Coastal Tideland and Wetlands Permit Application, the official text

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A116, R124, H3931)

AN ACT TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 48-39-150, RELATING TO APPROVAL OR DENIAL OF PERMITS, SO AS TO ESTABLISH TIMELINES FOR THE DEPARTMENT TO TAKE ACTION ON A PERMIT APPLICATION; BY AMENDING SECTION 48-39-80, RELATING TO THE DEVELOPMENT OF A COASTAL MANAGEMENT PROGRAM, SO AS TO DEEM A COASTAL ZONE CONSISTENCY CERTIFICATION APPROVED IF, FOR ALL OTHER STATE PERMITS, CERTIFICATION REVIEW IS NOT COMPLETED WITHIN NINETY DAYS OF THE PUBLIC COMMENT CLOSING; BY ADDING SECTION 48-6-35 SO AS TO PERMIT THE DEPARTMENT OF ENVIRONMENTAL SERVICES TO HIRE THIRD-PARTY, INDEPENDENT ENGINEERS TO ASSIST THE DEPARTMENT WITH ITS DUTIES AND TO REQUIRE THE DEPARTMENT TO ESTABLISH REGULATIONS FOR CONTRACTOR QUALIFICATIONS TO BID ON THE DEPARTMENT'S WORK; AND BY REPEALING A PORTION OF SECTION 48-39-130 AS OF SEPTEMBER 30, 2032, AND TO ESTABLISH REQUIREMENTS FOR CERTAIN MAINTENANCE DREDGING AFTER THAT DATE.

Be it enacted by the General Assembly of the State of South Carolina:

Department deadlines for permit applications

SECTION 1. Section 48-39-150(C) of the S.C. Code is amended to read:

(C) The department shall act upon an application for a permit within ninety days after the request is determined by the department to be administratively and technically complete. Provided, however, that in the case of minor developments, as defined in Section 48-39-10, the department shall have the authority to approve such permits and shall act within thirty days after the request is determined by the department to be administratively and technically complete. If the department requests additional technical information from the applicant, that request must be made within fifteen days after the conclusion of the public notice period. If a department request for additional technical information is not made within fifteen days after the conclusion of the public notice period, the application shall be considered complete and a decision must be rendered within the time frames prescribed above. In the event a permit is denied the department shall state the reasons for such denial and such reasons must be in accordance with the provisions of this chapter.

Certification review and approval

SECTION 2. Section 48-39-80(B)(11) of the S.C. Code is amended to read:

(11) Develop a system whereby the department shall have the authority to review all state and federal permit applications in the coastal zone, and to certify that these do not contravene the management plan. For individual navigable waters permits for docks located in the eight coastal counties but outside of critical areas, a coastal zone consistency certification is deemed approved if certification review is not completed within thirty days of an administratively complete application. For all other state permits, a coastal zone consistency certification is deemed approved if certification review is not completed within ninety days of the public comment period closing.

Engineers and contractors

SECTION 3. Chapter 6, Title 48 of the S.C. Code is amended by adding:

Section 48-6-35. (A) The Department of Environmental Services may hire one or more third-party, independent engineers to assist the department in its duties.

(B) The department must establish such reasonable regulations with respect to the qualifications of contractors allowed to bid on work of the department. Such regulations may fix eligibility requirements for bidders according to available capital and with due regard to experience and records of past performance.

Prospective repeal

SECTION 4. Section 48-39-130(D)(10) of the S.C. Code is repealed on September 30, 2032. Any maintenance dredging occurring after September 30, 2032, in areas that were dredged pursuant to Section 48-39-130(D)(10) must be performed pursuant to the provisions contained in Chapter 39, Title 48 and the maintenance dredging regulations promulgated pursuant to this act.

Time effective

SECTION 5. This act takes effect upon approval by the Governor.

Ratified the 1st day of April, 2026.

Approved the 6th day of April, 2026.

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