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The navigable water rights in SOUTH CAROLINA, are a bit different. Here, everything that can float a canoe or kayak is considered navigable, and is governed as part of the Public Trust. The submerged lands under these waterways CANNOT be owned by anyone and have to be maintained for use by the public. When SC made their Navigable Water laws they used a broad blanket approach and included EVERYTHING that could ever potentially be used to float ANY vessel. The SC Department of Mines (SCDHEC) dose not require us to have a permit, as long as we are dredging as a hobby (not for profit) and do not come out of the river with our operations. There is no size limitation as long as you are not operating for a profit. IF YOU LEAVE THE RIVERBED WITH YOUR OPERATION YOU ARE REQUIRED TO HAVE A MINING PERMIT!!!! SCDNR has no regulations pertaining to dredging. We are not required to have a permit from the EPA unless we move more than 50,000 cubic yards in a year. The only person who cares what we do in the state of SC is the Head Underwater Archaeologist with the SCIAA, He has tried to use "The Underwater Antiquities Act of 1991" to stop me from dredging in the state of SC. However Unfortunately for him, his jurisdiction stops where the tide stops being an influence on the waterway. So, most inland waterways are WAY OUTSIDE of his control.
The submerged lands in SC follow the regulations of whatever property is beside them. So, if a National Forest, State/County/City Park (Government Land) is beside the waterway you are not allowed to dredge. If one side is Government owned and one side is Privately owned, you are not allowed to dredge. If both sides are privately owned, you are allowed to dredge, as long as you can access the property without crossing private land. You have to come in from a road, railroad, or some other type of Public right of way, or have permission from a landowner to cross their land. Once you are on the waterway you can go up and down as you wish, Be mindful of the Gov. lands that you may encounter going up or down river, you can cross these Gov. lands in the river, but you are not allowed to crank your dredge!!! Lakes and Ponds are completely privately owned, you are not allowed to dredge here without permission from the landowner.
I hope I have not confused this issue any further. These laws are very hard to understand and go in a hundred different directions at the same time. Once I get it all figured out, I am considering writing a book explaining it all...... If my head doesn't implode from trying to figure out the complexity of the whole thing. |
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