S.C. Code Regs. 30-1 - Statement of Policy
A. South
Carolina Coastal Zone Management Act.
(1) The
South Carolina Coastal Zone 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. The
South Carolina Coastal Zone Management Act was amended by Act 181 of 1993 which
merged South Carolina Coastal Council with the South Carolina Department of
Health and Environmental Control. South Carolina Coastal Council became the
Office of Ocean and Coastal Resource Management (OCRM).
(2) Through the efforts of an overall coastal
zone management program and permitting process, the Department seeks to guide
the wise preservation and utilization of coastal resources. These rules and
regulations are intended to:
(a) aid
developers and others in taking advantage of state-of-the-art techniques in
developing projects compatible with the natural environment;
(b) insure consistent permit evaluations by
the Department; and
(c) serve as a
stimulus for implementation of better and more consistent management efforts
for the coastal zone.
(3) These regulations are the Department
statements of general public applicability that implement and prescribe policy
and practice requirements of the Department. They are to be read as part of,
and to be construed with, the policies set forth in the South Carolina Coastal
Management Program.
B.
The Value of Tidelands and Coastal Waters.
(1) The tidelands and coastal waters of the
South Carolina coast are a very dynamic ecosystem and a 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 human activities. Tidelands and coastal
waters are identified as "critical areas" over which the Department has direct
permitting authority.
(2) The
saline marshes are highly productive components of the marine food web of
coastal waters and estuaries. Decaying organic material, called detritus,
serves as the basis of the food web and is the major biological contribution of
the saline marshes. Many commercially and recreationally 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.
(3) Among the
important functions of the salt and brackish marshes is their role in
protecting 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.
(4) 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.
(5) 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 pleasures
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.
(6) These same unique natural resource areas
face increasing land development pressure and negative impacts from human
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 unfavorable results needs to be realized, and analysis made to determine
priorities, evaluate alternatives, anticipate impacts, and suggest the best
methods and designs to carry out wise development of these resources.
C. The Value of Beaches and Dunes.
(1) 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, the
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.
(2) 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
(herein referred to as the Department) 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 destroying this natural legacy for future
generations.
(3) 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 Committee 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 revenue, 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.
(4) 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 scientifically documented fact. Our shoreline is suffering
from its effects today. 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.
(5) There
are three basic approaches to beachfront management:
(a) armor the beach with hard erosion control
devices;
(b) renourish the beach
with sand;
(c) retreat from the
beach.
(6) 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
towards preserving and restoring the beaches of our state. The Department, 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 properties 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 Department 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.
(7) 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.
D. Definitions:
(1) Abandoned Vessels/Structures - Any boat,
barge, dock, pier or other structure/vessel in the critical areas that is no
longer functional for its primary, intended purpose and for which repair or
salvage activity is not actively being pursued.
(2) Active Beach - the area seaward of the
escarpment or the first line of stable natural vegetation, whichever first
occurs, measured from the ocean landward.
(3) Administrative Law Judge - a judge
appointed pursuant to SC Code Ann. Section
1-23-510
(1976) (as amended) who is assigned a particular matter by the Chief
Administrative Law Judge, or if no administrative law judge has been assigned
for a particular matter, the Chief Administrative Law Judge.
(4) 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 Department 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.
(b) Within an unstabilized inlet zone the
baseline must be determined by the Department as the most landward point of
erosion at anytime during the past forty years, unless the best available
scientific and historical data of the inlet 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 Department 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.
(5)
Beach/Dune System - all land from the mean high-water mark of the Atlantic
Ocean landward to the 40 year setback line described in Section
48-39-280.
(6) Best Management Practices - measures to
reduce adverse environmental impacts.
(7) Boat - A vessel or watercraft of any type
or size specifically designed to be self propelled, whether by engine, sail,
paddle, or other means, which is used to travel from place to place by
water.
(8) Boat Storage Structure -
any structure associated with a dock that is used for the purpose of storing a
boat out of the water and may include, but is not limited to, boatlifts,
davits, and any other type of floating vessel platform. A boat storage
structure is not a fixed pierhead, walkway, ramp, or gangway.
(9) Boat Yard - a facility where boats are
repaired.
(10) Bridge:
(a) Non-vehicular - bridges designed for use
by pedestrians, golf carts or other maintenance vehicles, but not cars and
trucks; are not docks; and can have a maximum clear width on the deck surface
of six feet.
(b) Vehicular -
bridges with a clear width on the deck surface of over six feet and designed to
support traffic by cars and trucks.
(11) Coastal Island - an area of high ground
above the critical area delineation that is separated from other high ground
areas by coastal tidelands or waters. An island connected to the mainland or
other island only by a causeway is also considered a coastal island. The
purpose of this definition is to include all islands except those that are
essentially mainland, i.e., those that already have publicly accessible bridges
and/or causeways. The following islands shall not be deemed a coastal island
subject to this section due to their large size and developed nature: Waites
Island in Horry County; Pawleys Island in Georgetown County; Isle of Palms,
Sullivans Island, Folly Island, Kiawah Island, Seabrook Island, Edisto Island,
Johns Island, James Island, Woodville Island, Slann Island and Wadmalaw Island
in Charleston County; Daniel Island in Berkeley County; Edisto Beach in
Colleton County; Harbor Island, Hunting Island, Fripp Island, Hilton Head
Island, St. Helena Island, Port Royal Island, Ladies Island, Spring Island and
Parris Island in Beaufort County.
(12) 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.
(13) Coastal Zone - all coastal waters and
submerged lands seaward to the State's jurisdictional 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.
(14) Coastal Zone Management Appellate Panel
- the appellate body which conducts a quasi-judicial review of decisions from
the Division pursuant to SC Code of Laws, Section
1-23-610
(1993 amend.) and 48-39-150(D) (1993 amend.).
(15) Critical Areas - any of the following:
(1) coastal waters, (2) tidelands, (3) beach/dune systems and (4)
beaches.
(16) Department - the
South Carolina Department of Health and Environmental Control (also referred to
as SCDHEC).
(17) 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. Erosion 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).
(18) Division - the Administrative
Law Judge Division.
(19) Dock - All
docks defined herein refer to structures that provide docking space for ten
boats or less.
(a) Boat Storage Dock - a
floating structure that a vessel is parked on for purposes of out-of-water
storage.
(b) Commercial Dock - a
docking facility used for commercial purposes. A commercial dock is not
necessarily a marina, a boat yard, or a dry storage facility.
(c) Community Dock - any docking facility
that provides access for more than four families, has effective docking space
of no more than 250 linear feet and is not a marina. Effective docking space
means adequate length and water depth to dock a 20-foot boat.
(d) Joint use dock - any private dock
intended for the use of two to four families.
(e) Private Dock - any facility that provides
access for one family, and is not a marina.
(20) Emergency Orders - orders issued in
response to an emergency as defined in Section
48-39-10(U),
by the Department or upon written notification to the Department by an
appointed official of a county or municipality or of the state acting to
protect the public health and safety. With regard to the beach/dune critical
area, only the use of sandbags, sand scraping, renourishment, or a combination
of them, in accordance with R.30-5 and R.30-15.H, is
allowed pursuant to emergency orders.
(21) 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 by general law or acts passed by
the General Assembly, if notice if given in writing to the Department within 72
hours of the onset of the needed repair.
(22) Erosion Control Structures and Beach
Renourishment:
(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 bulkhead to
protect the shoreline or bulkhead from erosion.
(d) Beach Renourishment - 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 and/or provide some level of storm protection.
(23) Feasible (feasibility) - As
used within these rules and regulations (e.g., "unless no feasible alternative
exists"), feasibility is determined by the Department with respect to
individual project proposals. Feasibility in each case is based on the best
available information, including, 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 reasonableness and likelihood of success in
achieving the project goal or purpose. "Feasible alternatives" applies both to
locations or sites and to methods of design or construction, and includes a "no
action" alternative.
(24) 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
the Department 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.
(25) 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.
(26) Groin - a structure
designed to stabilize a beach by trapping littoral drift. Groins are usually
perpendicular to the shore and extend from the shoreline into the water far
enough to accomplish their purpose. Groins are narrow and vary in length from
less than one hundred feet to several hundred feet. Groin fields are a series
of two or more groins which, because of their proximity to each other, have
overlapping areas of influence. Consequently, the entire groin field must be
considered as one system in order to accurately analyze beach response. The
following is a list of the existing groins and groin fields in South Carolina
as of 1991.
LIST OF EXISTING GROINS AND GROIN FIELDS IN SOUTH CAROLINA AS OF 1991
Garden City:
1. Six (6)
groins south of the intersection of Yucca Street and Waccamaw Drive.
2. Two (2) groins south of the intersection
of Dolphin Street and Waccamaw Drive.
Pawleys Island:
3. Twenty-three (23) groins along an area
south of the northern causeway.
4.
One (1) groin at the north end of the Island.
Isle of Palms:
5. One (1) groin at the north end of the
Island along Dewees Inlet.
6. Two
(2) groins at 42nd and 44th Avenues.
Sullivans Island:
7. Six (6) groins adjacent to Breach Inlet.
Folly Beach:
8. Forty-seven (47) groins.
Edisto Island:
9. Thirty-two (32) groins from the State Park
south to Mikell Street.
10. Two (2)
groins at Louise and Bailey Streets, along the South Edisto River.
Hunting Island:
11. One (1) groin at the north end of the
Island.
Fripp Island:
12. One (1) groin at the north end of the
Island.
13. Five (5) groins along
the southern end of the Island.
Hilton Head Island:
14. Seventeen (17) groins in an area adjacent
to Port Royal Sound.
15. Two (2)
groins at the north end of Forest Beach, north of Yucca Drive.
16. Three (3) groins at Braddock Point,
northwest of Merganser Court.
17.
One (1) groin at Land's End, adjacent to Braddock Cove.
(27) 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.
(28) 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 which are stabilized by jetties, terminal groins, or
other structures.
(29)
Jetty - a structure that extends 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 are constructed for the purpose of stabilizing
navigation channels.
(30) Joint
Public Notice - a permit application public notice issued jointly between the
Department and the United States Army Corps of Engineers or other agency and
processed independently by the Department.
(31) Living Shoreline - A shoreline
stabilization approach utilized in intertidal wetland environments that
maintains, restores, and/or enhances natural estuarine processes through the
strategic placement of native vegetation and/or use of green infrastructure as
described in 30-12.Q. Living shorelines promote wetland resiliency and water
quality, and enhance the diverse intertidal habitat.
(32) Major Development Activity - any
construction activity that is not a Minor Development Activity.
(33) Marinas - a marina is any of the
following:
(a) locked harbor
facility;
(b) any facility which
provides fueling, pump-out, maintenance or repair services (regardless of
length);
(c) any facility which has
effective docking space of greater than 250 linear feet or provides moorage for
more than 10 boats;
(d) any water
area with a structure which is used for docking or otherwise mooring vessels
and constructed to provide temporary or permanent docking space for more than
ten boats, such as a mooring field; or
(e) a dry stack facility.
(34) 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.
(35) 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.
(36) Nonwater-dependent -
a facility which cannot demonstrate that dependence on, use of, or access to
coastal waters is essential to the functioning of its primary
activity.
(37) 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
provided 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).
(38) OCRM - the South Carolina Department of
Health and Environmental Control's Office of Ocean and Coastal Resource
Management.
(39) Offshore
Breakwater - a structure which is designed to protect an area from wave action,
is generally built parallel to the shore, may or may not be submerged, and may
be built singly or in series. Breakwaters may interfere with natural wave
action and wave induced currents.
(40) Party - each person or agency named or
admitted as a party or properly seeking and entitled to be admitted as a party,
including a license or permit applicant.
(41) Planned Development - a development plan
which has received local approval for a specified number of dwelling and other
units. The 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.
(42)
Planned Unit Development - a residential, commercial, or industrial
development, or all three, designed as a unit and approved in writing by local
government.
(43) Pool - a structure
designed and used for swimming and wading.
(44) Primary Oceanfront Sand Dunes - those
dunes that constitute the front row of dunes adjacent to the Atlantic Ocean.
For the purposes of establishing the jurisdictional baseline, the dune must
have a minimum height of thirty-six (36) inches, as measured vertically from
the seaward toe to the crest of the dune. The dune must also form a nearly
continuous dune ridge for 500 shore parallel feet and may exhibit minimal
breaks such as those resulting from pedestrian or emergency vehicle access
points. This dune typically exhibits the presence of stable, native vegetation,
and is not scarped, eroded, or overtopped by the highest predicted astronomical
tides. However, this dune may be inundated by storm surge which normally
accompanies major coastal storm events.
(45) 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
project. To the extent that, in the opinion of the Department, 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.
(46)
Setback Area - the area located between the setback line and the
baseline.
(47) 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 Department 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.
(48) Significant Dune - A
dune located completely seaward of the setback line, which because of its size
and/or location is necessary to protect the beach/dune system of which it is a
part.
(49) Special Geographic
Circumstances - physical characteristics and land uses of surrounding uplands
and waters may warrant additional consideration toward dock sizes. Special
Geographic Circumstances identified by OCRM include: tidal ranges of greater
than 6 feet; lots with greater than 500 feet of water frontage; and no
potential access via dockage from the opposite side of the creek. At the
discretion of Department staff, one or more of these circumstances may be
applied to dock applications, which may allow up to an additional fifty percent
(50%) to what is allowed in 30-12.A(2)(c).
(50) 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.
(51) Tidelands - all areas which are at or
below mean high tide and coastal wetlands, 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 wetland 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
Department shall have the authority to designate its approximate geographic
extent.
(52) Transmittal Form - the
official form prepared by the agency with subject matter jurisdiction that is
filed with the division notifying it of a request by any person for a contested
case hearing.
(53) Water-dependent
- a facility which can demonstrate that dependence on, use of, or access to
coastal waters is essential to the functioning of its primary
activity.
(54) Waterfront property
- For purposes of these regulations, waterfront property will generally be
defined as upland sites where a straight-line extension of both, generally
shore perpendicular, upland property lines reaches a navigable watercourse
within 1000' of the marsh critical line. Waterfront property may also be
identified via an approved dock master plan where designated corridors
differing from upland property line extensions are
delineated.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.