No motor vehicle shall be operated on the beach. This section shall not apply to authorized emergency vehicles. The beach shall be defined as being any area south of the last paved street adjacent to the Atlantic Ocean.

(`95 Code, § 8-2-2) Penalty, see § 151.99

   It shall be unlawful to damage, destroy, alter, level or remove any sand dune or any part thereof within the city, or any vegetation, shrubbery, trees on the sand dune or beaches within the city without having first obtained a written permit from the city in accordance with the guideline and requirements of the City Council. The presence of any person, vehicle, cart or watercraft, on the sand dunes without permit shall be unlawful.

(`95 Code, § 9-3-6) Penalty, see § 151.99

   It shall be unlawful for any person to cut, break or otherwise destroy sea oat plants or any part thereof on public or private property within the city. Any person violating the provision of this section shall be guilty of a misdemeanor and, upon conviction, shall be punished. Each violation shall constitute a separate offense.

(`95 Code, § 9-3-7) (Am. Ord. passed 11-2-79) Penalty, see § 151.99

   Similar state law, see S.C. Code § 16-11-590

   (A)   Any activity in a congested area on the front beach or other public area that endangers the safety of the crowd is prohibited, including surfing among swimmers and various ball games on the beach.

   (B)   There is hereby created a “swimming zone” which shall extend in the water area of the Atlantic Ocean from 3rd Street East to 3rd Street West. This zone is designated for the enjoyment and safety of individuals who want to swim, play, or just stand inthe ocean. No other activity shall be allowed in said zone. Said zone shall be hereinafter referred to as the swimming zone.

   (C)   Swimming must be within 50 yards of shore and no more than chest deep. This limitation does not apply to surfing. Swimmers and waders must be at least 200 feet from the pier or a distance set at the discretion of the lifeguards to ensure swimmers’ and waders’ safety.

   (D)   There shall be no surf fishing in the designated swimming zone. It shall be unlawful for any person to catch or take, or attempt to catch or take any shark or other marine animals that may endanger the public from designated swimming zone.

   (E)   There shall be persons duly appointed as ocean rescue lifeguards, or deputies or public safety officers who shall have the power and authority to supervise and regulate surf fishing, physical activities and swimming on front beach, strand and the Atlantic Ocean within the jurisdiction of the city, and in such areas shall have the responsibility to maintain peace and order. Such ocean rescue lifeguards, deputies or public safety officers shall have the power and authority to recall from the ocean waters and the surf adjoining the waters any person who shall be in the ocean waters a distance of more than 50 yards from the point where the waters adjoin the strand, or who shall be more than chest deep at any time, or when such person shall be in danger of drowning or becoming imperiled or may imperil the safety of others, all of which shall be determined in the discretion of such deputies, police officers or ocean rescue lifeguards authorized by them.

   (F)   Such personnel shall have the authority to recall from the ocean waters any person who shall be in the ocean waters at any distance at any time when the condition of the wind, water, weather or any hazard, including the physical or mental condition of the person in the ocean waters, shall be such, in the discretion of such personnel as described in this section, as to constitute a danger to the health, life, or safety of such person or other persons within such ocean waters.

   (G)   It shall be unlawful for any person to disobey the instructions of any ocean rescue lifeguard, deputy, or public safety officer authorized by the city with regard to activities on the beach and in the ocean.

   (H)   No unauthorized person shall climb, sit, stand or cause someone else to climb, sit or stand on any ocean rescue lifeguard station or ladder unless told to do so by an ocean rescue lifeguard or other city authorized personnel.

   (I)   No person shall tamper with lifesaving equipment, structures, signs or buoys on the beach or in the ocean.

   (J)   No person shall cause a false rescue or call for help when it is not needed, or to cause an ocean rescue lifeguard to enter the water upon a false rescue, or to leave his or her tower or to have his or her attention drawn to a false alarm.

   (K)   No person shall willfully resist, delay or obstruct any ocean rescue lifeguard in the discharge or attempt to discharge any duty of his or her position.

   (L)   Beach umbrellas and other beach paraphernalia which might obstruct the view of the ocean rescue lifeguard will be placed at a distance of at least ten feet to the rear (inland side) of the ocean rescue lifeguard stands. No obstruction shall be placed in such a position that it interferes with an ocean rescue lifeguard's ability to see the water and the ocean rescue lifeguard stands on either side of him or her. The ocean rescue lifeguard shall locate the ocean rescue lifeguard stand according to the tides to insure public safety for sun bathers and beach walkers and has the authority to direct any person to move any beach equipment if the ocean rescue lifeguard stand has to be moved because of the tide, so as to not violate this section.

   (M)   No person shall ride, use or otherwise employ a surfboard in or upon the Atlantic Ocean within 200 feet of any portion of any pier; nor shall a person ride, use or otherwise employ a boat or other vessel or otherwise be in or upon the Atlantic Ocean within 300 feet of any portion of any pier. The prohibition of this section shall not apply to ocean rescue lifeguards or other emergency personnel acting in the course of official duty.

(`95 Code, § 9-5-2) (Am. Ord. 14-08, passed 7-22-08; Am. Ord. 03-16, passed 3-8-15) Penalty, see § 151.99

   (A)   No person shall use or assist anyone in using any device commonly known as a “surfboard”, “skimboard”, “paddle board”,”kayak”, “kiteboard”, “windsurfboard”, or any other apparatus or device of a hard or solid nature similar to and used for the purposes for which the aforementioned are generally used (hereinafter collectively referred to as a surfboard) within the swimming zone from May 15 through September 15 between the hours of 10:00 a.m. and 6:00 p.m. In the event that surf conditions are deemed unsafe for swimming and posted as such by the appropriate authorities, surfboards are permitted in the swimming zone regardless of the date or time.

      (1)   From September 16 through May 14, there is no area where surfing is restricted on Folly Island, except surfing is always prohibited within 200 feet of any fishing pier which now exists or hereafter is erected or built.

      (2)   It shall be unlawful for any person to use a surfboard, sailboat, motor boat, personal watercraft (as defined below), or any other device or craft in a manner as to become or present a hazard to bathers, swimmers, surfers and other persons in the waters along the public beach or to fail, neglect, or refuse to keep his or her surfboard, sailboat, motorboat, or personal watercraft under reasonable control at all times.

   (B)   At all times of the year persons surfing are required to wear a surf leash attaching the surfboard to the surfer, which device is intended to prevent the surfboard from being separated from, getting away from, or out of the immediate control of the surfer.

         (a)   Has an outboard motor or an inboard motor which uses an internal combustion engine powering a water jet pump as its primary source of propulsion;

         (b)   Is designed with the concept that the operator and passenger ride on the outside surfaces of the vessel as opposed to riding inside the vessel;

         (c)   Has the probability that the operator and passenger, in the normal course of use, may fall overboard.

         (d)   A vessel commonly known as a "jet ski".

   (D)   Personal watercraft, whether commercial or personally owned, shall be launched and beached only at permitted sites. Permitted sites are defined as:

      (1)   The boat ramp on the Folly River;

      (2)   Two boat launching lanes, 50 feet wide each, shall be located, the first, east of the swimming zone directly oceanside of the 2nd Street East right-of- way and beach access, and the second, west of the swimming zone directly oceanside of the 3rd Street West right-of-way and beach access; and

      (3)   Any other location approved by City Council.

   (E)   All personal watercraft must go straight in and straight out of the launching lane, operating at idle speed and no faster than necessary to maintain control, and not generate or cause a wake or exceed five miles per hour, whichever is less. Commercial operators (hereinafter "vendors") must provide one employee within the launching lane to catch and release incoming and outgoing personal watercraft. These employees must be in the water when personal watercraft rented by their companies are approaching or exiting.

   (F)   All personal watercraft must be operated ocean side of the fishing pier, but within binocular viewing range of the vendor's observation point.

   (G)   All state ordinances regulating personal watercraft must be followed.

   (H)   No person under the age of 16 years shall operate a personal watercraft, unless such person has certification of completion of a boater safety course offered by the South Carolina Department of Natural Resources, or any other similar governmental entity from the person's home state. Persons age 16 and over must have a driver's license.

   (I)   Before a personal watercraft may be operated within the boundaries of the City of Folly Beach, all personal watercraft owners shall first apply for a motorized watercraft license for a fee of $25. The motorized watercraft license shall be a number assigned to all personal watercraft which shall be affixed to said personal watercraft in such a manner as to be visible from shore. In addition to the number, all vendors shall also affix the name of the business on both sides of the personal watercraft in six-inch letters of contrasting color with that of the personal watercraft. The motorized watercraft license also serves as permission for vendors to store commercial personal watercraft on the beach in an unobtrusive way during months when in business, provided permission is granted on an annual basis by the Code Enforcement Officer. Methods of storage must be approved by the Code Enforcement Officer as to location and appearance. Complaints by residents and property owners about the storage location, appearance, or maintenance may be taken into account as to whether permission is granted. All personal watercraft must be removed from the beach prior to any tropical storm or hurricane.

   (J)   All employees of vendors shall be certified in CPR. Vendors shall provide, maintain, and train all employees in the use of an automated external defibrillator ("AED") . CPR certification and proof of ownership of AED shall be presented when a vendor applies for a City of Folly Beach license.

   (K)   Vendors shall have one CPR certified employee with no additional responsibilities to watch their company's personal watercraft from shore with binoculars. Vendors shall also have one personal watercraft in reserve at all times to be used to assist, contact, or otherwise reach their company's personal watercraft.

   (L)   Vendors are required to enter into a contract with the City of Folly Beach (see § 151.60).

   (M)   Vendors shall adhere to certain requirements for renters of personal watercraft and to give minimum instruction to said renters. These requirements are more fully described in a contract between the city and the vendor.

   (N)   Alcohol and drug use are strictly prohibited by all employees of vendor prior to and while on duty, and all operators of personal watercraft.

   (O)   Insurance as set forth in the contract must be maintained by the vendor. A minimum of $1,000,000 in liability coverage is required.

   (P)   Personal watercraft expressly do not have the right of way. All personal watercraft must yield to swimmers, surfers, non-motorized boats, kiteboards, or boogie boards.

   (Q)   Personal watercraft are not permitted to be launched or beached when the ranking officer of the Folly Beach Public Safety Department or the Chief Lifeguard for the Charleston County Parks and Recreation Commission deem their presence or operation to be unsafe. Such designation may be due to high surf, high wind, number of swimmers, or any other condition which would render the operation of personal watercraft unsafe.

   (R)   Commercial personal watercraft must be replaced by vendor every four years, or when such personal watercraft are deemed a threat to the environment by the Code Enforcement Officer, whichever is sooner. All commercial personal watercraft must be the most environmentally sensitive (as determined by miles per gallon of fuel, oil usage, discharge of fumes/contaminants, best engine capabilities, and any other environmental criteria in the industry at the time) available at the time of purchase by the vendor.

   (S)   Motorized vehicles used by vendor to transport personal watercraft or renters thereof may only be parked on the beach next to the area permitted for storage of the personal watercraft, if any, in an unobtrusive and secure manner, and as approved by the Code Enforcement Officer. Otherwise, motorized vehicles may not be parked or stored on the beach. Such vehicle must not cross any dunes and must have a low environmental impact. Use of motorized vehicles must be limited to business activities only, and routes taken must correlate closely to business need (such as transporting trailers with personal watercraft directly to the water or storage site, delivering riders to the launch lane.) Motorized vehicles may not be used by non-vendors to transport personal watercraft.

   (T)   Commercial personal watercraft and any motorized vehicles owned by a vendor must be available for use in emergencies by Public Safety or other emergency personnel.

(`95 Code, § 7-3-1) (Am. Ord. 2-95, passed 4-4-95; Am. Ord. 08-08, passed 8-26-08; Am. Ord. 11-12, passed 4-24-12) Penalty, see § 151.99

   It shall be unlawful for any person to rent any life raft, float or other similar device which is larger than rafts known as one-man life rafts.

(`95 Code, § 7-3-2) Penalty, see § 151.99

   (A)   Surfing or swimming is hereby prohibited within 50 feet of any groin and within 200 feet of the pier. Fishing from or walking on any groin is also hereby prohibited.

   (B)   It shall be unlawful for any person involved in attempting to catch or take, or catch or take any shark or other marine animals that may endanger the public from the pier.

   (C)   Any person(s) who surf fishes outside of the swim zone or conducts fishing of any type from a pier at any time of the year, shall not fish in a manner that presents an unsafe condition to any beach goers, sun bathers, swimmers, or any other person and shall keep a safe distance from them.

   (D)   Any person who surf fishes must obtain a valid South Carolina issued surf fishing license in accordance with South Carolina state law.

(`95 Code, § 7-3-3) (Am. Ord. 03-98, passed 2-17-98; Am. Ord. 03-16, passed 3-8-16) Penalty, see § 151.99

   (A)   All glass containers and cans are prohibited on the beach, with the exception that cans are allowed in coolers. However, all cans must remain in the cooler at all times provided cans may be removed briefly for the purpose of transferring the contents to a paper or plastic cup.

   (B)   All single-use plastic carryout bags, all balloons, and all plates, bowls, cups, containers, lids, trays, coolers, ice chests, and similar articles that consist of expanded polystyrene foam (also known as "Styrofoam"™) are prohibited on the beach.

(`95 Code, § 7-3-4) (Ord. 84-22, passed 12-18-84; Am. Ord. 23-11, passed 7-12-11; Am. Ord. 31-16, passed10-18-16) Penalty, see § 151.99

   (A)   No persons shall dig any hole to a depth of greater than 12 inches.

   (B)   Anyone digging a hole or creating a structure on the beach must restore the sand to its natural condition before leaving the beach but in no case not later than 30 minutes prior to sunset as stated by the National Weather Service.

   (C)   (1)   Shovels, except those that are intended for use by children, are prohibited on the beach. Metal shovels of any type are prohibited on the beach.

   (D)   Anyone in violation of the regulations listed above in divisions (A) through (C) will be subject to the general penalties stated in § 10.99)

(Ord. 21-19, passed 6-11-19) Penalty, see § 10.99

   (A)   The purpose of this chapter is to protect the public health, safety and welfare by:

      (1)   Prohibiting long-term stowage of boats and other watercraft on the public beach, where their safe storage is threatened by storms, high tides, erosion and hurricanes;

      (2)   Prohibiting on-going destruction of the dune system from long-term boat and watercraft stowage on the beach.

   (B)   For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   (C)   No person owning, possessing or controlling a boat or other watercraft shall place or allow it to be placed on the public beach for any period in excess of 12 hours or at any time after sunset.

   (D)   The bringing onto or removal from the beach of any boat or watercraft which results in damage to primary or secondary dunes, or damage to sea oat or dune vegetation, is prohibited. Any boat or watercraft which is placed or located at any time atop any primary or secondary dunes shall be fined $500 and may be subject to immediate impoundment.

   (E)   The Public Safety Department is hereby authorized to remove and tow away, or have removed and towed away, any boat or watercraft in violation of this section. In addition to the penalties provided fro in § 151.99, the owner shall pay all costs incurred by the city or its designee in the impoundment and storage of such boat or watercraft.

(Ord. 11-95, passed 11-21-95; Am. Ord. 30-06, 7-25-06; Am. Ord. 24-10, as amended, passed 10-26-10; Am. Ord. 23-15, passed 12-8-15) Penalty, see § 151.99

   (B)   If upon inspection, Beach Vitex is found to be planted or growing on any property located in the city, the city shall have the right to enter the property and remove the plant.

   (C)   No action shall be taken without due notification of the property owner.

(Ord. 44-05, passed 7-26-05) Penalty, see § 151.99

   (A)   It shall be unlawful for any person to throw or leave any trash, rubbish or other debris of any kind whatsoever on the beaches of the city unless such trash, rubbish or other debris is deposited in a trash receptacle placed on or near the beach for such purpose.

   (B)   It shall be unlawful for any person to leave or abandon any personal property of any kind whatsoever on the beaches of the city unless such property is deposited in a trash receptacle placed on or near the beach for such purpose.

(Ord. 24-08, passed 8-26-08)

   (A)   Tents, canopies, beach chairs, kites, volleyball nets, coolers, beach umbrellas, boats or other watercraft, and similar property, which are left on the beach after sunset, shall be deemed abandoned and the City of Folly Beach shall have the right to take possession of the property. The property shall belong to, and be subject to disposal by, the City of Folly Beach.

   (B)   No personal property, boat or other watercraft shall be located within 25 feet of any emergency beach access or any turtle nest.

(Ord. 24-08, passed 8-26-08; Am. Ord. 23-15, passed 12-8-15)

   (A)   Smoking shall be prohibited on the beach and at beach access points.

   (B)   For the purposes of this chapter smoking shall be defined as the carrying or holding of a lighted or activated pipe, cigar, cigarette, electronic smoking device, or any other lighted or activated smoking product or equipment used to burn any tobacco product, plant, or any other combustible substance. Smoking includes emitting or exhaling the fumes or vapor of any pipe, cigar, cigarette, electronic smoking device, or any other lighted smoking equipment used for burning any tobacco product, plant, or any other combustible substance.

   (C)   No person shall dispose of any cigarette, cigar, tobacco, or smoking product or equipment or any part thereof, on any beach or beach access point, except in a designated waste disposal container. Violations hereof are also punishable as violations of § 151.13, and subject to any criminal, civil or other legal remedies established by law that may be pursued to address littering and violations of the municipal code.

   (D)   The Public Safety Department, as well as all code enforcement personnel, shall have the power to enforce the provisions of this section.

   (E)   A person who smokes in an area where smoking is prohibited by the provisions of this section shall be guilty of an infraction, and be subject to a fine of $25 for the first violation; $50 for a second violation within one year; and $100 for a third and subsequent violations within one year.

(Ord. 07-21, passed 3-10-2021)

   (A)   Any individual or contractor who desires to use an access to the beach will place in the access portable metal or wood mats for the purpose of moving equipment or material on the beach.

   (B)   The contractor or individual will remove the mats as soon as he or she no longer needs them to move equipment or material.

(`95 Code, § 5-3-19) (Ord. 78-8, passed 7-18-78)

   Upon approval of the erosion control line by the State Coastal Council, permits for erosion control structures will be provisioned so that structures will be located at the erosion control line as shown on the maps, hereby incorporated by reference and available at the Coastal Council office and at City Hall.

(`95 Code, § 5-3-20) (Ord. 83-10, passed 8-2-83)

   (A)   The erosion control line may be extended or modified as conditions warrant. Any change must be approved by the city and the State Coastal Council after a public notice period of 30 days.

   (B)   Changes will then be recorded on the base maps.

(`95 Code, § 5-3-21) (Ord. 83-10, passed 8-2-83)

   (A)   For the purposes of this section, the following definitions shall apply:

      (1)   New or substantially improved erosion control devices cannot be combined in a manner that would compound flooding, significantly impair drainage, cause adjacent shoreline impacts, or cause any negative impacts to dune or marsh growth. However, mixed use of erosion control methods dictated by site conditions on property can be permissible in the same contiguous linear plane.

      (2)   Any erosion control device placed wholly or in part within the Dune Management Area or the critical line setback must be maintained in an intact condition or removal may be required at the owner's expense.

      (3)   Construction of erosion control devices, as well as the placement of riprap and revetments, shall require a permit from the city and proof of location behind the SCDES critical line or baseline in the form of a pre-construction survey with an SCDES certified critical line or baseline location and an as-built survey showing as-built improvement and the certified baseline or critical line as applicable.

      (4)   No portion of an erosion control device, riprap, or revetment shall be placed seaward of the baseline or beyond the critical line.

      (5)   Construction or repair of erosion control devices on the beach from May 1 through October 31 is subject to the following requirements.

         (a)   The building permit holder must contact the Folly Beach Turtle Watch Permit Holder each day prior to the commencement of work. The Folly Beach Turtle Watch Permit Holder will provide verification that there are no active turtle nests in the work area. Verification will be provided prior to 8:00 a.m.

         (b)   If an active nest is in the work area, work must stop until the nest is relocated. If a turtle nest located in the work area is established before permitted work begins and can not be relocated, construction cannot begin until the nest hatches.

         (c)   The work area shall be defined as the area within 25 feet of the location of the seawall or the path used to access the site.

      (1)   No new or substantially improved vertical unfaced seawall shall be allowed on the ocean front.

      (2)   Any new or substantially improved vertical seawall surface must maintain a setback of at least 25 feet from the perpetual easement line except that a new or substantially improved vertical seawall surface located seaward of a habitable structure closer than 25 feet from the PEL shall be placed as close the structure as is feasible.

      (3)   New or substantially improved seawalls and associated revetments placed wholly or partly within the Dune Management Area must be constructed so that the top of the vertical seawall is at an elevation of eight feet NA VD 88.

      (4)   Any area with in the Dune Management Area disturbed for the construction or repair of a seawall or revetment shall be filled such that the finished grade of the area of disturbance is at an elevation of ten feet NAVD 88 and planted with appropriate vegetation as designated by the Building Official.

      (5)   Seawalls shall be designed by a certified design professional, registered in the state and shall meet the following minimum standards:

         (a)   Seawalls shall be constructed of either:

            1.   Reinforced concrete six inches thick designed with adequate reinforcement to achieve a 3,000 psi 28-day strength, or

            2.   Pressure treated wood three inches by ten inches or three inches by 12 inches tongue and groove, or a double thickness of two inches sheeting with staggered joints is acceptable for walls with a standing height of under four feet.

         (b)   The depth of embedment of a seawall shall be at least equal the height of the wall above the ground. An allowance should be made to account for erosion scour after construction.

         (c)   Tiebacks shall be located at a spacing of eight feet or less and attached to secure anchors capable of withstanding a 2,000- pound pull. Tiebacks may be deleted if a revetment is placed seaward of the seawall.

         (d)   Seawalls shall be backfilled with a compacted clean granular material to provide adequate support. “Clean” shall mean no metal, wood or glass.

         (e)   Seawalls will either tie into adjacent seawalls or will have an adequate return wall meeting the same design requirements as the seaward wall. Return walls must continue landward far enough to prevent flanking after the erosion of the dune system seaward of the wall.

         (f)   Any new or substantially improved vertical seawall surface must maintain a setback of at least 25 feet from the perpetual easement line except that a new or substantially improved vertical seawall surface located seaward of a habitable structure closer than 25 feet from the PEL shall be placed as close the structure as is.

      (6)   Any new or substantially improved vertical seawall surface must be faced with a sloping revetment. Revetments shall be designed by a certified design professional, registered in the state and shall meet the following minimum standards:

         (a)   The outside of a revetment shall consist of at least two layers of armor stones whose pieces shall range in weight from a minimum of 50 pounds to a maximum of 250 pounds; at least 60% shall weigh more than 150 pounds. Broken pavement, blocks or bricks are not acceptable materials for the outer layer of a revetment. However, they may be used for under layers.

         (b)   Revetments shall be underlain with a commercial grade porous filter cloth designed for ocean erosion control and approved by the Building Official (e.g. Phillips 66 stock or equal) and placed on a slope no steeper than one vertical to two horizontal.

         (c)   The toe of the revetment shall extend at least two feet below the existing beach elevation.

         (d)   In no case shall the toe of the revetment be located closer than 5 feet from the perpetual easement line.

      (1)   New or substantially improved bulkheads or associated riprap located wholly or partly with in the required setback from the critical line must be constructed so that the top of the vertical structure is no higher than the highest average grade on the property.

      (2)   Bulkheads and retaining walls shall be designed by a certified design professional, registered in the state.

         (a)   Bulkheads and retaining walls shall be backfilled with a compacted clean soil to provide adequate support. “Clean” shall mean no metal, wood or glass.

         (b)   Bulkheads shall either tie into adjacent bulkheads or will have an adequate return wall.

      (3)   Broken pavement, blocks or bricks are not acceptable materials for riprap.

      (4)   Riprap used as the foundation of a berm must be designed by a certified designed professional registered in the State of South Carolina so as to prevent movement into the critical area.

      (1)   Berms shall be designed to prevent shedding of storm, flood and tide waters onto adjacent properties and a no adverse impact statement in congruence with other city ordinances including floodplain ordinances shall be included on designs provided during permitting.

      (2)   Berms shall be tied into existing grades along the entire length of their perimeter to ensure that berms are naturally appearing, and floodwaters are not impacting surrounding properties.

      (3)   Berms shall be compacted prior to planting, landscaping, or revegetation.

      (4)   Berms shall be landscaped with appropriate native vegetation such that at least 50% of the surface of the berm is covered by plant material when calculated using the a verage mature size of the proposed plantings. In the case of damage or erosion resulting in the loss of required vegetation, berms must be repaired and replanted to meet the requirements of this section.

      (5)   Naturally occurring, protected trees shall not be buried or incorporated within the berm so as to cause the trees to die unnaturally from piling up and stacking of soils above and around the natural ground level surrounding the tree trunks. Boxing of protected trees is acceptable.

      (6)   Any riprap used as the foundation of a berm must be completely covered by compacted earth so that no riprap is visible. In the case of damage or erosion resulting in the exposure or disturbance of riprap, berms must be repaired to meet the requirements of this section.

      (7)   Berms must be constructed so that the highest point of the berm is no more than three feet above the highest adjacent grade.

   (F)   Adherence to these minimum standards will not guarantee that erosion control devices will withstand wave or tidal forces or that it will protect against erosion. These standards are to prevent unsightly and inferior structures that would have little or no chance of success or could become a hazard or nuisance, and/or divert floodwaters to adjacent properties.

(Ord. 003-25, passed 5-13-25)

   If an applicant requests to build or rebuild a structure, including an erosion control structure or device, seaward of the proposed baseline that is not allowed otherwise, the city may issue a special permit to the applicant authorizing the construction or reconstruction upon verification from SCDES that the structure has received approval from the state. The structure shall not be constructed or reconstructed on a primary oceanfront sand dune or on the active beach. If the beach erodes to the extent the permitted structure becomes situated on the active beach, the permittee agrees to remove the structure from the active beach. However, the use of the property authorized under this provision, in the determination of the city, must not be detrimental to the public health, safety, or welfare.

(Ord. 28-98, passed - - 98; Am. Ord. 09-19, passed 2-11-19; Am. Ord. 001-25, passed 2-11-25)

   To protect the integrity of the front dune and to mitigate intrusion into ocean views from adjacent beachfront property, the following standards shall apply to the construction of new and replacement dune walkovers. These standards shall apply in addition to any and all regulations promulgated by the SCDES for dune walkovers incidental to residential uses on Folly Beach.

   (A)   Dune walkovers shall not be wider than six feet.

   (B)   Dune crossovers shall not be built more than three feet higher than required by beachfront management regulations, floodplain management standards, or other applicable requirements, or, in the absence of such requirements, no more than three feet above grade, excepting stairs and handicap access ramps leading to the first heated floor of the primary structure on the lot.

   (C)   Dune walkovers shall be constructed to extend beyond the toe of the seaward most dune.

   (D)   Observation decks shall be limited to 35 square feet in area. These may include benches, light storage, and other appurtenant features in accordance with SCDES and/or city floodplain management standards.

   (E)   Observation decks shall not be covered, roofed, or provided with any overhead structure.

(Ord. 05-06, passed 1-24-06; Am. Ord. 07-19, passed 2-11-19; Am. Ord. 001-25, passed 2-11-25)

   All portions of the city extending from the mean high water line to the primary dune through or to the first manmade object, whichever comes first, on property now platted on Folly Island and controlled by the city or the state shall be retained and preserved by the city in trust as an area of conservation for the purpose of protecting the ecology of the property, the adjoining property, and of the beaches of Folly Island, for enhancing the environment, and for the health, safety and welfare of the residents of the state.

(`95 Code, § 5-10-1)

   (A)   Any sand mined from the beach proper and placed on properties above defined shall henceforth and hereinafter be subject to the administration and police power of the City Council and shall not be subdivided into building lots.

   (B)   They shall be maintained and preserved for the benefit of all people in their natural state for the purpose of protecting the environment, ecology and health, safety and welfare of the city, property owners and residents of the state.

(`95 Code, § 5-10-2)

   No structure of any kind shall be constructed in the above defined area which is hereby established for conservation and preservation without the expressed written permission of the city and, where applicable, from Coastal Council.

(`95 Code, § 5-10-3) Penalty, see § 151.99

   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   AREA OF CONSERVATION. Any sand placed on the above defined properties will remain in its natural state with no manmade, artificial changes other than additional sand dunes or approved dune walkover structures. City Council will promulgate regulations defining approved dune walkovers.

   MAINTAINED AND PRESERVED. The city will utilize its administrative powers to prevent altering of this area in any way.

   MEAN HIGH WATER. The line established by survey on a series of plats titled Plat Showing Perpetual Easement for Beach Renourishment, dated June 1, 1992, and as recorded in the RMC Office.

   RETAINED AND PRESERVED. Property subject of this chapter shall not be subdivided in any manner into lots and that the city will utilize all legal means to guarantee that this natural habitat will be undisturbed.

   TRUST. The city shall act as custodian of the natural habitat in an effort to maintain it as protection against erosion caused by the sea, and for the health, safety and welfare of the public.

(`95 Code, § 5-10-4)

   (A)   The Beach Preservation Act of 2014 authorizes qualifying coastal municipalities to impose a beach preservation fee not to exceed 1% of the gross proceeds derived from the rental or charges for accommodations furnished to transients.

   (B)   The City of Folly Beach is a qualifying coastal municipality with shoreline on the Atlantic Ocean, a public beach, and a local accommodations tax not exceeding 1½%.

   (C)   An additional 1% beach preservation fee is hereby added to the accommodations tax for the purpose of nourishment, renourishment, maintenance, erosion mitigation, monitoring of beaches, dune restoration and maintenance, including planting of sea grass, sea oats or other vegetation useful in preserving the dune system, and maintenance of public beach accesses within the corporate limits of the City of Folly Beach.

(Ord. 12-14, passed 7-8-14)

   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   ARTIFICIAL LIGHT. Any source of light emanating from a manmade device, including but not limited to, incandescent mercury vapor, metal halide, or sodium lamps, flashlights, spotlights, street lights, vehicular lights, construction or security lights.

   BEACH. The area of unconsolidated material that extends landward from the mean low water line to the place where there is a marked change in material or physiographic form, or to the line of permanent vegetation (usually the effective limit of storm waves).

   FLOODLIGHTS. Reflector type light fixture, attached directly to a building and is unshielded.

   LOW PROFILE LUMINARIES. Light fixtures set on a base which raises the source of the light no higher than 48 inches off the ground, and designed in such a way that light is directed downward from a hooded light source.

   NEW DEVELOPMENT. New construction and remodeling of existing structures when the remodeling includes alteration of exterior lighting.

   PERSON. Any individual, firm, association, joint venture, partnership, estate, trust, syndicate, fiduciary, corporation, group or unit or federal, state, county or municipal government.

   POLE LIGHTING. Light fixture set on a base or pole which raises the source of the light higher than 48 inches off the ground.

   SOLAR SCREEN. Screens which are fixed installations and permanently project shade over the entire glass area of the window. The screens must be installed outside of the glass and must have:

      (1)   Visible light transmittance value of 45% or less (inside to outside;

      (2)   A minimum five-year warranty; and

      (3)   Performance claims supported by approved testing procedures and documentation.

      (1)   Visible light transmittance value of 45% or less (inside to outside);

      (2)   A minimum five-year warranty;

      (3)   Adhesive as an integral part; and

      (4)   Performance claims which are sup- ported by approved testing procedures and documen- tation.

(Ord. 8-92, passed 4-21-92; Am. Ord. 11-97, passed 7-1-97; Am. Ord. 18-99, passed 7-13-99; Am. Ord. 007-23, passed 4-11-23; Am. Ord. 026-24, passed 12-10-24)

   The purpose of this subchapter is to protect the threatened loggerhead sea turtles which nest along the beaches of the city, by safeguarding the hatchlings from sources of artificial light.

(Ord. 8-92, passed 4-21-92; Am. Ord. 11-97, passed 7-1-97; Am. Ord. 18-99, passed 7-13-99; Am. Ord. 31-08, passed 12-30-08)

   (A)   It is the policy of the city that no artificial light illuminate any area of the beaches of the city during nighttime hours from May 1 to October 31 of each year.

   (B)   To meet this intent, if lighting associated with construction or development can be seen from the beach, all building and electrical plans for construction of single family or multi-family dwellings, commercial or other structures, including electrical plans for parking lots, dune walkovers or other outdoor lighting for real property shall be in compliance with the following:

      (1)   Floodlights shall be prohibited. Wall mounted light fixtures shall be fitted with hoods so that no light illuminates the beach.

      (2)   Pole lighting shall be shielded in a way that light will be contained within arc of three to 73 degrees on the seaward side of the pole. Outdoor lighting shall be held to the minimum necessary for security and convenience.

      (3)   Low profile luminaries shall be used in parking lots and the lighting shall be positioned so that no light illuminates the beach.

      (4)   Dune crosswalks shall utilize low profile shielded luminaries. Only mushroom-type light fixtures, which direct light downward, shall be permitted. Such lighting shall also meet the following requirements:

         (a)   Fixtures shall be installed at least 25 feet apart and not more than one foot above the surface of the walkovers.

         (b)   Illumination shall be limited to 25 watts through the use of "bug" type bulbs.

      (5)   Lights on balconies shall be fitted with hoods so that lights will not illuminate the beach.

      (6)   Tinted or filmed glass shall be used in windows facing the ocean beginning at the first floor level of multi-story structures. Shade screens can be substituted for this requirement.

      (7)   (a)   Temporary security lights at construction sites shall not be mounted more than 15 feet above the ground.

         (b)   Illumination from the lights shall not spread beyond the boundary of the property being developed, and in no case shall those lights illuminate the beach.

   (C)   The provisions of this section shall not apply to any structure for which a building permit has been issued by the Building Official, prior to the effective date of this subchapter.

(Ord. 8-92, passed 4-21-92; Am. Ord. 11-97, passed 7-1-97; Am. Ord. 18-99, passed 7-13-99; Am. Ord. 31-08, passed 12-30-08; Am. Ord. 026-24, passed 12-10-24) Penalty, see § 151.99

   (A)   It is the policy of the city that no artificial light illuminate any area of the beaches of the city during nighttime hours from May 1 to October 31 of each year.

   (B)   To meet this intent, lighting of existing structures which can be seen from the beach shall be in compliance with the following.

      (1)   Lights illuminating buildings or associated grounds for decorative, non-motion detecting security, or recreational purposes shall be shielded or screened such that they are not visible from the beach and will be turned off during nighttime hours from May 1 to October 31 of each year.

      (2)   Lights illuminating dune crosswalks shall be turned off during nighttime hours from May 1 to October 31 of each year.

      (3)   Motion detecting security and safety lighting shall be permitted throughout the night so long as low profile luminaries are used and screened in a way that those lights do not illuminate the beach.

      (4)   Window treatments in windows facing the ocean at the first floor of single-story or multi-story structures are required so that interior lights do not illuminate the beach. The use of blackout draperies or shade screens are preferred. The addition of tint or film to windows or awnings is also encouraged, as is turning off unnecessary lights if the lights illuminate the beach.

(Ord. 8-92, passed 4-21-92; Am. Ord. 11-97, passed 7-1-97; Am. Ord. 18-99, passed 7-13-99; Am. Ord. 31-08, passed 12-30-08; Am. Ord. 026-24, passed 12-10-24) Penalty, see § 151.99

   Street lights and lighting at parks and other publicly owned beach access areas shall be subject to the following:

   (A)   Whenever possible, street lights shall be located so that the bulk of their illumination will travel away from the beach. These lights shall be equipped with shades or shields that will prevent backlighting and render them not visible from the beach.

   (B)   Lights at parks or other public beach access points shall be shielded or shaded and will not be utilized during nighttime hours from May to October 31 of each year.

(Ord. 8-92, passed 4-21-92; Am. Ord. 11-97, passed 7-1-97; Am. Ord. 18-99, passed 7-13-99; Am. Ord. 31-08, passed 12-30-08; Am. Ord. 026-24, passed 12-10-24) Penalty, see § 151.99

   Any person violating any provision of this subchapter shall be deemed guilty of a civil offense and shall be subject to a fine of up to $500 upon conviction. Each day of violation shall be considered a separate offense.

(Ord. 029-22, passed 9-13-22)

   (A)   Any person violating any provision of this code for which no specific penalty is prescribed shall be subject to § 10.99.

   (B)   Any person altering the area that is the subject of §§ 151.35 through 151.38 by littering, destruction of vegetation or the artificial movement of the existing sand dunes shall subject to a $500 fine, and each day such exists shall constitute a separate offense. Violators will be required to replace altered sand dunes and replant the natural vegetation of the area.

(`95 Code, § 5-10-5) (Ord. 15-93, passed 9-7-93)