SC Oceanfront ~ “Beachfront Management Act”

A little-known 1988 law could have a big impact on beachfront properties.

Real estate agents who do not disclose the existence of the act could be liable if a hurricane damages a home they sold and the property has to be rebuilt. Homeowners could find they can’t rebuild in the same location or same way.

The Beachfront Management Act, designed to protect beaches from erosion, determines how close a home can be to the beach.

Under the act, the state sets a “setback line.” Homes cannot be built on the ocean side of that line. If a building that was built before the act is destroyed in a hurricane, it might not be able to be built in the same spot because the setback line may have been moved further inland.

Real estate attorney Wayne Mumford suggested agents always disclose the act to protect them against potential liability.

At a Coastal Carolinas Association of Realtors seminar, Bill Eiser, oceanographer with Ocean & Coastal Resource Management said a failure to disclose will not affect the legality of the sale.

The Resource Management office can inform property owners where setback lines are on their property. Setback lines are based on the average annual erosion rate of the beach in the last 40 years.

Source: Jenny Burns, The Sun News, Myrtle Beach, SC