South Carolina BMA. Jurisdictional Line Revisions

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Loren Anthony
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1 South Carolina BMA Jurisdictional Line Revisions

2 40 Year Retreat Policy A forty year policy of retreat from the shoreline is established. The department must implement this policy and utilize the best available scientific and historical data in the implementation.

3 Baseline Department must establish a jurisdictional line, paralleling the shoreline for each standard erosion zone and inlet erosion zone The baseline is the State s location of a line on which the setback is dependent State severely restricts construction seaward of the baseline (Special Permits)

4 Setback Line Line dependent upon the location of the baseline Certain construction may occur seaward, landward OCRM has no beachfront jurisdiction Marks off what s called beach/dune critical area- critical area includes tidelands

5 Setting the Baseline and Setback Lines Process is different for standard erosion zones and inlet erosion zones

6 What is a Standard erosion zone? A segment of shoreline which is subject to essentially the same set of coastal processes, has a fairly constant range of profiles and sediment characteristics, and is not influenced directly by the inlet and its associated shoals.

7 What is an Inlet Erosion Zone? a segment of shoreline along or adjacent to tidal inlets which is influenced directly by the inlet and its associated shoals. More unstable, more dynamic

8 Baseline and Setback Line Revisions: Must be revised not less than every seven years but not more than every ten years *previously the window was every eight to ten years

9 Major Change in the BMA Subject to Section (D), the baseline established pursuant to this section must not move seaward from its position on December 31, 2017.

10 Standard Erosion Zone Baseline Located at the crest of the primary oceanfront sand dune. If the dune has been altered, Department must use best scientific and historical data

11 Inlet Erosion Zone Baseline Located at the most landward point of erosion at any time during the past forty years Unless the best scientific and historical data of the inlet and adjacent beaches indicate that the shoreline is unlikely to return to its former position.

12 Department considerations for inlet erosion zones Historical inlet migration Inlet stability Channel and ebb tidal delta changes Effects of sediment bypassing on shorelines adjacent to the inlets Effects of nearby beach restoration projects on inlet sediment budgets

13 For stabilized Inlet Erosion Zones: Stabilized means a zone that is stabilized by jetties, terminal groins or other structures. Department must follow the same process as that for locating baseline for a standard erosion zone

14 Setting Setback Lines A setback line must be established landward of the baseline a distance which is forty times the average annual erosion rate or not less than twenty feet from the baseline for each erosion zone based on the best historical and scientific data adopted by the department as a part of the State Comprehensive Beach Management Plan. Does OCRM need to change the plan to use the new erosion rate?

15 Public Involvement for Line Revision Process The Department must make available to the public all information upon which its decisions are based for the establishment of the final baseline and setback line. Reg (E): The proposed baseline, erosion rate, and setback line for a region, island or part thereof, or other geographic area of South Carolina s ocean shoreline shall be made available to the public for inspection at each of the Department s offices.

16 Public Notice and Comment Period Department must hold a 30-day public comment period (what is criteria for that- newspapers of general circulation, on the website?) Department must hold at least one public hearing The last line revision OCRM held a hearing in Horry, Georgetown Charleston and Beaufort- Is OCRM contemplating one massive public hearing?

17 Baseline Data to be considered by OCRM Must be gathered at 2,000 foot intervals but can be more frequent 187 miles of shoreline Data points gathered every half-mile

18 Regulatory provision for Appealing Baselines Reg (F) Statute has changed the appeals process must follow Section

19 Appeal of Jurisdictional Lines and Erosion Rate A landowner claiming ownership of property affected who feels that the final or revised setback line, baseline or erosion rate as adopted is in error, upon submittal of substantiating evidence, must be granted a review of the setback line, baseline, or erosion rate, or a review of all three.

20 Appeal to the DHEC Board The requests must be forwarded to the Department Board in accordance with Section , and the final decision of the board may be appealed to the Administrative Law Court, as provided in Chapter 23 of Title 1. CONFLICTS WITH THE REGULATORY PROVISION: STATUTE TRUMPS (Bill put the one year in the regulation)

21 Appeals Process Must file with the Board within 15 days of notice being mailed (do you have to request to be notified? Hence the regulatory provision) Making changes without proactively notifying the property ownersif you have property that is a second home Board has 60 days to decide to and hold a final review conference on the Department s decision

22 BMA Amendment Removed the right to petition the Administrative Law Court to move the baseline seaward upon the completion of a beach renourishment project

23 1876 WALLENBERG BLVD. CHARLESTON, SC lenhardtlawfirm.com

DIVISION OF COASTAL MANAGEMENT TO STUDY CURRENT LONG-TERM EROSION RATES ADJACENT TO TERMINAL GROINS

DIVISION OF COASTAL MANAGEMENT TO STUDY CURRENT LONG-TERM EROSION RATES ADJACENT TO TERMINAL GROINS North Carolina Department of Environmental Quality Division of Coastal Management February 22, 2018 N.