S.C. Code Ann. § 49-30-60 — SC Code / Title 49 / Chapter 30 / Section 49-30-60
SECTION 49-30-60. Permit application; fee; conditions; time for filing; grounds for revocation.
Status: in_force

(A) For the privilege of maintaining a structure in its current location, the owner of the structure must obtain a permit for a fee of fifty dollars. The permit fee must be credited to the fund. (B) To be issued a permit pursuant to this section an owner must: (1) make a written request for a permit from the department containing: (a) a sworn statement from all of the owners of the structure acknowledging ownership; (b) the names and addresses of all owners; (c) a detailed description of the structure; (d) the structure's location. To identify the structure's location, the owner must use latitude and longitude or mark it on a United States Geological Survey topographic map; and (2) establish to the satisfaction of the department that the structure does not present a hazard to navigation nor encroach upon private property or a wildlife management area. (C) Upon the verification of the information contained in the written request and the department's satisfaction that the structure does not present a hazard to navigation nor encroach upon private property or a wildlife management area, the department shall issue a permit to the owner that must be prominently displayed on or about the structure. The permit must be conditioned expressly upon the owner being responsible for removal and all costs associated with removal. The department may not issue permits to applications postmarked or received later than ninety days after the effective date of this chapter. (D) A permit may be revoked by the department if the: (1) structure is moved from its permitted location for use in another location; (2) owner fails to abide by any conditions upon which the permit was issued; (3) structure becomes a hazard to navigation or encroaches on private property or a wildlife management area; (4) structure is abandoned or becomes unusable; or (5) owner transfers or attempts to transfer his permit, title, or any interest in the structure to another person.
S.C. Code Ann. § 49-29-230 — SC Code / Title 49 / Chapter 29 / Section 49-29-230
SECTION 49-29-230. Portions of Little Pee Dee, Broad, Saluda, Lynches, Ashley, Black, Great Pee Dee, and Catawba Rivers designated scenic rivers.
Status: in_force

The following are designated as scenic rivers: (1) that portion of the Little Pee Dee River located between the Highway 378 bridge crossing of the Little Pee Dee River and the confluence of the river with the Great Pee Dee River; (2) that portion of the Broad River located between the 99 Islands Dam and the confluence with the Pacolet River; (3) that portion of the Saluda River located between the old railroad abutments located three thousand feet below the Saluda Hydroelectric Plant and the confluence with the Broad River; (4) that portion of the Lynches River located between U.S. 15 near Bishopville and the eastern boundary of Lynches River State Park as defined on May 19, 1993, and that portion located between the eastern boundary of the Lynches River County Park and the confluence with the Great Pee Dee River. (5) that portion of the Ashley River located between the Highway 17A bridge crossing of the Ashley River and downstream to the Highway 526 bridge crossing of the Ashley River. (6) that portion of the Black River located between the Clarendon County Road No. 40 bridge crossing of the Black River and downstream to the Pea House Landing at the end of Georgetown County Road No. 38. (7) that portion of the Great Pee Dee River located between the U. S. Highway 378 bridge crossing of the Great Pee Dee River and downstream to the U. S. Highway 17 bridge crossing the Great Pee Dee River. (8) that portion of the Little Pee Dee River located in Dillon County between the Marlboro County Line and the Marion County line; (9) that portion of the Catawba River located between the Lake Wylie Dam and the South Carolina Highway 9 bridge crossing of the Catawba River; Effect of Amendment The first 2008 amendment added item (9) relating to the Catawba River. The second 2008 amendment, in item (4), expanded the portion of the Lynches River designated as a scenic river to include that portion located between the eastern boundary of the Lynches River County Park and the confluence with the Great Pee Dee River.
S.C. Code Ann. § 49-19-1630 — SC Code / Title 49 / Chapter 19 / Article 13 / Section 49-19-1630
SECTION 49-19-1630. "Drainage Tax Record".
Status: in_force

The secretary of the board of supervisors, as soon as the total tax is levied, shall, at the expense of the district, prepare a list of all taxes levied in the form of a well-bound book which shall be endorsed and named "Drainage Tax Record of __________ Drainage District, __________ County, South Carolina." Such endorsement shall be printed or written at the top of each page in the book and shall be signed and certified by the president and the secretary of the board of supervisors, attested by the seal of the district, and shall thereafter become a permanent record in the office of the secretary.
S.C. Code Ann. § 49-19-520 — SC Code / Title 49 / Chapter 19 / Article 5 / Section 49-19-520
SECTION 49-19-520. Conduct of meeting to elect supervisors.
Status: in_force

The landowners when assembled shall organize by the election of a chairman and a secretary of the meeting who shall conduct the election. At such election each and every acre of land in the district shall represent one share and each owner shall be entitled to one vote in person or by proxy in writing duly signed for every acre of land owned by him in such district. The three persons receiving the highest number of votes shall be declared elected as supervisors. The landowners shall at such election determine the length of the terms of each supervisor so elected by them, which shall be, respectively, one, two and three years, and they shall serve until their successors shall have been elected and qualified. The State Department of Administration at any such meeting may represent the State and shall have the right to vote for supervisors or upon any matter that may come properly before the meeting to the extent of the acreage owned by the State in such district. Such vote may be cast by any person designated by the Board. At such meeting guardians may represent their wards, executors and administrators may represent estates of deceased persons and private corporations may be represented by their officers or duly authorized agents. Code Commissioner's Note At the direction of the Code Commissioner, references in this section to the offices of the former State Budget and Control Board, Office of the Governor, or other agencies, were changed to reflect the transfer of them to the Department of Administration or other entities, pursuant to the directive of the South Carolina Restructuring Act, 2014 Act No. 121, SECTION 5(D)(1), effective July 1, 2015.
S.C. Code Ann. § 49-25-10 — SC Code / Title 49 / Chapter 25 / Section 49-25-10
SECTION 49-25-10. Creation of South Carolina State Climatology Office.
Status: in_force

There is created within the Department of Natural Resources the South Carolina State Climatology Office.
S.C. Code Ann. § 49-4-10 — SC Code / Title 49 / Chapter 4 / Section 49-4-10
SECTION 49-4-10. Short title.
Status: in_force

This chapter may be cited as the "South Carolina Surface Water Withdrawal, Permitting, Use, and Reporting Act". Editor's Note 2010 Act No. 247, SECTION 4.B, provides: "Chapter 1, Title 49 of the 1976 Code is not affected by and supersedes Chapter 4, Title 49 of the 1976 Code, as amended by SECTION 1 of this act." Effect of Amendment The 2010 amendment inserted ", Permitting, Use,".
S.C. Code Ann. § 49-7-50 — SC Code / Title 49 / Chapter 7 / Section 49-7-50
SECTION 49-7-50. Secretary shall file certificates with clerks of court.
Status: in_force

The secretary of the Authority shall from time to time file in the offices of the clerks of court for Charleston and Berkeley Counties appropriate certificates, showing the personnel of the Authority and the duration of the terms of the respective members.
S.C. Code Ann. § 49-11-200 — SC Code / Title 49 / Chapter 11 / Article 3 / Section 49-11-200
SECTION 49-11-200. Department approval required for construction or alteration; exceptions.
Status: in_force

(A) The construction of a new dam or reservoir or enlargement, removal, or repair may not begin until the owner has applied for and obtained from the department written approval of plans and specifications. (B) Where the location and size of the dam or reservoir renders the requirements of subsection (A) and Section 49-11-210 unnecessary, the department may grant approval and waive certain nonessential requirements in instances, including, but not limited to, small dams and reservoirs for agricultural, fish or wildlife, or recreational uses on private lands and of no danger to other life or property downstream.
S.C. Code Ann. § 49-17-1060 — SC Code / Title 49 / Chapter 17 / Article 9 / Section 49-17-1060
SECTION 49-17-1060. Costs and assessments when highways are affected.
Status: in_force

If no exceptions are filed or if it is shown upon the hearing of all of the exceptions that the estimated cost of construction of improvements contemplated in the Plan of Reclamation is less than the benefits assessed against the lands in the district, the court shall approve and confirm the commissioners' report. If the court, upon hearing the objections filed, finds that any or all the objections must be sustained it shall order the report changed to conform with the findings and when so changed the court shall approve and confirm the report and enter its decree accordingly. The court shall adjudge and apportion the costs incurred by the exceptions filed and there must be condemned any land or other property, within or without the boundary lines of the district, that is shown by the report of the commissioners to be needed for rights-of-way, holding basins, or other works or that may be needed for material to be used in constructing the works, following the provisions of the Eminent Domain Procedure Act (Chapter 2 of Title 28).
S.C. Code Ann. § 49-19-30 — SC Code / Title 49 / Chapter 19 / Article 1 / Section 49-19-30
SECTION 49-19-30. "Owner" defined.
Status: in_force

The word "owner" as used in this chapter shall mean the owner of the freehold estate, as appears by the deed record, and it shall not include reversioners, remaindermen, trustees or mortgagees, who shall not be counted and need not be notified by publication or served by process but shall be represented by the present owner of the freehold estate in any proceedings under this chapter.
S.C. Code Ann. § 49-19-2310 — SC Code / Title 49 / Chapter 19 / Article 17 / Section 49-19-2310
SECTION 49-19-2310. Levy and collection of Maintenance Tax.
Status: in_force

To maintain and preserve the ditches, drains, or other improvements made pursuant to this chapter and to repair and restore them when needed and for the purpose of defraying the current expenses of the district the board of supervisors may upon the completion of the improvements and on or before the first day of October in each year thereafter levy an assessment upon each tract or parcel of land within the district to be known as a "Maintenance Tax." The Maintenance Tax shall be apportioned upon the basis of the net assessments of benefits accruing for original construction, shall not exceed ten per cent thereof in any one year and shall be certified to the county treasurer of each county in which lands of the district are situate at the same time as the annual installment tax is certified but in a separate column under the heading Maintenance Tax. The county treasurer shall demand and collect the Maintenance Tax, make return thereof and receive the same compensation therefor and be liable for the same penalties for failure or neglect so to do as is provided for the annual installment tax.
S.C. Code Ann. § 49-19-1690 — SC Code / Title 49 / Chapter 19 / Article 13 / Section 49-19-1690
SECTION 49-19-1690. Segregation of drainage from other taxes or assessments.
Status: in_force

Upon the request of the taxpayer the county treasurer shall segregate State, county and school taxes from the drainage taxes or assessments and permit such taxes or assessments to be paid at different times.
S.C. Code Ann. § 49-19-1620 — SC Code / Title 49 / Chapter 19 / Article 13 / Section 49-19-1620
SECTION 49-19-1620. Assessment of state lands.
Status: in_force

All lands in the district belonging to the State shall be assessed to and the taxes thereon shall be paid by the State out of the funds on hand, or which may hereafter be obtained, derived from the sale of lands belonging to the State and this provision shall apply to taxes assessed for preliminary work and expenses as provided for in this chapter.
S.C. Code Ann. § 49-17-820 — SC Code / Title 49 / Chapter 17 / Article 7 / Section 49-17-820
SECTION 49-17-820. Commissioners as a body corporate; name and powers.
Status: in_force

Such three drainage commissioners, when so appointed, shall be immediately created a body corporate under the name and style of "The Board of Drainage Commissioners of ___ District," with the right to hold and convey property and to sue and be sued, and shall possess such other powers as usually pertain to corporations and as are herein granted. The name of such drainage district, whether designated by number or otherwise, shall constitute a part of its corporate name, for illustration: "The Board of Drainage Commissioners of __________ (No. ___ or a name) District."
S.C. Code Ann. § 49-11-260 — SC Code / Title 49 / Chapter 11 / Article 3 / Section 49-11-260
SECTION 49-11-260. Penalties; injunction; appeals; disposition of fines.
Status: in_force

(A) A person violating this article is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred nor more than five hundred dollars. Each day the violation continues after notice to take corrective action is a separate offense. (B) The department may assess an administrative fine of not less than one hundred nor more than one thousand dollars against a person who violates this article or an order issued or regulation promulgated pursuant to it. In determining the amount of the fine the department shall consider the degree and extent of harm caused by the violation and the cost of rectifying the damage. Fines assessed under this subsection may be appealed to the department who may reduce them based on information presented at the appeal hearing. (C) Upon a violation of this article or related regulations the department may institute legal action to obtain injunctive relief in the name of the department. (D) A person against whom a final order or decision has been made, except for emergencies specified in Section 49-11-190, may appeal to the board under the Administrative Procedures Act. The burden of proof is on the party attacking an order or a decision of the department to show that the order is unlawful or unreasonable. (E) Civil fines collected under this article must be deposited in a special account of the department to fund educational activities relating to dams and reservoirs safety, including, but not limited to, workshops, seminars, manuals, and brochures.
S.C. Code Ann. § 49-30-40 — SC Code / Title 49 / Chapter 30 / Section 49-30-40
SECTION 49-30-40. Public Waters Nuisance Abatement Fund.
Status: in_force

The Public Waters Nuisance Abatement Fund is created solely to pay for costs incurred by the State associated with removing unpermitted structures pursuant to this chapter. The fund may receive appropriations from the general fund, federal funds, donations, gifts, the proceeds of permit fees, and other monetary instruments of value. The proceeds contained in the fund may be carried forward from year to year and do not revert to the general fund of the State. The department must maintain and administer the fund. Proceeds from the fund may not be used to pay for costs associated with the removal of an unpermitted structure from licensed lakes.
S.C. Code Ann. § 49-4-170 — SC Code / Title 49 / Chapter 4 / Section 49-4-170
SECTION 49-4-170. Powers and duties of department.
Status: in_force

(A) In addition to any other powers and duties, the department may: (1) promulgate regulations necessary to implement the policies and purposes of this chapter; (2) enter upon any land or water for the purpose of conducting investigations, examinations, or surveys necessary to carry out its duties and responsibilities provided in this chapter; (3) receive financial and technical assistance from private entities, the federal government, or another state agency; and (4) take any action reasonable and necessary to enforce the provisions of this chapter. (B)(1) The department may, in consultation with the Department of Natural Resources, negotiate agreements, accords, or compacts on behalf of and in the name of the State with other states or the United States, or both, with any agency, department, or commission of either, or both, relating to transfers of water that impact waters of this State, or are connected to or flowing into waters of this State. Any agreements, accords, or compacts made by the board pursuant to this section must be approved by concurrent resolution of the General Assembly prior to being implemented. The department also may represent the State in connection with water withdrawals, diversions, or transfers occurring in other states which may affect this State. The provisions in this section do not apply to the Office of Attorney General or any pending or future criminal or civil actions, lawsuits, or causes in which the State is a party or interested. (2) The department must notify the Chairman of the Senate Agriculture and Natural Resources Committee and the Chairman of the House Agriculture, Natural Resources, and Environmental Affairs Committee when the department enters into negotiations or otherwise represents the State as provided in item (1). The department also must periodically report, as necessary or upon request, to the chairmen concerning the progress of the negotiations or representation. Editor's Note 2010 Act No. 247, SECTION 4.B, provides: "Chapter 1, Title 49 of the 1976 Code is not affected by and supersedes Chapter 4, Title 49 of the 1976 Code, as amended by SECTION 1 of this act." Effect of Amendment The 2010 amendment rewrote the section.
S.C. Code Ann. § 49-29-60 — SC Code / Title 49 / Chapter 29 / Section 49-29-60
SECTION 49-29-60. Public meeting on proposed designation of river as scenic river.
Status: in_force

The department shall hold a public meeting in the vicinity of the river or river segment proposed for addition to the State Scenic Rivers Program. This public meeting must be conducted before any action by the department to designate the river or river segment as an eligible state scenic river. The purpose of this meeting is to solicit comments from the public concerning the proposed designation of a river or river segment. Notice of this meeting must be published at least thirty days before the meeting in the State Register and in a newspaper having general circulation in each county containing or bordering the river or river segment under study and in a newspaper having general circulation in the State. Landowners along the proposed river or river segment also must be notified by letter.
S.C. Code Ann. § 49-17-1630 — SC Code / Title 49 / Chapter 17 / Article 13 / Section 49-17-1630
SECTION 49-17-1630. Issuance of warrants.
Status: in_force

The board of drainage commissioners shall issue their warrants, directed to the county treasurer, for all bills, claims or demands against the drainage district for all work, services, contracts, damages or otherwise, including the expenses incurred in the formation of the drainage district.
S.C. Code Ann. § 49-19-1920 — SC Code / Title 49 / Chapter 19 / Article 13 / Section 49-19-1920
SECTION 49-19-1920. Lien for tax construed as equivalent to mortgage.
Status: in_force

This chapter shall be liberally construed so as to give to the lien for drainage tax the effect of a bona fide mortgage for a valuable consideration and a first lien upon all the lands subject thereto as against all persons having an interest therein, subject only to the lien of certain other taxes as herein provided.
S.C. Code Ann. § 49-17-600 — SC Code / Title 49 / Chapter 17 / Article 5 / Section 49-17-600
SECTION 49-17-600. Filing and acceptance or reference back of final report.
Status: in_force

When the final report is completed and filed it shall be examined by the clerk of the court and if it is found to be in due form and in accordance with the law it shall be accepted and if not in due form it may be referred back to the engineer and viewers, with instruction to secure further information to be reported at a subsequent date to be fixed by the clerk.
S.C. Code Ann. § 49-19-1470 — SC Code / Title 49 / Chapter 19 / Article 11 / Section 49-19-1470
SECTION 49-19-1470. Construction or enlargement of bridges when bridge or right of way of corporation affected.
Status: in_force

If any such bridge shall belong to any corporation or be needed over a public highway or right of way of any corporation the secretary of the board of supervisors shall give such corporation notice by delivering to its agent or officer in any county wherein the district is situate a copy of the order of the board of supervisors of the district declaring the necessity for the construction or enlargement of the bridge. A failure to construct or enlarge such bridge within the time specified in such order shall be taken as a refusal to do such work by the corporation and thereupon the board of supervisors shall proceed to let the work of constructing or enlarging the bridge at the expense of the corporation for the cost thereof. Such costs shall be collected by the board of supervisors from the corporation by suit therefor if necessary. But before the board of supervisors shall let such work it shall give some agent or officer of the corporation authorized by the laws of this State to accept service of summons or upon whom service of summons for the corporation might be made at least twenty days' actual notice of the time and place of letting such work. The word "corporation" as used in this section shall include municipal corporations and counties.
S.C. Code Ann. § 49-19-1710 — SC Code / Title 49 / Chapter 19 / Article 13 / Section 49-19-1710
SECTION 49-19-1710. Return and payment of taxes collected.
Status: in_force

The county treasurer shall make due return of the Drainage Tax Book immediately after the 31st day of December of each year to the secretary of the board of supervisors of the drainage district and shall pay over and account for all moneys collected thereon each year to the treasurer of the district. The county treasurer shall in the Drainage Tax Book verify his return by affidavit.
S.C. Code Ann. § 49-19-2120 — SC Code / Title 49 / Chapter 19 / Article 15 / Section 49-19-2120
SECTION 49-19-2120. Sale of bonds.
Status: in_force

All of such bonds shall be executed and delivered to the treasurer of the district who shall sell them in such quantities and at such dates as the board of supervisors may deem necessary to meet the payments for the works and improvements in the district. The bonds shall not be sold for less than ninety-five cents on the dollar, with accrued interest.
S.C. Code Ann. § 49-19-1010 — SC Code / Title 49 / Chapter 19 / Article 7 / Section 49-19-1010
SECTION 49-19-1010. Procedure when report assesses benefit or damages to lands not in district.
Status: in_force

In case the report of the commissioners shall contain assessments of benefits and damages to lands not included in the original petition as signed and filed the board of supervisors shall file in the office of the clerk a petition praying that the court grant permission for the extension of the boundary lines of the district so as to embrace all lands that will be benefited, as shown by the report of the commissioners, and after such petition has been filed it shall be proceeded with in accordance with the provisions of this chapter governing the extension of boundary lines of districts.
S.C. Code Ann. § 49-19-920 — SC Code / Title 49 / Chapter 19 / Article 7 / Section 49-19-920
SECTION 49-19-920. Action on engineer's report.
Status: in_force

Upon receipt of the final report of the engineer concerning the surveys made of the lands contained in the district organized and the lands adjacent thereto and plans for reclaiming such lands the board of supervisors shall adopt such report or any modification thereof approved by the chief engineer, after consulting with him or someone representing him, and thereafter such adopted report shall be the plan for draining or reclaiming such lands from overflow or damage by waters and it shall, after such adoption, be known and designated as the "Plan of Reclamation." The plan shall be filed with the secretary of the board of supervisors and by him copied into the records of the district.
S.C. Code Ann. § 49-19-1750 — SC Code / Title 49 / Chapter 19 / Article 13 / Section 49-19-1750
SECTION 49-19-1750. Lien of drainage taxes; penalties and costs.
Status: in_force

All drainage taxes provided for in this chapter, together with all penalties for default in payment thereof and all costs in collecting them, including a reasonable attorney's fee fixed by the court and taxed as costs in the action brought to enforce payment, shall, from the date of assessment thereof until paid, constitute a lien to which only the lien of the State for general State, county, school and road taxes shall be paramount upon all lands against which such taxes shall be levied as is provided in this chapter; provided, that the lien for taxes assessed or levied for the purposes of any subdrainage district, with the penalties for default in the payment thereof and all costs incurred, shall be subject to the prior lien for drainage taxes assessed or levied for the district or districts first established as well as the lien for State and county taxes and the certificates asserting such lien shall so state.
S.C. Code Ann. § 49-19-240 — SC Code / Title 49 / Chapter 19 / Article 3 / Section 49-19-240
SECTION 49-19-240. Approvals or consents prerequisite to formation or consolidation.
Status: in_force

No drainage district shall be established or consolidated under any provisions of this chapter until there shall have been first obtained the written approval or consent of a majority of the owners or the owners of a majority in acreage of the lands within the district, such written approval or consent to be evidenced by the signing of the petition or otherwise.
S.C. Code Ann. § 49-30-80 — SC Code / Title 49 / Chapter 30 / Section 49-30-80
SECTION 49-30-80. Removal of unpermitted structures; FERC licensees; recovery of costs.
Status: in_force

(A) The department must contract to remove unpermitted structures pursuant to a court order and to the extent that the fund contains sufficient funds to cover the cost of removal. (B) FERC licensees are authorized to remove unpermitted structures located on licensed lakes pursuant to a court order. (1) A FERC licensee may recover from the owner of an unpermitted structure all costs associated with its removal. The department must provide the FERC licensee with any information in the department's possession that may be used to identify and locate an owner from whom the FERC permittee is seeking to recover its costs. (2) The provisions of this subsection do not create a new duty of care for FERC licensees.
S.C. Code Ann. § 49-11-170 — SC Code / Title 49 / Chapter 11 / Article 3 / Section 49-11-170
SECTION 49-11-170. Bringing unsafe dams to attention of department; preliminary inspections; detailed inspection at owner's expense; notice to owner; hearings.
Status: in_force

(A) The existence of a dam which is not maintained in good repair or operating condition or may be unsafe and a danger to life or property may be brought to the attention of the department by complaint, staff, or authorized investigation or by other means. (B) Upon staff or other authorized investigations or upon receipt of a written private complaint alleging that the person or property of the complainant is endangered by the construction, maintenance, operation, or condition of a dam or reservoir, the department shall cause a preliminary inspection of the structure and downstream development to be made by field observations to determine if the complaint is meritorious. The department may require the owner of the dam or reservoir to provide data, records, and design plans of the structure specified by regulations. (C) If upon the preliminary inspection it is determined that the dam or reservoir is unsafe and is dangerous to life or property, the department may order the owner at his expense to make a detailed inspection of the dam and reservoir and surrounding area and to provide to the department within a time frame specified by the department plans prepared by a qualified registered professional engineer for correction of all deficiencies of the dam or to provide to the department plans and specifications for removal of the dam. In either instance the plans must be approved by the department before implementation and implemented within a time frame specified by the department. If upon inspection it is determined that the dam or reservoir has not been maintained in good repair or operating condition, the department may order the owner at his expense to accomplish the necessary maintenance or to obtain a permit for removal and to remove the dam within a time frame specified by the department. (D) The department shall give the owner notice of its action when: (1) a complaint has been filed alleging that the owners' dam or reservoir is unsafe and a danger to life or property stating the nature of the complaint; (2) a preliminary inspection has been made with findings. (E) The owner of a dam or reservoir determined through a preliminary inspection not to be maintained in good repair or operating condition or to be unsafe and a danger to life or property may request a hearing before the board of the department within thirty days after notice of the findings are delivered. The owner may submit written or present oral evidence which must be considered by the board of the department in the issuance of the order.
S.C. Code Ann. § 49-27-30 — SC Code / Title 49 / Chapter 27 / Section 49-27-30
SECTION 49-27-30. Governing board; appointment and terms of commissioners.
Status: in_force

Upon its creation, the commission shall have a governing board of seven. Except as otherwise provided for the first four-year period, each commissioner shall serve either a three or a four-year term with commissioners to serve overlapping terms so that two commissioner appointments are made each year. Upon creation of the commission, the Board of Commissioners of Gaston County shall appoint three commissioners and the boards of the other two counties shall appoint two each. These initial appointees shall serve until September thirtieth following their appointment. Thereafter, appointments must be made for terms beginning each October first by the respective boards of the three counties as follows: (1) First Year: Three commissioners from Gaston, one appointed for a one-year term, one appointed for a three-year term, and one appointed for a four-year term; two commissioners from Mecklenburg, one appointed for a one-year term and one appointed for a two-year term; two commissioners from York, one appointed for a two-year term and one appointed for a three-year term. (2) Second Year: Two commissioners from Mecklenburg, one appointed for a three-year term and one appointed for a four-year term. (3) Third Year: Two commissioners from York, one appointed for a three-year term and one appointed for a four-year term. (4) Fourth year: Two commissioners from Gaston, one appointed for a three-year term and one appointed for a four-year term. (5) Fifth and succeeding years: Appointments for one three-year and one four-year term in rotation by county in the order set out above. On the death of a commissioner, resignation, incapacity, or inability to serve, as determined by the board appointing the commissioner, or removal of the commissioner for cause, as determined by the board appointing the commissioner, the board affected may appoint another commissioner to fill the unexpired term.
S.C. Code Ann. § 49-19-1880 — SC Code / Title 49 / Chapter 19 / Article 13 / Section 49-19-1880
SECTION 49-19-1880. Sale and deeds; title; redemption.
Status: in_force

If all the lands so advertised for sale be not sold on the day as advertised such sale shall continue from day to day until completed. The sheriff shall by proper deeds convey to the purchaser the lands so sold and the title to such land shall thereupon become vested in such purchaser as against all others whomsoever, subject, however, to the liens for all subsequent annual installments of drainage tax; provided, that any landowner shall have the right to redeem any and all lands sold at such sale within one year after the day when the lands are offered for sale. All deeds executed and delivered pursuant to this chapter shall have the same probative force as deeds executed under judicial sales in other civil actions.
S.C. Code Ann. § 49-17-50 — SC Code / Title 49 / Chapter 17 / Article 1 / Section 49-17-50
SECTION 49-17-50. Drainage record.
Status: in_force

The clerk of the court of common pleas shall provide a suitable book to be known as the "Drainage Record" in which he shall transcribe every petition, motion, order, report, judgment or finding of the board in every drainage transaction that may come before it in such a manner as to make a complete and continuous record of the case. Copies of all the maps and profiles are to be furnished by the engineer and marked by the clerk "official copies" and shall be kept on file by him in his office and one other copy shall be pasted or otherwise attached to his record book.
S.C. Code Ann. § 49-17-580 — SC Code / Title 49 / Chapter 17 / Article 5 / Section 49-17-580
SECTION 49-17-580. Account of cost of survey.
Status: in_force

The engineer and viewers shall keep an accurate account and report to the clerk of the court the name of each person employed on the survey, the number of days he was employed, the kind of work he was doing, any expense that may have been incurred in going to and from the work and the cost of any supplies or material that may have been used in making the survey.
S.C. Code Ann. § 49-33-20 — SC Code / Title 49 / Chapter 33 / Section 49-33-20
SECTION 49-33-20. Creation of Lake Paul A. Wallace Authority; functions.
Status: in_force

(A) There is hereby created a body corporate and politic to be known as the "Lake Paul A. Wallace Authority". (B) The function of the authority is to: (1) be the body politic and corporate to manage, maintain, and operate the Lake Paul A. Wallace; (2) ensure that the primary purpose of the lake is for public fishing and recreation in compliance with the federal law under which the lake was established; and (3) provide that the wildlife habitat remain a protected area as long as this function does not contravene with the provisions contained in item (1) of this subsection.
S.C. Code Ann. § 49-17-1700 — SC Code / Title 49 / Chapter 17 / Article 13 / Section 49-17-1700
SECTION 49-17-1700. Assessments of less than twenty-five dollars payable in cash.
Status: in_force

When the original assessment for drainage purposes is less than twenty-five dollars upon a property the owner must pay it in cash so that there will be no necessity to issue bonds thereon for drainage purposes.
S.C. Code Ann. § 49-19-1800 — SC Code / Title 49 / Chapter 19 / Article 13 / Section 49-19-1800
SECTION 49-19-1800. Sufficiency of allegations in suit to enforce lien.
Status: in_force

In such suits it shall be sufficient to allege generally and briefly the organization of the district and the levy and nonpayment of the taxes, setting forth the descriptions of the lands proceeded against and the amount chargeable to each tract.
S.C. Code Ann. § 49-17-1080 — SC Code / Title 49 / Chapter 17 / Article 9 / Section 49-17-1080
SECTION 49-17-1080. Work of crossing railroad right of way.
Status: in_force

At the time agreed upon, the railroad company shall remove its rails, ties, stringers and other such obstructions, if such removal should be necessary, to permit the expeditious execution of the work across its right of way. The work shall be so planned and conducted as to interfere in the least possible manner with the business of the railroad. In case the railroad company refuses and fails to make the aforenamed provision for the execution of the work on its right of way it shall be held as delaying the construction of the improvement and shall be liable to a penalty of twenty-five dollars per day for each day of delay, to be collected by the board of drainage commissioners for the benefit of the drainage district, as in the case of other penalties. Such a penalty may be collected in any court having jurisdiction and shall inure to the benefit of the drainage district.
S.C. Code Ann. § 49-7-40 — SC Code / Title 49 / Chapter 7 / Section 49-7-40
SECTION 49-7-40. Officers of Authority.
Status: in_force

The Authority shall convene at a place to be designated by the mayor of Charleston, in his capacity as a member of the Authority, and shall organize by electing one of their number as chairman, a second as vice-chairman, a third as secretary, and a fourth as treasurer. The terms of office of the foregoing officers of the Authority shall be for such period as the Authority shall determine in its bylaws.
S.C. Code Ann. § 49-11-180 — SC Code / Title 49 / Chapter 11 / Article 3 / Section 49-11-180
SECTION 49-11-180. Voluntary compliance; time extensions.
Status: in_force

(A) The department may solicit voluntary compliance by the owner of a dam or reservoir found to be unsafe and a danger to life or property to take remedial steps necessary to render the dam safe. (B) Extension of time to complete work specified in an order may be granted by the department. No extension may be granted when there appears substantial and immediate danger of dam failure.
S.C. Code Ann. § 49-4-55 — SC Code / Title 49 / Chapter 4 / Section 49-4-55
SECTION 49-4-55. Registered and exempt surface water withdrawers can apply for surface water withdrawal permits; criteria.
Status: in_force

(A) A registered surface water withdrawer is not prohibited from applying for a surface water withdrawal permit. The permit application must be considered using the criteria established in the section establishing the permit for which the registered surface water withdrawer is applying. A registered surface water withdrawer that obtains a surface water withdrawal permit must abide by all of the terms of this chapter related to permit holders and is entitled to all of the rights conferred by a permit. (B) An exempt surface water withdrawer is not prohibited from applying for a surface water withdrawal permit or from registering its use. An exempt surface water withdrawer's application for a permit must be considered using the criteria established in the section establishing the permit for which the registered surface water withdrawer is applying. An exempt surface water withdrawer that obtains a permit or registers its use is entitled to all of the rights conferred upon by a permit or a registered surface water withdrawer, as the case may be. Editor's Note 2010 Act No. 247, SECTION 4.B, provides: "Chapter 1, Title 49 of the 1976 Code is not affected by and supersedes Chapter 4, Title 49 of the 1976 Code, as amended by SECTION 1 of this act."
S.C. Code Ann. § 49-19-550 — SC Code / Title 49 / Chapter 19 / Article 5 / Section 49-19-550
SECTION 49-19-550. Annual elections of supervisors.
Status: in_force

Every year in the same month after the time for the election of the first board of supervisors they shall call a meeting of the landowners in the district in the same manner as is provided for in SECTION 49-19-510 and the owners of land in such district shall meet at the stated time and place and elect one supervisor therefor or, in case of their failure so to elect, the Director of the Department of Administration shall appoint such supervisor, in like manner as prescribed in SECTION 49-19-530, who shall hold his office for three years or until his successor is elected and qualified. Code Commissioner's Note At the direction of the Code Commissioner, references in this section to the offices of the former State Budget and Control Board, Office of the Governor, or other agencies, were changed to reflect the transfer of them to the Department of Administration or other entities, pursuant to the directive of the South Carolina Restructuring Act, 2014 Act No. 121, SECTION 5(D)(1), effective July 1, 2015.
S.C. Code Ann. § 49-17-210 — SC Code / Title 49 / Chapter 17 / Article 3 / Section 49-17-210
SECTION 49-17-210. Powers of clerk of court.
Status: in_force

The clerk of the court of common pleas of any county of this State may establish a levee or drainage district or districts in his county, locate and establish levees, drains or canals, cause to be constructed, straightened, widened or deepened any ditch, drain or watercourse and build levees or embankments and erect tide gates and pumping plants for the purpose of draining and reclaiming wet, swamp or overflowed lands.
S.C. Code Ann. § 49-5-70 — SC Code / Title 49 / Chapter 5 / Section 49-5-70
SECTION 49-5-70. Exemptions.
Status: in_force

(A) The following are exempt from this chapter: (1) emergency withdrawals of groundwater; (2) any person withdrawing groundwater for nonconsumptive uses; (3) a person withdrawing groundwater for the purpose of wildlife habitat management; (4) A person withdrawing groundwater at a single family residence or household for noncommercial use. (B) The following are exempt from the permitting requirements of Section 49-5-100 and the public notification requirements of Section 49-5-50: (1) dewatering operations at mines; (2) all other dewatering operations; (3) Type I wells installed into crystalline bedrock in the Coastal Plain Groundwater Management Area; (4) groundwater withdrawer constructing a new well to replace an existing well. (C) Aquifer storage and recovery wells are exempt from the requirements of this chapter if: (1) a permit in accordance with the Underground Injection Control Regulations, Regulation 61-87, S. C. Code of Regulations, is obtained from the department; and (2) the amount of water withdrawn does not exceed the amount of water injected. (D) The department may exempt wells of diminutive yield from the requirements of this chapter if these wells are used for purposes other than the wells which result in a person being considered a groundwater user.
S.C. Code Ann. § 49-19-2350 — SC Code / Title 49 / Chapter 19 / Article 17 / Section 49-19-2350
SECTION 49-19-2350. Readjustment no more than once in five years.
Status: in_force

There shall be no such readjustment of benefits oftener than once in five years.
S.C. Code Ann. § 49-17-230 — SC Code / Title 49 / Chapter 17 / Article 3 / Section 49-17-230
SECTION 49-17-230. Effect of lands being in more than one county.
Status: in_force

When the lands proposed to be drained and created into a drainage district are located in two or more counties the clerk of court of common pleas of either county shall have and exercise the jurisdiction herein conferred and the venue shall be in that county in which the petition is first filed.
S.C. Code Ann. § 49-11-160 — SC Code / Title 49 / Chapter 11 / Article 3 / Section 49-11-160
SECTION 49-11-160. Order to maintain, alter, repair, or remove dam or reservoir; findings supporting order.
Status: in_force

The department may issue an order directing the owner of a dam or reservoir to make at his expense the necessary maintenance, alteration, repair, or removal upon a finding that the dam or reservoir: (a) is or has become unsafe and is dangerous to life or property; (b) is not maintained in good repair or operating condition; or (c) is not maintained or operated in accordance with the terms and conditions of the certificate of completion and operation issued by the department.
S.C. Code Ann. § 49-11-120 — SC Code / Title 49 / Chapter 11 / Article 3 / Section 49-11-120
SECTION 49-11-120. Definitions.
Status: in_force

Unless the context otherwise requires, as used in this article: (1) "Alterations" and "repairs" mean only the alterations or repairs which may affect the safety of a dam or reservoir. (2) "Appurtenant works" include, but are not limited to, structures such as spillways, either in the dam or separate from it, low-level outlet works, and water conduits. (3) "Department" means the South Carolina Department of Health and Environmental Control or its staff or agents. (4) "Dam" means an artificial barrier with appurtenant works, including, but not limited to, dams, levees, dikes, or floodwalls for the impoundment or diversion of waters or other fluids where failure may cause danger to life or property. However, this does not include a dam: (a) less than twenty-five feet in height from the natural bed of the stream or watercourse measured at the downstream toe of the dam, or less than twenty-five feet from the lowest elevation of the outside limit of the dam, if it is not across a stream channel or watercourse, to the maximum water storage elevation and has an impounding capacity at maximum water storage elevation of less than fifty-acre feet unless a situation exists where the hazard potential as determined by the department is such that dam failure or improper reservoir operation may cause loss of human life; (b) owned or operated by a department or an agency of the federal government; (c) owned or licensed by the Federal Energy Regulatory Commission, the South Carolina Public Service Authority, the Nuclear Regulatory Commission, the United States Corps of Engineers, or other responsible federal licensing agencies considered appropriate by the department; (d) upon which the Department of Transportation or county or municipal governments have accepted maintenance responsibility for a road or highway where that road or highway is the only danger to life or property with respect to failure of the dam. (5) "Districts" means the soil and water conservation districts of this State. For the purposes of this article the districts may serve as agents and advisors to the department. (6) "Danger to life or property" means a situation exists where the hazard potential as determined by the department is such that dam failure or improper reservoir operation may cause injury to persons, loss of human life, or damage to property. (7) "Detailed inspection" means all studies, investigations, and analyses necessary to evaluate conclusively the structural safety and hydraulic capacity of a dam or reservoir and appurtenant works. This inspection includes, but is not limited to, soil analyses, concrete or earth stability analyses, materials testing, foundation explorations, and hydrologic analyses, including basin studies and flood potential. This inspection must be performed by a qualified registered professional engineer. (8) "Enlargement" means a change in or an addition to an existing dam or reservoir which raises or may raise the water storage elevation of the water impounded by the dam or reservoir. (9) "Owner" means those who own, control, operate, maintain, manage, or propose to construct a dam or reservoir. (10) "Removal" means destruction or breaching of an existing dam or drainage of water impoundment or reservoir. (11) "Reservoir" means a reservoir which contains the impoundment of water by a dam or reservoir. (12) "Order" means a written document prepared and issued by the department which mandates specific actions to be accomplished by a dam owner within a specified time frame. Failure to comply makes the owner subject to penalties outlined in Section 49-11-260. (13) "Unsafe" means the condition of the dam is such that repairs or alterations are necessary to reduce the risk of dam failure.
S.C. Code Ann. § 49-19-700 — SC Code / Title 49 / Chapter 19 / Article 5 / Section 49-19-700
SECTION 49-19-700. Offices; supplies.
Status: in_force

The board of supervisors shall furnish the secretary and the district treasurer with necessary office room, furniture, stationery, maps, plats, typewriter and postage.
S.C. Code Ann. § 49-29-40 — SC Code / Title 49 / Chapter 29 / Section 49-29-40
SECTION 49-29-40. Types of rivers eligible for inclusion in scenic rivers program.
Status: in_force

The following types of rivers are eligible for inclusion in the State Scenic Rivers Program: Natural rivers: those free-flowing rivers or river segments generally inaccessible except by trail or river, with adjacent lands and shorelines essentially undeveloped and its waters essentially unpolluted. Scenic rivers: those rivers or river segments which are essentially free flowing and possess shorelines largely undeveloped and with limited road access. Adjacent lands are partially or predominantly used for agriculture, silviculture, or other dispersed human activity which does not disturb substantially the natural character of the river corridor. Recreational rivers: those rivers or river segments accessible by road and that possess development along shorelines and adjacent lands. Included are rivers with developed or partially developed shorelines and adjacent lands for residential, commercial, or industrial purposes, rivers with parallel roads or railroads, and rivers with some impoundments. These rivers or river segments provide outstanding river-related recreational opportunities.
S.C. Code Ann. § 49-23-40 — SC Code / Title 49 / Chapter 23 / Section 49-23-40
SECTION 49-23-40. Applicability of chapter.
Status: in_force

This chapter applies to all of the water resources in streams, lakes, and potable drinking water supplies and water levels in the above and below ground water tables of the State, but this chapter does not authorize any restriction in use of water during an incipient, moderate, and severe drought declaration injected into aquifer storage and recovery facilities, water stored in managed watershed impoundments or water from any pond completely situated on private property and fed only by diffused surface water. During a drought declaration, the use of water from a managed watershed impoundment shall not be restricted as long as minimum streamflow or flow equal to the 7Q10 is maintained, whichever is less. For the purposes of this chapter, the waters of the State shall include all groundwater and all surface water within the State as defined in Section 49-23-20. The drought response plan applies to every person using water in this State.
S.C. Code Ann. § 49-33-10 — SC Code / Title 49 / Chapter 33 / Section 49-33-10
SECTION 49-33-10. Definitions.
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Authority" means the Lake Paul A. Wallace Authority, a body corporate and politic created to receive, manage, maintain, and operate the property known as Lake Paul A. Wallace located in Marlboro County. (2) "Department" means the Department of Natural Resources. (3) "Lake" means Lake Paul A. Wallace.
S.C. Code Ann. § 49-30-50 — SC Code / Title 49 / Chapter 30 / Section 49-30-50
SECTION 49-30-50. Permit to maintain existing structure.
Status: in_force

An owner of a structure existing on March 21, 2007, may apply for a permit from the department authorizing the owner to maintain his structure in its permitted location for five years. A permit may not be renewed, extended, or transferred.
S.C. Code Ann. § 49-29-200 — SC Code / Title 49 / Chapter 29 / Section 49-29-200
SECTION 49-29-200. Enforcement of provisions of chapter.
Status: in_force

The Natural Resources Enforcement Division of the Department of Natural Resources and the State Forestry Commission, as well as local sheriffs, constables, and special officers, shall cooperate in the inspection and enforcement of the provisions of this chapter.
S.C. Code Ann. § 49-17-840 — SC Code / Title 49 / Chapter 17 / Article 7 / Section 49-17-840
SECTION 49-17-840. Superintendent of construction.
Status: in_force

The board of drainage commissioners shall appoint a competent person as superintendent of construction. Such person shall furnish a bond, to be approved by the commissioners, in the penal sum of ten thousand dollars, conditioned upon the honest and faithful performance of his duties, such bond to be in favor of the board of drainage commissioners.
S.C. Code Ann. § 49-5-120 — SC Code / Title 49 / Chapter 5 / Section 49-5-120
SECTION 49-5-120. Violations of chapter or regulation; civil and criminal penalties.
Status: in_force

(A) A person wilfully violating a provision of this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars a day for each violation. (B) A violation of a provision of this chapter or a regulation promulgated under the authority of this chapter renders the violator liable to the State for a civil penalty of not more than one thousand dollars a day for each violation. (C) The department may administer penalties as otherwise provided herein for a violation of this chapter, an order, regulation, standard, permit, or permit condition or may request the Attorney General to commence an action under this subsection in an appropriate court of the State to secure a penalty. (D) The department may cause to be instituted a civil action in a court of applicable jurisdiction for injunctive relief to prevent violation of this chapter or an order issued pursuant to this chapter. (E) Civil penalties collected pursuant to this section must be deposited in the general fund of the State.
S.C. Code Ann. § 49-17-1370 — SC Code / Title 49 / Chapter 17 / Article 11 / Section 49-17-1370
SECTION 49-17-1370. Sinking fund.
Status: in_force

In order to provide for the payment of bonds at maturity a "sinking fund" shall be provided as follows: Five years from the date of the bond issue and at the same time each succeeding year until the maturity of the bonds the board of drainage commissioners shall collect from the several tracts assessed in the bond issue a sum of money which, when placed in a bank and interest paid thereon at four per cent, compounded quarterly, shall equal the total assessment against all the tracts in the bond issue at the end of twenty years. This amount shall be placed in some State or national bank of reputable standing and shall bear four per cent interest, compounded quarterly. This sum shall be collected along with the interest on the bonds and at the same time and in the same manner as State and county taxes are collected. At the date of maturity of the bonds such sum shall be paid over to the bondholders in liquidation of the bonds, such funds to be drawn out of the bank of deposit by the clerk of the court. In no case shall bonds be issued until the tax levy has been made to meet them as they come due.