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Permits Now Required for Water Structure

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Owners of floating water structures on the state's waters must now apply for a permit from the S.C. Department of Natural Resource (DNR) to keep those structures. Any structure that is not permitted will be deemed a public nuisance and will be subject to removal by the state. "Structure" is defined in part as structure located on any public waters capable of being used as a place of temporary or permanent habitation. The definition of a "structure" does not include registered or documented watercraft that is capable of navigation and are legally anchored or legally moored to a dock or marina.

Legislation (H.3466), which was passed this year, allows the owners of water structures to keep them on the water for up to five years with a permit from the DNR. The August 22, 2007 deadline for permit application has expired. A water structure will be considered a public nuisance after that date and will be subject to removal. A permit will allow the owner to maintain the structure for five years, after which the owner will be responsible for the cost of removing the structure. A permit may not be renewed, extended or transferred.

The following information will be required on the permit application:

  • A detailed description of the structure.

  • The structure’s location using latitude and longitude or marked on a United States Geological Survey topographic map.

  • DNR will inspect the structure to ensure it does not present a hazard to navigation nor encroach upon private property or a wildlife management area.

The managers of federally permitted major lakes, either power companies or the U.S. Corps of Engineers, are responsible for removal of water structures on those lakes.

The process to obtain a permit includes part of the following:

  • A detailed description of the structure.
  • The structure's location using latitude and longitude or marked on a United States Geological Survey topographic map.
  • DNR will inspect the structure to insure it does not present a hazard to navigation nor encroach upon private property or a wildlife management area.

DNR is responsible for removal of water structures. The managers of the major lakes, either power companies or the U.S. Corps of Engineers, are responsible for removal of water structures on lakes. Read H.3466 at South Carolina Legislature web site.

A permit means the owner will be responsible for the cost of removing the water structure in five years time.

South Carolina Department of Natural Resources
Rembert C. Dennis Building, 1000 Assembly Street, Columbia, SC 29201
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