For the repeal of this section, see Editor's Notes.

1. (A) Notwithstanding the provisions of Section 48-39-280, the department must initiate a new baseline cycle by no sooner than January 1, 2024. Until the department establishes a new baseline and setback line affecting a landowner as part of that establishment cycle, the baseline and setback line in effect for the landowner are the most seaward of the following, respectively:

   1. (1)

      1. (a) the baseline established during the 2008 through 2012 establishment cycle; or
      2. (b) the baseline proposed by the department on October 6, 2017; and

   2. (2)

      1. (a) the setback line established during the 2008 through 2012 establishment cycle; or
      2. (b) the setback line proposed by the department on October 6, 2017.
2. (B) Notwithstanding the provisions of subsection (A) and Section 48-39-280, if the department, pursuant to a review or an appeal initiated before January 1, 2018, revises the baseline proposed on October 6, 2017, to a location seaward of both the baseline established during the 2008 through 2012 establishment cycle and the baseline proposed on October 6, 2017, then both the revised proposed baseline and revised proposed setback line will be in effect for the landowner until the department establishes a new baseline and setback line.

HISTORY: 2018 Act No. 173 (H.4683), Section 10.A, eff May 3, 2018.

Editor's Note

2018 Act No. 173, Sections 1, 8, and 10.B, provide as follows:

"SECTION 1. This act must be known and may be cited as the 'Beachfront Management Reform Act'."

"SECTION 8. The Department of Health and Environmental Control must promulgate regulations to implement the provisions of this act, including regulations that the department will use to locate a primary oceanfront sand dune as defined by Section 48-39-10, by January 14, 2020."

"SECTION 10.B. The provisions contained in this SECTION are repealed upon completion of the establishment cycle initiated on or after January 1, 2024."