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Regulatory Pathfinder
for Coastal Development in South Carolina

Nationwide Permit # 29 - Nationwide Permit for Residential Developments or Single-Family Housing

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.

This permit concerns the discharge of dredged or fill material for the construction or expansion of a single residence, a multiple unit residential development, or a residential subdivision.

This Nationwide Permit authorizes the construction of building foundations and building pads and attendant features that are necessary for the use of the residential development. Attendant features may include but are not limited to roads, parking lots, garages, yards, utility lines, storm water management facilities, septic fields, and recreation facilities such as playgrounds, playing fields, and golf courses (provided the golf course is an integral part of the residential development). The discharge must not cause the loss of greater than 1/2 acre of non-tidal waters of the United States, including the loss of no more than 300 linear feet of stream bed, unless for intermittent and ephemeral stream beds this 300 linear feet is waived in writing by the District Engineer. The Nationwide Permit does not authorize discharges into non-tidal wetlands adjacent to tidal waters.

For residential subdivisions, the aggregate total loss of waters of United States authorized by this Nationwide Permit cannot exceed 1/2 acre. This includes any loss of waters of the United States associated with development of individual subdivision lots.

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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