DHEC Office of Ocean and Coastal Resource Management
The State’s Nov. 20 story, “DHEC changes erode beach protection law,” wrongly implies that the S.C. Department of Health and Environmental Control’s Office of Ocean and Coastal Resource Management actively endorses the proliferation of shoreline development and is trying to ease development restrictions.
Nothing could be further from the truth.
As a regulatory agency, we are charged with applying coastal laws and regulations objectively.
Yes, there is pressure to develop along our coastline and the legal challenges to the state’s authority to restrict coastal development have never been greater. To understand our current coastal challenges, one must first put our state’s laws and regulations into context.
In 1988, the General Assembly passed the Beachfront Management Act and adopted a policy of shoreline retreat along with specific regulations that restricted shoreline development. That law reflected the deliberations of a blue ribbon panel established by the governor to address critical challenges created by unchecked shoreline development. Most notably, the law strengthened the state’s beachfront jurisdiction by prohibiting the seaward movement of the state’s jurisdictional line. This provision alone significantly reduced encroaching development. However, many of the fundamental regulations supporting the shoreline retreat policy were removed by the General Assembly in 1990 under public demand to rebuild in the wake of Hurricane Hugo. Also, the state began implementing large-scale renourishment projects to maintain public beaches vital to the state’s tourism economy. Renourishment funding decisions are made by the General Assembly and DHEC does not endorse or lobby for specific renourishment projects.
Our coastal regulations provide DHEC with direct regulatory and permitting authority in the immediate beachfront area, limited to two scientifically determined jurisdictional lines that are established based on beach survey data.
State jurisdictional lines are not building or zoning regulations. In fact, development along the coast including high-rise developments, condominiums and houses, is under the control of local planning and zoning authorities, not DHEC. Should municipalities, such as Hilton Head, choose to place greater restrictions on shoreline development, they may certainly do so.
It is also important to recognize that state jurisdictional lines are not permanent. The law requires DHEC to review state beachfront jurisdictional lines every eight to ten years to account for natural or man-made changes to our beaches, such as beach renourishment. We evaluate the jurisdictional lines on each beach based on historical and scientific data collected annually in partnership with academic institutions.
The baseline is set atop the primary sand dune on the beach and is the more seaward of the two lines. The setback line is set landward of the baseline and is determined by calculating long-term erosion rates on each particular stretch of beach. Between these two lines, or setback area, state regulations limit habitable development to a maximum of 5,000 square feet of heated space. Additionally, the current version of the law prohibits the construction of new seawalls.
On beaches with high levels of erosion without renourishment, DHEC may move the lines more toward the land, placing a greater restriction on development near the active beach. On the other hand, if a beach is building up naturally or as part of an ongoing renourishment program, DHEC may move the lines seaward. Where there is little change, the lines may not move at all.
The law also allows individual property owners and municipalities to petition the state at any time to move beachfront jurisdictional lines seaward if beach survey data demonstrates a stabilized built up or renourished beach. Further, the law allows property owners to apply for a “special permit” to build seaward of the baseline under certain conditions. DHEC does not endorse or support petitions or permit applications for construction seaward of the baseline. Our staff evaluates data and facts objectively within the framework of our coastal regulations to make a determination. However, we also understand that our coastline is dynamic. The annual threat of hurricanes, concerns about increases in sea-level rise and continued development pressure underscores the need for responsible regulations, planning and zoning decisions at all levels of government.
In 2007, DHEC assembled a Shoreline Change Advisory Committee including a broad cross-section of coastal stakeholders, scientists, coastal managers, municipal officials, developers, conservationists and legal professionals. Their goal is to organize existing shoreline research, identify research priority needs and policy issues about the future management of South Carolina’s shorelines. A final report is anticipated in the late spring of 2009. These findings will serve as a foundation for future policy and regulation development.
We work with communities and local governments to help guide sound local planning decisions. An important part is the development of local comprehensive beachfront management plans. Although we cannot dictate local planning and zoning decisions, these plans encourage local governments to think critically about long-term planning issues, including resiliency to changes in our shoreline.
We at DHEC are working hard to manage our valuable and fragile coastal resources. We must work together at all levels of community and government to meet today’s needs while planning responsibly for the future.
For additional information, contact: (803) 898-3432