Terms Used In South Carolina Code > Title 48 > Chapter 39 - Coastal Tidelands and Wetlands

• Abortion: means the act of using or prescribing any instrument, medicine, drug, or any other substance, device, or means with the intent to terminate the clinically diagnosable pregnancy of a woman with knowledge that the termination by those means will, with reasonable likelihood, cause the death of the unborn child. See South Carolina Code 44-41-10
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• 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.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• Applicant: means any person who files an application for a permit under the provisions of this chapter. See South Carolina Code 48-39-10
• Appraisal: A determination of property value.
• 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.
• Beaches: means those lands subject to periodic inundation by tidal and wave action so that no nonlittoral vegetation is established. See South Carolina Code 48-39-10
• Board: means the board of the department. See South Carolina Code 48-39-10
• CDPS: means Coastal Division Permitting Staff. See South Carolina Code 48-39-10
• Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
• Clinic: shall mean any facility other than a hospital as defined in subsection (d) which has been licensed by the department, and which has also been certified by the department to be suitable for the performance of abortions. See South Carolina Code 44-41-10
• 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. See South Carolina Code 48-39-10
• 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. See South Carolina Code 48-39-10
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Conception: means the fertilization of an ovum by a sperm. See South Carolina Code 44-41-10
• Consent: means a signed and witnessed voluntary agreement to the performance of an abortion. See South Carolina Code 44-41-10
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Council: means the South Carolina Head and Spinal Cord Injury Information System Council established pursuant to this article. See South Carolina Code 44-38-20
• 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 § 48-39-280. See South Carolina Code 48-39-10
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Department: means the Department of Disabilities and Special Needs. See South Carolina Code 44-38-320
• Department: means the South Carolina Department of Health and Environmental Control. See South Carolina Code 44-41-10
• Department: means the South Carolina Department of Health and Environmental Control. See South Carolina Code 48-39-10
• Devise: To gift property by will.
• Division: means the Coastal Division of the South Carolina Department of Health and Environmental Control. See South Carolina Code 48-39-10
• Dredging: means the removal or displacement by any means of soil, sand, gravel, shells, or other material, whether of intrinsic value or not, from any critical area. See South Carolina Code 48-39-10
• Emergency: means any unusual incident resulting from natural or unnatural causes which endanger the health, safety, or resources of the residents of the State, including damages or erosion to any beach or shore resulting from a hurricane, storm, or other such violent disturbance. See South Carolina Code 48-39-10
• Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Estuarine sanctuary: means a research area designated as an estuarine sanctuary by the Secretary of Commerce. See South Carolina Code 48-39-10
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Ex officio: Literally, by virtue of one's office.
• Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. ^{Source: OCC}
• Fuel: means gas and oil. See South Carolina Code 48-39-10
• Gas: means all natural gas and all other fluid hydrocarbons not hereinabove defined as oil, including condensate because it originally was in the gaseous phase in the reservoir. See South Carolina Code 48-39-10
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Head injury: means an insult to the skull or brain, not of a degenerative or congenital nature, but one caused by an external physical force that may produce a diminished or altered state of consciousness which results in impairment of cognitive abilities or physical functioning and possibly in behavioral or emotional functioning. See South Carolina Code 44-38-20
• Hospital: means those institutions licensed for hospital operation by the department in accordance with Article 3, Chapter 7 of this title and which have also been certified by the department to be suitable facilities for the performance of abortions. See South Carolina Code 44-41-10
• In loco parentis: means any person over the age of eighteen who has placed himself or herself in the position of a lawful parent by assuming obligations which are incidental to the parental relationship and has so served for a period of sixty days. See South Carolina Code 44-41-10
• Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Maintenance dredging: means excavation to restore the depth of underwater lands or restore channels, basins, canals, or similar waterway accesses to depths and dimensions that support and maintain prior or existing levels of use that previously have been dredged pursuant to a license issued by the department or an exemption as provided in § 48-39-130(D)(10) as added by Act 41 of 2011. See South Carolina Code 48-39-10
• Marine sanctuary: means any water and wetland areas designated as a marine sanctuary by the Secretary of Commerce. See South Carolina Code 48-39-10
• Minor: means a female under the age of seventeen. See South Carolina Code 44-41-10
• Minor development activities: means the construction, maintenance, repair, or alteration of any private piers or erosion control structure, the construction of which does not involve dredge activities. See South Carolina Code 48-39-10
• Oil: means crude petroleum oil and all other hydrocarbons, regardless of specific gravity, that are produced in liquid form by ordinary production methods, but does not include liquid hydrocarbons that were originally in a gaseous phase in the reservoir. See South Carolina Code 48-39-10
• Oversight: Committee review of the activities of a Federal agency or program.
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• 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. See South Carolina Code 48-39-10
• Physician: means a person licensed to practice medicine in this State. See South Carolina Code 44-41-10
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Pregnant: means the human biological female reproductive condition of having a living unborn child within her body, whether or not she has reached the age of majority. See South Carolina Code 44-41-10
• Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
• Primary oceanfront sand dune: means the dune or dunes that constitute the front row of dunes adjacent to the Atlantic Ocean. See South Carolina Code 48-39-10
• Quorum: The number of legislators that must be present to do business.
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
• Saline waters: means those waters which contain a measurable quantity of sea water, at least one part chloride ion per thousand. See South Carolina Code 48-39-10
• Service of process: The service of writs or summonses to the appropriate party.
• Spinal cord injury: means an acute, traumatic lesion of neural elements in the spinal canal resulting in any degree of sensory deficit, motor deficit, or major life functions. See South Carolina Code 44-38-20
• Storm surge: means an abnormal rise of water generated by a storm over and above the predicted astronomical tide. See South Carolina Code 48-39-10
• Submerged lands: means those river, creek, and ocean bottoms lying below mean low-water mark. See South Carolina Code 48-39-10
• Subpoena: A command to a witness to appear and give testimony.
• System: means the South Carolina Head and Spinal Cord Injury Information System established pursuant to this article. See South Carolina Code 44-38-20
• System: means the South Carolina Head and Spinal Cord Injury Service Delivery System as established in this article;
  
  (2) "State plan" means the plan developed by the State Department of Disabilities and Special Needs pursuant to this article for a comprehensive system of services for persons with head and spinal cord injuries. See South Carolina Code 44-38-320
• Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• 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. See South Carolina Code 48-39-10
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.