SCDES BCM has direct permitting authority over the critical areas of the state pursuant to statutory provisions in S.C. Code Ann. § 48-39-10, et. Seq, and the SCDES's Coastal Division Regulations S.C. Code Reg. §30-1 et. seq.
The state has four (4) critical areas defined as:
- Coastal Waters - the navigable waters of the United States subject to the ebb and flood of the tide and which are saline waters, shoreward to their mean high-water mark.
- Tidelands - all areas which are at or below mean high tide and coastal wetlands, mudflats, and similar areas that are contiguous or adjacent to coastal waters and are an integral part of the estuarine systems involved. Coastal wetlands include marshes, mudflats, and shallows and means those areas periodically inundated by saline waters whether or not the saline waters reach the area naturally or through artificial water courses and those areas that are normally characterized by the prevalence of saline water vegetation capable of growth and reproduction.
- Beaches - those lands subject to periodic inundation by tidal and wave action so that no nonlittoral vegetation is established.
- Beach/Dune System - all land from the mean high-water mark of the Atlantic Ocean landward to the 40 year setback line described in §48–39–280.
SCDES BCM’s Critical Area Permitting section reviews proposed alterations to the Coastal Waters and Tidelands critical areas to ensure that they are consistent with the applicable laws found in the Coastal Tidelands and Wetlands Act and the Coastal Division Regulations in addition to the policies of the South Carolina Coastal Management Program.
Activities within the Coastal Waters and Tidelands critical areas that are reviewed by the Critical Area Permitting section include, but are not limited to: docks, bulkheads, revetments, marinas, mooring fields, boat ramps, living shoreline, mariculture, water treatment systems, piers, cables, pipelines, transmission lines, dredging, and access to coastal islands.
The Critical Area Permitting section also provides for six service requests, including Critical Area Line Certification, Maintenance & Repair, Dock Master Plans, Letters of Authorization, Permit transfers, and Permit Extensions.
SCDES BCM’s Beachfront Management section reviews proposed alterations to the Beaches, Beach/Dune System, and adjacent Coastal Waters critical areas to ensure that they are consistent with the applicable laws found in the Coastal Tidelands and Wetlands Act and the Coastal Division Regulations in addition to the policies of the South Carolina Coastal Management Program.
Any person wishing to alter a critical area must receive a permit or authorization from the Department. Activities impacting the Tidelands and Coastal Waters critical areas are divided into 2 main categories:
- Minor Development Activity – The construction, maintenance, repair or alteration of any private pier or erosion control structure, the construction which does not involve dredging (e.g. private docks, non-oceanfront erosion control structures pr living shorelines, additions to existing dock structures such as floating and fixed boat storage structures, and floating docks and pierheads).
- Major Development Activity – Any construction activity that is not a minor activity (e.g. bridges, boat ramps, marinas, dredging, community docks, community living shorelines, commercial facilities)
Based on the type of activity, different types of permits are administered for the alteration of Coastal Waters and Tidelands critical areas:
- Individual Critical Area Permit for Minor and Major Activities, or a
- General Critical Area Permit. Examples of general critical area permit activities include, but are not limited to horizontal direction drill for utilities, soil borings, public stormwater conveyance, and dock additions without square footage additions (e.g. handrails, roofs, storage boxes).
The BCM Critical Area Activities application form will guide the applicant to provide the information required for the Department to review the activity.
Please see our Frequently Asked Questions for additional considerations.
All activities within the four (4) critical areas can be applied for/requested within the ePermitting portal, using the BCM Critical Area Activities application form. Applicants will first be required to set up an account within the ePermitting portal.
Search for a Site if it exists within the ePermitting system. Typically, Sites with any critical area permitting history exist within the system. Please contact the SCDES BCM Critical Area Permitting project manager using the BCM Project Manager Finder App for assistance with access to existing Sites or to set up a new Site.
Once access to the Site has been established, complete the BCM Critical Area Activities application form. For assistance on starting this form, click here to access ePermitting.
Note: For additional information regarding permitting and notification requirements on the beaches and the beach/dune system, please see Beachfront Permitting.