Seabrook Island is a unique community offering uncommon living opportunities amidst a varied and sensitive natural environment. It is the intent of these regulations to preserve and protect those sensitive features and rare qualities that make this a prized community.

A.

Vegetation Removal. It is the intent of this section to retain the natural character of lands within the TOWN and prevent the needless destruction or removal of trees and vegetation on any DEVELOPMENT site. Site clearance shall be the minimum necessary, as determined by the ZONING ADMINISTRATOR, to accommodate construction on property and only as a part of an approved plan, in accordance with Section 11.5 B of this ordinance.

B.

"Beaches as Trust" Sub-district. It shall be unlawful for any PERSON to destroy, cut, or trim flora or trees in either (i) the Beach Conservation Trust Zone or (ii) that area lying seaward of the SCDHEC-OCRM CRITICAL LINE, without a written permit from the Trustee and, to the extent specified herein, SCDHEC-OCRM.

1.

If permission is obtained, in no event shall such pruning be at a height less than that as may be specified by the Trustee.

2.

If the root system of the flora or trees will be disturbed or if complete removal thereof is contemplated, permission to cut or trim flora or trees in the Beach Conservation Zone must, to the extent required by state law, be obtained from SCDHEC-OCRM.

3.

Failure to obtain such permission shall be punishable as indicated under Article 22 of this ordinance.

Because of the environmentally sensitive area in which the TOWN is located, the TOWN hereby endorses S.C. Code of Laws, Sections 48-39-10 et seq. (Coastal Tidelands and WETLANDs) and related laws and shall embrace and enforce such provisions to the maximum extent feasible, in reviewing any construction application.

A.

Applicability. The provisions of this section shall apply to all properties which are subject to any Beachfront Jurisdictional Line established by SCDHEC-OCRM, pursuant to the provisions of S.C. Code of Laws, Sections 48-39-10 et seq., as amended.

B.

Minimum SETBACKs. For properties which are subject to any Beachfront Jurisdictional Line established by SCDHEC-OCRM, the minimum required SETBACK for any STRUCTURE shall be the greater (most landward) of:

1.

The SETBACK line established by SCDHEC-OCRM pursuant to S.C. Code of Laws, Sections 48-39-10 et seq., as amended; and

2.

A line drawn parallel to the front (street side) property line and extending from the front property line the distance equal to 75 percent of the platted, average LOT DEPTH as measured from the front property line; and

3.

Thirty feet from the landward edge of the PRIMARY DUNE or the dune formed by any existing revetment.

C.

Exceptions. The setback provisions contained in subsection B of this section shall not apply to any STRUCTURE which is duly permitted by SCDHEC-OCRM.

In order to protect the viability of the TOWN's marshes and marsh resources, and to prevent the pollution of surface waters within the TOWN, the following regulations shall apply:

A.

CRITICAL AREAS.

1.

SETBACK Required. Except as otherwise provided in this ordinance, no structure shall be placed above or below ground (including propane tanks) within 25 feet of any CRITICAL AREA.

2.

Groundcover Preservation. Except as otherwise provided in this ordinance, all areas within 25 feet of a CRITICAL AREA, as determined by SCDHEC-OCRM, shall retain their natural ground cover or shall be planted and maintained with grass or similar groundcover. Disturbed ground cover shall be REPLACEd following all construction activities.

3.

SITE PLAN Requirements. Zoning, BUILDING, and/or other construction permits for properties abutting a CRITICAL AREA shall include a construction site plan that includes the following:

a.

A grading plan, showing that runoff from the property will be directed into the CRITICAL AREA only if alternatives are not reasonably available, and then only via sheet flow across vegetated areas. All plans must comply with SCDHEC-OCRM Stormwater Management Guidelines.

b.

A statement of EROSION/sedimentation prevention actions to be taken during construction, including, at a minimum, the placing of hay, pine straw, or similar bales along the perimeter of the CRITICAL AREA, and including such other reasonable actions as necessary to prevent sedimentation into CRITICAL AREAs from the site; and further, that remedial action will be taken to remove construction-caused sedimentation from these resources.

4.

Accessory Structures. Accessory STRUCTUREs shall not be located or used in a manner such that the rate or quantity of runoff or sedimentation into a CRITICAL AREA is increased.

B.

WATERBODIES.

1.

SETBACK Required. No structure shall be located within 25 feet of any WATERBODY. Unenclosed DECKs, stairways, and stoops may encroach up to 10 feet into the required SETBACK; provided, if a larger SIDE YARD or REAR YARD SETBACK is required, the more restrictive shall apply.

C.

Compliance Required. Construction in accordance with these provisions shall be required in order to comply with the construction-related permits issued by Charleston County and shall be considered a condition precedent to the issuance of a certificate of occupancy.

A.

Dune Protection. The TOWN recognizes the important protective and ecological functions that a healthy dune system provides. The TOWN also recognizes that the dune system along the oceanfront must be carefully managed to ensure these important functions are not lost. Hence, no activity, construction, or alteration of sand dunes seaward of the SCDHEC-OCRM CRITICAL LINE shall be permitted prior to approval by the SCDHEC-OCRM and the TOWN. Sections 1—6 of the updated TOWN local comprehensive beach management plan lists specific policies governing activities related to dune alteration, destruction, restoration, and revegetation. These policies are hereby adopted by reference as if fully set forth in this section.

B.

Dune Restoration and Revegetation.

1.

In the event that dunes sustain damage, either due to natural causes or man's activities, damaged areas shall be restored and revegetated using methods and materials approved by SCDHEC-OCRM and the ZONING ADMINISTRATOR.

2.

Sections 1—6 and Appendix B of the updated TOWN local comprehensive beach management plan list specific dune restoration, dune revegetation, and sand FENCE placement guidelines. These guidelines are hereby adopted by reference as if fully set forth in this section and shall be adhered to during any dune REPAIR or construction projects.

A.

Docks. A ZONING PERMIT from the TOWN shall be required in advance of applying for any other applicable county, state, or federal permit to construct a dock or walkway into any CRITICAL AREA which is geographically situated within the TOWN. The applicant shall also, as necessary, obtain a permit from SCDHEC-OCRM and, where applicable, from the Army Corps of Engineers, South Carolina Fish and Wildlife Commission, and SIPOA. In all cases, when such prior approval is required, proof of that approval must accompany a BUILDING permit application to Charleston County.

B.

Walkways or Stairs to the Beach. A ZONING PERMIT shall be required prior to constructing any walkway or stairs seaward of the SCDHEC-OCRM CRITICAL LINE. If the walkway or stairs will be more than six (6) feet wide, prior approval shall be received from SCDHEC-OCRM and must accompany the permit application.

C.

Bank Retention Systems. A property owner who wishes to construct a bulkhead or revetment within any CRITICAL AREA must concurrently submit to the ZONING ADMINISTRATOR a complete copy of the application submitted to SCDHEC-OCRM, including all referenced exhibits and attachments, and any subsequent amendments to such application with all attachments.