S.C. Code Regs. 19-450.12 - Unpermitted Activity; Review of Previously Permitted Activity
A. Any activity
undertaken after the commencement of the Construction in Navigable Waters
permitting program under regulation 19-450 promulgated on December 31, 1976 for
which a permit is required but was not obtained is in violation of these
regulations. Such activity may be permitted providing that it is consistent
with these regulations, and the applicant promptly complies with the permitting
process. Unless specifically authorized by the Department, an applicant may not
complete any structure or continue any activity until the permit is
issued.
B. Any person who has
received a Construction in Navigable Waters permit that has an expiration date
shall notify the Department every ten years after the permit was granted and
report the status or condition of the permitted structure or activity, any
repairs or alterations, and any material changes in the navigable waters or
lands of the state. The Department shall review the report, make such
investigation as it deems appropriate, and either renew the permit or revoke or
modify the permit, giving the holder due notice and opportunity to be heard. If
the Department determines that there have been significant changes since the
permit was originally granted, or that a structure that originally was exempt
from the permitting process adversely affected water quality, navigability, or
natural resources or other conditions as they existed on or about the effective
date of this regulation, it may require the applicant to comply with the
provisions of Reg. 450.5 through 450.11.
Notes
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