Can my city allow me to build on a tidal marsh?

No. Critical area permits are issued exclusively by DHEC OCRM, and local approvals cannot authorize activity that the state has not permitted.

What counts as the coastal critical area?

Tidelands, coastal waters, navigable waterways, beaches, and primary oceanfront sand dunes. Activities like docks, bulkheads, fill, and beach structures all require state permits.

Does the Beachfront Management Act limit my house rebuild?

Possibly. Structures seaward of the baseline face strict reconstruction limits after damage. OCRM determines what may be rebuilt or relocated.

South Carolina Coastal Development (2026)

Key Facts

Governing statute: SC Code Title 48-39
Coastal counties: Eight (Beaufort to Horry)
Regulator: DHEC OCRM
Maximum penalty: $1,000 per day
Setback rule: Beachfront Management Act

Source: South Carolina Legislature

Full Breakdown

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.

Violations & Penalties

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.

South Carolina Coastal Zone Critical Area Permits

Key Facts

Full Breakdown

Violations & Penalties

Frequently Asked Questions

Sources

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