South Carolina Code 49-30-80. Removal of unpermitted structures; FERC licensees; recovery of costs
Current as of: 2023 | Check for updates
|
Other versions
(A) The department must contract to remove unpermitted structures pursuant to a court order and to the extent that the fund contains sufficient funds to cover the cost of removal.
(B) FERC licensees are authorized to remove unpermitted structures located on licensed lakes pursuant to a court order.
Terms Used In South Carolina Code 49-30-80
- Contract: A legal written agreement that becomes binding when signed.
- Department: means the South Carolina Department of Natural Resources. See South Carolina Code 49-30-30
- FERC licensee: means an entity that possesses a Federal Energy Regulatory Commission's (FERC) license to operate a licensed lake. See South Carolina Code 49-30-30
- Fund: means the Public Waters Nuisance Abatement Fund. 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) A FERC licensee may recover from the owner of an unpermitted structure all costs associated with its removal. The department must provide the FERC licensee with any information in the department’s possession that may be used to identify and locate an owner from whom the FERC permittee is seeking to recover its costs.
(2) The provisions of this subsection do not create a new duty of care for FERC licensees.