For the repeal of this section, see Editor’s Notes.

(A) Notwithstanding the provisions of § 48-39-280, the department must initiate a new baseline cycle by no sooner than January 1, 2024. Until the department establishes a new baseline and setback line affecting a landowner as part of that establishment cycle, the baseline and setback line in effect for the landowner are the most seaward of the following, respectively:

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Terms Used In South Carolina Code 48-39-285

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
  • Department: means the South Carolina Department of Health and Environmental Control. See South Carolina Code 48-39-10

(1)(a) the baseline established during the 2008 through 2012 establishment cycle; or

(b) the baseline proposed by the department on October 6, 2017; and

(2)(a) the setback line established during the 2008 through 2012 establishment cycle; or

(b) the setback line proposed by the department on October 6, 2017.

(B) Notwithstanding the provisions of subsection (A) and § 48-39-280, if the department, pursuant to a review or an appeal initiated before January 1, 2018, revises the baseline proposed on October 6, 2017, to a location seaward of both the baseline established during the 2008 through 2012 establishment cycle and the baseline proposed on October 6, 2017, then both the revised proposed baseline and revised proposed setback line will be in effect for the landowner until the department establishes a new baseline and setback line.