§ 48-39-350 — Local comprehensive beach management plan.

(A) The local governments must prepare by July 1, 1991, in coordination with the department, a local comprehensive beach management plan which must be submitted for approval to the department. The local comprehensive beach management plan, at a minimum, must contain all of the following: (1) an inventory of beach profile data and historic erosion rate data provided by the department for each standard erosion zone and inlet erosion zone under the local jurisdiction; (2) an inventory of public beach access and attendant parking along with a plan for enhancing public access and parking; (3) an inventory of all structures located in the area seaward of the setback line; (4) an inventory of turtle nesting and important habitats of the beach/dune system and a protection and restoration plan if necessary; (5) a conventional zoning and land use plan consistent with the purposes of this chapter for the area seaward of the setback line; (6) an analysis of beach erosion control alternatives, including renourishment for the beach under the local government's jurisdiction; (7) a drainage plan for the area seaward of the setback zone; (8) a post disaster plan including plans for cleanup, maintaining essential services, protecting public health, emergency building ordinances, and the establishment of priorities, all of which must be consistent with this chapter; (9) a detailed strategy for achieving the goals of this chapter; (10) a detailed strategy for achieving the goals of preservation of existing public access and the enhancement of public access to assure full enjoyment of the beach by all residents of this State. The plan must be updated at least every five years in coordination with the department following its approval. The local governments and the department must implement the plan by July 1, 1992. (B) Notwithstanding the provisions of Section 48-39-340, if a local government fails to act in a timely manner to establish and enforce a local coastal beach management plan, the department must impose and implement the plan or the State Comprehensive Beach Management Plan for the local government. If a local government fails to establish and enforce a local coastal beach management plan, the government automatically loses its eligibility to receive available state-generated or shared revenues designated for beach/dune system protection, preservation, restoration, or enhancement, except as directly applied by the department in its administrative capacities.

Legislative History

HISTORY: 1988 Act No. 634, SECTION 3; 1990 Act No. 607, SECTION 3; 1993 Act No. 181, SECTION 1235; 2018 Act No. 173 (H.4683), SECTION 7, eff May 3, 2018. Editor's Note 2018 Act No. 173, SECTIONS 1 and 8, provide as follows: "SECTION 1. This act must be known and may be cited as the 'Beachfront Management Reform Act'." "SECTION 8. The Department of Health and Environmental Control must promulgate regulations to implement the provisions of this act, including regulations that the department will use to locate a primary oceanfront sand dune as defined by Section 48-39-10, by January 14, 2020." Effect of Amendment 2018 Act No. 173, SECTION 7, in (A)(9), deleted "by the end of the forty-year retreat period. Consideration must be given to relocating buildings, removal of erosion control structures, and relocation of utilities" following "goals of this chapter".