Any activity, such as construction, dredging, filling or other alterations, below the mean high water line (tidal waters) or the ordinary high water mark (nontidal waters) in a navigable waterway of South Carolina must first receive a Construction in Navigable Waters Permit. The only navigable waterways in South Carolina where this permit is not required is in tidal areas (also know as critical areas) that are under the direct permitting jurisdiction of DHEC's Office of Ocean and Coastal Resources Management.
A Construction in Navigable Waters Permit may be required even when a U.S. Army Corps of Engineers permit is not required. A separate Construction in Navigable Waters Permit is not required for activities which require another DHEC permit or certification, including but not limited to 401 Water Quality Certifications, water supply permits, National Pollutant Discharge Elimination System permits, wastewater construction permits, and mining permits. These permitting/certification areas will coordinate with the Construction in Navigable Waters Permitting staff to insure the provisions of this regulation are adhered to.
The Bureau, using procedures established under State Regulation 19-450 “Permits For Construction In Navigable Waters,” has issued general permits (or GPs) to agencies, political subdivisions, public service corporations, and the general public for certain clearly described categories of activities or substantially similar activities in particular Navigable Waters across the State. GPs have expiration dates and may be reissued, modified, suspended or revoked, in whole or in part. CURRENT NAVIGABLE WATERS GENERAL PERMITS
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