Construction in Navigable Waters

Any activity, such as construction, dredging, filling or other alterations, below the mean high water line (tidal waters) or the ordinary high water mark (nontidal waters) in a navigable waterway of South Carolina must first receive a Construction in Navigable Waters Permit. The only navigable waterways in South Carolina where this permit is not required is in tidal areas (also know as critical areas) that are under the direct permitting jurisdiction of DHEC's Office of Ocean and Coastal Resources Management.

A Construction in Navigable Waters Permit may be required even when a U.S. Army Corps of Engineers permit is not required. A separate Construction in Navigable Waters Permit is not required for activities which require another DHEC permit or certification, including but not limited to 401 Water Quality Certifications, water supply permits, National Pollutant Discharge Elimination System permits, wastewater construction permits, and mining permits. These permitting/certification areas will coordinate with the Construction in Navigable Waters Permitting staff to insure the provisions of this regulation are adhered to.

South Carolina's Definition of Navigable Waters State navigable waters means those waters which are now navigable, or have been navigable at any time, or are capable of being rendered navigable by the removal of accidental obstructions, by rafts of lumber or timber or by small pleasure or sport fishing boats. Navigability shall be determined by the South Carolina Department of Health and Environmental Control (DHEC). All navigable waters of South Carolina are considered as public trust properties either by virtue of State ownership of the streambed or by navigational servitude or both. The State of South Carolina is the custodian of these lands and/or waters, and it is within the interest of the State to protect the public interest in which these lands are held. The Construction in Navigable Waters Permit program is designed to insure that the varied interests and uses of South Carolina navigable waters by the general public are fully considered by a comprehensive review of proposed activities subject to this authority.

View Current Public Notices & Notices of Proposed Decision

Regulation(s)

R.19-450, Permits for Construction in Navigable Waters

Water Classifications and Standards, [61-68] EPA Approved November 28, 2001

Water Pollution Control Permits, [61-9]

For a copy of a regulation, contact Chuck Hightower at (803) 898-0369.

Permit Process

  1. Applicant obtains and completes application form.
  2. Applicant submits original application to the US Army Corps of Engineers (Corps), Charleston District, or DHEC.
  3. The application is reviewed for completeness and is distributed to appropriate individuals and agencies through a public notice. If the application is not complete, the required information must be provided before the public notice is distributed.
  4. DHEC sends applicant copy of fee ($50, $100 or $500) and public notice requirements.
  5. DHEC evaluates the information provided and determines if additional information needed. If so, applicant is contacted.
  6. DHEC waits for: 15 or 30 day comment period to end, receipt of fee, affidavit of public notice and any requested information.
  7. If DHEC receives a State agency objection to the application, the applicant is so informed and directed to contact the objecting agency in an attempt to develop a reconciliation.
  8. DHEC prepares staff assessment of impacts.
  9. DHEC mails Notice of Proposed Decision (NOPD) to applicant, adjacent property owners, agencies, and commentors.
  10. DHEC waits 15 day appeal period.
  11. If no appeals received, DHEC mails appropriate final permit to the applicant and the Corps, if necessary.

General Permits (free Excel viewer)

Related Documents

A Guide to Permitting in Navigable Waters of South Carolina (PDF-70KB)
Best Management Practices for Construction (PDF-15KB)
Map of Navigable Waters in South Carolina (PDF-3M)

Contact

Chuck Hightower, Section Manager, (803) 898-0369
Map With DHEC Project Manager Contacts (PDF)

Each entity listed below has regulatory or review authority in the Construction in Navigable Waters Permit process.

DHEC - Office of Ocean and Coastal Resource Management
S.C. Department of Natural Resources
U.S. Fish and Wildlife Service
National Marina Fisheries Service
S.C. Department of Archives and History
S.C. Forestry Commission
U.S. Environmental Protection Agency
S.C. Attorney General's Office
S.C. Institute of Archaeology and Anthropology
S.C. State Ports Authority
S.C. Department of Parks, Recreation and Tourism
S.C. Department of Transportation

Bureau of Water . Phone: (803) 898-4300 . Fax: (803) 898-4215 . Contact Us