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Process for Encroachment Request Abutting a Body of Water

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:

1. Contact the Office of Ocean and Coastal Resource Management (“OCRM”), Sarah Brower at browersr@dhec.sc.gov . Advise Ms. Brower of your address, provide a detailed description of the proposed project and have OCRM determine if OCRM has jurisdiction over the area that the proposed project will be abutting.

2. If OCRM determines it has jurisdiction: Request email from OCRM claiming jurisdiction. Contact CSA, Joan Berger at joan@csaseapines.com and provide a copy of the OCRM email claiming jurisdiction and request a letter from CSA to make application to OCRM for the proposed project.

Upon receipt of OCRM email establishing jurisdiction, CSA Maintenance will make an initial site visit to evaluate the area and make recommendations to CSA. If the recommendation is favorable to the proposed project, CSA will prepare a letter to OCRM for 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.

3. 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) Signed Encroachment Agreement Application;
ii) Detailed description of encroachment request;
iii) As-built survey depicting all improvements, and including the proposed project/encroachment location;
iv) Application fee, $1,000.00, payable to Community Services Associates, Inc.; and
v) Letter/email of Authorization if Application is signed by Agent on behalf of Owner

4. Contact the Town of Hilton Head Island, Rocky Browder at rockyb@hiltonheadislandsc.gov to request approval for the proposed project. Advise Mr. Browder of your address, provide a detailed description of the proposed project and seek the Town of Hilton Head approval for the proposed project.

5. Upon receipt of applicable approvals from OCRM and the Town of Hilton Head contact the Sea Pines Architectural Review Board (“ARB”) Administrator Ken Rabon at kenr@csaseapines.com. Advise Mr. Rabon of the proposed project and provide him with a detailed description of the proposed project including the as-built survey. Mr. Rabon will provide you with information and guidance regarding the ARB requirements related to seeking a permit for an encroachment into CSA Open Space. Once Mr. Rabon receives your ARB application and required documentation he will present the proposed project to the ARB Board for approval.

6. Upon receipt of ARB’s conditional approval for the proposed project contact CSA, Joan Berger at joan@csaseapines.com and provide ARB’s conditional approval as well as written approvals from OCRM and the Town of Hilton Head. The proposed project plan will be submitted to the CSA Board for final approval.

7. 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.

8. 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, CSA’s Document Administrator at 843-671-7853 or joan@csaseapines.com

Attachment A. CSA Encroachment Agreement Policy (Download)
Attachment B. CSA Encroachment Agreement Application (Download)