S.C. Code Regs. 30-4 - Decisions on a Permit
A. Permit Approval:
(1) The Department is allowed, under, Section
48-39-150(B)
to issue a conditional permit approval. Under this provision, the Department
may direct the applicant to amend his proposal to take specific measures
necessary to protect the public interest. The Department, at its discretion,
may seek additional public comment on major modifications to a permit
application.
(2) If the Department
has approved an application, Section
48-39-150(B)
also allows the Department, at its discretion, to support the applicant in a
Federal permitting process for the same activity.
B. Permit Denial: A Permit denial shall cite
facts upon which the denial was based and the reasons for denial.
C. Action Upon a Permit: The Department
according to Section
48-39-150.C
shall act upon an application for a permit within ninety days. This ninety-day
period shall begin when the application is administratively complete and filed
in approved form. The file is administratively complete when all required
information, including fees, newspaper notices, proof of ownership and
certifications have been received. Exceptions of the 90-day deadline are
applications for minor development activities on which action must be taken in
thirty days. Permits are deemed issued after signature by applicant and
appropriate OCRM staff. See R.61-30 for further descriptions of the
administrative processes governing action on a permit.
D. Completion of Work: Section
48-39-150(F)
requires a permit holder to complete work
within five years from the date of permit issuance. The Department may extend
this five-year period upon showing of good cause indicating that due diligence
toward completion of the work has been made, evidenced by significant work
progress. The permit holder must request an extension in writing prior to the
permit's expiration date. Permits which have expired may not be extended. Work
shall be continuous and expeditious whenever possible.
E. Property Rights Not Affected; No State
Liability; Other Permit Requirements: No permit shall convey, nor be
interpreted to convey, a property right in the land or water in which the
permitted activity is located. No permit shall be construed as alienating
public property for private use or as alienating private property for public
use. In no way shall the State be liable for any damage as a result of the
erection of permitted works. A SCDHEC-OCRM permit in no way relieves the holder
from responsibility for compliance with other applicable Federal, State, or
local permit requirements.
F.
Legally Commenced Use: Section
48-39-130(C)
reads as follows, "Ninety days after the
effective date of this act no person shall fill, remove, dredge, drain or erect
any structure on or in any way alter any critical area without first obtaining
a permit from the Department. Provided, however, that a person who has legally
commenced a use such as those evidenced by a state permit, as issued by the
Budget and Control Board, or a project loan approved by the rural
electrification administration or a local building permit or has received a
United States Corps of Engineers or Coast Guard permit, where applicable, may
continue such use without obtaining a permit. Any person may request the
Department to review any project or activity to determine if he is exempt under
this section from the provisions of this act. The Department shall make such
determinations within forty-five days from the receipt of any such
request."
G. Mitigation Criteria:
(1) The avoidance of tidelands is preferable
to mitigation. The mitigation of tideland impacts is considered only after the
policies, law, and rules and regulations of the Department have been addressed
and the tideland impacts are unavoidable and are allowed by law. Mitigation may
be required for any projects impacting tidelands at the discretion of the
Department.
(2) Mitigation shall
take the form of wetland creation and/or wetland enhancement and restoration.
Wetland creation shall be performed at a ratio of 2:1, wetland created to
wetland altered, for private projects and 1:1, wetland created to wetland
altered, for projects deemed in the public interest. Enhancement and
restoration projects should normally be coupled with some wetland creation and
must clearly be an improvement ecologically over the existing system. Approved
mitigation work must be performed and completed concurrently with permitted
work unless otherwise authorized by the Department.
H. Amendment to a Permit: An amendment to a
permit can be made without the requirements of a new permit if the proposed
change on the amendment does not significantly increase the size or change the
use of the permitted project. Otherwise, the amendment proposal will require a
fee, a newspaper notice and will be placed on public notice by
DHEC-OCRM.
I. After-the-Fact
Permits: The staff does not have authority to consider an after-the-fact
application unless:
(1) All fines are paid
before application;
(2) The permit
would legitimize an activity that in the opinion of the Department appears to
be a routine permitting matter that would meet all rules and
regulations;
(3) Any portion of the
activity or structure that is in violation of the Act or rules and regulations
is corrected prior to the application;
(4) An after-the-fact application can not be
made until conclusion of the administrative appeal, if taken.
Notes
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No prior version found.