South Carolina Coastal Critical-Area Permits (SC Code 48-39)

Under S.C. Code Section 48-39-130(A), no one may use a critical area for a new purpose without first obtaining a permit from the state. Critical areas are coastal waters, tidelands, beaches, and the beach/dune system from the mean high-water mark to the setback line set under Section 48-39-280. The SC Department of Environmental Services, through its Office of Ocean and Coastal Resource Management, is the sole state permitting authority in the eight coastal counties: Beaufort, Berkeley, Charleston, Colleton, Dorchester, Georgetown, Horry, and Jasper. Narrow exemptions in 48-39-130(D) cover emergency sandbagging, fishing, and permitted maintenance dredging.

Section 48-39-170(A): a misdemeanor punishable by up to six months imprisonment or a $5,000 fine for a first offense, rising to one year or $10,000 for repeat offenses. Subsection (C) adds a civil penalty of $100 to $1,000 per day of violation.