South Carolina § 49-1-15 - Permits for hydroelectric projects involving impoundment or diversion of waters of navigable streams.
Full text of South Carolina South Carolina Code of Laws § 49-1-15 — Permits for hydroelectric projects involving impoundment or diversion of waters of navigable streams., with citation guidance and answers to common questions.
§ 49-1-15. Permits for hydroelectric projects involving impoundment or diversion of waters of navigable streams.
(A) Except as otherwise provided herein, no person may erect, construct, or build any structure or works in order to dam or impound the waters of a navigable stream or any waters which are tributary to a navigable stream for the purpose of generating hydroelectricity without securing a permit from the Department of Health and Environmental Control. Any projects that are subject to Chapter 33 of Title 58 of the Utility Facility Siting and Environmental Protection Act are exempted from this section. Further exempted are projects where the project developer without exercising condemnation authority is the existing owner of the property upon which the project is to be constructed and projects which do not exceed sixty acres including in both cases inundated land.
(B) The Department of Health and Environmental Control may issue a permit for the projects in this subsection after a thorough review of the proposed project and a finding that it meets any regulations of the board and the following standards:
(1) The proposed project does not halt or prevent navigation by watercraft of the type ordinarily frequenting the reach of the watercourse in question.
(2) The projects proposed for shoaled areas of the watercourse provide a means of portage or bypass of the project structure.
(3) The need for the proposed project far outweighs the historical and current uses of the stream in question.
(4) The impact of the proposed project will not threaten or endanger plant or animal life.
(5) The recreational and aesthetic benefits or detriments caused by the proposed project do not alter the watercourse or damage riparian lands.
(C) The Attorney General shall represent before any federal agency the department, if so requested by the department, respecting the same application.
HISTORY: 1986 Act No. 489, SECTION 1; 1993 Act No. 181, SECTION 1241.
Editor's Note
2010 Act No. 247, SECTION 4.B, provides:
"Chapter 1, Title 49 of the 1976 Code is not affected by and supersedes Chapter 4, Title 49 of the 1976 Code, as amended by SECTION 1 of this act."
Source: official South Carolina text · Last verified 2026-08-27
Frequently Asked Questions About South Carolina § 49-1-15
What does South Carolina Code of Laws § 49-1-15 cover?
Section 49-1-15 ("Permits for hydroelectric projects involving impoundment or diversion of waters of navigable streams.") is part of the South Carolina Code of Laws, the codified statutory law of South Carolina. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Carolina § 49-1-15?
A common citation format is "South Carolina Code of Laws § 49-1-15" (South Carolina). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Carolina law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Carolina official source linked on this page or consult a licensed South Carolina attorney.
How does South Carolina § 49-1-15 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Carolina can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Carolina.