Introduced by Reps. Rodgers, Battle, Gilham and Miller

Indicates Matter Stricken

Indicates New Matter

COMMITTEE REPORT

April 18, 2002

H.4589

Introduced by Reps. Rodgers, Battle, Gilham and Miller

S. Printed 4/18/02--S.[SEC 4/19/02 12:25 PM]

Read the first time April 9, 2002.

THE COMMITTEE ON FISH, GAME AND FORESTRY

To whom was referred a Bill (H.4589) to amend Section 4839145, as amended, Code of Laws of South Carolina, 1976, relating to the application fee for a permit to alter a critical area, etc., respectfully

REPORT:

That they have duly and carefully considered the same and recommend that the same do pass with amendment:

Amend the bill, as and if amended, Section 4839145(A), SECTION 1, page 1, line 34, by striking / dollars. / and inserting / dollars, unless the application is for a dock one hundred feet or less in length, in which case the fee must be one hundred and fifty dollars. Applications for amendments or modifications of permits that must be placed on public notice must be charged an administrative fee of one hundred dollars. /

When amended, Section 48-39-145(A) shall read:

/ “(A)The department may charge an administrative fee upon application for a permit for alteration of a critical area as defined in Section 483910. Applications for permits which are noncommercial/nonindustrial in nature and provide personal benefits that have no connection with a commercial/industrial enterprise must be chargedpay an administrative fee not to exceed fiftyoneof two hundred fifty dollars, unless the application is for a dock one hundred feet or less in length, in which case the fee must be one hundred and fifty dollars. Applications for amendments or modifications of permits that must be placed on public notice must be charged an administrative fee of one hundred dollars. The department may raise or lower the fee by regulation after complying with the requirements of the Administrative Procedures Act. A reasonable fee, determined by the department, must be charged for permit applications when the planned or ultimate purpose of the activity is commercial or industrial in nature.” /

Renumber sections to conform.

Amend title to conform.

GREG GREGORY for Committee.

[4589-1]

A BILL

TO AMEND SECTION 4839145, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPLICATION FEE FOR A PERMIT TO ALTER A CRITICAL AREA AS DEFINED IN SECTION 483910 WHICH INCLUDES COASTAL WATERS, TIDELANDS, BEACHES, AND A BEACH DUNE SYSTEM, SO AS TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO RAISE OR LOWER THE FEE AFTER COMPLYING WITH THE ADMINISTRATIVE PROCEDURES ACT.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION1.Section 4839145(A) of the 1976 Code, as last amended by Act 497 of 1994, is further amended to read:

“(A)The department may charge an administrative fee upon application for a permit for alteration of a critical area as defined in Section 483910. Applications for permits which are noncommercial/nonindustrial in nature and provide personal benefits that have no connection with a commercial/industrial enterprise must be chargedpay an administrative fee not to exceed fiftyoneof two hundred fifty dollars. The department may raise or lower the fee by regulation after complying with the requirements of the Administrative Procedures Act. A reasonable fee, determined by the department, must be charged for permit applications when the planned or ultimate purpose of the activity is commercial or industrial in nature.”

SECTION2.This act takes effect upon approval by the Governor.

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