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Regulatory Pathfinder for Coastal Development in South Carolina

Nationwide Permit #13: Bank Stabilization

Certain activities may be able to proceed in a streamlined manner pursuant to federal requirements by complying with Nationwide Permits (NWPs) issued as authorized by Clean Water Act Section 404(e). All NWPs require that an authorized activity or project must meet regional conditions and general conditions that exist on a national level.

Bank stabilization may be authorized under a streamlined permit if it meets the following criteria:

  1. No material is placed in excess of the minimum needed for erosion protection;
  2. The activity is no more than 500 feet in length along the bank, unless this criterion is waived in writing by the District Engineer;
  3. The activity will not exceed an average of one cubic yard per running foot placed along the bank below the plane of the ordinary high water mark or the high tide line, unless waived by the District Engineer;
  4. The activity does not involve discharges of dredged or fill material into special aquatic sites, unless waived by the District Engineer;
  5. No material is of the type, or is placed in any location, or in any manner, to impair surface water flow into or out of any water of the United States;
  6. No material is placed in a manner that will be eroded by normal or expected high flows. Properly anchored trees and treetops can be used in low energy areas; and,
  7. The activity is not a stream channelization activity.

Last Updated October 29, 2010

ABOUT THIS PATHFINDER

This project was supported through a generous grant from the South Carolina Sea Grant Consortium. The principal investigator is Professor Kim Diana Connolly at the University of South Carolina School of Law. Two law students, Keith Bartlett and Valerie Cochran, provided invaluable work toward project completion. Technical assistance with web design was provided by USC School of Law webmaster Tobias Brasier. Broken links should be reported to lawweb@law.sc.edu. This website is NOT intended as legal advice, and particularized analysis by professionals should be sought wherever appropriate.

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