructed on the primary oceanfront
              sand dune or seaward of the baseline.
                     C. Additions to Habitable Structures: Additions to habitable structures between
              the baseline and setback fine are allowed provided the following requirements are met:
                            (1) The additions together with the existing structure do not exceed five
              thousand square feet of heated space.
                            (2) Additions to habitable structures comply with the conditions of new
              habitable structures as set forth in R.30-13(B).
                     D. Repair and Renovation of Habitable Structures: Repair and renovation of a
              habitable structure between the baseline and setback line damaged but not destroyed beyond
              repair, due to natural or man-made causes is allowed after notice and written documentation
              to Coastal Council.





              26







                           E. Replacement or Rebuilding of Habitable Structures:
                                   (1) A habitable structure in excess of five thousand square feet of heated
                   space between the baseline and setback line which has been destroyed beyond repair due to
                   natural causes, may be replaced or rebuilt provided all of the following requirements are met:
                                          (a) The total square footage of the replaced structure seaward of the
                   setback line does not exceed the total square footage of the original structure seaward of the
                   setback line.
                                          (b) The linear footage of the replaced structure parallel to the coast
                   does not exceed the original linear footage parallel to the coast.
                                          (c) The replaced structure is no farther seaward than the original
                   structure.
                                          (d) Where possible, the replaced structure is moved landward of the
                   setback line or if not possible, then as far landward as practicable, considering local zoning
                   and parking regulations.
                                          (e) The reconstruction is not seaward of the baseline unless permitted
                   elsewhere in Section 48-39-250 through 48-39-360.
                                          (f) Replacement of a habitable structure destroyed beyond repair due
                   to man-made causes is allowed provided the rebuilt structure is no larger than the original
                   structure it replaces and is constructed as far landward as possible, but the new structure must
                   not be farther seaward than the original structure.
                                   (2) A habitable structure up to five thousand square feet of heated space
                   between the baseline and setback line which has been destroyed beyond repair by natural or
                   man-made causes may be replaced or rebuilt provided the requirements of new habitable
                   structures are met pursuant to R.30-13(B).
                           F. Landscaping, Earthmoving and Fill for Landscaping.
                           Within the beach/dune system, the installation of materials and associated amenities,
                   moving of earth and placing of fill to accomplish these installations are allowed provided all
                   of the following requirements are met:
                                   (1) A comprehensive landscaping plan is submitted to and approved in writing
                   by Coastal Council.
                                   (2) 71be construction of a retaining wall which extends below existing grade
                   will not be allowed;
                                   (3) No sand from the beach shall be used as backfill;
                                   (4) No native plant material growing on the frontal dunes may be disturbed
                   unless it can be demonstrated that the condition of the dune will be improved;
                                   (5) Only native salt tolerant plant species may be planted on dunes and shall
                   be approved by Coastal Council staff;
                                   (6) Adequate measures shall be taken to contain fill and irrigation runoff,
                                   (7) No leveling of dunes is allowed;
                                   (8) All work shall be in compliance with applicable local ordinances.
                           G. Fences, Lighting, Trash Receptacles, Sidewalks, and Signs.
                           Seaward of the setback line the placement, maintenance and
                   repair, and replacement of fences, lighting, trash receptacles, sidewalks, and signs are al-
                   lowed provided all of the following requirements are met:
                                   (1) Construction shall not alter or impact existing sand dunes, dune vegeta-
                   tion, or the beach;
                                   (2) Existing concrete sidewalks attendant to public streets may be replaced


                                                                                                                    27







             within their original footprint;
                            (3) Trash receptacles (not dumpsters) may be attached to access ways or
             placed on the beach when the local government determines there is a need for such recep-
             tacles;                 1
                            (4) Signs are limited to only those attached to attendant structures or mail
             receptacles or informational signs deemed necessary by federal, state, or local government
             for public health and safety. Advertisements are not allowed except on the walls or roofs of
             commercial structures;
                            (5) No fence may be used as a retaining wall;
                            (6) Any additional lighting seaward of the setback line shall be designed to
             shield the beach from illumination.
                    H. Emergency Vehicle Access Ways, Non-attached Decks, Gazebos and Other
             Structures Which Enhance Beach Access.
                    Seaward of the setback line the placement maintenance and repair, and replacement
             of emergency vehicle access ways, decks, gazebos, and other structures which enhance beach
             access are allowed provided all of the following requirements are met:
                            (1) Emergency vehicle access ways shall:
                                   (a) Be constructed at sites which preclude alteration of existing sand
             dunes and dune vegetation to the maximum extent practicable;
                                   (b) Be constructed above the existing grade except for points of entry
             and exit;
                                   (c) Be constructed of wood.
                                   (d) Be located at least one-half mile from any other vehicle access to
             the beach unless, after review by Coastal Council, this provision is determined to be unrea-
             sonable due to site specific circumstances concerning health and safety needs;
                                   (e) Be approved by the local government with jurisdiction;
                                   (f) Provide for pedestrian access use.
                            (2) Non-attached decks, gazebos and other structures (other than walkways)
             which enhance beach access shall:
                                   (a) Be constructed of wood.
                                   (b) Not be constructed seaward of the no-construction zone;
                                   (c) Not exceed one hundred forty-four square feet (this square footage
             is not included in the five thousand square-foot limitation on habitable structures);
                                   (d) Be limited to no more than one of these structures per lot unless a
             limit of one would cause an unnecessary hardship as determined by the South Carolina
             Coastal Council;
                                   (e) Not be put to a commercial use;
                                   (f) Be in compliance with applicable local ordinances.
                    L The Construction and/or Repair of Drives and Parking Lots.
                    Within the setback area, the construction and/or repair of drives and parking lots
             within the setback area is allowed provided all of the following requirements are met:
                            (1) On front row lots, new driveways and/or parking lots shall not extend
             seaward of habitable structures;
                            (2) Existing drives and/or parking lots shall not be expanded beyond their
             original size;
                            (3) No sand from the beach may be used during construction and/or repair,
                            (4) No alteration of the primary oceanfront sand dune or its dune vegetation is



             28








                  allowed;
                                 (5) At the Coastal Council's discretion, a Stormwater Management Plan may
                  be required;                              I
                                 (6) The work shall comply with applicable local ordinances;
                                 (7) Best Management Practices (BMP's) such as hay bales, silt fences,
                  mulches, or other appropriate measures shall be used as necessary during the construction
                  phase to prevent sedimentation reaching adjacent waters and wetlands. Upon project com-
                  pletion the disturbed areas shall be stabilized as soon as possible with grass or other appropri-
                  ate vegetative cover-,
                                 (8) No new driveway or parking lot may be constructed seaward of the
                  baseline unless a special permit as provided in Section 48-39-290(D) is obtained.
                  J. Installation or Repair of Underground and Overhead Water, Sewer, Gas, Electrical,
                  Telephone Lines and Cable Service Lines.
                         Within the setback area the placement, maintenance, repair, and replacement of
                  service lines are allowed provided the following requirements are met:
                                 (1) All service lines shall be located as far landward as possible on each
                  individual lot;
                                 (2) Lines, junction boxes, poles, and accessory features will be relocated
                  landward as far as possible in the event there is a need for replacement;
                                 (3) Dunes allowed to be altered during construction shall be reconfigured and
                  revegetated in accordance with Coastal Council guidelines;
                                 (4) All work shall be in compliance with applicable local ordinances;
                                 (5) A comprehensive plan for new or replacement utilities shall be approved
                  in writing by the Council.
                         K. Drainage Structures.
                         Seaward of the setback line the placement, maintenance and repair, and replacement
                  of drainage structures are allowed provided the following requirements are met:
                                 (1) For new construction, the structures shall be part of a Coastal Council
                  approved storm water management plan or drainage plan which must be submitted either
                  prior to or at the time the permit application is submitted.
                                 (2) The replacement of drainage structures shall not involve an increase in the
                  size of the existing structures, unless this change is approved by the Coastal Council as a part
                  of the Stormwater Management Plan or drainage plan.
                                 (3) Any disturbance to the dunes and dune vegetation shall be restored to pre-
                  project conditions as soon as possible, and the restoration shall be approved by the Coastal
                  Council staff.
                                 (4) The drainage structure shall comply with the local drainage plan for the
                  area seaward of the setback line.
                                 (5) New drainage structures may be placed on the beach only if.
                                        (a) Existing structures are eliminated;
                                        (b) No feasible alternative exists.
                                 (6) All work shall be in compliance with applicable local ordinances.
                                 (7) Areas disturbed during construction shall be revegetated to the Coastal
                  Council's satisfaction.
                         L. Sand Fences, Minor Beach Renourishment, Dune Revegetation.
                         In an effort to provide beachfront property owners with passive, low-cost dune stabi-
                  lization methods, the placement, maintenance and repair, and replacement of sand fencing,


                                                                                                               29








              dune revegetation, and minor renourishment may be allowed seaward of the setback line
              under the following conditions (Note: These steps may not be viewed as being undertaken
              for erosion control but rather as dune enhancement and stabilization measures. Since a broad
              beach and a healthy dune'provide a storm buffer, these methods should aid the natural proc-
              esses affecting the beach/dune system.):
                             (1) Sand fencing requirements:
                                    (a) The fence material shall be degradable.
                                    (b) The fences shall be installed according to guidelines established by
              Coastal Council staff.
                                    (c) The fences shall be installed in a manner so as not to impede turtle
              nesting. The Coastal Council may require sand fences be moved or removed entirely if the
              fences are found to impact turtle nesting activities or, in the Coastal Council's opinion, have
              the potential to impact.turtle nesting activities.
                                    (d) The fence shall be placed above the highest up rush of the waves as
              determined by Coastal Council staff.
                                    (e) The fencing shall not impede public access.
                                    (f) The fence shall be installed with the understanding that this is a
              temporary measure.
                                    (g) If fence material is damaged, debris shall be removed expeditiously
              from the beach area by the owner.
                                    (h) If the Coastal Council determines that the fence has a detrimental
              impact to the beach/dune system, it shall be removed by the owner as directed by the Coastal
              Council.
                             (2) Revegetation requirements:
                             Property owners are encouraged to plant vegetation as a means of stabilizing
              oceanfront dunes. The roots of plant material tend to bind sand to dunes, while plant foliage
              serves to trap wind blown sand. Suggested plant varieties include, but are not limited to,
              American beach grass (Ammophila breviligulata), bitter panicurn (Panicurn amarurn), and
              sea oats (Uniola paniculata).
                                    (a) Vegetation shall be planted in early spring, before May 30 if
              possible, and shall be planted, irrigated and fertilized according to nursery instructions or
              Coastal Council's "How to Build a Dune" guidelines.
                                    (b) Coastal Council staff shall inspect the site first and determine that
              there is a need for vegetative stabilization.
                             (3) Minor renourishment is allowed in an attempt to build and maintain
              healthy dunes. Minor renourishment requirements are:
                                    (a) Sand shall be compatible in size and grain color, shall be from an
              upland source, and its use approved in writing by Coastal Council staff.
                                    (b) Minor renourishment shall be performed between November I and
              March 1.
                                    (c) Coastal Council staff shall inspect the site and establish that there is
              a need for the project.
                                    (d) All projects shall be in compliance with applicable local ordi-
              nances.
                     M. Returning Sand to the Beach/Dune System.
                     Seaward of the setback line sand that has drifted out of this critical area may be
              returned to it if the following requirement is met:



              30








                                  (1) A description of the proposed work shall be submitted to and approved in
                   writing by the Coastal Council prior to any initiation of work.
                          N. Erosion Control.
                                  (1) Groins and Jetties:
                                  Groins and jetties interfere with the natural transport of sediment and this is
                   not always beneficial. Therefore, applications for these structures shall be carefully reviewed
                   to determine their overall effect. Ile following standards shall apply:
                                          (a) Groins shall be constructed so that they can be altered or removed
                   if they cause undesirable effects;
                                          (b) Where feasible, jetties shall be designed to provide public recrea-
                   tional fishing opportunities;
                                          (c) Construction activities shall be scheduled so as not to interfere with
                   nesting and brood-rearing activities of sea birds, sea turtles, or other wildlife species.
                                  (2) Offshore Breakwaters:
                                  Permits for offshore breakwaters may be issued only after careful review and
                   in each case with the provision for removal of the structure to mitigate harmful effects which
                   might be manifested after construction.
                                  (3) Protection of Beaches and Artificial Beach Nourishment:
                                  The following requirements apply to the Coastal Council's consideration of
                   projects for the nourishment of beaches:
                                          (a) Careful study shall be given to the type (grain size and quality) of
                   material most suitable for nourishment of a particular beach area;
                                          (b) Borrow areas and sand for artificial nourishment shall be carefully
                   selected to minimize adverse effects. Where possible, artificial beach nourishment shall be
                   performed in concert with inlet stabilization or navigation projects;
                                          (c) Dredging in the borrow areas shall not be in conflict with spawn-
                   ing seasons or migratory movements of significant estuarine or marine species. Nourishment
                   of beach areas shall be scheduled so as not to interfere with nesting and brood-rearing activi-
                   ties of sea birds, sea turtles, or other wildlife species;
                                          (d) All policies concerning dredging and filling cited at R.30-12G
                   shall be applied to beach nourishment proposals;
                                          (e) Nourishment projects shall have a minimum projected life of ten
                   years.
                                  (4) Erosion Control Structures or Devices
                                          (a) No new erosion control structures or devices are allowed seaward
                   of the setback line except to protect a public highway which existed on June 25, 1990.
                                          (b) No erosion control structures or devices may be incorporated as an
                   integral part of a habitable structure.
                                          (c) Erosion control structures or devices must not be enlarged,
                   strengthened, or rebuilt but may be maintained in their present condition if not destroyed
                   more than the percentage allowed in Section 48-39-290(B)(2)(b)(i), (ii) and (iii). Repairs
                   must be made with materials similar to those of the structure or device being repaired.
                                          (d) Erosion control structures or devices determined to be destroyed
                   more than the percentage allowed in Section 48-39-290(B)(2)(b)(i), (ii) and (iii) must be
                   removed at the owner's expense. Nothing in this section requires the removal of an erosion
                   control structure or device which existed on July 1, 1988, that protected a public highway.
                                          (e) Erosion control structures or devices which existed on June 25,1995;


                                                                                                                 31







              1990, must not be repaired or replaced if destroyed:
                                            (i) more than eighty percent above grade through June 30,
                                            (ii) more than sixty-sixand two-thirds percent above grade
              from July 1, 1995, through June 30, 2005.
                                            (iii) more than fifty percent above grade after June 3,'2005.
              [See R.30-14(D)(3)(c) and (d) for damage assessment.]
                     0. Sand Dune Management.
                             (1) Walkways over dunes, as provided in ï¿½48-39-130(D), shall meet the
              following requirements:
                                    (a) Be constructed of wood;
                                    (b) Have a maximum width of six feet;
                                    (c) Conform with the contour of the dunes;
                                    (d) Displace no sand in a critical area;
                                    (e) Be constructed with as little environmental damage as possible;
                                    (f) Not be located within fifty feet of another walkway on the same
              parcel of property;
                                    (g) Be limited to no more than one of these structures per lot unless a
              limit of one would cause an unnecessary hardship as determined by the Coastal Council.
                             (2) Projects to protect, restore, or build dunes shall conform to the following
              standards:
                                    (a) Except for walkways over sand dunes, as provided in ï¿½48-39-
              130(D), no alteration of a sand dune in the beach/dune system shall be permitted unless it can
              be demonstrated that there shall be no permanent deleterious effects.
                                    (b) The use of natural beach vegetation to trap wind blown sand is en-
              couraged. Where pedestrian traffic has destroyed natural vegetation, the use of temporary
              sand fencing or its equivalent may be permitted.
                                    (c) The construction of a dune by using beach sand and mechanical
              equipment shall be permitted only for restoration after unusual damage, such as that caused
              by a hurricane.
                                    (d) Artificial dunes shall not be constructed seaward of the normal
              spring high-tide line.
                                    (e) Any artificially constructed dunes shall be aligned to the greatest
              extent possible with existing dune ridges and shall be of the same general configuration as
              adjacent dunes.
                     P. Nonwater-dependent Structures.
                     Nonwater-dependent structures, including but not limited to residences, restaurants,
              motel/hotel facilities, other commercial activities, and parking facilities, have been con-
              structed in the past within the beach/dune system. The siting of new nonwater-dependent
              structures seaward of the baseline is prohibited unless a special permit is obtained pursuant to
              Section 48-39-290(D) and R.30-15(F) herein.
                     Q. Golf Courses.
                             (1) Golf Courses are allowed seaward of the baseline because they can adjust
              to a changing shoreline more readily than other types of land uses. Sandscraping or sandbag-
              ging is not allowed as protection for golf courses.
                             (2) Specific standards which shall apply are as follows:
                                    (a) Leveling or damaging of dunes or dune fields is prohibited.
                                    (b) Golf courses should be located as far landward as practicable to



              32









                         rumize encroachment into the setback area.
                                                 (c) Any lighting seaward of the setback line must be low intensity and
                      adequately shielded to prevent impact on sea turtle nesting.
                                                 (d) Measures must be taken to protect the integrity of the primary
                      oceanfront sand dune from foot traffic. These measures may include: -
                                                          (i) courses designed in a manner that will minimize adverse
                      effects on the sand dunes;
                                                          (ii) physical barriers such as sand fencing placed at the land-
                      ward trough of the dune;
                                                          (iii) certain types of vegetation that would discourage pedes-
                      trian traffic, or,
                                                          (iv) any other measures Coastal Council may deem necessary.
                               R. New Fishing Piers:
                                        (1) New fishing piers are allowed seaward of the baseline in order to provide
                      public access to our coastal resources.
                                        (2) Specific standards which shall apply are as follows:
                                                 (a) They must be dedicated to public use. A reasonable fee may be
                      charged to the public but the general public may not be excluded from use.
                                                 (b) No restaurant, arcade or other nonwater-dependent structure shall
                      be placed on the pier seaward of the baseline.
                                                 (c) The height of the pier stringers and spacing of the piles must be
                      able to accommodate vehicular traffic associated with emergency operations and renourish-
                      ment projects.

                      R. 30-14 ADMINISTRATIVE PROCEDURES.
                               A. Procedures for Local Beach Management Plan Approval and Amendments
                      [ï¿½48-39-350(A)I.
                                        (1) South Carolina local governments with jurisdiction fronting the Atlantic
                      Ocean shall submit to Coastal Council by no later than July 1, 1990, a local beach manage-
                      ment plan after the local government has afforded the opportunity for adequate public re-
                      view.
                                        (2) Upon receipt of the local plan, the Coastal Council shall:
                                                 (a) Afford the public a thirty day comment period;
                                                 (b) Afford the opportunity for a public hearing on the local beachfront
                      management plan;
                                                 (c) After considering all comments, approve, modify or remand the
                      local beachfront management plan.
                                        (3) Ile Coastal Council shall issue a public notice of the approval of any local
                      beach management plan or amendment thereto. The implementation date of the local beach
                      management plan or amendment thereto will be specified in such public notice.
                               B. Procedures for State Implementation of Local Responsibilities [ï¿½48-39-
                      350(B)].
                                        (1) If a local government fails to develop and implement a local beach man-
                      agement plan as required by ï¿½48-39-350, the Coastal Council shall implement the local
                      government's responsibilities by:
                                                 (a) Issuing public notice that the Coastal Council has found that the
                      local government has failed to develop and implement a local beach management plan as


                                                                                                                                     33








               required;
                                      (b) Carrying out the tasks enumerated in ï¿½48-39-350(A)(1-10);
                                      (c) Providing a thirty day public; comment period for public review of
               Coastal Council's proposed local beach management plan;
                                      (d) Affording the opportunity for a public hearing;
                                      (e) After reviewing all public comments, modify and/or adopt and
               implement the local plan.
                              (2) Ile Coastal Council may delegate responsibility for the implementation of
               the Coastal Council sponsored and approved local beach management plan to the local gov-
               ernment, but the Coastal Council shall have the right to assume responsibility for administer-
               ing and enforcing the plan if the local government fails to do so.
                      C. Procedures for State/Local Coordination During and in Response to Emer-
               gency Situations (Sections 48-39-320 & 350).
                      The issuance of a Coastal Council emergency order automatically supersedes any local
               emergency order for the same emergency situation.
                      D. Procedures for Determining Destroyed Beyond Repair (Section 48-39-290(B)].
                              (1) The Coastal Council shall be required to make a determination as to
               whether or not a habitable structure is destroyed beyond repair under Section 48-39-290 in
               any of the following cases:
                                      (a) Upon the written request of an owner of the habitable structure or
               local government official;
                                      (b) Upon its own election;
                                      (c) As part of a damage assessment effort conducted solely by the
               Coastal Council or in cooperation with a local government in response to an emergency
               situation.
                              (2) Ile Coastal Council shall provide a copy of its determination of whether a
               habitable structure is destroyed beyond repair to the property owner and the local government
               with jurisdiction over such habitable structure.
                              (3) -The Coastal Council shall employ the following procedures in determining
               whether a structure is destroyed beyond repair:
                                      (a) Habitable Structure:
                                             (i) Following a natural disaster, Coastal Council shall coordi-
               nate a post-storm damage appraisal with the affected unit of local governments. The Coastal
               Council will develop guidelines pursuant to Section 48-39-270(l 1) for performing damage
               appraisals. The Coastal Council staff shall make the initial damage appraisal. When appro-
               priate, the Coastal Council may use the property owner's insurance adjustor's figures to
               determine the damage.
                                             (ii) If an owner disagrees with the appraisal of the Coastal
               Council, he may obtain a second appraisal to evaluate the damage to the building. An owner
               who disagrees with the appraisal of the Coastal Council must notify the Coastal Council in
               writing, within 90 days of receipt of the Coastal Council's determination that he intends to
               obtain an appraisal. If the two appraisals differ, then the two appraisers must select a third
               appraiser. If the two appraisers are unable to select a third appraiser, the Clerk of Court of the
               county in which the structure lies must make the selection. All third appraisers must be
               registered, professional engineers, registered architects or licensed adjustors. All third ap-
               praisers must not have been involved in either the insurance adjustment of the property or the
               first or second appraisal and the cost of the third appraisal will be divided equally between the



               34







                    Coastal Council and the property owner. In no event may the property owner begin rebuild-
                    ing or repairing (other than emergency repairs) a structure until the appraisal process de-
                    scribed herein has been completed. Nothing in this section prevents a court of competent
                    jurisdiction from reviewing, de novo, the appraisal upon the petition of the property owner.
                                           (b) Pools:
                                                   (i) Following a natural disaster, Coastal Council shall coordi-
                    nate a post-storm damage assessment with the affected unit of local government. The Coun-
                    cil will develop guidelines pursuant to Section 48-39-270(l 1) for performing damage ap-
                    praisals. The Coastal Council shall make the initial assessment.
                                                   (ii) If an owner disagrees with the appraisal of the Coastal
                    Council, he may obtain an appraisal to evaluate the damage to the pool. An owner who
                    disagrees with the appraisal of the Coastal Council must notify the Coastal Council in writ-
                    ing, within 90 days of receipt of the Coastal Council's determination, that the owner intends
                    to obtain an appraisal. If the two appraisals differ, then the two appraisers must select a third
                    appraiser. If the two appraisers are unable to select a third appraiser, the Clerk of Court of
                    the county where the pool lies must make the selection. All third appraisers must be regis-
                    tered, professional engineers and the cost of the third appraisal will be equally divided be-
                    tween the Coastal Council and the property owner. In no event may the property owner
                    begin rebuilding or repairing a pool (other than emergency repairs) until the appraisal process
                    described herein has been completed. Nothing in this section prevents a court of competent
                    jurisdiction from reviewing, de novo, the appraisal upon the petition of the property owner.
                                           (c) Seawalls and Bulkheads: In determining whether a seawall or
                    bulkhead as defined in Section 48-39-270(l)(a) and (b) is destroyed more than eighty percent
                    above grade through June 30, 1995, more than sixty-six and two thirds percent above grade
                    from July 1, 1995, through June 30, 2005, and more than fifty percent above grade after June
                    30, 2005, the damage assessment shall be accomplished as follows:
                                           Damage to seawalls and bulkheads will be judged on the percent of the
                    structure remaining intact at the time of damage assessment. The portion of the structure or
                    device above grade pamllel to the shoreline must be evaluated. The length of the structure or
                    device parallel to the shoreline still intact must be compared to the length of the structure or
                    device parallel to the shoreline which has been destroyed. The length of the structure or
                    device parallel to the shoreline determined to be destroyed divided by the total length of the
                    original structure or device pamllel to the shoreline yields the percent destroyed. Those
                    portions of the structure or device standing, cracked or broken piles, whalers, and panels
                    must be assessed on an individual basis to ascertain if these components are repairable or if
                    replacement is required.
                                           If the property owner disagrees with the assessment of a registered
                    professional engineer acting on behalf of the Coastal Council, he may obtain an assessment
                    by a registered professional engineer to evaluate, in the same manner set forth herein, the
                    damage to the structure or device. An owner who disagrees with the assessment of the
                    Coastal Council must notify the Coastal Council in writing, within 90 days of receipt of the
                    Coastal Council's detennination, that he intends to obtain an independent assessment. If the
                    two assessments differ, then the two engineers who performed the assessment must select a
                    registered professional engineer to perform the third assessment. If the first two engineers
                    are unable to select an engineer to perform the third assessment, the Clerk of Court of the
                    county where the structure or device lies must make the selection of a registered professional
                    engineer. The cost of the third engineer will be equally divided between the Coastal Council


                                                                                                                     35








               and the property owner. The determination of the percentage of damage by the third engineer
               is conclusive. In no event may the property owner begin rebuilding or repairing a seawall or
               bulkhead until the appraisal process described herein has been completed. The determination
               of the degree of destruction must be made on a lot by lot basis by reference to county tax
               maps.
                                      (d) Revetments: Revetments must be judged on the extent of displace-
               ment of the stone, the effort to return these stones to the pre-storm event configuration of the
               structure or device, and the ability of the revetment to retain backfill material at the time of the
               damage assessment. If the property owner disagrees with the assessment of a registered
               professional engineer acting on behalf of the Coastal Council, he may obtain an assessment by
               a different registered professional engineer to evaluate, as set forth in this item, the damage to
               the structure or device. An owner who disagrees with the appraisal of the Coastal Council
               must notify the Coastal Council in writing, within 90 days of receipt of the Coastal Council's
               determination, that the owner intends to obtain an appraisal. If the two assessments differ,
               then the two engineers who performed the assessment must select a registered professional
               engineer to perform the third assessment. If the first two engineers are unable to select an
               engineer to perform the third assessment, the Clerk of Court of the county where the structure
               or device lies must make the selection of a registered professional engineer. The cost of the
               third engineer will be equally divided between the Coastal Council and the property owner.
               The determination of the percentage of damage by the third engineer is conclusive. In no
               event may the property owner begin rebuilding or repairing a structure until the appraisal
               process described herein has been completed. Tle determination of the degree of destruction
               must be made on a lot by lot basis by reference to county tax maps.
                      E. Procedures for Adopting Baselines and Erosion Rates (Section 48-39-280).
                              (1) Following the establishment of the interim baselines, erosion rates, and
               setback lines pursuant to Section 48-39-280(C) and any amendments or revisions thereto, the
               Coastal Council will adopt final baselines, erosion rates, and setback lines as part of the state
               comprehensive beach management plan pursuant to Section 48-39-280. The following proce-
               dure will be used for the establishment of final baselines, erosion rates, and setback lines:
                                      (a) The proposed baseline, erosion rate, and setback line for a region,
               island or part thereof, or other geographic area of South Carolina's ocean shoreline shall be
               made available to the public for inspection at each of the Coastal Council's offices;
                                      (b) The Coastal Council shall afford the public a thirty-day comment
               period;
                                      (c) The Coastal Council shall afford the opportunity for a public hear-
               ing.
                              (2) 71be Coastal Council shall, following the consideration of all public com-
               ments, adopt in final form the baselines, erosion rates, and setback lines and shall include such
               information in the state plan.
                      F. Procedures for Appealing Baselines and Erosion Rates [Section 48-39-280(E)].
                              (1) Any coastal riparian landowner adversely affected who feels that the set-
               back line, baseline or erosion rate as adopted by the Coastal Council is in error, upon submit-
               tal of substantiating evidence, shall be granted a review of the setback line, baseline, erosion
               rate, or a review of all three. The Permitting Committee of the Coastal Council shall hear all
               such requests for review.
                              (2) The landowner may appeal the decision of the Permitting Committee
               according to the general provisions of R.30-6. However, no intervenors are allowed to join


               36








                   the appeal and no public notice is required for appeals under this section.
                           G. Procedure for Movement of Baseline After Renourishment.
                                   (1) Coastal Council must receive a petition from the local government; or the
                   landowners with notice to the local government, before the baseline can be moved pursuant
                   to Section 48-39-280(A)(4). The petition cannot be submitted until the permitted beach
                   nourishment project, which must have a minimum five-year design life, has been completed.
                   The local government must certify to the Coastal Council that the proposal to move the
                   baseline is consistent with the objectives and policies of its local comprehensive beachfront
                   management plan.
                                   (2) Petitioner must demonstrate an ongoing commitment to fund a future re-
                   nourishment project with the same or greater design life than the original project using an
                   acceptable funding option.
                                   (3) The Petitioner must prove that it possesses or has obtained all necessary
                   legal authority to perform the nourishment project in the future, excluding environmental
                   regulatory permits.
                                   (4) Petitioner must submit survey data in the following format to demonstrate
                   the beach has been stabilized by the nourishment project:
                                           (a) A minimum of three sets of survey data from the stations (monu-
                   ments) designated in the project permit must
                   be submitted. This will include all stations within the construction limits (maximum allow-
                   able profile spacing is 1,000 feet) and stations within 2,000 feet of each end of the project.
                   These surveys will be taken at three month intervals, beginning at the time of project con-
                   struction completion.
                                           (b) Semi-annual surveys of the project beach during years two and
                   three after project construction must be performed and submitted to Council to document
                   beach stability.
                                   (5) Coastal Council will evaluate the survey data to determine beach stability.
                   Stability is defined in (10) below. If the beach has not stabilized in the first six months
                   following construction, additional subsequent surveys will be evaluated to determine stabil-
                   ity.
                                   (6) The project must be constructed according to the permit design at an
                   elevation which will maintain a dry sand beach. The maintenance of the dry sand beach will
                   be evaluated in the same manner as stability, using the survey data.
                                   (7) The Petitioner must show an ongoing financial commitment to renourish-
                   ment which will stabilize and maintain the dry sand beach at an stages of the tide for the
                   foreseeable future. The Council defines foreseeable future as at least ten years from the date
                   the original project achieved stability.
                                   (8) The Coastal Council will move the baseline when all of the above criteria
                   have been met. The new baseline will be located on the landward edge of the existing ero-
                   sion control device or at a position determined by Coastal Council using the method de-
                   scribed in Section 48-39-280(A)(1).
                                   (9) No new construction may occur in the area between the former baseline
                   and the new baseline for three years after the initial beach nourishment project has been
                   completed. The project is "completed" when it has stabilized in the manner described in (10)
                   below. Reconstruction of habitable structures and pools is not considered new construction
                   for purposes of this section. Additions are considered new construction.
                                   (10) The following definition will be used by Coastal Council to define



                                                                                                                      37







              "stability": A renourished beach is stabilized when field observations and quarterly surveys
              of the project beach, conducted for a minimum of six months following construction comple-
              tion, demonstrate only normal long-term erosion patterns and losses are affecting the nour-
              ished beach. Council may consider any or all of the following in determining stability:
              profile characteristics and changes (volumetric and contour changes) and sediment analyses.

              R.30-15. ACTIVrrIES ALLOWED SEAWARD OF BASELINE.
                      A. Wooden Walkways:
                             Wooden walkways no larger in width than six feet are the only structures
              allowed seaward of the baseline that do not require a Coastal Council permit.
                      B. Small Wooden Decks:
                             Wooden decks seaward of the baseline require a Coastal Council permit.
              These decks should be no larger than one hundred and forty-four square feet.
                      C. Fishing Piers:
                             (1) New fishing piers require a Coastal Council permit and must be open to
              the public. See R.30-13(R).
                             (2) Those fishing piers with their associated structures including, but not
              limited to, bait shops, 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 main-
              tained, and not open to the public on this date may be rebuilt and used for the same purposes
              if they are constructed to the same dimensions. A Coastal Council permit is required.
                      D. Golf Courses:
                             Golf Courses require a Coastal Council pernift pursuant to the criteria set forth
              in R.30-13(Q).
                      E. Normal Landscaping:
                             Normal landscaping requires a Coastal Council permit pursuant to the criteria
              set forth in R.30-13(F).
                      F. Special Permits:
                             The Coastal Council's Permitting Committee is the committee to consider ap-
              plications for special permits.
                             Special permits are to be issued only in situations where without such a
              permit, the property owner would have no reasonable use of his property, or when an over-
              riding public benefit can be demonstrated.
                             When issuing special permits, the Permitting Committee shall consider the
              legislative findings and policies as set forth in Sections 48-39-30, 48-39-250 and 48-39-260.
              Specifically, the following criteria shall serve as guidelines when issuing special permits:
                             (1) The property suffers a singular disadvantage through the operation of this
              Act, which disadvantage does not apply to neighboring properties, and because of this disad-
              vantage, the property owner is unable to make any reasonable use of the affected property.
                             (2) A structure cannot be constructed or reconstructed on a primary
              oceanfront dune or on the active beach, and in the event that the beach erodes so that in the
              future the permitted habitable structure is located on the active beach, the property owner
              agrees to remove the structure at his own expense.
                             (3) The decision to grant a special permit shall not be based purely on eco-
              nomic considerations.



              38








                                   (4) There shall be no adverse impact on the stated policies of the Beachfront
                   Management Act, including the policies protecting the sand dunes and preservation of the dry
                   sand beach.                                  I
                                  ' (5) The granting of a special permit shall not create a situation contrary to the
                   public health, safety or welfare.
                                   (6) In determining whether or not a permit is contrary to the public health,
                   safety or welfare, the Permitting Committee shall consider a) the erosion rate at the site, b)
                   how soon the structure will be located on the active beach, c) whether or not the proposed
                   structure meets American National Standards Institute building standards, and/or d) the
                   potential cumulative effect that similar structures will have upon the beach/dune system.
                                   (7) Necessary components of habitable structures, such as sewer lines, septic
                   tanks and utilities, do not require separate special permits. However, decking, patios, drive-
                   ways, etc., are not considered as necessary components of habitable structures and therefore
                   these items must be shown on the permit application.
                           G. Pools:
                                   Pools may be reconstructed if they are landward of an existing functional
                   erosion control structure or device provided a Coastal Council permit is obtained.

                   R.30-16. DOCUMENTATION REQUIREMENTS BEFORE COMMENCING AC-
                   TP;ITIES BETWEEN SETBACK LINE AND BASELINE.
                           A. Notification Procedure:
                                   (1) Activities requiring written notification to and written response from
                   Coastal Council:
                                           (a) Construction of new habitable structures at least partially seaward
                   of the forty year setback line.
                                           (b) Additions to habitable structures.
                                           (c) Replacement of habitable structures.
                                           (d) Construction of new pools between the baseline and the setback
                   line and landward of an erosion control device which existed June 25, 1990.
                                           (e) Replacement of pools.
                                   (2) Information required:
                                           (a) New habitable structures and additions to habitable structures:
                                                   (i) heated square footage of the proposed habitable structure or
                   proposed addition.
                                                   (ii) plat showing footprint and cross section showing founda-
                   tion of new structure as located on lot. Also, all property lines, setback lines and any parking
                   requirements which may be in effect must be shown. The structure or addition must be
                   located as far landward on the property as practicable as determined by Coastal Council.
                                                   (iii) for additions, the plat must clearly differentiate between
                   the original structure and proposed additions.
                                           (b) Replacement structures:
                                                   (i) heated square footage of original and proposed replacement
                   structure.
                                                   (ii) linear footage along the coast of proposed replacement and
                   original structure.
                                                   (iii) plat showing footprint and cross section showing founda-
                   tion of proposed replacement structure.



                                                                                                                      39







                                   (c) Replacement of destroyed pools will require a plat showing foot-
             Print and cross section of the original and replacement pool.

             R.30-17. APPLICATION PROCEDURES FOR GENERAL PERMITS PURSUANT
             TO SECTION 48-39-290(B)(4).
                     A. General Guidelines:
             information:  Applicants for general permits shall be required to submit the following
                           (1) Completed Coastal Council application form.
                           (2) Proof that the adjacent property owners and the local governmental body
             having jurisdiction over the site have been notified of the proposed activity by certified mail
             through the use of the following notification:
                     (Applicant) has applied to the South Carolina Coastal Council for a General Permit to
             (description of activity) at (address or legal description of property) in (city and county).
             Comments on this application should be mailed to South Carolina Coastal Council at the
             following address: 4130 Faber Place, Suite 300, Charleston, South Carolina 29405, by
             (insert date, fifteen days after date of certified mailing).
                     The applicant must furnish the certified mail stubs to the South Carolina Coastal
             Council at the time of mailing. The General Permit cannot be issued until the fifteen day
             comment period has expired.
                           (3) Proof of publication that the above public notice was placed in a newspa-
             per published in the county where the proposed activity is taking place must be forwarded to
             the Coastal Council office processing the application. General Permits cannot be issued until
             the fifteen day comment period as advertized in the newspaper has expired.
                           (4) A brief description of the proposed work, its purpose and intended use. A
             drawing or plat may be required as well as a description of the method of construction, and
             identification of materials and equipment to be used.
                     Information on activities eligible for General Permits may be obtained from Coastal
             Council.


             R.30-20 BEACH RESTORATION FUND.
                     A. Funding for Projects: Beach restoration projects win follow a cyclical pattern
             that is conditioned by the availability of funds. The Council will make an initial announce-
             ment when applications are to be submitted. The announcement will specify the time of sub-
             mission and the format to be used. There will be at least a 90 day period for receiving appli-
             cations. Projects that are not funded during the initial cycle will be eligible for consideration
             at the next cycle which will start when additional funds become available. Communities Will
             be given the opportunity to update their applications for subsequent cycles to show any
             changed conditions.
                     B. Application Process: Applications for beach nourishment must be submitted to
             the Coastal Council. 'Ibe applications will be reviewed by the staff for completeness and
             eligibility requirements. The applications will then be considered by the Administration and
             Finance Committee of the Coastal Council, where input from the applicant and the public
             will be solicited and considered. In evaluating the project applications the Council will be
             guided by the legislated criteria and guidelines, and, the following consideration:
                           (1) Environmental impact of the project.
                           (2) Public recreational benefit.



             40








                                   (3) Expected useful life of project.
                                   (4) Protection benefit of project.
                                   (5) Extent of support for project.
                           C. Ranking of Projects: The Committee will rank the projects in priority sequence
                   and will make a recommendation to the Council. Council approval of the Committee recom-
                   mendation will establish project priorities and subsequent commitment of funds as funds
                   become available.
                           D. Necessary Permit Application Information: Any eligible local government de-
                   sizing to submit an application for Beach Restoration Funds should submit a completed
                   permit application to the South Carolina Coastal Council. The following information should
                   be submitted on or attached to the permit application form.
                                   (1) The name, address, and telephone number of the local government mak-
                   ing the application and the name and telephone number of the designated liaison agent.
                                   (2) The name, address, and telephone number of the project consulting
                   engineer or other agent.
                                   (3) A resolution adopted by the applicant's governing body approving the
                   submittal of an application for beach restoration funds, and committing to the local funding
                   requirements necessary to complete the project.
                                   (4) The Chief Executive Officer of the governing body should sign the appli-
                   cation.
                                   (5) A narrative description of the project to include:
                                           (a) Project limits.
                                           (b) Quantity of fill.
                                           (c) Borrow sites.
                                           (d) Expected design life of project.
                                           (e) Project construction duration and time of year.
                                           (f) Estimated first cost and annual maintenance costs.
                                           (g) A statement as to the source and availability of all local, state, and
                   federal funds for the project.
                                           (h) Benefits to be realized by the project.
                                           (i) Environmental impacts.
                                           0) Public access to renourished area.
                                   (6) Map or maps showing:
                                           (a) Project site plan and borrow area locations.
                                           (b) Upland ownership of property, indicating federal, state, local, or
                   private ownership.
                                           (c) Public access points.
                                           (d) Public parking areas.
                                           (e) Private parking areas.
                                           (f) Baseline and setback hne(s).
                                   (7) Any engineering studies that have been completed concerning the project,
                   and plans for post-project monitoring.
                                   (8) Approved beach restoration plan for the community which includes an
                   analysis of beach erosion control alternatives.
                           E. Minimum Regulatory Requirements: All applications will be evaluated to de-
                   termine if the project meets the minimum regulatory requirements and then ranked on a
                   relative basis according to the five considerations listed in 20.F. The minimum regulatory re-


                                                                                                                      41








              quirements are:
                            (1) Prior to July 1, 199 1:
                                   (a) A state-appz-oved shorefront management plan or a state-approved
              local nourishment plan, and
                                   (b) A state and locally approved beach access plan with an implemen-
              tation schedule. Ile plan must include an inventory of current access and parking, an analy-
              sis of current and future demand, and a strategy for enhancing public access and parking, and
                                   (c) A complete application.
                            (2) After July 1, 199 1:
                                   (a) A state approved beach management plan developed in accordance
              with Section 48-39-350 of the South Carolina Coastal Zone Management Act, as amended,
              and
                                   (b) A complete application.
                     F. Project Evaluation Considerations: If the project meets the minimum regula-
              tion requirements, the project is then evaluated and ranked using the following considera-
              tions:
                            (1) Environmental impact of project.
                            (2) Public recreational benefit.
                            (3) Expected useful life of project.
                            (4) Protection benefit of project.
                            (5) Extent of support for project.
                    G. Administration of the Project: The execution and administration of the project
              will be coordinated by the Coastal Council according to regulations of the State Budget and
              Control Board regarding procurement of architectural/engineering services and for construc-
              tion of permanent improvements projects.


























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