§ 49-27-1. Title and citation of chapter
This chapter is to be known as the “Coastal Wetlands Protection Act” and may also be cited by its common or popular name of “Wetlands Act.”
§ 49-27-11. Application; contents
A complete application shall include the following: The name and address of the applicant; The names and addresses of the present owners of record of adjacent land, as determined by current tax assessment rolls and of known claimants of riparian or water rights in or immediately adjacent to the coastal wetland, or a certification that […]
§ 49-27-13. Application; copy may be mailed to parties
The commission may cause a copy of any application to be mailed immediately to the following parties: The chief administrative officer in the municipality or municipalities where any part of the proposed activity will be located; The president of the board of supervisors of any county where any part of the proposed activity will be […]
§ 49-27-15. Application; notice of date for filing objections; hearing and notice of hearing; payment of publication fees and costs of providing notice to public
The department may schedule a hearing on any application; however, the department shall schedule a hearing on each application if, during the time period in which written objections are required to be filed, (i) a written request for a hearing is submitted by the applicant, or (ii) a hearing is requested or written objections are […]
§ 49-27-17. Application; notice to parties prior to date set for hearing; effect of failure to comply with section
The following parties shall be notified of a hearing by the commission by mail prior to the date set for the hearing, but a failure to meet this requirement shall not invalidate any permit granted thereafter: All of those parties who are entitled to receive a copy of such application in accordance with Section 47-27-13 […]
§ 49-27-19. Application; appearance at hearing by person filing objection; applicant’s burden of proof and right to hearing
Any person who files a written objection pursuant to Section 49-27-15 may appear at the public hearing and be heard. The burden of proof shall be on the applicant, whether a hearing is held or not; provided, however, no application shall be denied without giving the applicant a right to a hearing according to the […]
§ 49-27-21. Public inspection of evidence, applications and related documents; record and transcription of oral testimony
Documentary evidence offered at hearings and all applications and related documents shall be open for public inspection at the office of the commission at reasonable times. Oral testimony shall be recorded and shall not be required to be transcribed except in the event of appeal.
§ 49-27-23. Commission authorized to grant, issue, reissue, modify, deny, suspend, revoke, limit, or condition permits; expressed public policy to be considered in connection with permits; acquisition of permits; resolution of conflicts
The commission may grant, issue, reissue, modify, deny, suspend or revoke permits and may prescribe limitations and conditions on permits. When taking such action on any permit, the commission shall consider the effect of the proposed activity with reference to the public policy expressed in Section 49-27-3 of this chapter. A permittee under this chapter […]
§ 49-27-27. Permits to dredge new channels; considerations and restrictions
In considering permits to dredge new channels by applicants under subsection (c) of Section 49-27-11, the commission shall take into consideration in addition to Section 47-27-23 the benefit of such channel to the public at large, or to surrounding landowners, and the extent of use projected for the channel, as well as the ecological, economic, […]
§ 49-27-29. Conditions or limitations may be imposed on grant or modification of permit
In granting or modifying any permit, the commission may impose conditions or limitations on the proposed activity designed to carry out the public policy set forth in this chapter. Permits shall be valid for not more than five (5) years from the date of issuance, except that permits issued to a governmental entity shall be […]
§ 49-27-3. Public policy declared
It is declared to be the public policy of this state to favor the preservation of the natural state of the coastal wetlands and their ecosystems and to prevent the despoliation and destruction of them, except where a specific alteration of specific coastal wetlands would serve a higher public interest in compliance with the public […]
§ 49-27-31. Performance bond may be required
The commission may require a performance bond in an amount to be set by the commission with surety and satisfactory conditions securing to the state compliance with the conditions and limitations set forth in any permit.
§ 49-27-33. Suspension or revocation of permit after notice and hearing
The commission, after reasonable notice in writing to the holder of a permit and after a hearing in the manner as provided in Sections 49-27-15 through 49-27-21 of this chapter, shall suspend or revoke a permit if it finds that the applicant has not substantially complied with one or more of the conditions or limitations […]
§ 49-27-35. Findings, reasons and descriptions to be recorded by council
The commission shall state, upon its record, its findings and reasons for all actions taken pursuant to Sections 49-27-23 through 49-27-37. When a permit is granted or modified, the commission shall describe the public interest to be served by granting or modifying the permit. When a permit or modification is denied, the commission shall describe […]
§ 49-27-37. Copy of order in issuance, denial, revocation or suspension of permit to be sent to parties; time; extensions
The commission shall send a copy of any order in issuance, denial, revocation or suspension of a permit to the parties stated in Section 49-27-17, and such orders must be sent within ninety (90) days from the receipt of a complete application, or within ninety (90) days from an amendment to the application as provided […]
§ 49-27-39. Appeal to chancery court; when council’s order to be confirmed
An appeal may be taken by the applicant, or any person or corporation, municipal corporation, county or interested community group who has been aggrieved by such order, from the denial, suspension or revocation of a permit or the issuance of a permit or conditional permit and who has filed written protest or objection as specified […]
§ 49-27-41. Appeal to chancery court; complaint; return date; cost bond; record; appeal with supersedeas
Such appeal shall be brought by a complaint in writing, stating fully the reasons therefor, signed by an authorized party, and shall be served at least twelve (12) days before the return date upon the commission and upon all parties having an interest adverse to the appellant as designated under subsection (a) of Section 49-27-39. […]
§ 49-27-43. Appeal to chancery court; service upon commission; certification of record
Upon the filing of an appeal, the clerk of the chancery court shall serve notice thereof upon the commission, whereupon the commission shall within sixty (60) days, or within such additional time as the court may for cause allow, from the service of such notice certify to the chancery court the record in the case, […]
§ 49-27-45. Appeal to chancery court; when case to be referred back to commission
If, upon hearing such appeal, it appears to the court that any testimony has been improperly excluded by the commission or that the facts disclosed by the record are insufficient for the equitable disposition of the appeal, it shall refer the case back to the commission to take such evidence as it may direct and […]
§ 49-27-47. Appeal to chancery court; precedence; powers of chancellor
Such appeal shall have precedence in the order of trial, and the chancellor may order the granting, denial, revocation, suspension or limitation of any permit or may remand to the council for such order.