South Carolina’s beachfront jurisdictional area is made up of three Beachfront critical areas, Beach/Dune System, Beaches, and Coastal Waters, which are defined in South Carolina Code of Laws §48-39-10. SCDES BCM has authority to review activities within all of these critical areas.
Proposed activities within any of the state’s beachfront critical areas should be coordinated with SCDES BCM to determine if authorization is required. Staff are available to assist citizens in understanding the beachfront jurisdiction and the authorization process associated with property-specific activities.
S.C. Code Ann. § 48-39-280 requires the South Carolina Department of Environmental Services Bureau of Coastal Management (SCDES BCM or Department) to establish and periodically review two beachfront jurisdictional lines, the baseline and the setback line. The baseline is the more seaward (towards the ocean) line, while the setback line is the more landward (towards the land) line. The setback line delineates the landward extent of the state’s direct permitting authority for activities proposed within the Beach/Dune System Critical Area.
The jurisdictional lines create a state jurisdictional area where activities associated with habitable structures, pools, renourishment, landscaping, fencing, decks, service lines, and other alterations are reviewed to determine if authorization is required to prevent unwise development and to protect resources along the beachfront. Repairs, reconstruction, and new construction of some structures are allowed under certain conditions and with proper notification to the Department as listed under S.C. Code Ann. § 48-39 and S.C. Code Ann. Regs. 30. The jurisdictional lines enable SCDES BCM to implement laws and regulations that support the state's beachfront management goals, and protect vulnerable shorelines, properties, and natural ecosystems.
Please be aware that there may be critical areas landward of the jurisdictional setback line that may also require authorization and coordination with SCDES BCM. For questions, please reach out to SCDES BCM’s Beachfront Management section at (843) 953-0200, or visit the Project Manager Finder Application to find contact information for SCDES BCM project managers by geographic area.
South Carolina law requires SCDES BCM to establish and review the position of these beachfront jurisdictional lines every 7 to 10 years. The average annual erosion rate for all oceanfront land that is developed or potentially could be developed is also reviewed during this time frame.
Using historical and present-day shoreline and beach profile information, SCDES BCM designates a baseline and setback line along the coast. The setback line's distance from the baseline is determined by calculating the long-term annual erosion rate in that particular area. The minimum setback distance is 20 feet.
For additional information about the technical process associated with establishing the lines, please visit our Jurisdictional Lines Review Technical Process page.
To assist property owners, local governments, and other interested parties in understanding the state’s jurisdictional line review process, beachfront critical areas, and authorization requirements, SCDES BCM has developed a Beachfront Educational Campaign. This effort will utilize a variety of methods to reach a broad and diverse audience including digital products, print materials, social media, as well as in-person and virtual information sharing opportunities.
A landowner claiming ownership of property adversely affected by the establishment of a baseline or setback line, upon submittal of substantiating evidence, must be granted a review of the baseline or setback line. Alternatively, the municipality or county in which the property is situated, acting on behalf of the landowner with his written authorization, or an organization acting on behalf of the landowner with his written authorization, upon submittal of substantiating evidence, must be granted a review of the baseline and setback line. A review is initiated by filing a request with the Division of Coastal Management via certified mail within one year of the establishment of the baseline or setback line and must include a one hundred-dollar-review fee per property. The landowner or the county, municipality, or organization acting on behalf of the landowner may file a request with the Administrative Law Court, in accordance with Chapter 23, Title 1, for a contested case hearing within thirty calendar days after the Division of Coastal Management issues the final agency decision resulting from the review.
On January 30, 2024, SCDES BCM released a tentative schedule for establishment of the new beachfront jurisdictional lines on our website. The current tentative schedule for line establishment and adoption is below. This line review will be a phased effort that will occur between 2024 and 2028. There will be many opportunities for public education and engagement. Please refer to this webpage for the latest updates and information.
SCDES BCM staff are available to answer questions about the beachfront jurisdictional lines. Please contact SCDES BCM at (843) 953-0200.
