How is public water access regulated?
In South Carolina, water law is based on the concept of riparian rights, where landowners who border a particular waterway have certain rights to access that water. For public access, this means that the state of South Carolina is responsible for regulating the access of public waterways, and protecting the rights of the riparians surrounding the body of water. The South Carolina Department of Health and Environmental Control is charged with protecting both surface and groundwater resources and ensuring that public access is properly regulated. The Public Water Access Act passed in 1998 provides for the protection of public access rights to public waters. This act requires that all public waterways be open to the public for fishing, swimming, boating, and other recreational activities, so long as the activity does not cause harm to the public waterway or the riparian rights of those sharing the waterway. The General Assembly is responsible for developing regulations that enforce the Public Water Access Act. Regulations regarding public access include requirements for the maintenance of public access infrastructure, the setting of safety guidelines, and restrictions on the use of public waters. Additionally, the state is responsible for performing outreach and education efforts to ensure that the public is informed of their rights to access public waterways. Overall, the state of South Carolina is responsible for ensuring that the public has safe and unhindered access to public waterways, while still protecting the riparian rights of those sharing the waterway. Through the Public Water Access Act and regulations, South Carolina works to maintain a healthy balance between public access and riparian rights.
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