(A) For the privilege of maintaining a structure in its current location, the owner of the structure must obtain a permit for a fee of fifty dollars. The permit fee must be credited to the fund.

(B) To be issued a permit pursuant to this section an owner must:

lawyer at desk

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

Terms Used In South Carolina Code 49-30-60

  • Department: means the South Carolina Department of Natural Resources. See South Carolina Code 49-30-30
  • Fund: means the Public Waters Nuisance Abatement Fund. See South Carolina Code 49-30-30
  • Navigation: means the ability of a registered or documented self-propelled watercraft equipped with motor and rudder controls located at a point on the watercraft from which there is forward visibility over at least a one hundred eighty degree range to navigate to a department approved marine pump-out station. See South Carolina Code 49-30-30
  • Removal: means to completely extricate the entire structure from the public waters of this State. See South Carolina Code 49-30-30
  • Structure: means a structure located upon any public waters of this State, whether the structure is floating upon the waters and is made fast by the use of lines, cables, anchors, or pilings, or a combination of these, or is built upon pilings embedded in the beds of the public waters of the State when the structure is being used, has been used, or is capable of being used as a place of habitation, dwelling, sojournment, or residence for any length of time; is not being used or is not capable of being used primarily as a means of transportation upon these public waters; and is not owned, occupied, or possessed pursuant to a permit issued by the department. See South Carolina Code 49-30-30

(1) make a written request for a permit from the department containing:

(a) a sworn statement from all of the owners of the structure acknowledging ownership;

(b) the names and addresses of all owners;

(c) a detailed description of the structure;

(d) the structure’s location. To identify the structure’s location, the owner must use latitude and longitude or mark it on a United States Geological Survey topographic map; and

(2) establish to the satisfaction of the department that the structure does not present a hazard to navigation nor encroach upon private property or a wildlife management area.

(C) Upon the verification of the information contained in the written request and the department’s satisfaction that the structure does not present a hazard to navigation nor encroach upon private property or a wildlife management area, the department shall issue a permit to the owner that must be prominently displayed on or about the structure. The permit must be conditioned expressly upon the owner being responsible for removal and all costs associated with removal. The department may not issue permits to applications postmarked or received later than ninety days after the effective date of this chapter.

(D) A permit may be revoked by the department if the:

(1) structure is moved from its permitted location for use in another location;

(2) owner fails to abide by any conditions upon which the permit was issued;

(3) structure becomes a hazard to navigation or encroaches on private property or a wildlife management area;

(4) structure is abandoned or becomes unusable; or

(5) owner transfers or attempts to transfer his permit, title, or any interest in the structure to another person.

  Previous section
Next section  
 Chapter 30 Contents