title 48 - TITLE 48 ENVIRONMENTAL PROTECTION AND...

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TITLE 48. ENVIRONMENTAL PROTECTION AND CONSERVATION CHAPTER 39. COASTAL TIDELANDS AND WETLANDS SECTION 48-39-10 . Definitions. [SC ST SEC 48-39-10] As used in this chapter: (A) "Applicant" means any person who files an application for a permit under the provisions of this chapter. (B) "Coastal zone" means all coastal waters and submerged lands seaward to the State's jurisdictional limits and all lands and waters in the counties of the State which contain any one or more of the critical areas. These counties are Beaufort, Berkeley, Charleston, Colleton, Dorchester, Horry, Jasper and Georgetown. (C) "Division" means the Coastal Division of the South Carolina Department of Health and Environmental Control. (D) "CDPS" means Coastal Division Permitting Staff. (E) "Saline waters" means those waters which contain a measurable quantity of sea water, at least one part chloride ion per thousand. (F) "Coastal waters" means 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. Provided, however, that the department may designate boundaries which approximate the mean extent of saline waters until such time as the mean extent of saline waters can be determined scientifically. (G) "Tidelands" means 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. Provided, however, nothing in this definition shall apply to wetland areas that are not an integral part of an estuarine system. Further, until such time as the exact geographic extent of this definition can be scientifically determined, the department shall have the authority to designate its approximate geographic extent. (H) "Beaches" means those lands subject to periodic inundation by tidal and wave action so that no nonlittoral vegetation is established. (I) "Primary ocean front sand dunes" means those dunes which constitute the front row of dunes adjacent to the Atlantic Ocean.
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(J) "Critical area" means any of the following: (1) coastal waters; (2) tidelands; (3) beaches; (4) beach/dune system which is the area from the mean high-water mark to the setback line as determined in Section 48-39-280. (K) "Person" means any individual, organization, association, partnership, business trust, estate trust, corporation, public or municipal corporation, county, local government unit, public or private authority and shall include the State of South Carolina, its political subdivisions and all its departments, boards, bureaus or other agencies, unless specifically exempted by this chapter.
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