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S 0139 - Prohibits local governments from moving the baseline seaward after a beach renourishment project

Tracking Level: Passed
Sponsor: Raymond E. Cleary III
Last Action: 6/9/2016 - Act No. 197
Senate Committee:
Assigned To:
General GovernanceNext Bill

Staff Analysis of the Legislation

05.19.2016 The House Judiciary Committee gave this bill a favorable report.
05.17.2016 The House Judiciary General and Family Laws subcommittee gave this bill a favorable report.
04.23.2015 The Senate Agriculture and Natural Resources Committee recommitted this bill to the subcommittee.
04.01.2015 The Senate Agricultural and Natural Resources Environmental subcommittee gave this bill a favorable report.
01.29.2015 The Senate Agriculture and Natural Resources Environmental subcommittee gave this bill a favorable report as amended. The amendment clarifies technical language regarding golf course repair options.
Summary of the bill as introduced: Prohibits seaward movement of the baseline after July 1, 2015, and eliminates the right of local governments and landowners to petition the Administrative Law Court to move the baseline seaward upon completion of a beach renourishment project.

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Session 121 - (2015-2016)Printer Friendly
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S*0139 (Rat #0211, Act #0197 of 2016) General Bill, By Cleary
Summary: Coastal zone critical areas
    AN ACT TO AMEND SECTION 48-39-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMITS REQUIRED FOR COASTAL ZONE CRITICAL AREAS, SO AS TO ALLOW CERTAIN TECHNIQUES TO BE USED TO PROTECT BEACH AND DUNE CRITICAL AREAS WITHOUT APPLYING FOR A PERMIT WHILE ACTING UNDER AN EMERGENCY ORDER; TO AMEND SECTION 48-39-290, AS AMENDED, RELATING TO RESTRICTIONS ON CONSTRUCTION OR RECONSTRUCTION SEAWARD OF THE BASELINE, SO AS TO ALLOW FOR THE USE OF WOOD-LIKE MATERIAL FOR WALKWAYS AND SMALL WOODEN DECKS, TO NARROW THE EXCEPTION OF GOLF COURSES FROM PERMITTING REQUIREMENTS, TO EXPAND PERMITTING EXCEPTIONS TO SANDFENCING, REVEGETATION OF DUNES, MINOR BEACH RENOURISHMENT, AND DUNE CONSTRUCTION, TO ALLOW FOR THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ISSUE GENERAL PERMITS IN CERTAIN CIRCUMSTANCES, AND TO ESTABLISH THAT THE DEPARTMENT'S PERMITTING COMMITTEE COASTAL DIVISION SHALL CONSIDER APPLICATIONS FOR SPECIAL PERMITS; AND TO AMEND SECTION 48-39-280, RELATING TO THE FORTY-YEAR RETREAT POLICY, SO AS TO PROHIBIT THE BASELINE FROM MOVING SEAWARD FROM THE POSITION DETERMINED ON DECEMBER 31, 2017, AND TO ELIMINATE THE RIGHT OF LOCAL GOVERNMENTS AND LANDOWNERS TO PETITION THE ADMINISTRATIVE LAW COURT TO MOVE THE BASELINE SEAWARD UPON COMPLETION OF A BEACH RENOURISHMENT PROJECT. - ratified title
View full text          View Vote History
12/03/14Senate Prefiled
12/03/14Senate Referred to Committee on Agriculture and Natural Resources
01/13/15Senate Introduced and read first time (Senate Journal-page 95)
01/13/15Senate Referred to Committee on Agriculture and Natural Resources (Senate Journal-page 95)
02/05/15 Scrivener's error corrected
01/13/16Senate Committee report: Favorable with amendment Agriculture and Natural Resources (Senate Journal-page 61)
01/14/16 Scrivener's error corrected
01/20/16Senate Committee Amendment Adopted (Senate Journal-page 15)
01/21/16 Scrivener's error corrected
04/21/16Senate Amended (Senate Journal-page 21)
04/21/16Senate Read second time (Senate Journal-page 21)
04/21/16Senate Roll call Ayes-39 Nays-0 (Senate Journal-page 21)
04/22/16 Scrivener's error corrected
04/26/16Senate Amended (Senate Journal-page 55)
04/27/16 Scrivener's error corrected
04/27/16Senate Read third time and sent to House (Senate Journal-page 33)
04/28/16House Introduced and read first time (House Journal-page 10)
04/28/16House Referred to Committee on Judiciary (House Journal-page 10)
05/24/16House Committee report: Favorable Judiciary (House Journal-page 13)
06/01/16House Read second time (House Journal-page 13)
06/01/16House Roll call Yeas-114 Nays-0 (House Journal-page 13)
06/02/16House Read third time and enrolled (House Journal-page 5)
06/02/16 Ratified R 211
06/03/16 Signed By Governor
06/09/16 Effective date See Act for Effective Date
06/09/16 Act No. 197



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