REGULATORY CONSIDERATIONS
The following provides a brief summary of the agencies involved with required wetland permitting in coastal South Carolina . Contractors should provide assistance with the filing and receival of permits from the relevant local , state , and federal agencies involved with wetland permitting .
Federal regulations and permitting
The Department of the Army Regulatory Program is one of the oldest in the federal government . Initially it served a fairly simple , straightforward purpose : to protect and maintain the navigable capacity of the nation ' s waters . The Regulatory Program is committed to protecting the nation ' s aquatic resources and navigation capacity , while allowing reasonable development through fair and balanced decisions . The Corps evaluates permit applications for essentially all construction activities that occur in the Nation ' s waters , including wetlands . For Charleston County , all evaluations are conducted by U . S . Army Corps of Engineers ( USACE ) staff .
REGULATORY CONSIDERATIONS
The Corps ’ Regulatory Program administers and enforces Section 10 of the Rivers and Harbors Act of 1899 ; Section 404 of the Clean Water Act of 1972 , as amended ; and Section 103 of the Marine Protection , Research , and Sanctuaries Act of 1972 . Under Section 10 of the Rivers and Harbors Act , a Corps permit is required for work or structures in , over , or under navigable waters of the United States . Under Section 404 of the Clean Water Act , a Corps permit is required for the discharge of dredged or fill material into waters of the United States . Many water bodies and wetlands in the nation are waters of the United States and are subject to the Corps ' Section 404 regulatory authority . Under Section 103 of the Marine Protection , Research , and Sanctuaries Act , the Corps regulates the transport and disposal of dredged material at designated ocean sites . Furthermore , all Corps permit decisions are subject to various other federal laws applicable to federal actions , such as the Endangered Species Act , the National Historic Preservation Act , and the Magnuson-Stevens Fisheries Conservation and Management Act
Electronic applications for Standard Permits , Letter of Permissions , Pre-Construction Notifications for NWPs or RGPs , Jurisdictional Determination requests , No Permit Required requests , Mitigation Bank proposals , and Preapplication meeting requests are accepted by the Charleston District Office . Electronic submittals can be submitted to the following email : SAC . RD . Charleston @ usace . army . mil .
State regulations and permitting
In 1977 , the South Carolina Coastal Tidelands and Wetlands Act was passed by the S . C . General Assembly . Through this statute , the South Carolina Department of Health and Environmental Control ( SCDHEC ) is charged with the responsibility to protect the quality of the coastal environment and to promote the economic and social improvement of the coastal zone . SCDHEC has direct permitting authority over the critical areas pursuant to statutory provisions in S . C . Code Ann . § 48-39-10 , et . seq ., and the DHEC ' s Critical Area Regulations , S . C . Code Reg . § 30-1 et . seq . The critical area is defined as coastal waters , tidelands , beaches and beach / dune system .
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