Permit Extension Joint Resolution of 2023

The Permit Extension Joint Resolution of 2023, ratified by the South Carolina General Assembly on May 17, 2023, and approved by the Governor on May 19, 2023, suspends the running of the time periods and any associated vested right of development approvals that are current and valid at any point during the period beginning January 1, 2020, and ending December 31, 2023.  

Section 5 of the joint resolution requires DHEC to list the types of development approvals that are provided for in the joint resolution.  

For the following types of development approvals, the joint resolution suspends the running of the time period of the approval during the four-year period from January 1, 2020, through December 31, 2023. For development approvals that were issued before January 1, 2020, the time period is suspended and any time that remained on January 1, 2020, starts running again on January 1, 2024. For development approvals issued between January 1, 2020, and December 31, 2023, the time period will begin to run on January 1, 2024.  

Permit Regulation Permit Type/Description
Air Quality  
R. 61-62.1.II.A Construction Permits. Except that, the joint resolution does not extend the following permits or approvals: 
  • Construction permits issued under R. 61-62.5 Standard No. 7 Prevention of Significant Deterioration;
  • Construction permits issued under R. 61-62.43 Maximum Achievable Control Technology (MACT) Determinations for Constructed and Reconstructed Major Sources;
  • Facilities with non-PSD construction permits that have not begun construction prior to July 01, 2011 and whose potential project emissions, without enforceable permit limitations, for the Environmental Protection Agency’s defined Greenhouse Gas emissions are at or above 75,000 or 100,000 tons per year
R. 61-62.1.II. D General Construction Permits
R. 61-62.1.II. E. Synthetic Minor Construction Permits
R. 61-62.1.II. I. Registration Permits
Environmental Health  
R.61-56 Permit to Construct and Operate: Onsite Wastewater System (Septic Tank Permits)
Ocean & Coastal Resource Management  
R.30 Direct Critical Area Permits, including individual and general permits. Except that, the joint resolution does not affect permits issued pursuant to R.30-12.N Access to Coastal Islands
Solid Waste Management  
R. 61-107.19 Structural Fill
R.61-58 Drinking Water Construction Permits
R.61-67 Wastewater Construction Permits
R.61-51 Recreational Waters Construction Permits
R.61-43 Construction of Agricultural Animal Facilities
R.19-450 Permits for Construction in Navigable Waters
R.61-87 Underground Injection Control Permit to Construct

If there are any questions concerning this notice, please contact Kristy Ellenberg at or by phone at (803) 898-8161.