Beachfront jurisdictional lines not building or zoning regulations
The State’s April 9 story “The Carolina coast – High-rise heaven?,” implied the S.C. Department of Health and Environmental Control favored high-rise buildings more than beaches. Let me assure every South Carolinian such is not the case.
State law requires DHEC to review state beachfront jurisdictional lines every eight to ten years to account for natural or man-made changes to our beaches, such as beach renourishment. These state jurisdictional lines are not building or zoning regulations. In fact, development along the coast, including any high-rise developments, is under the authority of local governments’ planning and zoning offices.
The Beachfront Management Act, passed in 1990, provided DHEC with direct regulatory and permitting authority in the immediate beachfront area, limited to two scientifically-determined jurisdictional lines that are established based on beach survey data. The baseline is set atop the primary sand dune on the beach and is the more toward the sea of the two lines. The setback line is set toward the land of the baseline and is determined by calculating long-term erosion rates on each particular stretch of beach. Between these two lines, or setback area, state regulations limit habitable development to a maximum of 5,000 square feet of heated space. Pools in the setback area must be located behind an approved erosion control device and no construction along the beach can alter the primary sand dune or active beach. Structures outside of this boundary are limited by local planning and zoning requirements.
On beaches with high levels of erosion without renourishment, DHEC may move the lines more toward the land, placing a greater restriction on development near the active beach. On the other hand, if a beach is building up or accreting, either naturally or as part of an ongoing renourishment program, DHEC may move the lines more toward the ocean. Where there is little change either way, the lines may not move at all. The law also allows property owners to petition the state at any time to move beachfront jurisdictional lines seaward if beach survey data demonstrates a stabilized accretional or renourished beach.
We at DHEC are obligated to apply coastal regulations fairly and objectively. We also consider the fact that our coastline is dynamic. The threat of hurricanes, concerns about increases in sea-level and continued development pressure underscores the need for responsible regulations, planning and zoning decisions at all levels of government.
Last year, DHEC paneled a Shoreline Change Advisory Committee with a broad cross-section of coastal stakeholders, scientists, coastal managers, municipal officials, developers, conservationists and legal professionals. Their goal is to organize existing shoreline research, identify research priority needs and consider policy-related issues concerning the future management of South Carolina’s estuarine and beachfront shorelines. This committee’s work will serve as a foundation for future policy and regulation development in South Carolina.
We also engage communities and local governments to provide analysis and tools to help guide sound local planning decisions. An important part of this effort is developing local comprehensive beachfront management plans. Although the state cannot dictate local planning and zoning decisions, these plans encourage local governments to think critically about long-term planning issues, including resiliency to changes in our shoreline.
Coastal management is increasingly complex. We at DHEC are working hard to use the tools available to us to manage our valuable and fragile coastal resources. We must continue to work together at all levels of community and government to meet the needs of today while planning responsibly for the future.
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Carolyn R. Boltin is DHEC’s deputy commissioner for the Office of Ocean and Coastal Resource Management.