reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions › Chapter 29 - South Carolina Local Government Comprehensive Planning Enabling Act Of 1994 › Section 6-29-825. Pre-litigation mediation; notice; settlement approval; effect on real property; unsuccessful mediation.

(A) If a property owner files a notice of appeal with a request for pre-litigation mediation, the request for mediation must be granted, and the mediation must be conducted in accordance with South Carolina Circuit Court Alternative Dispute Resolution Rules and this section. A person who is not the owner of the property may petition to intervene as a party, and this motion must be granted if the person has a substantial interest in the decision of the board of appeals.
(B) The property owner or his representative, any other person claiming an ownership interest in the property or his representative, and any other person who has been granted leave to intervene pursuant to subsection (A) or his representative must be notified and have the opportunity to attend the mediation. The governmental entity must be represented by at least one person for purposes of mediation.
(C) Within five working days of a successful mediation, the mediator must provide the parties with a signed copy of the written mediation agreement.
(D) Before the terms of a mediation settlement may take effect, the mediation settlement must be approved by:
(1) the local legislative governing body in public session; and
(2) the circuit court as provided in subsection (G).
(E) Any land use or other change agreed to in mediation which affects existing law is effective only as to the real property which is the subject of the mediation, and a settlement agreement sets no precedent as to other parcels of real property.
(F) If mediation is not successful or if the mediated settlement is not approved by the local legislative governing body, a property owner may appeal by filing a petition in writing setting forth plainly, fully, and distinctly why the decision is contrary to law. The petition must be filed with the circuit court within thirty days of:
(1) the report of an impasse as provided in the South Carolina Circuit Court Alternative Dispute Resolution Rules; or
(2) the failure to approve the settlement by the local governing body.
(G) The circuit court judge must approve the settlement if the settlement has a rational basis in accordance with the standards of this chapter. If the mediated settlement is not approved by the court, the judge must schedule a hearing for the parties to present evidence and must issue a written opinion containing findings of law and fact. A party may appeal from the decision:
(1) in the same manner as provided by law for appeals from other judgments of the circuit court; or
(2) by filing an appeal pursuant to subsection (F).
HISTORY: 2003 Act No. 39, Section 4, eff June 2, 2003.
2023 South Carolina Code of Laws › Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions › Chapter 29 - South Carolina Local Government Comprehensive Planning Enabling Act Of 1994 › Section 6-29-830. Notice of appeal; transcript; supersedeas.

(A) Upon the filing of an appeal with a petition as provided in Section 6-29-820(A) or Section 6-29-825(F), the clerk of the circuit court must give immediate notice of the appeal to the secretary of the board and within thirty days from the time of the notice, the board must file with the clerk a duly certified copy of the proceedings held before the board of appeals, including a transcript of the evidence heard before the board, if any, and the decision of the board including its findings of fact and conclusions.
(B) The filing of an appeal in the circuit court from any decision of the board does not ipso facto act as a supersedeas, but the judge of the circuit court may in his discretion grant a supersedeas upon such terms and conditions as may seem reasonable and proper.
HISTORY: 1994 Act No. 355, Section 1; 2003 Act No. 39, Section 5, eff June 2, 2003.
Effect of Amendment
The 2003 amendment, in subsection (A) inserted "with a petition as provided in Section 6-29-820(A) or Section 6-29-825(F)" preceding ", the clerk of circuit court", substituted "the appeal" for "it", inserted "duly" preceding "certified copy", and substituted "the board" for "it", in subsection (B) substituted "any" for "a" and "does" for "shall", and in subsections (A) and (B) made nonsubstantive changes.
2023 South Carolina Code of Laws › Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions › Chapter 29 - South Carolina Local Government Comprehensive Planning Enabling Act Of 1994 › Section 6-29-840. Determination of appeal; costs; trial by jury.

(A) At the next term of the circuit court or in chambers, upon ten days' notice to the parties, the presiding judge of the circuit court of the county must proceed to hear and pass upon the appeal on the certified record of the board proceedings. The findings of fact by the board of appeals must be treated in the same manner as a finding of fact by a jury, and the court may not take additional evidence. In the event the judge determines that the certified record is insufficient for review, the matter may be remanded to the zoning board of appeals for rehearing. In determining the questions presented by the appeal, the court must determine only whether the decision of the board is correct as a matter of law. In the event that the decision of the board is reversed by the circuit court, the board is charged with the costs, and the costs must be paid by the governing authority which established the board of appeals.
(B) When an appeal includes no issues triable of right by jury or when the parties consent, the appeal must be placed on the nonjury docket. A judge, upon request by any party, may in his discretion give the appeal precedence over other civil cases. Nothing in this subsection prohibits a property owner from subsequently electing to assert a pre-existing right to trial by jury of any issue beyond the subject matter jurisdiction of the board of appeals, such as, but not limited to, a determination of the amount of damages due for an unconstitutional taking.
HISTORY: 1994 Act No. 355, Section 1; 2003 Act No. 39, Section 6, eff June 2, 2003.
Effect of Amendment
The 2003 amendment added subsection (B), designated the existing paragraph as subsection (A), and made nonsubstantive changes.
2023 South Carolina Code of Laws › Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions › Chapter 29 - South Carolina Local Government Comprehensive Planning Enabling Act Of 1994 › Section 6-29-850. Appeal to Supreme Court.

A party in interest who is aggrieved by the judgment rendered by the circuit court upon the appeal may appeal in the manner provided by the South Carolina Appellate Court Rules.
HISTORY: 1994 Act No. 355, Section 1; 1999 Act No. 55, Section 10.
2023 South Carolina Code of Laws › Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions › Chapter 29 - South Carolina Local Government Comprehensive Planning Enabling Act Of 1994 › Section 6-29-860. Financing of board of zoning appeals.

The governing authority may appropriate such monies, otherwise unappropriated, as it considers fit to finance the work of the board of appeals and to generally provide for the enforcement of any zoning regulations and restrictions authorized under this chapter which are adopted and may accept and expend grants of money for those purposes from either private or public sources, whether local, state, or federal.
HISTORY: 1994 Act No. 355, Section 1.
2023 South Carolina Code of Laws › Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions › Chapter 29 - South Carolina Local Government Comprehensive Planning Enabling Act Of 1994 › Section 6-29-870. Board of architectural review; membership; officers; rules; meetings; records.

(A) A local government which enacts a zoning ordinance which makes specific provision for the preservation and protection of historic and architecturally valuable districts and neighborhoods or significant or natural scenic areas, or protects or provides, or both, for the unique, special, or desired character of a defined district, corridor, or development area or any combination of it, by means of restriction and conditions governing the right to erect, demolish, remove in whole or in part, or alter the exterior appearance of all buildings or structures within the areas, may provide for appointment of a board of architectural review or similar body.
(B) The board shall consist of not more than ten members to be appointed by the governing body of the municipality or the governing body of the county which may restrict the membership on the board to those professionally qualified persons as it may desire. The governing authority or authorities creating the board may remove any member of the board which it has appointed.
(C) The appointing authorities shall determine the amount of compensation, if any, to be paid to the members of a board of architectural review. None of the members may hold any other public office or position in the municipality or county.
(D) The board shall elect one of its members chairman, who shall serve for one year or until he is re-elected or his successor is elected and qualified. The board shall appoint a secretary who may be an officer of the governing authority or of the board of architectural review. The board shall adopt rules of procedure in accordance with the provisions of any ordinance adopted pursuant to this chapter. Meetings of the board must be held at the call of the chairman and at such other times as the board may determine. The chairman or, in his or her absence, the acting chairman, may administer oaths and compel the attendance of witnesses by subpoena. The board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating that fact, and shall keep records of its examinations and other official actions, all of which immediately must be filed in the office of the board and must be a public record.
HISTORY: 1994 Act No. 355, Section 1.
2023 South Carolina Code of Laws › Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions › Chapter 29 - South Carolina Local Government Comprehensive Planning Enabling Act Of 1994 › Section 6-29-880. Powers of board of architectural review.

The board of architectural review has those powers involving the structures and neighborhoods as may be determined by the zoning ordinance. Decisions of the zoning administrator or other appropriate administrative official in matters under the purview of the board of architectural review may be appealed to the board where there is an alleged error in any order, requirement, determination, or decision.
HISTORY: 1994 Act No. 355, Section 1.
2023 South Carolina Code of Laws › Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions › Chapter 29 - South Carolina Local Government Comprehensive Planning Enabling Act Of 1994 › Section 6-29-890. Appeal to board of architectural review.

(A) Appeals to the board may be taken by any person aggrieved or by any officer, department, board, or bureau of the municipality or county. The appeal must be taken within a reasonable time, as provided by the zoning ordinance or rules of the board, or both, by filing with the officer from whom the appeal is taken and with the board of architectural review notice of appeal specifying the grounds of it. The officer from whom the appeal is taken immediately must transmit to the board all the papers constituting the record upon which the action appealed from was taken. Upon a motion by a party or the board's own motion, the board may remand a matter to an administrative official if the board determines the record is insufficient for review. A party's motion for remand may be denied if the board determines that the record is sufficient for review. The board must set a rehearing on the remanded matter without further public notice for a time certain within sixty days unless otherwise agreed to by the parties. The board must maintain a list of persons who express an interest in being informed when the remanded matter is set for rehearing, and notice of the rehearing must be mailed to these persons prior to the rehearing.
(B) An appeal stays all legal proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the board, after the notice of appeal has been filed with him, that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life and property. In that case, proceedings may not be stayed otherwise than by a restraining order which may be granted by the board or by a court of record on application, upon notice to the officer from whom the appeal is taken, and on due cause shown.
(C) The board must fix a reasonable time for the hearing of the appeal or other matter referred to it, and give public notice of the hearing, as well as due notice to the parties in interest, and decide the appeal or other matter within a reasonable time. At the hearing, any party may appear in person, by agent, or by attorney.
HISTORY: 1994 Act No. 355, Section 1; 2003 Act No. 39, Section 7, eff June 2, 2003.
Effect of Amendment
The 2003 amendment, in subsection (A) added the last four sentences relating to remand procedures, in subsection (C) substituted "the hearing" for "it" and "appeal or other matter" for "same", and in subsections (A),(B), and (C) made nonsubstantive changes.
2023 South Carolina Code of Laws › Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions › Chapter 29 - South Carolina Local Government Comprehensive Planning Enabling Act Of 1994 › Section 6-29-900. Appeal from board of architectural review to circuit court; pre-litigation mediation; filing requirements.

(A) A person who may have a substantial interest in any decision of the board of architectural review or any officer, or agent of the appropriate governing authority may appeal from any decision of the board to the circuit court in and for the county by filing with the clerk of court a petition in writing setting forth plainly, fully, and distinctly why the decision is contrary to law. The appeal must be filed within thirty days after the affected party receives actual notice of the decision of the board of architectural review.
(B) A property owner whose land is the subject of a decision of the board of architectural review may appeal either:
(1) as provided in subsection (A); or
(2) by filing a notice of appeal with the circuit court accompanied by a request for pre-litigation mediation in accordance with Section 6-29-915.
A notice of appeal and request for pre-litigation mediation must be filed within thirty days after the decision of the board is postmarked.
(C) Any filing of an appeal from a particular board of architectural review decision pursuant to the provisions of this chapter must be given a single docket number, and the appellant must be assessed only one filing fee pursuant to Section 8-21-310(C)(1).
HISTORY: 1994 Act No. 355, Section 1; 2003 Act No. 39, Section 8, eff June 2, 2003.
Effect of Amendment
The 2003 amendment added subsections (B) and (C) and designated the existing paragraph as subsection (A).
2023 South Carolina Code of Laws › Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions › Chapter 29 - South Carolina Local Government Comprehensive Planning Enabling Act Of 1994 › Section 6-29-910. Contempt; penalty.

In case of contempt by a party, witness, or other person before the board of architectural review, the board may certify the fact to the circuit court of the county in which the contempt occurs and the judge of the court, in open court or in chambers, after hearing, may impose a penalty as authorized by law.
HISTORY: 1994 Act No. 355, Section 1.
2023 South Carolina Code of Laws › Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions › Chapter 29 - South Carolina Local Government Comprehensive Planning Enabling Act Of 1994 › Section 6-29-915. Pre-litigation mediation; notice; settlement approval; effect on real property; unsuccessful mediation.

(A) If a property owner files a notice of appeal with a request for pre-litigation mediation, the request for mediation must be granted and the mediation must be conducted in accordance with South Carolina Circuit Court Alternative Dispute Resolution Rules and this section. A person who is not the owner of the property may petition to intervene as a party, and this motion must be granted if the person has a substantial interest in the decision of the board of architectural review.
(B) The property owner or his representative, any other person claiming an ownership interest in the property or his representative, and any other person who has been granted leave to intervene pursuant to subsection (A) or his representative must be notified and have the opportunity to attend the mediation. The governmental entity must be represented by at least one person for purposes of mediation.
(C) Within five working days of a successful mediation, the mediator must provide the parties with a signed copy of the written mediation agreement.
(D) Before the terms of a mediation settlement may take effect, the mediation settlement must be approved by:
(1) the local legislative governing body in public session; and
(2) the circuit court as provided in subsection (G).
(E) Any land use or other change agreed to in mediation which affects existing law is effective only as to the real property which is the subject of the mediation, and a settlement agreement sets no precedent as to other parcels of real property.
(F) If mediation is not successful or if the mediated settlement is not approved by the local legislative governing body, a property owner may appeal by filing a petition in writing setting forth plainly, fully, and distinctly why the decision is contrary to law. The petition must be filed with the circuit court within thirty days of:
(1) the report of an impasse as provided in the South Carolina Circuit Court Alternative Dispute Resolution Rules; or
(2) the failure to approve the settlement by the local governing body.
(G) The circuit court judge must approve the settlement if the settlement has a rational basis in accordance with the standards of this chapter. If the mediated settlement is not approved by the court, the judge must schedule a hearing for the parties to present evidence and must issue a written opinion containing findings of law and fact. A party may appeal from the decision:
(1) in the same manner as provided by law for appeals from other judgments of the circuit court; or
(2) by filing an appeal pursuant to subsection (F).
HISTORY: 2003 Act No. 39, Section 9, eff June 2, 2003.
2023 South Carolina Code of Laws › Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions › Chapter 29 - South Carolina Local Government Comprehensive Planning Enabling Act Of 1994 › Section 6-29-920. Notice of appeal; transcript; supersedeas.

(A) Upon filing of an appeal with a petition as provided in Section 6-29-900(A) or Section 6-29-915(F), the clerk of the circuit court must give immediate notice of the appeal to the secretary of the board and within thirty days from the time of the notice, the board must file with the clerk a duly certified copy of the proceedings held before the board of architectural review, including a transcript of the evidence heard before the board, if any, and the decision of the board including its findings of fact and conclusions.
(B) The filing of an appeal in the circuit court from any decision of the board does not ipso facto act as a supersedeas, but the judge of the circuit court may in his discretion grant a supersedeas upon such terms and conditions as may seem reasonable and proper.
HISTORY: 1994 Act No. 355, Section 1; 2003 Act No. 39, Section 10, eff June 2, 2003.
Effect of Amendment
The 2003 amendment, in subsection (A) inserted "with a petition as provided in Section 6-29-900(A) or Section 6-29-915(F)" preceding ", the clerk of circuit court", and in subsections (A) and (B) made clarifying and nonsubstantive changes.
2023 South Carolina Code of Laws › Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions › Chapter 29 - South Carolina Local Government Comprehensive Planning Enabling Act Of 1994 › Section 6-29-930. Determination of appeal; costs; trial by jury.

(A) At the next term of the circuit court or in chambers upon ten days' notice to the parties, the resident presiding judge of the circuit court of the county must proceed to hear and pass upon the appeal on the certified record of the board proceedings. The findings of fact by the board of architectural review are final and conclusive on the hearing of the appeal, and the court may not take additional evidence. In the event the judge determines that the certified record is insufficient for review, the matter must be remanded to the board of architectural review for rehearing. In determining the questions presented by the appeal, the court must determine only whether the decision of the board is correct as a matter of law. In the event that the decision of the board is reversed by the circuit court, the board must be charged with the costs which must be paid by the governing authority which established the board of architectural review.
(B) When an appeal includes no issues triable of right by jury or when the parties consent, the appeal must be placed on the nonjury docket. A judge, upon request by any party, may in his discretion give the appeal precedence over other civil cases. Nothing in this subsection prohibits a property owner from subsequently electing to assert a pre-existing right to trial by jury of any issue beyond the subject matter jurisdiction of the board of architectural review, such as, but not limited to, a determination of the amount of damages due for an unconstitutional taking.
HISTORY: 1994 Act No. 355, Section 1; 2003 Act No. 39, Section 11, eff June 2, 2003.
Effect of Amendment
The 2003 amendment added subsection (B), designated the existing paragraph as subsection (A), and made nonsubstantive changes.
2023 South Carolina Code of Laws › Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions › Chapter 29 - South Carolina Local Government Comprehensive Planning Enabling Act Of 1994 › Section 6-29-940. Appeal to Supreme Court.

A party in interest who is aggrieved by the judgment rendered by the circuit court upon the appeal may appeal in the manner provided by the South Carolina Appellate Court Rules.
HISTORY: 1994 Act No. 355, Section 1; 1999 Act No. 55, Section 11.
2023 South Carolina Code of Laws › Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions › Chapter 29 - South Carolina Local Government Comprehensive Planning Enabling Act Of 1994 › Section 6-29-950. Enforcement of zoning ordinances; remedies for violations.

(A) The governing authorities of municipalities or counties may provide for the enforcement of any ordinance adopted pursuant to the provisions of this chapter by means of the withholding of building or zoning permits, or both, and the issuance of stop orders against any work undertaken by an entity not having a proper building or zoning permit, or both. It is unlawful to construct, reconstruct, alter, demolish, change the use of or occupy any land, building, or other structure without first obtaining the appropriate permit or permit approval. No permit may be issued or approved unless the requirements of this chapter or any ordinance adopted pursuant to it are complied with. It is unlawful for other officials to issue any permit for the use of any land, building, or structure, or the construction, conversion, demolition, enlargement, movement, or structural alteration of a building or structure without the approval of the zoning administrator. A violation of any ordinance adopted pursuant to the provisions of this chapter is a misdemeanor. In case a building, structure, or land is or is proposed to be used in violation of any ordinance adopted pursuant to this chapter, the zoning administrator or other appropriate administrative officer, municipal or county attorney, or other appropriate authority of the municipality or county or an adjacent or neighboring property owner who would be specially damaged by the violation may in addition to other remedies, institute injunction, mandamus, or other appropriate action or proceeding to prevent the unlawful erection, construction, reconstruction, alteration, conversion, maintenance, or use, or to correct or abate the violation, or to prevent the occupancy of the building, structure, or land. Each day the unlawful erection, construction, reconstruction, alteration, conversion, maintenance, or use continues is considered a separate offense.
(B) In case a building, structure, or land is or is proposed to be used in violation of an ordinance adopted pursuant to this chapter, the zoning administrator or other designated administrative officer may in addition to other remedies issue and serve upon a person pursuing the activity or activities a stop order requiring that entity stop all activities in violation of the zoning ordinance.
HISTORY: 1994 Act No. 355, Section 1.
2023 South Carolina Code of Laws › Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions › Chapter 29 - South Carolina Local Government Comprehensive Planning Enabling Act Of 1994 › Section 6-29-960. Conflict with other laws.

When the regulations made under authority of this chapter require a greater width or size of yards, courts, or other open spaces, or require a lower height of building or smaller number of stories, or require a greater percentage of lot to be left unoccupied, or impose other more restrictive standards than are required in or under another statute, or local ordinance or regulation, the regulations made under authority of this chapter govern. When the provisions of another statute require more restrictive standards than are required by the regulations made under authority of this chapter, the provisions of that statute govern.
HISTORY: 1994 Act No. 355, Section 1.
2023 South Carolina Code of Laws › Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions › Chapter 29 - South Carolina Local Government Comprehensive Planning Enabling Act Of 1994 › Section 6-29-1120. Legislative intent; purposes.

The public health, safety, economy, good order, appearance, convenience, morals, and general welfare require the harmonious, orderly, and progressive development of land within the municipalities and counties of the State. In furtherance of this general intent, the regulation of land development by municipalities, counties, or consolidated political subdivisions is authorized for the following purposes, among others:
(1) to encourage the development of economically sound and stable municipalities and counties;
(2) to assure the timely provision of required streets, utilities, and other facilities and services to new land developments;
(3) to assure the adequate provision of safe and convenient traffic access and circulation, both vehicular and pedestrian, in and through new land developments;
(4) to assure the provision of needed public open spaces and building sites in new land developments through the dedication or reservation of land for recreational, educational, transportation, and other public purposes; and
(5) to assure, in general, the wise and timely development of new areas, and redevelopment of previously developed areas in harmony with the comprehensive plans of municipalities and counties.
HISTORY: 1994 Act No. 355, Section 1.
2023 South Carolina Code of Laws › Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions › Chapter 29 - South Carolina Local Government Comprehensive Planning Enabling Act Of 1994 › Section 6-29-1130. Regulations.

(A) When at least the community facilities element, the housing element, and the priority investment element of the comprehensive plan as authorized by this chapter have been adopted by the local planning commission and the local governing body or bodies, the local planning commission may prepare and recommend to the governing body or bodies for adoption regulations governing the development of land within the jurisdiction. These regulations may provide for the harmonious development of the municipality and the county; for coordination of streets within subdivision and other types of land developments with other existing or planned streets or official map streets; for the size of blocks and lots; for the dedication or reservation of land for streets, school sites, and recreation areas and of easements for utilities and other public services and facilities; and for the distribution of population and traffic which will tend to create conditions favorable to health, safety, convenience, appearance, prosperity, or the general welfare. In particular, the regulations shall prescribe that no land development plan, including subdivision plats, will be approved unless all land intended for use as building sites can be used safely for building purposes, without danger from flood or other inundation or from other menaces to health, safety, or public welfare.
(B) These regulations may include requirements as to the extent to which and the manner in which streets must be graded, surfaced, and improved, and water, sewers, septic tanks, and other utility mains, piping, connections, or other facilities must be installed as a condition precedent to the approval of the plan. The governing authority of the municipality and the governing authority of the county are given the power to adopt and to amend the land development regulations after a public hearing on it, giving at least thirty days' notice of the time and place by publication in a newspaper of general circulation in the municipality or county.
HISTORY: 1994 Act No. 355, Section 1; 2007 Act No. 31, Section 5, eff May 23, 2007.
Effect of Amendment
The 2007 amendment, in subsection (A) in the first sentence added ", the housing element, and the priority investment element" and substituted "have" for "has".
2023 South Carolina Code of Laws › Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions › Chapter 29 - South Carolina Local Government Comprehensive Planning Enabling Act Of 1994 › Section 6-29-1140. Development plan to comply with regulations; submission of unapproved plan for recording is a misdemeanor.

After the local governing authority has adopted land development regulations, no subdivision plat or other land development plan within the jurisdiction of the regulations may be filed or recorded in the office of the county where deeds are required to be recorded, and no building permit may be issued until the plat or plan bears the stamp of approval and is properly signed by the designated authority. The submission for filing or the recording of a subdivision plat or other land development plan without proper approval as required by this chapter is declared a misdemeanor and, upon conviction, is punishable as provided by law.
HISTORY: 1994 Act No. 355, Section 1.
2023 South Carolina Code of Laws › Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions › Chapter 29 - South Carolina Local Government Comprehensive Planning Enabling Act Of 1994 › Section 6-29-1145. Determining existence of restrictive covenant; effect.

(A) In an application for a permit, the local planning agency must inquire in the application or by written instructions to an applicant whether the tract or parcel of land is restricted by any recorded covenant that is contrary to, conflicts with, or prohibits the permitted activity.
(B) If a local planning agency has actual notice of a restrictive covenant on a tract or parcel of land that is contrary to, conflicts with, or prohibits the permitted activity:
(1) in the application for the permit;
(2) from materials or information submitted by the person or persons requesting the permit; or
(3) from any other source including, but not limited to, other property holders, the local planning agency must not issue the permit unless the local planning agency receives confirmation from the applicant that the restrictive covenant has been released for the tract or parcel of land by action of the appropriate authority or property holders or by court order.
(C) As used in this section:
(1) "actual notice" is not constructive notice of documents filed in local offices concerning the property, and does not require the local planning agency to conduct searches in any records offices for filed restrictive covenants;
(2) "permit" does not mean an authorization to build or place a structure on a tract or parcel of land; and
(3) "restrictive covenant" does not mean a restriction concerning a type of structure that may be built or placed on a tract or parcel of land.
HISTORY: 2007 Act No. 45, Section 3, eff June 4, 2007, applicable to applications for permits filed on and after July 1, 2007; 2007 Act No. 113, Section 2, eff June 27, 2007.
Effect of Amendment
The 2007 amendment, in subsection (A), substituted "in the application or by written instructions to an applicant whether" for "if", rewrote subsection (B); and in subsection (C), added paragraph (1) defining "actual notice" and redesignated paragraphs (1) and (2) as paragraphs (2) and (3).
2023 South Carolina Code of Laws › Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions › Chapter 29 - South Carolina Local Government Comprehensive Planning Enabling Act Of 1994 › Section 6-29-1155. Pre-litigation mediation; notice; settlement approval; effect on real property; unsuccessful mediation.

(A) If a property owner files a notice of appeal with a request for pre-litigation mediation, the request for mediation must be granted, and the mediation must be conducted in accordance with South Carolina Circuit Court Alternative Dispute Resolution Rules and this section. A person who is not the owner of the property may petition to intervene as a party, and this motion must be granted if the person has a substantial interest in the decision of the planning commission.
(B) The property owner or his representative, any other person claiming an ownership interest in the property or his representative, and any other person who has been granted leave to intervene pursuant to subsection (A) or his representative must be notified and have the opportunity to attend the mediation. The governmental entity must be represented by at least one person for purposes of mediation.
(C) Within five working days of a successful mediation, the mediator must provide the parties with a signed copy of the written mediation agreement.
(D) Before the terms of a mediation settlement may take effect, the mediation settlement must be approved by:
(1) the local legislative governing body in public session; and
(2) the circuit court as provided in subsection (G).
(E) Any land use or other change agreed to in mediation which affects existing law is effective only as to the real property which is the subject of the mediation, and a settlement agreement sets no precedent as to other parcels of real property.
(F) If mediation is not successful or if the mediated settlement is not approved by the local legislative governing body, a property owner may appeal by filing a petition in writing setting forth plainly, fully, and distinctly why the decision is contrary to law. The petition must be filed with the circuit court within thirty days of:
(1) the report of an impasse as provided in the South Carolina Circuit Court Alternative Dispute Resolution Rules; or
(2) the failure to approve the settlement by the local governing body.
(G) The circuit court judge must approve the settlement if the settlement has a rational basis in accordance with the standards of this chapter. If the mediated settlement is not approved by the court, the judge must schedule a hearing for the parties to present evidence and must issue a written opinion containing findings of law and fact. A party may appeal from the decision:
(1) in the same manner as provided by law for appeals from other judgments of the circuit court; or
(2) by filing an appeal pursuant to subsection (F).
HISTORY: 2003 Act No. 39, Section 13, eff June 2, 2003.
2023 South Carolina Code of Laws › Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions › Chapter 29 - South Carolina Local Government Comprehensive Planning Enabling Act Of 1994 › Section 6-29-1160. Recording unapproved land development plan or plat; penalty; remedies.

The county official whose duty it is to accept and record real estate deeds and plats may not accept, file, or record a land development plan or subdivision plat involving a land area subject to land development regulations adopted pursuant to this chapter unless the development plan or subdivision plat has been properly approved. If a public official violates the provisions of this section, he is, in each instance, subject to the penalty provided in this article and the affected governing body, private individual, or corporation has rights and remedies as to enforcement or collection as are provided, and may enjoin any violations of them.
HISTORY: 1994 Act No. 355, Section 1.
2023 South Carolina Code of Laws › Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions › Chapter 29 - South Carolina Local Government Comprehensive Planning Enabling Act Of 1994 › Section 6-29-1170. Approval of plan or plat not acceptance of dedication of land.

The approval of the land development plan or subdivision plat may not be deemed to automatically constitute or effect an acceptance by the municipality or the county or the public of the dedication of any street, easement, or other ground shown upon the plat. Public acceptance of the lands must be by action of the governing body customary to these transactions.
HISTORY: 1994 Act No. 355, Section 1.
2023 South Carolina Code of Laws › Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions › Chapter 29 - South Carolina Local Government Comprehensive Planning Enabling Act Of 1994 › Section 6-29-1180. Surety bond for completion of site improvements.

In circumstances where the land development regulations adopted pursuant to this chapter require the installation and approval of site improvements prior to approval of the land development plan or subdivision plat for recording in the office of the county official whose duty it is to accept and record the instruments, the developer may be permitted to post a surety bond, certified check, or other instrument readily convertible to cash. The surety must be in an amount equal to at least one hundred twenty-five percent of the cost of the improvement. This surety must be in favor of the local government to ensure that, in the event of default by the developer, funds will be used to install the required improvements at the expense of the developer.
HISTORY: 1994 Act No. 355, Section 1.
2023 South Carolina Code of Laws › Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions › Chapter 29 - South Carolina Local Government Comprehensive Planning Enabling Act Of 1994 › Section 6-29-1190. Transfer of title to follow approval and recording of development plan; violation is a misdemeanor.

The owner or agent of the owner of any property being developed within the municipality or county may not transfer title to any lots or parts of the development unless the land development plan or subdivision has been approved by the local planning commission or designated authority and an approved plan or plat recorded in the office of the county charged with the responsibility of recording deeds, plats, and other property records. A transfer of title in violation of this provision is a misdemeanor and, upon conviction, must be punished in the discretion of the court. A description by metes and bounds in the instrument of transfer or other document used in the process of transfer does not exempt the transaction from these penalties. The municipality or county may enjoin the transfer by appropriate action.
HISTORY: 1994 Act No. 355, Section 1.
2023 South Carolina Code of Laws › Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions › Chapter 29 - South Carolina Local Government Comprehensive Planning Enabling Act Of 1994 › Section 6-29-1200. Approval of street names required; violation is a misdemeanor; changing street name.

(A) A local planning commission created under the provisions of this chapter shall, by proper certificate, approve and authorize the name of a street or road laid out within the territory over which the commission has jurisdiction. It is unlawful for a person in laying out a new street or road to name the street or road on a plat, by a marking or in a deed or instrument without first getting the approval of the planning commission. Any person violating this provision is guilty of a misdemeanor and, upon conviction, must be punished in the discretion of the court.
(B) A commission may, after reasonable notice through a newspaper having general circulation in which the commission is created and exists, change the name of a street or road within the boundary of its territorial jurisdiction:
(1) when there is duplication of names or other conditions which tend to confuse the traveling public or the delivery of mail, orders, or messages;
(2) when it is found that a change may simplify marking or giving of directions to persons seeking to locate addresses; or
(3) upon any other good and just reason that may appear to the commission.
(C) On the name being changed, after reasonable opportunity for a public hearing, the planning commission shall issue its certificate designating the change, which must be recorded in the office of the register of deeds or clerk of court, and the name changed and certified is the legal name of the street or road.
HISTORY: 1994 Act No. 355, Section 1; 1997 Act No. 34, Section 1.
2023 South Carolina Code of Laws › Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions › Chapter 29 - South Carolina Local Government Comprehensive Planning Enabling Act Of 1994 › Section 6-29-1210. Land development plan not required to execute a deed.

Under this chapter, the submission of a land development plan or land use plan is not a prerequisite and must not be required before the execution of a deed transferring undeveloped real property. A local governmental entity may still require the grantee to file a plat at the time the deed is recorded.
HISTORY: 2016 Act No. 144 (H.3972), Section 1, eff March 14, 2016.
2023 South Carolina Code of Laws › Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions › Chapter 29 - South Carolina Local Government Comprehensive Planning Enabling Act Of 1994 › Section 6-29-1310. Definitions.

As used in this article:
(1) "Advisory committee" means the State Advisory Committee on Educational Requirements for Local Government Planning or Zoning Officials and Employees;
(2) "Appointed official" means a planning commissioner, board of zoning appeals member, or board of architectural review member;
(3) "Clerk" means the clerk of the local governing body;
(4) "Local governing body" means the legislative governing body of a county or municipality;
(5) "Planning or zoning entity" means a planning commission, board of zoning appeals, or board of architectural review;
(6) "Professional employee" means a planning professional, zoning administrator, zoning official, or a deputy or assistant of a planning professional, zoning administrator, or zoning official.
HISTORY: 2003 Act No. 39, Section 14, eff June 2, 2003.
2023 South Carolina Code of Laws › Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions › Chapter 29 - South Carolina Local Government Comprehensive Planning Enabling Act Of 1994 › Section 6-29-1320. Identification of persons covered by act; compliance schedule.

(A) The local governing body must:
(1) by no later than December 31st of each year, identify the appointed officials and professional employees for the jurisdiction and provide a list of those appointed officials and professional employees to the clerk and each planning or zoning entity in the jurisdiction; and
(2) annually inform each planning or zoning entity in the jurisdiction of the requirements of this article.
(B) Appointed officials and professional employees must comply with the provisions of this article according to the following dates and populations based on the population figures of the latest official United States Census:
(1) municipalities and counties with a population of 35,000 and greater: by January 1, 2006; and
(2) municipalities and counties with a population under 35,000: by January 1, 2007.
HISTORY: 2003 Act No. 39, Section 14, eff June 2, 2003; 2004 Act No. 287, Section 3, eff July 22, 2004.
Effect of Amendment
The 2004 amendment, in paragraph (B)(1), substituted "of 35,000 and greater" for "above 70,000".
2023 South Carolina Code of Laws › Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions › Chapter 29 - South Carolina Local Government Comprehensive Planning Enabling Act Of 1994 › Section 6-29-1340. Educational requirements; time-frame for completion; subjects.

(A) Unless expressly exempted as provided in Section 6-29-1350, each appointed official and professional employee must:
(1) no earlier than one hundred and eighty days prior to and no later than three hundred and sixty-five days after the initial date of appointment or employment, attend a minimum of six hours of orientation training in one or more of the subjects listed in subsection (C); and
(2) annually, after the first year of service or employment, but no later than three hundred and sixty-five days after each anniversary of the initial date of appointment or employment, attend no fewer than three hours of continuing education in any of the subjects listed in subsection (C).
(B) An appointed official or professional employee who attended six hours of orientation training for a prior appointment or employment is not required to comply with the orientation requirement for a subsequent appointment or employment after a break in service. However, unless expressly exempted as provided in Section 6-29-1350, upon a subsequent appointment or employment, the appointed official or professional employee must comply with an annual requirement of attending no fewer than three hours of continuing education as provided in this section.
(C) The subjects for the education required by subsection (A) may include, but not be limited to, the following:
(1) land use planning;
(2) zoning;
(3) floodplains;
(4) transportation;
(5) community facilities;
(6) ethics;
(7) public utilities;
(8) wireless telecommunications facilities;
(9) parliamentary procedure;
(10) public hearing procedure;
(11) administrative law;
(12) economic development;
(13) housing;
(14) public buildings;
(15) building construction;
(16) land subdivision; and
(17) powers and duties of the planning commission, board of zoning appeals, or board of architectural review.
(D) In order to meet the educational requirements of subsection (A), an educational program must be approved by the advisory committee.
HISTORY: 2003 Act No. 39, Section 14, eff June 2, 2003.