Process for Encroachment Request Abutting a Body of Water
Under the 1974 Covenants “Open Space” is defined as land covered by natural vegetation or water, including lakes, lagoons and areas built up by spoil operation. Community Services Associates, Inc. (“CSA”) owns and maintains some of the open space within Sea Pines. The CSA Board has adopted a policy (the “Policy”), see attachment A, establishing procedures to request approval for encroachment into CSA Open Space due to landscaping or construction by Sea Pines Property Owners.
The following guide has been established to assist property owners and contractors with the encroachment request process. Multiple entities are involved, and circumstances may vary; each property owner is responsible for ensuring they have received all necessary approvals, permits and an Encroachment Agreement from CSA before construction begins.
The following steps are required to obtain an encroachment agreement for any encroachment abutting a body of water:
- Complete CSA Encroachment Agreement Application (see attachment B) and submit to CSA. The application must include the following prior to be considered by CSA:
i) Complete and signed Application.
ii) Detailed description of the request and need.
iii) As-built survey (less than two (2) years old) depicting all improvements, easements, and denoting the proposed project/encroachment location prepared by a professional or registered land surveyor.
iv) Nonrefundable Application fee of $1,000.00, payable to Community Services Associates, Inc.
v) Letter/email of Authorization if Application is signed by Agent on behalf of Owner.
Sea Pines CSA reserves the right to hold processing of any application until all assessments and any outstanding fees have been paid in full by owner(s).
Upon receipt of a complete application and all requested documentation, a CSA representative will make an initial site visit to evaluate the area and make recommendations to the CSA President. If the recommendation is favorable to the proposed project, CSA will prepare a permission letter for the property owner to make application to OCRM.
Please Note:
CSA’s permission for property owner to make application to OCRM does not grant property owner an encroachment. CSA reserves the right to grant final approval for any proposed encroachments into CSA Open Space.
- Contact the Office of Ocean and Coastal Resource Management (“OCRM”), Caitlin Raab at RaabC@dhec.sc.gov request approval for the proposed project. Advise Ms. Raab of your address, provide a detailed description of the proposed project and seek OCRM approval for the proposed project.
- Contact the Town of Hilton Head Island, Alex Pinckney at AlexP@hiltonheadislandsc.gov to request approval for the proposed project. Advise Ms. Pinckney of your address, provide a detailed description of the proposed project and seek the Town of Hilton Head approval for the proposed project.
- Contact the Sea Pines Architectural Review Board (“ARB”) Administrator Ken Rabon at kenr@seapinesarb.com. Advise Mr. Rabon of your address, provide a detailed description of the proposed project and seek the ARB approval for the proposed project.
- Upon receipt of the approvals for the proposed project contact CSA, Joan Berger at joan@csaseapines.com and provide the written approvals from OCRM, the Town of Hilton Head and the ARB. The proposed project plan will be submitted to the CSA Board for final approval.
- If the CSA Board approves the proposed project encroaching into the CSA Open Space, CSA will draft a CSA Encroachment Agreement to be signed by the property owner(s) which will be filed with the Office of the Register of Deeds for Beaufort County, South Carolina.
- Once CSA receives the signed encroachment agreement, property owners may seek permitting from the ARB, OCRM and the Town of Hilton Head.
Should you have questions or require additional information please contact Joan Berger at 843-671-7853 or joan@csaseapines.com
Attachment A. CSA Encroachment Agreement Policy (Download)
Attachment B. CSA Encroachment Agreement Application (Download)