AGO 89-94.

• Case Date: September 20, 1989
• Court: South Carolina

South Carolina Attorney General Opinions 1989. AGO 89-94. 254 September 20, 1989OPINION NO. 89-94The State Budget and Control Board retains authority to render a final decision regarding the amendment of an existing permit issued to the State Ports Authority for the construction of the Wando Terminal; however, such jurisdiction by the Board does not preclude review of the proposed amendment by the South Carolina Coastal Council.TO: State Budget and Control BoardFROM: Robert D. Cook

Executive Assistant for Opinions

You have asked what agency, either the Budget and Control Board or Coastal Council, has jurisdiction "to authorize previously unauthorized work in an area designated as a 'critical area' under the Coastal Zone Management Act." More specifically, the State Ports Authority proposes to perform different work at the same location at which the Authority already possesses a Budget and Control Board permit. The Authority now seeks to extend the existing wharf (at Wando Terminal) approximately 1,373 feet in a northeast direction with approximately 20 acres of wetlands to be filled. It is our understanding that this new work will be confined to the 561 acres for which the original permit was granted. As we understand it, the Ports Authority has submitted a "petition to amend" the original permit to the Water Resources Commission, which is the agency designated by the Budget and Control Board to review the petition. The South Carolina Coastal Council, the Water Resources Commission and General Services have expressed the view that jurisdiction to entertain the Ports Authority petition lies with the Coastal Council. A brief background of the Coastal Zone Management Act, interpretations thereof and this particular permit is helpful. Prior to the creation of the Coastal Council by the Coastal Zone Management Act, see Section 48-39-10 etseq., South Carolina Code of Laws, 1976, the Budget and Control Board possessed jurisdiction regarding the issuance of permits for certain activities and construction in navigable tidal waterways. Previous to passage of the Coastal Zone Management Act, the Budget and Control Board issued a permit to the South Carolina State Ports Authority to construct a marine terminal facility on the Wando River. This permit has now been extended by the Board until 1994. On July 1, 1977, the Coastal Zone...