reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 9 - Soil And Water Conservation Districts Law › Section 48-9-580. Referendum on establishment of district.

After the department has made and recorded a determination that there is need, in the interest of the public health, safety and welfare, for the organization of a district in a particular territory and has defined the boundaries thereof, it shall, within a reasonable time after entry of the finding that there is need for the organization of the proposed district and the determination of the boundaries thereof hold a referendum within the proposed district upon the proposition of the creation of the district and cause due notice of such referendum to be given. The question shall be submitted by ballots upon which the words "For creation of a soil and water conservation district of the lands below described and lying in the county(ies) of (and )" and "Against creation of a soil and water conservation district of the lands below described and lying in the county(ies) of (and )" shall appear with a square before each proposition and a direction to insert an X mark in the square before one or the other of said propositions as the voter may favor or oppose creation of such district. The ballot shall set forth the boundaries of such proposed district as determined by the department. All owners of lands lying within the boundaries of the territory, as determined by the department, shall be eligible to vote in such referendum. Only such landowners shall be eligible to vote.
HISTORY: 1962 Code Section 63-88; 1952 Code Section 63-88; 1942 Code Section 5806-105; 1937 (40) 242; 1965 (54) 106; 1970 (56) 2331; 1993 Act No. 181, Section 1188.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 9 - Soil And Water Conservation Districts Law › Section 48-9-590. Conduct of hearings and referenda; expenses.

The department shall pay all expenses for the issuance of such notices and the conduct of such hearings and referenda and shall supervise the conduct of such hearings and referenda. It shall issue appropriate regulations governing the conduct of such hearings and referenda and providing for the registration prior to the date of the referendum of all eligible voters or prescribing some other appropriate procedure for the determination of those eligible as voters in such referendum. No informalities in the conduct of such referendum or in any matters relating thereto shall invalidate the referendum or the result thereof if notice thereof shall have been given substantially as provided in Section 48-9-540 and such referendum shall have been fairly conducted.
HISTORY: 1962 Code Section 63-89; 1952 Code Section 63-89; 1942 Code Section 5806-105; 1937 (40) 242; 1970 (56) 2331; 1993 Act No. 181, Section 1188.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 9 - Soil And Water Conservation Districts Law › Section 48-9-600. Final determination as to establishment of district.

The department shall publish the result of such referendum and shall thereafter consider and determine whether the operation of the district within the defined boundaries is administratively practicable and feasible. If the department shall determine that the operation of such district is not administratively practicable and feasible it shall record such determination and deny the petition. If the department shall determine that the operation of such district is administratively practicable and feasible it shall record such determination and shall proceed with the organization of the district in the manner provided in Sections 48-9-610 to 48-9-630. In making such determination the department shall give due regard and weight to the attitudes of the owners and occupiers of lands lying within the defined boundaries, the number of landowners eligible to vote in such referendum who shall have voted, the proportion of the votes cast in such referendum in favor of the creation of the district to the total number of votes cast, the approximate wealth and income of the landowners and occupiers of the proposed district, the probable expense of carrying on erosion-control operations within such district and such other economic and social factors as may be relevant to such determination, having due regard to the legislative determinations set forth in Section 48-9-20. The department shall not have authority to determine that the operation of the proposed district within the defined boundaries is administratively practicable and feasible unless at least a majority of the votes cast in the referendum upon the proposition of creation of the district shall have been cast in favor of the creation of such district.
HISTORY: 1962 Code Section 63-90; 1952 Code Section 63-90; 1942 Code Section 5806-105; 1937 (40) 242; 1970 (56) 2331; 1993 Act No. 181, Section 1188.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 9 - Soil And Water Conservation Districts Law › Section 48-9-610. Appointment of two commissioners of new district.

If the department shall determine that the operation of the proposed district within the defined boundaries is administratively practicable and feasible it shall appoint two commissioners to act with the three commissioners elected as provided in Article 11 of this chapter as the governing body of the district.
HISTORY: 1962 Code Section 63-91; 1952 Code Section 63-91; 1942 Code Section 5806-105; 1937 (40) 242; 1970 (56) 2331; 1993 Act No. 181, Section 1188.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 9 - Soil And Water Conservation Districts Law › Section 48-9-620. Filing and contents of application by appointed commissioners with Secretary of State.

The two appointed commissioners shall present to the Secretary of State an application signed by them, which shall set forth (and such application need contain no detail other than the mere recitals) that:
(1) A petition for the creation of the district was filed with the department pursuant to the provisions of this chapter and that the proceedings specified in this chapter were taken pursuant to such petition;
(2) The application is being filed in order to complete the organization of the district under this chapter and the department has appointed the signers as commissioners;
(3) The name and official residence of each of the commissioners, together with a certified copy of the appointments evidencing their right to office;
(4) The term of office of each of the commissioners;
(5) The name which is proposed for the district; and
(6) The location of the principal office of the commissioners of the district.
The application shall be subscribed and sworn to by each of the commissioners before an officer authorized by the laws of this State to take and certify oaths, who shall certify upon the application that he personally knows the commissioners and knows them to be the officers as affirmed in the application and that each has subscribed thereto in the officer's presence. The application shall be accompanied by a statement by the department which shall certify (and such statement need contain no detail other than the mere recitals) that a petition was filed, notice issued and hearing held as provided in Sections 48-9-510 and 48-9-540; that the department did duly determine that there is need, in the interest of the public health, safety and welfare, for a soil and water conservation district to function in the proposed territory and did define the boundaries thereof; that notice was given and a referendum held on the question of the creation of such district and that the result of such referendum showed a majority of the votes cast in such referendum to be in favor of the creation of the district; and that thereafter the department did duly determine that the operation of the proposed district is administratively practicable and feasible. Such statement shall set forth the boundaries of the district as defined by the department.
HISTORY: 1962 Code Section 63-92; 1952 Code Section 63-92; 1942 Code Section 5806-105; 1937 (40) 242; 1965 (54) 106; 1970 (56) 2331; 1972 (57) 2271; 1993 Act No. 181, Section 1188.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 9 - Soil And Water Conservation Districts Law › Section 48-9-630. Action by Secretary of State on application.

The Secretary of State shall examine the application and statement and, if he finds that the name proposed for the district is not identical with that of any other soil and water conservation district of this State or so nearly similar as to lead to confusion or uncertainty, he shall receive and file them and shall record them in an appropriate book of record in his office. If the Secretary of State shall find that the name proposed for the district is identical with that of any other soil and water conservation district of this State or so nearly similar as to lead to confusion and uncertainty, he shall certify such fact to the department, which shall thereupon submit to the Secretary of State a new name for the district, which shall not be subject to such defects. Upon receipt of such new name, free of such defects, the Secretary of State shall record the application and statement, with the name so modified, in an appropriate book of record in his office. When the application and statement have been made, filed and recorded, as provided in Section 48-9-620 and this section, the district shall constitute a governmental subdivision of this State and a public body corporate and politic exercising public powers. The Secretary of State shall make and issue to the commissioners a certificate, under the seal of the State, of the due organization of the district and shall record such certificate with the application and statement.
HISTORY: 1962 Code Section 63-93; 1952 Code Section 63-93; 1942 Code Section 5806-105; 1937 (40) 242; 1965 (54) 106; 1970 (56) 2331; 1972 (57) 2271; 1993 Act No. 181, Section 1188.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 9 - Soil And Water Conservation Districts Law › Section 48-9-640. Subsequent petition if previous determination was against feasibility of district.

After six months shall have expired from the date of entry of a determination by the department that the operation of a proposed district is not administratively practicable and feasible and a denial of a petition pursuant to such determination, subsequent petitions may be filed as provided in Section 48-9-510 and action taken thereon in accordance with the provisions of this chapter.
HISTORY: 1962 Code Section 63-94; 1952 Code Section 63-94; 1942 Code Section 5806-105; 1937 (40) 242; 1965 (54) 106; 1970 (56) 2331; 1972 (57) 2271; 1993 Act No. 181, Section 1188.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 9 - Soil And Water Conservation Districts Law › Section 48-9-650. Certificate conclusive as to establishment of district; admissibility of certificate as evidence.

In any suit, action or proceeding involving the validity or enforcement of, or relating to, any contract, proceeding or action of the district, the district shall be deemed to have been established in accordance with the provisions of this chapter upon proof of the issuance of the certificate by the Secretary of State as provided in Section 48-9-630. A copy of such certificate duly certified by the Secretary of State shall be admissible in evidence in any such suit, action or proceeding and shall be proof of the filing and contents thereof.
HISTORY: 1962 Code Section 63-95; 1952 Code Section 63-95; 1942 Code Section 5806-105; 1937(40) 242; 1993 Act No. 181, Section 1188.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 9 - Soil And Water Conservation Districts Law › Section 48-9-810. Petition for enlarging existing district.

Petitions for including additional territory within an existing district may be filed with the department and the proceedings provided for in Article 5 of this chapter in the case of petitions to organize a district shall be observed in the case of petitions for such inclusion. The department shall prescribe the form for such petition, which shall be as nearly as may be in the form prescribed in Article 5 of this chapter for petitions to organize a district. When the total number of landowners in the area proposed for inclusion shall be less than twenty-five, the petition may be filed when signed by a majority of the landowners of such area and in such case no referendum need be held. In referenda upon petitions for such inclusion, all owners of land lying within the proposed additional area shall be eligible to vote.
HISTORY: 1962 Code Section 63-101; 1952 Code Section 63-101; 1942 Code Section 5806-105; 1937 (40) 242; 1965 (54) 106; 1970 (56) 2331; 1972 (57) 2271; 1993 Act No. 181, Section 1189.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 9 - Soil And Water Conservation Districts Law › Section 48-9-820. Petition for subdivision of district.

A portion of a soil and water conservation district, such portion being composed of one or more entire counties, may withdraw from such district and constitute itself a separate soil and water conservation district by the procedure set forth in this section and Sections 48-9-830 and 48-9-840. A petition signed by a majority of the members of the governing body of the soil and water conservation district or a petition signed by twenty-five landowners of the county or counties wishing to withdraw and constitute themselves a separate district may be filed with the department asking that the subdivision be made and constitute a district. Such petition shall (a) set forth the name of the district, (b) describe the existing boundary lines of the district and boundary lines of the proposed district (subdivision) and (c) request that the department hold a public hearing upon the question of the proposed subdivision and that the department duly define the boundary lines as set out in the petition.
HISTORY: 1962 Code Section 63-102; 1952 Code Section 63-102; 1946 (44) 1537; 1965 (54) 106; 1970 (56) 2331; 1972 (57) 2271; 1993 Act No. 181, Section 1189.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 9 - Soil And Water Conservation Districts Law › Section 48-9-830. Hearing on petition for subdivision of district.

Within thirty days after such a petition has been filed with the department, it shall cause due notice to be given of a proposed hearing upon the question of the proposed subdivision. All occupiers of land lying within the proposed district and all other interested parties shall have the right to attend such hearing and to be heard.
HISTORY: 1962 Code Section 63-103; 1952 Code Section 63-103; 1946 (44) 1537; 1970 (56) 2331; 1993 Act No. 181, Section 1189.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 9 - Soil And Water Conservation Districts Law › Section 48-9-840. Determination as to subdivisions.

After such hearing the department shall determine, upon the facts presented at such hearing and upon such other relevant facts and information as may be available, whether there is need in the interest of the public health, safety and welfare for the proposed subdivision and whether the operation of the districts within the proposed boundaries will be administratively practicable and feasible. In making such determination, the department shall give due weight and consideration to the legislative determinations set forth in Section 48-9-20 and to the standards provided in Sections 48-9-560 and 48-9-600 for the guidance of the department in making its determinations in connection with the organization of districts. If the department determines that the proposed subdivision is not necessary in the interest of the public health, safety and welfare, or that the operation of the districts within the proposed boundaries would not be administratively practicable or feasible, it shall record such determination and deny the petition. If the department shall determine in favor of the proposed subdivision, it shall record such determination and define the boundary lines between the districts and shall notify the chairman of the governing body of the district to be divided of its determination.
HISTORY: 1962 Code Section 63-104; 1952 Code Section 63-104; 1946 (44) 1537; 1970 (56) 2331; 1993 Act No. 181, Section 1189.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 9 - Soil And Water Conservation Districts Law › Section 48-9-850. Organization of subdivision as district.

The department shall then proceed in accordance with Sections 48-9-610 to 48-9-630 to organize the subdivision into a district and to inform the Secretary of State of the change in the boundaries of the remaining district and to complete the organization of the governing body of the remaining district.
HISTORY: 1962 Code Section 63-105; 1952 Code Section 63-105; 1946 (44) 1537; 1970 (56) 2331; 1993 Act No. 181, Section 1189.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 9 - Soil And Water Conservation Districts Law › Section 48-9-1010. Petition for discontinuance of district; hearings on discontinuance.

At any time after five years after the organization of a district under the provisions of this chapter any twenty-five owners of land lying within the boundaries of such district may file a petition with the department praying that the operations of the district be terminated and the existence of the district discontinued. The department may conduct such public meetings and public hearings upon the petition as may be necessary to assist it in the consideration thereof.
HISTORY: 1962 Code Section 63-111; 1952 Code Section 63-111; 1942 Code Section 5806-114; 1937 (40) 242; 1965 (54) 106; 1970 (56) 2331; 1972 (57) 2271; 1993 Act No. 181, Section 1190.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 9 - Soil And Water Conservation Districts Law › Section 48-9-1020. Referendum on discontinuance.

Within sixty days after such a petition has been received by the department it shall give due notice of the holding of a referendum and shall supervise such referendum and issue appropriate regulations governing the conduct thereof. The question shall be submitted by ballots upon which the words "For terminating the existence of the (name of the soil and water conservation district to be here inserted)" and "Against terminating the existence of the (name of the soil and water conservation district to be here inserted)" shall appear with a square before each proposition and a direction to insert an X mark in the square before one or the other of the propositions as the voter may favor or oppose discontinuance of such district. All owners of land lying within the boundaries of the district shall be eligible to vote in such referendum. Only such landowners shall be eligible to vote. No informalities in the conduct of such referendum or in the matters relating thereto shall invalidate the referendum or the result thereof if notice thereof shall have been given substantially as provided in this section and the referendum shall have been fairly conducted.
HISTORY: 1962 Code Section 63-112; 1952 Code Section 63-112; 1942 Code Section 5806-114; 1937 (40) 242; 1965 (54) 106; 1970 (56) 2331; 1993 Act No. 181, Section 1190.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 9 - Soil And Water Conservation Districts Law › Section 48-9-1030. Decision as to discontinuance.

The department shall publish the result of such referendum and shall thereafter consider and determine whether the continued operation of the district within the defined boundaries is administratively practicable and feasible. If the department shall determine that the continued operation of such district is administratively practicable and feasible it shall record such determination and deny the petition. If the department shall determine that the continued operation of such district is not administratively practicable and feasible it shall record such determination and shall certify such determination to the commissioners of the district. In making such determination the department shall give due regard and weight to the attitude of the owners and occupiers of lands lying within the district, the number of landowners eligible to vote in such referendum who shall have voted, the proportion of the votes cast in such referendum in favor of the discontinuance of the district to the total number of votes cast, the approximate wealth and income of the landowners and occupiers of the district, the probable expense of carrying on erosion-control operations within the district and such economic and social factors as may be relevant to such determination, having due regard to the legislative findings set forth in Section 48-9-20. But the department shall not have authority to determine that the continued operation of the district is administratively practicable and feasible unless at least a majority of the votes cast in the referendum shall have been cast in favor of the continuance of such district.
HISTORY: 1962 Code Section 63-113; 1952 Code Section 63-113; 1942 Code Section 5806-114; 1937 (40) 242; 1970 (56) 2331; 1993 Act No. 181, Section 1190.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 9 - Soil And Water Conservation Districts Law › Section 48-9-1040. Termination of affairs and dissolution of district.

Upon receipt from the department of a certification that the department has determined that the continued operation of the district is not administratively practicable and feasible, pursuant to the provisions of this article, the commissioners shall forthwith proceed to terminate the affairs of the district. The commissioners shall dispose of all property belonging to the district at public auction and shall pay over the proceeds of such sale to be converted into the State Treasury. The commissioners shall thereupon file an application, duly verified, with the Secretary of State for the discontinuance of such district and shall transmit with such application the certificate of the department setting forth the determination of the department that the continued operation of such district is not administratively practicable and feasible. The application shall recite that the property of the district has been disposed of and the proceeds paid over as in this section provided and shall set forth a full accounting of such properties and proceeds of the sale. The Secretary of State shall issue to the commissioners a certificate of dissolution and shall record such certificate in an appropriate book of record in his office.
HISTORY: 1962 Code Section 63-114; 1952 Code Section 63-114; 1942 Code Section 5806-114; 1937 (40) 242; 1965 (54) 106; 1970 (56) 2331; 1972 (57) 2271; 1993 Act No. 181, Section 1190.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 9 - Soil And Water Conservation Districts Law › Section 48-9-1050. Effect of dissolution.

Upon issuance of a certificate of dissolution under the provisions of this article all ordinances and regulations theretofore adopted and in force within such district shall be of no further force and effect. All contracts theretofore entered into to which the district or commissioners are parties shall remain in force and effect for the period provided in such contracts. The department shall be substituted for the district or commissioners as a party to such contracts. The department shall be entitled to all benefits and subject to all liabilities under such contracts and shall have the same right and liability to perform, to require performance, to sue and be sued thereon and to modify or terminate such contracts by mutual consent or otherwise as the commissioners of the district would have had. Such dissolution shall not affect the lien of any judgment entered under the provisions of Section 48-9-1630 nor the pendency of any action instituted under the provisions of Section 48-9-1610 and the department shall succeed to all the rights and obligations of the district or commissioners as to such liens and actions.
HISTORY: 1962 Code Section 63-115; 1952 Code Section 63-115; 1942 Code Section 5086-114; 1937 (40) 242; 1965 (54) 106; 1970 (56) 2331; 1972 (57) 2271; 1993 Act No. 181, Section 1190.
Editor's Note
Sections 48-9-1610 and 48-9-1630, referenced in the text, were repealed by 2019 Act No. 74, Section 9.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 9 - Soil And Water Conservation Districts Law › Section 48-9-1060. Petitions for dissolution need not be entertained more than once in five years.

The department shall not be required to entertain petitions for the discontinuance of any district nor conduct referenda upon such petitions nor make determinations pursuant to such petitions in accordance with the provisions of this article more often than once in five years.
HISTORY: 1962 Code Section 63-116; 1952 Code Section 63-116; 1942 Code Section 5806-114; 1937 (40) 242; 1965 (54) 106; 1970 (56) 2331; 1972 (57) 2271; 1993 Act No. 181, Section 1190.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 9 - Soil And Water Conservation Districts Law › Section 48-9-1210. Qualifications of appointed commissioners.

The two commissioners appointed by the board shall be persons who are by training and experience qualified to perform the specialized skilled services which will be required of them in the performance of their duties under this chapter.
HISTORY: 1962 Code Section 63-121; 1952 Code Section 63-121; 1942 Code Section 5806-107; 1937 (40) 242; 1970 (56) 2331; 1993 Act No. 181, Section 1191.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 9 - Soil And Water Conservation Districts Law › Section 48-9-1220. Nomination and election of commissioners.

Effective November, 1982, and in November of the appropriate years thereafter, three commissioners from each district must be elected. The election must be nonpartisan and must be conducted by the county election commission at the same time as other county officers are elected in the general election.
To be placed on the ballot for county offices, each candidate shall submit to the county election commission a nominating petition with the signatures of one hundred qualified registered electors or one percent of the qualified registered electors of the district, whichever is lesser.
The nominees in the petition must be placed on the appropriate official ballot for the election if the petition is submitted to the county election commission not later than twelve noon on July fifteenth or, if July fifteenth falls on Sunday, no later than twelve noon on the following Monday. The form of the petition must comply with the requirements in Section 7-11-80 pertaining to the conduct of general elections not conflicting with this section. Candidates must be qualified registered electors and residents of the district in which elected.
The three candidates who receive the largest number of votes cast in the election are elected and shall assume office the following February first.
This election must be conducted pursuant to Title 7, mutatis mutandis, except as otherwise provided for in this section.
Effective with the 1990 election, the two candidates who receive the highest number of votes shall serve for terms of four years each and the other candidate who receives the next highest number of votes shall serve for a term of two years. Thereafter, their successors must be elected in a nonpartisan election to be held at the same time as the general election for terms of four years each.
HISTORY: 1962 Code Section 63-122; 1952 Code Section 63-122; 1942 Code Section 5806-106; 1937 (40) 242; 1951 (47) 443; 1965 (54) 106; 1969 (56) 273; 1970 (56) 2331; 1972 (57) 2271; 1980 Act No. 454, Section 1; 1988 Act No. 350, Section 1; 1989 Act No. 98, Section 1; 2019 Act No. 74 (H.4012), Section 6, eff May 16, 2019.
Effect of Amendment
2019 Act No. 74, Section 6, deleted the third undesignated paragraph, which provided that the official number of qualified registered electors of the geographical area of any office was the number of registered electors of the area registered one hundred twenty days before the date of the election for which the nomination petition was being submitted; in the third undesignated paragraph, in the first sentence, substituted "July fifteenth or, if July fifteenth falls on Sunday, no later" for "August first or, if August first falls on Sunday, not later"; and in the fifth undesignated paragraph, made a nonsubstantive change.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 9 - Soil And Water Conservation Districts Law › Section 48-9-1230. Terms of office; vacancies; removal.

Except as otherwise provided in Section 48-9-1220, the term of office of each commissioner is four years, except that in newly created districts the elected commissioners' terms of office are until the next regular election is held under the provisions of Section 48-9-1220 and the first appointed commissioners must be designated to serve for terms of one and two years, respectively, from the date of their appointment. A commissioner shall hold office until his successor has been elected or appointed and has qualified. Vacancies must be filled for the unexpired term. The selection of successors to fill an unexpired term, or for a full term, must be made in the same manner in which the retiring commissioners shall, respectively, have been selected, except that in the case of a vacancy in the unexpired term of an elected commissioner a successor may be appointed by the board upon the unanimous recommendation of the remaining commissioners. Any commissioner may be removed by the board upon notice and hearing for neglect of duty or malfeasance in office, but for no other reason.
HISTORY: 1962 Code Section 63-123; 1952 Code Section 63-123; 1942 Code Section 5806-107; 1937 (40) 242; 1965 (54) 106; 1970 (56) 2331; 1972 (57) 2271; 1980 Act No. 454, Section 2; 1988 Act No. 350, Section 2; 1993 Act No. 181, Section 1192.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 9 - Soil And Water Conservation Districts Law › Section 48-9-1240. Chairman; quorum; majority vote; compensation.

The commissioners shall designate a chairman and may, from time to time, change such designation. A majority of the commissioners shall constitute a quorum and the concurrence of a majority of the commissioners in any matter within their duties shall be required for its determination. A commissioner shall receive no compensation for his services, but he shall be entitled to expenses, including travel expenses, necessarily incurred in the discharge of his duties.
HISTORY: 1962 Code Section 63-124; 1952 Code Section 63-124; 1942 Code Section 5806-107; 1937 (40) 242; 1970 (56) 2331.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 9 - Soil And Water Conservation Districts Law › Section 48-9-1250. Employees and agents; delegation of powers and duties; legal services.

The commissioners may employ such additional employees and agents, permanent and temporary, as they may require and shall determine their qualifications, duties and compensation. The commissioners may delegate to their chairman or to one or more agents, or employees such powers and duties as they may deem proper. The commissioners may call upon the Attorney General of the State for such legal services as they may require or may employ their own counsel and legal staff.
HISTORY: 1962 Code Section 63-125; 1952 Code Section 63-125; 1942 Code Section 5806-107; 1937 (40) 242; 1951 (47) 431; 1970 (56) 2331; 2019 Act No. 74 (H.4012), Section 7, eff May 16, 2019.
Effect of Amendment
2019 Act No. 74, Section 7, deleted the first sentence, which provided that each country agricultural agent may be the secretary to the board of commissioners of each district within his county, and in the second sentence, deleted "may also utilize in other respects the services of the agricultural agents and the facilities of the county agricultural agent's officers insofar as practicable and feasible and" following "The commissioners".
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 9 - Soil And Water Conservation Districts Law › Section 48-9-1260. Bonds; records; audit.

The commissioners shall provide for the execution of surety bonds for all employees and officers who shall be entrusted with funds or property, shall provide for the keeping of a full and accurate record of all proceedings and of all resolutions, regulations and orders issued or adopted and shall provide for an annual audit of the accounts of receipts and disbursements.
HISTORY: 1962 Code Section 63-126; 1952 Code Section 63-126; 1942 Code Section 5806-107; 1937 (40) 242; 1970 (56) 2331.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 9 - Soil And Water Conservation Districts Law › Section 48-9-1280. Commissioners may require contributions or agreements by landowners or occupiers as to permanent use.

As a condition to the extending of any benefits under this chapter to, or the performance of work upon, any lands not owned or controlled by this State or one of its agencies the commissioners may require contributions in money, services, materials or otherwise to any operations conferring such benefits and may require landowners and occupiers to enter into and perform such agreements or covenants as to the permanent use of such lands as will tend to prevent or control erosion and prevent floodwater and sediment damage thereon.
HISTORY: 1962 Code Section 63-128; 1952 Code Section 63-128; 1942 Code Section 5806-108; 1937 (40) 242; 1965 (54) 106; 1970 (56) 2331.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 9 - Soil And Water Conservation Districts Law › Section 48-9-1290. Provisions as to acquisitions; operations or dispositions by other public bodies; property of districts tax free.

No provisions with respect to the acquisition, operation or disposition of property by other public bodies of this State shall be applicable to a district organized under the provisions of this chapter unless the General Assembly shall specifically so state. The property and property rights of every kind and nature acquired by any district organized under the provisions of this chapter shall be exempt from State, county and other taxation.
HISTORY: 1962 Code Section 63-129; 1952 Code Section 63-129; 1942 Code Section 5806-108; 1937 (40) 242.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 9 - Soil And Water Conservation Districts Law › Section 48-9-1300. Commissioners of different districts cooperation.

The commissioners of any two or more districts organized under the provisions of this chapter may cooperate with one another in the exercise of any or all powers conferred in this chapter.
HISTORY: 1962 Code Section 63-130; 1952 Code Section 63-130; 1942 Code Section 5806-112; 1937 (40) 242; 1970 (56) 2331.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 9 - Soil And Water Conservation Districts Law › Section 48-9-1310. Consultation with governing bodies of nearby localities.

The commissioners of any district may invite the legislative body of any municipality or county located near the territory comprised within the district to designate a representative to advise and consult with the commissioners of the district on all questions of program and policy which may affect the property, water supply or other interests of such municipality or county.
HISTORY: 1962 Code Section 63-131; 1952 Code Section 63-131; 1942 Code Section 5806-107; 1937 (40) 242; 1970 (56) 2331.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 9 - Soil And Water Conservation Districts Law › Section 48-9-1320. Information to be furnished to Land, Water, and Conservation Division Advisory Committee.

The commissioners shall furnish to the department, upon request, copies of such ordinances, rules, regulations, orders, contracts, forms and other documents as they shall adopt or employ and such other information concerning their activities as it may require in the performance of its duties under this chapter.
HISTORY: 1962 Code Section 63-132; 1952 Code Section 63-132; 1942 Code Section 5806-107; 1937 (40) 242; 1965 (54) 106; 1970 (56) 2331; 1972 (57) 2271; 1993 Act No. 181, Section 1193.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 9 - Soil And Water Conservation Districts Law › Section 48-9-1510. Repealed.

HISTORY: Former Section, titled Formulation of land-use regulations, had the following history: 1962 Code Section 63-141; 1952 Code Section 63-141; 1942 Code Section 5806-109; 1937 (40) 242; 1970 (56) 2331. Repealed by 2019 Act No. 74, Section 9, eff May 16, 2019.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 9 - Soil And Water Conservation Districts Law › Section 48-9-1520. Repealed.

HISTORY: Former Section, titled Referendum before adoption of regulations, had the following history: 1962 Code Section 63-142; 1952 Code Section 63-142; 1942 Code Section 5806-109; 1937 (40) 242; 1970 (56) 2331. Repealed by 2019 Act No. 74, Section 9, eff May 16, 2019.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 9 - Soil And Water Conservation Districts Law › Section 48-9-1530. Repealed.

HISTORY: Former Section, titled Conduct of referendum on regulations, had the following history: 1962 Code Section 63-143; 1952 Code Section 63-143; 1942 Code Section 5806-109; 1937 (40) 242; 1970 (56) 2331. Repealed by 2019 Act No. 74, Section 9, eff May 16, 2019.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 9 - Soil And Water Conservation Districts Law › Section 48-9-1540. Repealed.

HISTORY: Former Section, titled Two-thirds vote prerequisite to adoption of regulations, had the following history: 1962 Code Section 63-144; 1952 Code Section 63-144; 1942 Code Section 5806-109; 1937 (40) 242; 1970 (56) 2331. Repealed by 2019 Act No. 74, Section 9, eff May 16, 2019.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 9 - Soil And Water Conservation Districts Law › Section 48-9-1550. Repealed.

HISTORY: Former Section, titled Regulations shall have force and effect of law, had the following history: 1962 Code Section 63-145; 1952 Code Section 63-145; 1942 Code Section 5806-109; 1937 (40) 242; 1970 (56) 2331. Repealed by 2019 Act No. 74, Section 9, eff May 16, 2019.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 9 - Soil And Water Conservation Districts Law › Section 48-9-1560. Repealed.

HISTORY: Former Section, titled Amendment, supplementation, or repeal of regulations, had the following history: 1962 Code Section 63-146; 1952 Code Section 63-146; 1942 Code Section 5806-109; 1937 (40) 242; 1970 (56) 2331. Repealed by 2019 Act No. 74, Section 9, eff May 16, 2019.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 9 - Soil And Water Conservation Districts Law › Section 48-9-1570. Repealed.

HISTORY: Former Section, titled Subjects which regulations may include, had the following history: 1962 Code Section 63-147; 1952 Code Section 63-147; 1942 Code Section 5806-109; 1937 (40) 242; 1970 (56) 2331. Repealed by 2019 Act No. 74, Section 9, eff May 16, 2019.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 9 - Soil And Water Conservation Districts Law › Section 48-9-1580. Repealed.

HISTORY: Former Section, titled Uniformity of regulations; exceptions, had the following history: 1962 Code Section 63-148; 1952 Code Section 63-148; 1942 Code Section 5806-109; 1937 (40) 242; 1970 (56) 2331. Repealed by 2019 Act No. 74, Section 9, eff May 16, 2019.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 9 - Soil And Water Conservation Districts Law › Section 48-9-1590. Repealed.

HISTORY: Former Section, titled Printing of copies of regulations, had the following history: 1962 Code Section 63-149; 1952 Code Section 63-149; 1942 Code Section 5806-109; 1937 (40) 242. Repealed by 2019 Act No. 74, Section 9, eff May 16, 2019.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 9 - Soil And Water Conservation Districts Law › Section 48-9-1600. Repealed.

HISTORY: Former Section, titled Entry on lands to check observance, had the following history: 1962 Code Section 63-150; 1952 Code Section 63-150; 1942 Code Section 5806-110; 1937 (40) 242; 1970 (56) 2331. Repealed by 2019 Act No. 74, Section 9, eff May 16, 2019.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 9 - Soil And Water Conservation Districts Law › Section 48-9-1610. Repealed.

HISTORY: Former Section, titled Petition to court for enforcement, had the following history: 1962 Code Section 63-151; 1952 Code Section 63-151; 1942 Code Section 5806-110; 1937 (40) 242; 1970 (56) 2331. Repealed by 2019 Act No. 74, Section 9, eff May 16, 2019.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 9 - Soil And Water Conservation Districts Law › Section 48-9-1620. Repealed.

HISTORY: Former Section, titled Hearing and order of court on petition for enforcement, had the following history: 1962 Code Section 63-152; 1952 Code Section 63-152; 1942 Code Section 5806-110; 1937 (40) 242; 1970 (56) 2331. Repealed by 2019 Act No. 74, Section 9, eff May 16, 2019.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 9 - Soil And Water Conservation Districts Law › Section 48-9-1630. Repealed.

HISTORY: Former Section, titled Judgment for commission's expenses after completion of work; costs and attorney fees, had the following history: 1962 Code Section 63-153; 1952 Code Section 63-153; 1942 Code Section 5806-110; 1937 (40) 242; 1970 (56) 2331. Repealed by 2019 Act No. 74, Section 9, eff May 16, 2019.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 9 - Soil And Water Conservation Districts Law › Section 48-9-1810. Repealed.

HISTORY: Former Section, titled Establishment and appointment of members of board of adjustment, had the following history: 1962 Code Section 63-161; 1952 Code Section 63-161; 1942 Code Section 5806-111; 1937 (40) 242; 1965 (54) 106; 1970 (56) 2331; 1972 (57) 2271; 1993 Act No. 181, Section 1194. Repealed by 2019 Act No. 74, Section 9, eff May 16, 2019.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 9 - Soil And Water Conservation Districts Law › Section 48-9-1820. Repealed.

HISTORY: Former Section, titled Eligibility and compensation of members; expenses, had the following history: 1962 Code Section 63-162; 1952 Code Section 63-162; 1942 Code Section 5806-111; 1937 (40) 242; 1965 (54) 106; 1970 (56) 2331; 1972 (57) 2271; 1993 Act No. 181, Section 1195. Repealed by 2019 Act No. 74, Section 9, eff May 16, 2019.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 9 - Soil And Water Conservation Districts Law › Section 48-9-1830. Repealed.

HISTORY: Former Section, titled Chairman; rules; quorum; meetings; records, had the following history: 1962 Code Section 63-163; 1952 Code Section 63-163; 1942 Code Section 5806-111; 1937 (40) 242. Repealed by 2019 Act No. 74, Section 9, eff May 16, 2019.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 9 - Soil And Water Conservation Districts Law › Section 48-9-1840. Repealed.

HISTORY: Former Section, titled Hardship petitions, had the following history: 1962 Code Section 63-164; 1952 Code Section 63-164; 1942 Code Section 5806-111; 1937 (40) 242; 1965 (54) 106; 1970 (56) 2331; 1972 (57) 2271; 1993 Act No. 181, Section 1196. Repealed by 2019 Act No. 74, Section 9, eff May 16, 2019.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 9 - Soil And Water Conservation Districts Law › Section 48-9-1850. Repealed.

HISTORY: Former Section, titled Hearing and action on hardship petition, had the following history: 1962 Code Section 63-165; 1952 Code Section 63-165; 1942 Code Section 5806-111; 1937 (40) 242; 1965 (54) 106; 1970 (56) 2331; 1972 (57) 2271; 1993 Act No. 181, Section 1197. Repealed by 2019 Act No. 74, Section 9, eff May 16, 2019.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 9 - Soil And Water Conservation Districts Law › Section 48-9-1860. Repealed.

HISTORY: Former Section, titled Petition for court review, had the following history: 1962 Code Section 63-166; 1952 Code Section 63-166; 1942 Code Section 5806-111; 1937 (40) 242; 1970 (56) 2331. Repealed by 2019 Act No. 74, Section 9, eff May 16, 2019.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 9 - Soil And Water Conservation Districts Law › Section 48-9-1870. Repealed.

HISTORY: Former Section, titled Hearing and order of court on petition for review, had the following history: 1962 Code Section 63-167; 1952 Code Section 63-167; 1942 Code Section 5806-111; 1937 (40) 242. Repealed by 2019 Act No. 74, Section 9, eff May 16, 2019.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 11 - Watershed Conservation Districts › Section 48-11-15. Department of Natural Resources to assist in organization and function of watershed conservation districts.

The Department of Natural Resources shall assist boards of commissioners of soil and water conservation districts and boards of directors of watershed conservation districts with the organization and function of watershed conservation districts. For the purpose of this chapter, the responsibility of the department is limited to this activity. The construction, operation, and maintenance of watershed works of improvement are the sole responsibility of watershed conservation districts and others as specified in documents for the works of improvement.
HISTORY: 1992 Act No. 408, Section 1; 1993 Act No. 181, Section 1199.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 11 - Watershed Conservation Districts › Section 48-11-20. Establishment of watershed conservation districts authorized; purpose; effect on existing procedures.

Watershed conservation districts may be established as provided in this chapter within one or more soil and water conservation districts to develop and execute plans and programs relating to a phase of the control or prevention of soil erosion or flooding; the conservation, protection, improvement, development, or utilization of soil and water resources; stormwater management; or the disposal of water. This authority applies, but is not limited to, the planning and carrying out of works of improvement for the foregoing purposes which may be considered by the United States Secretary of Agriculture under the Watershed and Flood Prevention Act, 68 Stat. 666, as amended, and does not affect the existing procedures followed by local interests in the planning and construction of water resources development projects of other agencies. However, this chapter may be used when, in the opinion of those agencies, the use is advisable or expedient.
HISTORY: 1962 Code Section 63-172; 1967 (55) 1158; 1992 Act No. 408, Section 1.