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Regulatory Pathfinder
for Coastal Development in South Carolina

Pools

Pools require an Individual Permit. This means permits must be obtained from BOTH the federal and State governments. A pool in South Carolina is defined as a structure designed and used for swimming and wading. S.C. Code Regs. 30-1(D)(39).

If your pool is damaged less than sixty-six and two-thirds percent, as determined by pursuant to S.C. Code Regs. 30-5(A)(10), the owner is exempt from obtaining a new permit, and you can repair your pool after providing OCRM with acceptable documentation.

If your pool has been destroyed beyond repair, meaning more than sixty-six and two-thirds percent, OCRM must make this determination pursuant to S.C. Code Regs. 30-14(D)(3)(a). In no event may the property owner begin rebuilding or repairing a pool (other than emergency repairs) until the appraisal process has been completed.

Pools Seaward of the Baseline:

  1. No new pools shall be constructed seaward of the baseline;
  2. Pools may be reconstructed with an OCRM permit if the pool will be landward of an existing functional erosion structure or device;
  3. A pool may be reconstructed seaward of the baseline if the following conditions are met:
    1. There is no other place on the property suitable for a pool;
    2. The project's commercial viability is directly tied to the presence of the pool;
    3. The pool will not be constructed on the active beach and the owner will remove the pool when it comes onto the active beach;
    4. No erosion control devices can be built as a part of the pool structure and OCRM must approve the pool's design;
    5. The pool will be no larger than OCRM feels is necessary;
    6. The permittee agrees to conditions OCRM feels are necessary to promote the policies of the South Carolina Coastal Zone Management Act.

S.C. Code Regs. 30-15(F)(6)(b).

Last Updated October 29, 2010

ABOUT THIS PATHFINDER

This project was supported through a generous grant from the South Carolina Sea Grant Consortium. The principal investigator is Professor Kim Diana Connolly at the University of South Carolina School of Law. Two law students, Keith Bartlett and Valerie Cochran, provided invaluable work toward project completion. Technical assistance with web design was provided by USC School of Law webmaster Tobias Brasier. Broken links should be reported to lawweb@law.sc.edu. This website is NOT intended as legal advice, and particularized analysis by professionals should be sought wherever appropriate.

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