South Carolina's Flagship University

Regulatory Pathfinder
for Coastal Development in South Carolina

Regional Conditions for Nationwide Permits in South Carolina

These conditions must be met in order for your project to qualify for a Nationwide Permit in South Carolina.

  1. The applicant must implement best management practices during and after all construction to minimize erosion and migration of sediments off site. These practices may include use of devices capable of preventing erosion and migration of sediments in streams and wetland areas. These devices must be maintained in a functioning capacity until the area is permanently stabilized. All disturbed land surfaces must be stabilized upon project completion.
  2. Necessary measures must be taken to prevent oil, tar, trash, debris and other pollutants from entering the adjacent waters or wetlands.
  3. Any excess excavated materials not utilized as authorized back fill must be placed and contained on high land well away from waters of the U.S., including wetlands. Such material must be permanently stabilized to prevent erosion.
  4. Placement and/or stockpiling (double handling) of excavated material in waters of the U.S, including wetlands, is prohibited unless specifically authorized by the nationwide permit verification. Should double handling be authorized, the material must be placed in such a manner to allow for adequate circulation of water and not be dispersed by currents or other erosive forces.
  5. Once project construction is initiated, it must be carried to completion in an expeditious manner in order to minimize the period of disturbance to aquatic resources and surrounding environment.
  6. The permittee must notify the Corps of Engineers, Charleston District in the event archaeological or paleontological remains are found during the course of work. Archaeological remains consist of any materials made or altered by man, which remain from past historic or prehistoric times (i.e., older than 50 years). Examples include old pottery fragments, metal, wood, arrowheads, stone implements or tools, human burials, historic docks, structures, or non-recent (i.e., older than 100 years) vessel ruins. Paleontological remains consist of old animal remains, original or fossilized, such as teeth, tusks, bone, or entire skeletons.
  7. Use of nationwide permits does not obviate requirements to obtain other Federal, State, county or local government authorizations.
  8. With the exception of NWP 38, no NWP is authorized in areas of known or suspected sediment contamination for the Cleanup of Hazardous Wastes.

Here is a link to the Nationwide Permit Regional Conditions for South Carolina

Last Updated October 29, 2010


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.