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Coastal Zone Consistency

Coastal Zone Consistency
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Coastal Zone Consistency

The South Carolina Coastal Tidelands and Wetlands Act provides SCDES BCM with indirect authority within the eight-county South Carolina Coastal Zone, which includes Beaufort, Berkeley, Charleston, Colleton, Dorchester, Georgetown, Horry, and Jasper counties. SCDES BCM's Coastal Zone Consistency Division reviews certain state and federal permit applications for proposed development activities within the eight coastal counties to ensure consistency with the State's Coastal Zone Management Plan.

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Critical Area Permitting

The Critical Area Permitting Section, within SCDES BCM's Critical Area Permitting Division, reviews proposed alterations to two critical areas, Tidelands and Coastal Waters, to ensure that they are consistent with the applicable laws found in the Coastal Tidelands and Wetlands Act and the Coastal Division Regulations, in addition to the policies of the South Carolina Coastal Management Program. South Carolina's Tidelands are defined as all non-beachfront areas which are at or below mean high tide. Tidelands also include coastal wetlands, marshes, mudflats, and other areas that are periodically inundated by saltwater and are contiguous or adjacent to coastal waters. South Carolina's Coastal Waters are defined as saline, navigable waters of the United States below the mean high-water mark which are subject to the ebb and flood of the tide. Coastal waters include harbors, bays, inlets, rivers, creeks, as well as ocean waters out to 3 nautical miles. Any proposed activity or alteration within the Tidelands or Coastal Waters critical areas must receive a permit from the Department. Activities or alterations are typically divided into 2 main categories:

Minor Development Activity: The construction, maintenance, repair or alteration of any private pier or erosion control structure, the construction which does not involve dredging (e.g. private docks, non-oceanfront erosion control structures, and additions to existing dock structures such as boatlifts, floating docks and pierheads).
Major Development Activity: Any construction activity that is not a minor activity (e.g. bridges, boat ramps, marinas, dredging, community docks, commercial facilities, etc.)

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Critical Area Line:
Critical Area Lines are one type of service request administered by the Critical Area Permitting Division. A Critical Area Line (CAL) is the boundary between the upland and the tidelands and coastal waters critical areas, and any activities seaward of the CAL may require a critical area permit. CALs are determined by SCDES BCM staff upon request and may be valid for up to 5 years from the date the CAL is certified by SCDES BCM staff. A current CAL must be included with all permit applications that involve erosion control structures, living shorelines or docks with walkways that are 900' or greater over the critical area. CALs are also often required by local municipalities for building setback purposes.

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Beachfront Management

The Beachfront Management Section, part of the Critical Area Permitting Division, reviews proposed alterations to the Beaches and Beach/Dune System critical areas to ensure they are consistent with the applicable laws found in the South Carolina Coastal Tidelands and Wetlands Act, Coastal Division Regulations, and the policies of the South Carolina Coastal Management Program. Authorizations from the Beachfront Management section for activities within the Beaches and Beach/Dune System critical areas may come in the form of a Beachfront Notification, Beachfront General Permit, or a Major Beachfront Critical Area Permit, depending on the activity type. In addition to permitting, the Beachfront Management section is involved in beachfront policy and reviewing and re-establishing the state's beachfront jurisdictional lines every seven to ten years.

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Compliance & Enforcement

SCDES BCM's Compliance & Enforcement Division is responsible for ensuring structures and activities within the state's critical areas comply with the South Carolina Coastal Tidelands and Wetlands Act and Coastal Division Regulations. A project is considered to be in violation if the structure or activity exceeds the scope of the issued permit, does not comply with specifications and/or conditions outlined in the permit, is not permitted as required, or is otherwise prohibited by statute. The Compliance & Enforcement Division conducts as-built inspections upon completion of a permitted project to ensure compliance with the permit and also investigates reported violations.

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