S.C. Code Regs. 19-450.3 - Exemptions
A. No permit is
required by the Department for any activity or construction on private
highlands above the mean high water line or ordinary high water mark which does
not affect directly and significantly any navigable water or water or land
subject to a public navigational servitude.
B. No permit is required by the Department
for any activity subject to the exclusive permitting authority of the
Department under Section
48-39-140
et. seq. and the applicable regulations thereunder.
C. No permit is required by the Department
for any normal and otherwise lawful use of the navigable waters of the state
which does not involve construction, filling, dredging or alteration activity
in navigable waters, or any activity significantly affecting the flow of
navigable waters.
D. No permit is
required for any state or federal navigational markers.
E. No permit is required for the normal
maintenance and repair of any existing permitted structure, or any structure
completed prior to the adoption of the Construction in Navigable Waters
permitting regulation on December 31, 1976 that is currently serviceable,
intact and has been maintained in good working order since that date, provided
that the normal maintenance and repairs on these structures does not alter
significantly the dimensions nor change the purpose, scope or use of the
structure nor do the repairs and maintenance activities create a hazard to
navigation nor otherwise adversely affect the navigable waters of the state,
water quality or wildlife. Any activity that is intended to restore a water
control structure involving impoundment that has not been continually
maintained and is not currently serviceable and intact and is now in disrepair
and disuse shall require a permit.
F. Any activity undertaken prior to the
commencement of the Construction in Navigable Waters permitting program under
regulation 19-450 promulgated on December 31, 1976, which involves a structure
which has been continually maintained in good working order since than and is
intact and functional on the effective date of this regulation, and which
subsequently does not adversely affect water quality, navigability, or other
natural resource conditions existing on the effective date shall be exempt from
the permitting process, provided, however, that the Department may require the
owner or other person responsible for the structure to report the existence and
condition of the structure.
G. No
permit is required for any activity which requires another Department permit or
certification, including but not limited to 401 Water Quality Certifications,
water supply permits, National Pollutant Discharge Elimination System permits,
wastewater construction permits, and mining permits. These
permitting/certification areas will be required to coordinate with the
Construction in Navigable Waters Permitting staff to insure the provisions of
this regulation are adhered to.
H.
No permit may be required for the following activities provided that the
applicant or permittee, in all except emergency situations, obtains from the
Department a written exemption from the permitting procedure prior to
commencing work:
1. Any activity on a
permitted structure that does not significantly alter the dimensions, changes
the purpose, scope or use of the structure, or may create a hazard to
navigation or otherwise adversely affect the navigable waters of the state, the
flow of navigable waters, water quality, or wildlife. Any request to perform an
activity which significantly affects the navigable waters of the state, the
flow of navigable waters, water quality, or wildlife shall be processed as an
amendment to the permit under section 450.14. Any activity on an unpermitted
structure, or that is intended to restore a water control structure involving
impoundment that has not been continually maintained and is not currently
serviceable and intact and is now in disrepair and disuse, shall require a
permit.
2. Any emergency
construction when the construction is ordered by a duly constituted official of
county, municipality or the state acting to protect the public safety from a
sudden and unanticipated threat to the health or public safety. The Department
must be notified promptly by telephone and not later than seventy-two hours
after construction has commenced, and within thirty days of the commencement of
construction, written application must be made to the Department for permission
or a permit for the activity undertaken under emergency conditions.
3. Any emergency repair or replacement of a
recently damaged permitted structure, or any structure completed prior to the
adoption of the Construction in Navigable Waters permitting regulation on
December 31, 1976 provided that it has been continually maintained in an intact
and currently serviceable condition and that the repairs are essential to
prevent property damage from sudden and unanticipated events which make it
impossible to notify the Department prior to undertaking the activity,
providing that the Department must be notified not later than seventy-two hours
after construction has commenced, and written application made within thirty
(30) days for permission or a permit for the activity undertaken under
emergency conditions.
4. Any
installation of utility lines to be attached to an existing permitted structure
provided that the utility lines do not alter or reduce significantly the
vertical or horizontal clearance provided by the structure.
5. Any drilling for soil borings for
construction foundation testing.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.