S.C. Code Regs. 19-450.1 - Scope of Duties
A. Scope.
Unless expressly exempted, a permit issued by the Department of Health and
Environmental Control is required for any dredging, filling or construction or
alteration activity in, on, or over a navigable water, or in, or on the bed
under navigable waters, or in, or on lands or waters subject to a public
navigational servitude under Article 14 Section 4 of the South Carolina
Constitution and 49-1-10 of the 1976 S.C. Code of Laws including submerged
lands under the navigable waters of the state, or for any activity
significantly affecting the flow of any navigable water.
B. General Duties of the Department of Health
and Environmental Control. For purposes of administering these procedures, the
Department of Health and Environmental Control shall serve as the permitting
agency, responsible for obtaining and evaluating the views of all relevant
agencies and persons, and taking such administrative actions as are appropriate
to advise agencies, applicants and others concerning the procedures. The
Department shall determine whether the permit should be granted or denied or
made subject to any particular condition not provided in these
regulations.
C. General
Responsibilities of Applicant
1. An applicant
who seeks a permit from the Department under these regulations is responsible
for establishing that the proposed activity is consistent with these
regulations, and for providing to the commenting agencies and the Department
the information that may be required to make that determination with reasonable
certainty. Failure to respond or provide requested information may result in
the denial of the permit.
2.
Applicants contemplating major projects are encouraged to contact the
Department prior to submitting a formal application for a permit. The
Department will advise the applicant of the procedures, requirements, and areas
of regulatory concern, and in appropriate cases may convene an interagency
meeting to assist and guide the applicant in the preparation of the permit
application.
Notes
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No prior version found.