South Carolina Statewide Rule

South Carolina Coastal Zone Critical Area Permits

Heavy RestrictionsApplies statewide across South Carolina (2026)

Key Facts

Governing statute: SC Code Title 48, Ch. 39
Coastal counties: Eight (Beaufort to Horry)
Regulator: SCDES Bureau of Coastal Management
First-offense penalty: Up to $5,000 or 6 months
Setback rule: Beachfront Management Act

Last verified: August 21, 2026Source: South Carolina Legislature

Summary

South Carolina's Coastal Tidelands and Wetlands Act gives SCDES (formerly DHEC's OCRM) exclusive permit authority over critical areas in the eight coastal counties. State critical-area permits control activities below the high-water mark, ahead of local zoning.

(B) To implement the beach preservation policy provided for in subsection (A), a setback line must be established landward of the baseline a distance which is forty times the average annual erosion rate or not less than twenty feet from the baseline for each erosion zone based upon the best historical and scientific data adopted by the department as a part of the State Comprehensive Beach Management Plan.

Source: South Carolina LegislatureView official code

Full Breakdown

Under SC Code Title 48, Chapter 39, activities in coastal critical areas (tidelands, marshes, beaches, primary oceanfront dunes, and navigable waters) within the eight coastal counties require a critical-area permit from the SC Department of Environmental Services Bureau of Coastal Management, formerly DHEC's Office of Ocean and Coastal Resource Management. The Beachfront Management Act sets baseline and setback lines limiting construction seaward of the dunes. Local governments may add requirements landward of the baseline but cannot authorize uses the state prohibits in critical areas.

Violations & Penalties

A violation of the Coastal Tidelands and Wetlands Act is punishable under § 48-39-170 by up to $5,000 and/or six months' imprisonment for a first offense, plus mandatory restoration; subsequent offenses carry longer jail terms.

Frequently Asked Questions

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

No. Critical-area permits are issued exclusively by SCDES Bureau of Coastal Management (formerly DHEC OCRM), and local approvals cannot authorize activity the state has not permitted.

What counts as the coastal critical area?

Tidelands, coastal waters, navigable waterways, beaches, and primary oceanfront sand dunes. Docks, bulkheads, fill, and beach structures all require a state critical-area permit.

Does the Beachfront Management Act limit my house rebuild?

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

Sources

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