Navigable Waters - Requirements
Any activity, such as construction, dredging, filling or other alterations, below the mean high water line (tidal waters) or the ordinary high water mark (nontidal waters) in a navigable waterway of South Carolina must first receive a Construction in Navigable Waters Permit. The only navigable waterways in South Carolina where this permit is not required is in tidal areas (also know as critical areas) that are under the direct permitting jurisdiction of DHEC's Office of Ocean and Coastal Resources Management.
A Construction in Navigable Waters Permit may be required even when a U.S. Army Corps of Engineers permit is not required. A separate Construction in Navigable Waters Permit is not required for activities which require another DHEC permit or certification, including but not limited to 401 Water Quality Certifications, water supply permits, National Pollutant Discharge Elimination System permits, wastewater construction permits, and mining permits. These permitting/certification areas will coordinate with the Construction in Navigable Waters Permitting staff to insure the provisions of this regulation are adhered to.
The Bureau, using procedures established under State Regulation 19-450 Permits For Construction In Navigable Waters, has issued general permits (or GPs) to agencies, political subdivisions, public service corporations, and the general public for certain clearly described categories of activities or substantially similar activities in particular Navigable Waters across the State. GPs have expiration dates and may be reissued, modified, suspended or revoked, in whole or in part.
Current Navigable Waters General Permits
(General Public) Statewide general permit for construction, installation, maintenance and/or repair of piers, floating docks (including joint use and community docks), boat lifts, mooring piles, dolphins, covered boat sheds and dock covers, for private non-commercial.
(Public Utility Companies) Statewide general permit for installation of utility lines including but not limited to phone, electricity, cable, television, natural gas, water, and sewer by directional boring, and by aerial crossing, but limited to electrical transmission and distribution lines only.
(General Public) General Permit for authorization, subject to the general and special conditions contained herein, activities that are subject to permitting by the US Army Corps of Engineers (Corps) and quality for nationwide permits (NWP) issued by the Corps where such activities have been certified by the Department in accordance with Section 401 of the Clean Water Act and are in accordance with all conditions pursuant to the certification. Some NWP contained herein are subject to Section 10 navigable waters only and the 401 Certification is not applicable.