South Carolina's Coastal Tidelands and Wetlands Act gives DHEC OCRM exclusive authority over critical areas in the eight coastal counties. State permits preempt local zoning for activities below the high water mark.
Under SC Code Title 48, Chapter 39, all activities in coastal critical areas (tidelands, marshes, beaches, primary oceanfront sand dunes, and navigable waters) within the eight coastal counties require a permit from the SC Department of Health and Environmental Control Office of Ocean and Coastal Resource Management. The Beachfront Management Act establishes baseline and setback lines that limit construction seaward of dynamic dunes. Local jurisdictions may impose additional requirements landward of the baseline but cannot authorize uses prohibited by state law in critical areas.
Unpermitted activity in critical areas is subject to civil penalties up to $1,000 per day per violation under SC Code 48-39-170, mandatory restoration, and criminal misdemeanor charges for willful violations.
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See how Summerville's coastal development rules stack up against other locations.
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