South Carolina Resources

Coastal Tideland Law

Marine Regulations

Maps and Data

Ecoregional Assessment for Carolinian Marine Ecoregion

The Nature Conservancy's South Carolina

State Agency Contact Database

South Carolina Summary

The Ocean and Coast

When South Carolina’s numerous estuaries, bays, and barrier islands are included in the state’s coastline mileage, South Carolina jumps from just 187 miles of ocean frontage to 2,876 miles of tidal coastline.

Conservation Leasing and Ownership

In 2006 and 2007, assessments relating to conservation leasing and submerged lands in South Carolina were undertaken by the South Carolina Sea Grant, University of South Carolina School of Law, College of Charleston, and the South Carolina Department of Health and Environmental Control, Ocean and Coastal Resource Management Program. The assessments showed that current South Carolina law is not easily adaptable for conservation leasing purposes. The most related and readily adaptable program in the state is acquiring permits from South Carolina Department of Natural Resources for commercial shellfish activities (see below). However, several positive findings were uncovered:

• State agencies appear open to considering options for conservation leasing. 
• Conservation leasing in association with oyster restoration in areas open and closed to shellfish harvesting may be a viable option.
• There are several types of grants in South Carolina (Lords Proprietors, British Crown, and State) that cede title of intertidal bottoms to private entities. Privately-held intertidal submerged lands may be an opportunity to begin in-water conservation and restoration activities.
• The state will continue to assess submerged lands leasing issues through 2007 - 2008.

At this time, organizations wishing to pursue leasing or ownership of lands or resources lying below the high tide line should work with state agency staff to undertake site-specific assessments. Whether organizations pursue leasing or ownership opportunities, several local, state, and federal authorizations may be required to undertake conservation activities on tidelands in South Carolina. The information that follows provides context for and information regarding possible authorization needs.

Submerged Lands, Tidelands, Fish and Wildlife

In South Carolina tidelands include all areas below the mean high tide. The area between high tide and the low-water mark are considered intertidal lands while areas lying below the mean low-water mark are called submerged lands. The state claims ownership of submerged lands lying below the mean low water mark to the limit of the territorial sea, three nautical miles offshore. However, the state does not have a formally established proprietary submerged lands management program. In total, there are approximately 570,000 acres of estuarine & marine tidelands in South Carolina.

The Department of Natural Resources (DNR), Marine Resources Division, is responsible for the regulatory management of the submerged lands and accompanying resources within South Carolina’s jurisdiction. DNR does not issue leases for submerged lands, but does grant exclusive use of the state-owned lands for shellfish propagation (see below). South Carolina has been considering the possibility of leasing submerged land since at least 1995, but no formal decisions or actions have been taken. DNR also regulates recreational and commercial fisheries within the state and administers mariculture permits; thus any activities affecting fish or wildlife would require permits or licenses through DNR.

Department of Natural Resources
Marine Resources Division
1000 Assembly Street
Columbia, SC 29201
Tel: 843-953-9300

Coastal Zone, Beaches, and Shoreline Development

The Department of Health and Environmental Control (DHEC), Ocean and Coastal Resource Management (OCRM), implements the Coastal Zone Management Plan and provides consultation and technical assistance on coastal issues. OCRM also administers permit programs for alterations in the “critical area” (from the critical line seaward), stormwater runoff from construction and new structures on the beach or submerged lands.

Department of Health & Environmental Control
Ocean & Coastal Resource Management
1362 McMillan Ave.
Suite 400
Charleston, SC 29405
Tel: 843-953-0200
Fax: 843-953-0201

Aquaculture

There are 2,300 acres of intertidal oyster reefs within South Carolina. The South Carolina DNR can issue exclusive use permits to any qualified resident of the state for public trust lands (including intertidal and subtidal areas) for commercial shellfish culture or mariculture purposes, which include propagating, buying or selling fish, taking or attempting to take fish in order to derive income or other consideration, using commercial equipment, and otherwise being engaged in the fisheries industry with the intent to derive income. The DNR may condition the permits to guarantee public rights of access and non-conflicting uses of the permitted area. No more than 500 acres of bottoms of naturally reproducing shellfish grounds or 100 surface acres may be encumbered. The DNR determines the total acreage for each permit and the acreage capable of producing shellfish. The permits are valid for five years and are renewable. There is a $25 application fee and an annual fee of $5/acre.

The DNR also administers the South Carolina Oyster Restoration and Enhancement (SCORE) Program, assisted by community volunteers. SCORE promotes shellfish restoration on state submerged lands.

Department of Natural Resources
Marine Resources Division
217 Ft. Johnson Road
Charleston, SC  29412
Tel: 843-953-9300

Water Quality Management

While the OCRM is involved in stormwater runoff and sediment reduction, the Bureau of Water within the DHEC manages most other aspects of water quality. Conservation projects that may directly or indirectly affect water quality should contact the Bureau of Water.

Department of Health and Environmental Quality Control
Bureau of Water
2600 Bull Street
Columbia, S.C. 29201
Tel: 803-898-4300
Fax: 803-898-4215