S.C. Code Regs. 30-13 - Specific Project Standards for Beaches and the Beach/Dune System
A. Normal Maintenance and Repair of Habitable
Structures: Normal maintenance and repair of habitable structures is allowed
without notice to the Department. See R.30-5(A)(10)
and R.30-1(D)(33).
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
Department that construction meets the following requirements:
(1) The structure is located as far landward
on the property as practicable.
(2)
That portion(s) of the habitable structure seaward of the setback line is no
larger than five thousand square feet of heated space.
(3) A drawing has been submitted to the
Department 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 or
on the active beach.
(6) When
required, all mitigation meets the standards of the Mitigation Policy adopted
as part of the State Beachfront Management Plan.
C. Additions to Habitable Structures:
Additions located wholly or partially in the setback area 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 seaward of the setback line.
(2) Additions to habitable structures comply
with the conditions of new habitable structures as set forth in
R.30-13(B).
(3) The additions must
be located no farther seaward than the existing structure, i.e. must be
landward or upward of the existing structure. The linear footage of the
structure, parallel to the coast, cannot be increased.
(4) Additions constructed totally landward of
the setback area do not require any notice to the Department.
D. Repair and Renovation of
Habitable Structures: Repair and renovation of a habitable structure located
wholly or partially in the setback area damaged but not destroyed beyond
repair, due to natural or man-made causes is allowed after notice and written
documentation to the Department.
E.
Replacement or Rebuilding of Habitable Structures: A habitable structure
located wholly or partially in the setback area which has been destroyed beyond
repair due to natural causes may be replaced or rebuilt provided all of the
following requirements are met:
(1) 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.
(2) The linear
footage of the replaced structure parallel to the coast does not exceed the
original linear footage parallel to the coast.
(3) The replaced structure is no farther
seaward than the original structure.
(4) 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.
(5) The reconstruction is not seaward of the
baseline unless permitted elsewhere in Section
48-39-250
through
48-39-360.
(6) 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.
F. Landscaping, Earthmoving and Fill for
Landscaping: Seaward of the setback line, 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 the Department.
(2) The 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 the Department
staff;
(6) Adequate measures shall
be taken to contain fill and irrigation runoff;
(7) Construction shall not alter or impact
existing primary oceanfront sand dunes;
(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 allowed provided all of the following requirements are met:
(1) Construction shall not alter or impact
existing sand dunes, dune vegetation, or the beach;
(2) New sidewalks may not exceed six feet in
width. New residential or private sidewalks must be constructed of wood.
Existing concrete sidewalks attendant to public streets may be replaced 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
receptacles;
(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,
Small Wooden 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 or
other approved material.
(d) Be
located at least one-half mile from any other vehicle access to the beach
unless, after review by the Department, this provision is determined to be
unreasonable 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) Small wooden decks are allowed provided
the following criteria are met;
(a) Be
constructed of wood.
(b) Roofs will
be allowed.
(c) Not exceed one
hundred forty-four square feet inclusive of an associated walkway (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 Department;
(e) These structures may not be constructed
on the active beach or over primary oceanfront sand dunes, and if they ever
become situated on the active beach they must be removed.
(f) These structures may be attached to the
habitable structure provided they are not made an integral part of the
habitable structure.
(g) These
structures may not be enclosed or screened.
I. The Construction and/or Repair of Drives
and Parking Lots. Within the setback area, the construction and/or repair of
drives and parking lots 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 may
only be expanded on the landward side;
(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
allowed;
(5) At the Department's
discretion, a Stormwater Management Plan may be required;
(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
completion the disturbed areas shall be stabilized as soon as possible with
grass or other appropriate 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 to preconstruction
conditions;
(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 Department.
K. Drainage Structures. Within the
setback area 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 the Department 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 Department 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 Department 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 Department's satisfaction.
L. Sand Fences, Minor Beach Renourishment,
Dune Revegetation. In an effort to provide beachfront property owners with
passive, low-cost dune stabilization methods, the placement, maintenance and
repair, and replacement of sand fencing, 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 processes affecting the beach/dune system.
(1) Sand fencing requirements:
(a) The fence material shall be
biodegradable.
(b) The fences shall
be installed according to plans established by the Department staff.
(c) The fences shall be installed in a manner
so as not to impede turtle nesting. The Department may require sand fences be
moved or removed entirely if the fences are found to impact turtle nesting
activities or, in the Department'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 the
Department 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 Department
determines that the fence has a detrimental impact to the beach/dune system, it
shall be removed by the owner as directed by the Department.
(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 panicum (Panicum amarum), and sea oats (Uniola
paniculata).
(a) Vegetation may be planted any
time during the year and shall be planted, irrigated and fertilized according
to nursery instructions or the Department's "How to Build a Dune"
booklet.
(b) The Department 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 the Department staff.
(b) Minor renourishment shall be performed
between November 1 and May 15.
(c)
The Department 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 ordinances.
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 requirements are met:
(1) A description of the proposed work shall
be submitted to and approved in writing by the Department prior to any
initiation of work;
(2) Work is
pursuant to R.30-13(L)(3).
N. Erosion Control.
(1) Jetties and offshore breakwaters
interfere with the natural transport of sediment and therefore require special
permits. They shall only be permitted after thorough analysis of the project
demonstrates that there will be no negative effect on adjacent areas. The
following standards shall apply:
(a) A bond
may be required to ensure that necessary remedial steps are taken to alleviate
any adverse effects on adjacent areas caused by the installation of these
structures. These remedial steps may include redesign and reconfiguration of
the structures or even complete removal.
(b) A monitoring plan to assess post-project
impact on adjacent areas must be approved by the Department prior to the
issuance of a permit.
(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.
(d) Where feasible,
jetties shall be designed to provide public recreational fishing
opportunities.
(e) The applicant
must have written approval from the local government which has jurisdiction in
the area where the project is proposed.
(2) Protection of Beaches and Artificial
Beach Nourishment: The following requirements apply to the Department's
consideration of projects for the renourishment 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 spawning 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 activities of sea birds, sea
turtles, or other wildlife species;
(d) All policies concerning dredging and
filling cited at R.30-12(G)shall
be applied to beach nourishment proposals;
(3) 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 as such 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, 1990, 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) and
(d) for damage assessment.]
O. Sand Dune
Management.
(1) Walkways over dunes, as
provided in Section
48-39-130(D),
shall meet the following requirements:
(a) All
components must be constructed of wood;
(b) Have a maximum width of six
feet;
(c) Conform with the contour
of the dunes with a 2 foot vertical clearance between the surface of the dune
and top of the walkway;
(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 Department.
(h)
Be shore perpendicular, except as necessary for handicapped access.
(2) Projects to protect, restore,
or build dunes shall conform to the following standards:
(a) The use of natural beach vegetation to
trap wind blown sand is encouraged. Where pedestrian traffic has destroyed
natural vegetation, the use of temporary sand fencing or its equivalent may be
permitted.
(b) 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.
(c) Artificial dunes shall not be constructed
seaward of the normal spring high-tide line.
(d) 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 constructed 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. The use of sandbags is allowed as temporary
protection for golf courses located seaward of the baseline if the golf course
existed prior to May 24, 1991 and if the emergency condition conforms with the
definition of emergency in Section
48-39-10(U),
in accordance with R.30-15.H(1). Sand scraping or renourishment may be used as
temporary protection for golf courses in accordance with R.30-15.H(4) and
(5).
(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 minimize 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 landward trough of the dune;
(iii) certain types of vegetation that would
discourage pedestrian traffic, or;
(iv) any other measures the Department may
deem necessary.
R. 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 to the construction of new piers or the alteration of
existing piers are as follows:
(a) New piers
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 or over the active beach.
(c) The height of the pier stringers and
spacing of the piles must be able to accommodate vehicular traffic associated
with emergency operations and renourishment projects.
Notes
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No prior version found.