S.C. Code § 49-30-10
Citation of act
This chapter may be referred to and cited as the "Public Waters Nuisance Abatement Act".
South Carolina Code Title 49, Chapter 30 — Public Waters Nuisance Abatement Act
South Carolina · statute · S.C. Code tit. 49, ch. 30 · 9 active provisions
S.C. Code § 49-30-20
Legislative intent
The General Assembly finds and declares that structures located upon the public waters of the State which are used as places of temporary or permanent habitation, dwelling, sojournment, or residence interfere with the state's proprietary interest or the public trust, or both, and must be removed to ensure the rights of…
S.C. Code § 49-30-30
Definitions
As used in this chapter, the term: (1) "Department" means the South Carolina Department of Natural Resources. (2) "FERC licensee" means an entity that possesses a Federal Energy Regulatory Commission's (FERC) license to operate a licensed lake. (3) "Fund" means the Public Waters Nuisance Abatement Fund. (4) "Licensed l…
S.C. Code § 49-30-40
Public Waters Nuisance Abatement Fund
The Public Waters Nuisance Abatement Fund is created solely to pay for costs incurred by the State associated with removing unpermitted structures pursuant to this chapter. The fund may receive appropriations from the general fund, federal funds, donations, gifts, the proceeds of permit fees, and other monetary instrum…
S.C. Code § 49-30-50
Permit to maintain existing structure
An owner of a structure existing on March 21, 2007, may apply for a permit from the department authorizing the owner to maintain his structure in its permitted location for five years. A permit may not be renewed, extended, or transferred.
S.C. Code § 49-30-60
Permit application; fee; conditions; time for filing; grounds for revocation
(A) For the privilege of maintaining a structure in its current location, the owner of the structure must obtain a permit for a fee of fifty dollars. The permit fee must be credited to the fund. (B) To be issued a permit pursuant to this section an owner must: (1) make a written request for a permit from the department…
S.C. Code § 49-30-70
Identification and removal of unpermitted structures; notice of proceeding
(A) An unpermitted structure is declared to be a public nuisance and shall be enjoined and abated as provided in this chapter. FERC licensees must survey their licensed lakes and the department must survey all other navigable waters of this State to determine the location of any unpermitted structures. A report promptl…
S.C. Code § 49-30-80
Removal of unpermitted structures; FERC licensees; recovery of costs
(A) The department must contract to remove unpermitted structures pursuant to a court order and to the extent that the fund contains sufficient funds to cover the cost of removal. (B) FERC licensees are authorized to remove unpermitted structures located on licensed lakes pursuant to a court order. (1) A FERC licensee…
S.C. Code § 49-30-90
Magistrate court jurisdiction; offenses and penalties
(A) Notwithstanding Chapter 3, Title 22, magistrates court shall have jurisdiction over actions arising under this section. (B) A permit holder that fails to remove his structure at the expiration of his permit, who violates a condition upon which the permit was granted, or abandons the structure is guilty of a misdeme…