reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 29 - Forest Pest Outbreaks › Section 48-29-10. Definitions.

For the purpose of this chapter:
(a) "Forest pest" means any insect, disease or closely related organism which is harmful, injurious, or destructive to forests or timber.
(b) "Forest land" or "forest" means land supporting a stand or potential stand of trees valuable for timber products, watershed or wildlife protection, recreational uses, or for other purposes.
(c) "Timber" includes forest trees standing or down, alive or dead, and shall include shade trees of any species around houses, along highways, within cities and towns, and any other locations which constitute insect and disease menaces to nearby timber trees or forests.
(d) "Control zone" means an area of potential or actual forest pest outbreak with designated boundaries clearly described in a manner to definitely identify the zone.
(e) "Outbreak" means the existence of populations of a forest pest in such proportions as to threaten forests or timber and the benefits derived from them.
(f) "Action programs" shall mean those programs which are necessary to detect, control, suppress or eradicate forest pests which are in outbreak proportion.
HISTORY: 1962 Code Section 29-65; 1963 (53) 104.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 29 - Forest Pest Outbreaks › Section 48-29-20. State Commission of Forestry to detect and control forest pest outbreaks.

The purpose and intent of this chapter is to place with the State Commission of Forestry the authority and responsibility for action programs to detect and control forest pest outbreaks in South Carolina. The establishment of quarantine regulations and other actions to prevent the introduction into or the spread of introduced forest pests in South Carolina shall remain the responsibility of the State Crop Pest Commission, and the provisions of this chapter shall not abrogate or change any power or authority vested in the State Crop Pest Commission except as defined herein in regard to action programs to detect and control forest pests.
HISTORY: 1962 Code Section 29-65.1; 1963 (53) 104.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 29 - Forest Pest Outbreaks › Section 48-29-30. Duties of State Commission of Forestry as to forest pest outbreaks.

Whenever a forest pest outbreak is suspected, the State Commission of Forestry shall make surveys and observations, consulting with the State Crop Pest Commission's technical personnel for assistance with evaluation of pest populations and survey data. If the State Commission of Forestry determines that a forest pest outbreak exists and control measures are deemed necessary, it shall:
(a) Establish a control zone, and designate and clearly describe the boundaries.
(b) Give notice to all affected forest landowners within the control zone of the existence of the control zone and the actions to be taken under this chapter.
(c) Be responsible for surveys in conjunction with the determined action programs.
HISTORY: 1962 Code Section 29-65.2; 1963 (53) 104.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 29 - Forest Pest Outbreaks › Section 48-29-40. Authority of State Commission of Forestry as to uncontrolled outbreaks.

Whenever the State Commission of Forestry determines that a forest pest outbreak cannot be or is not being controlled by the forest landowners in the control zone, the State Commission of Forestry is authorized to:
(a) Take necessary measures to control the forest pest.
(b) Procure necessary equipment, supplies and services to control, suppress, or eradicate the forest pest.
(c) Enter into agreements with the United States Forest Service or other federal or State agencies, corporations, and others to carry out the provisions of this chapter.
HISTORY: 1962 Code Section 29-65.3; 1963 (53) 104.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 29 - Forest Pest Outbreaks › Section 48-29-50. State Commission of Forestry or its agents may enter property to investigate or control forest pests.

The State Commission of Forestry or its authorized agents shall have the power to go upon any land in the State to investigate, take measures to control, suppress, or eradicate forest pests. If any person refuses to allow the State Commission of Forestry or its agents to go upon his land to carry out the purposes of this chapter, or interferes with the investigation and control of forest pests, the State Commission of Forestry may apply to any court of competent jurisdiction for an injunction or other appropriate means to restrain the person from interfering with the State Commission of Forestry or its agents.
HISTORY: 1962 Code Section 29-65.4; 1963 (53) 104.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 29 - Forest Pest Outbreaks › Section 48-29-60. Dissolution of control zones.

When the State Commission of Forestry determines that pest control work within an established control zone is no longer necessary or feasible, the State Commission of Forestry shall dissolve the zone.
HISTORY: 1962 Code Section 29-65.5; 1963 (53) 104.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 30 - Primary Forest Product Assessment › Section 48-30-20. Purpose.

The purpose of this chapter is to create an assessment on primary forest products processed from South Carolina timber to provide a source of funds to finance the operations provided for in Chapter 18 [28] of this title.
All assessments levied under the provisions of this chapter shall be used only for the purposes specified in this chapter and in Chapter 28 of this title.
HISTORY: 1981 Act No. 70, Section 2.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 30 - Primary Forest Product Assessment › Section 48-30-30. Definitions.

For purposes of this chapter:
A. 1. "Primary forest products" shall mean those products of the tree after they are severed from the stump or separated from the soil and cut or processed to its first roundwood or other product for further conversion and shall include, but are not limited to, whole trees for chipping, whole tree logs, sawlogs, pulpwood, veneer bolts, posts, poles and piling, and stumps.
2. "Processor" shall mean the individual, group, association or corporation that procures primary forest products at their initial point of concentration for conversion to secondary products or for shipment to others for such conversion.
3. "Forest renewal fund" shall mean the special fund established by Chapter 28 of this title.
4. "State Forester" shall mean director of the State Commission of Forestry.
5. "Department of Revenue" shall mean the South Carolina Department of Revenue.
B. For the purpose of this chapter, the following shall not be considered "primary forest products":
1. Christmas trees and associated greens.
2. Pine straw.
3. Material harvested from an individual's own land and used by such individual for the construction of fences, buildings or other personal use.
4. Fuelwood harvested for personal use or for use in individual homes.
HISTORY: 1981 Act No. 70, Section 2; 1993 Act No. 181, Section 1231.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 30 - Primary Forest Product Assessment › Section 48-30-40. Assessment on primary forest products; conditions for suspension of assessment.

There is levied in assessment on all primary forest products harvested from lands within the State at rates established in Section 48-30-60 and the proceeds of such assessment shall be deposited in the forest renewal fund as provided in Section 48-28-100.
Collection of the assessment shall be suspended in any fiscal year in which the General Assembly fails to make general fund appropriations to the forest renewal fund.
Collection of the assessment shall be suspended in any fiscal year in which there is carried forward from previous years a balance of unobligated funds in the forest renewal fund greater than four times the amount appropriated from the general fund for that fiscal year.
If the assessment is suspended because of either paragraph 2 or 3 of this section, the suspension shall cease when the condition causing the suspension no longer exists.
HISTORY: 1981 Act No. 70, Section 2.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 30 - Primary Forest Product Assessment › Section 48-30-50. Collection of assessment by Department of Revenue; information and assistance to be provided by State Forester; reimbursement of department for collection costs.

1. The Department of Revenue shall develop the necessary administrative procedures to collect the assessment, collect the assessment from primary forest product processors, deposit funds collected from the assessment in the forest renewal fund and audit the records of processors to determine compliance with the provisions of this chapter.
2. The State Forester shall provide quarterly to the Department of Revenue lists of processors subject to the assessment, advise the Department of Revenue of the appropriate methods to convert measurements of primary forest products by systems other than those authorized in this chapter, establish in September the estimated total assessment that shall be collectable in the next budget period and inform the Governor and the General Assembly and notify, within thirty days of certification of the state budget, the Department of Revenue of the need to collect the assessment for the period covered by the approved budget.
The Department of Revenue shall be reimbursed for those expenditures incurred as a cost of collecting the assessment for the forest renewal fund. This amount shall be transferred from the forest renewal fund in equal increments at the end of each quarter of the fiscal year to the Department of Revenue. This amount shall not exceed fifty thousand dollars annually.
HISTORY: 1981 Act No. 70, Section 2; 1993 Act No. 181, Section 1232.
Code Commissioner's Note
At the direction of the Code Commissioner, references in this section to the offices of the former State Budget and Control Board, Office of the Governor, or other agencies, were changed to reflect the transfer of them to the Department of Administration or other entities, pursuant to the directive of the South Carolina Restructuring Act, 2014 Act No. 121, Section 5(D)(1).
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 30 - Primary Forest Product Assessment › Section 48-30-60. Assessment rates.

A. The assessment rates shall be based on the following standards:
1. For primary forest products customarily measured in board feet, the 'Scribner Log Rule', as identified in the U. S. Dept. of Agriculture, Forest Service publication 'Tables for Measuring Board Foot Volume of Timber' or equivalent shall be used.
2. For primary forest products customarily measured in cords, the standard cord of 128 cubic feet or equivalent, as defined in Section 39-9-130 shall be used.
3. For any other type of forest product separated from the soil, the State Forester shall determine a fair unit assessment rate, based on the cubic foot volume of one thousand foot board measure, Scribner Log Rule as defined in item 1 above, or one standard cord, as defined in Section 39-9-130.
B. The assessment levied on primary forest products shall be at the following rates:
1. Fifty cents per thousand board feet for softwood, sawtimber, veneer logs and bolts and all other softwood, including bald cypress, products normally measured in board feet.
2. Twenty-five cents per thousand board feet for hardwood and sawtimber, veneer and all other hardwood products normally measured in board feet.
3. Twenty cents per cord for softwood pulpwood and other softwood products normally measured in cords.
4. Seven cents per cord for hardwood pulpwood and other hardwood products normally measured in cords.
5. All material harvested within South Carolina for shipment outside the State for primary processing shall be assessed at yield rates equal to rates on material harvested and processed within the State.
HISTORY: 1981 Act No. 70, Section 2.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 30 - Primary Forest Product Assessment › Section 48-30-70. Time and manner of payment of assessments; processors to maintain production records for assessment purposes; confidentiality of records.

The assessment shall be levied against the processor of the primary forest product.
It shall be submitted on a quarterly basis of the state's fiscal year due and payable the twenty-fifth of the month following the end of each quarter.
It shall be remitted to the Department of Revenue, by check or money order, with such production reports as may be required by the Department of Revenue.
The processor shall maintain for a period of three fiscal years and make available to the Department of Revenue such production records necessary to verify proper reporting and payment of revenue due the forest renewal fund. The production reports of the various processors shall be used only for assessment purposes. Production information on an individual processor basis shall not be made a part of the public record.
Any official or employee of the State who discloses information obtained from a production report, except as may be necessary for administration and collection of the assessment, or in the performance of official duties, or in administrative or judicial proceedings related to the levy of collection of the assessment, shall be deemed guilty of a misdemeanor and upon conviction shall be fined not more than two hundred dollars or imprisoned not more than thirty days.
HISTORY: 1981 Act No. 70, Section 2; 1993 Act No. 181, Section 1233.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 30 - Primary Forest Product Assessment › Section 48-30-80. Enforcement of primary forest product assessment.

The Department of Revenue shall enforce collection of the primary forest product assessment in accordance with statutory remedies and procedures pertaining to collection of revenue by it.
HISTORY: 1981 Act No. 70, Section 2; 1993 Act No. 181, Section 1234.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 31 - Emergency Powers Of Governor To Protect Forests › Section 48-31-10. Proclamation forbidding use of fire in forests or woodlands when conditions are abnormal; annulment of proclamation.

Whenever by reason of a drought, low humidity, high winds, and other conditions, the forests and woodlands in the State are in danger of fires, the Governor, upon recommendation of the State Forester, may in the interest of public safety and the preservation of natural resources, have authority by proclamation to forbid the use of fire therein. When the Governor is satisfied that the occasion has passed for maintaining the provisions of the proclamation he shall annul it by another proclamation.
HISTORY: 1962 Code Section 29-41; 1955 (49) 178.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 31 - Emergency Powers Of Governor To Protect Forests › Section 48-31-20. Unlawful to start fires or throw burning materials in protected areas.

During such periods and in such areas as the Governor shall proclaim, it shall be unlawful for any person to build or ignite any fire of any nature, or for any person to throw or cause to be thrown any matches, ashes, tobacco or other burning material on or adjacent to forests, woodlands, brushlands, or grasslands under protection from forest fires. It shall be unlawful to burn or cause to be burned any right of way.
HISTORY: 1962 Code Section 29-42; 1955 (49) 178.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 31 - Emergency Powers Of Governor To Protect Forests › Section 48-31-30. Exception for fires in municipalities and cultivated lands enclosed by firebreaks.

The provisions of this chapter shall not apply to fires which may be started within the corporate limits of any town or city, and to cultivated lands enclosed by firebreaks which will prevent the spread of fire to adjacent forests, woodlands, brushlands or grasslands.
HISTORY: 1962 Code Section 29-43; 1955 (49) 178.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 31 - Emergency Powers Of Governor To Protect Forests › Section 48-31-40. Penalties.

Any person violating any provision of this chapter shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than twenty-five dollars nor more than one hundred dollars, or imprisoned for not more than thirty days.
HISTORY: 1962 Code Section 29-44; 1955 (49) 178.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 33 - South Carolina Forest Fire Protection Act › Section 48-33-20. "Forest land" defined.

For the purpose of this chapter all lands shall be construed as "forest land" which have enough forest growth, standing or down, or have sufficient inflammable debris or grass, outside of corporate limits, to constitute, in the judgment of the State Commission of Forestry, a fire menace to itself or adjoining lands.
HISTORY: 1962 Code Section 29-52; 1952 Code Section 29-52; 1945 (44) 138.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 33 - South Carolina Forest Fire Protection Act › Section 48-33-30. "Forest fire" defined.

The term "forest fire," as used in this chapter, means any fire burning uncontrolled on any land covered wholly or in part by timber, brush, grass or other inflammable vegetation.
HISTORY: 1962 Code Section 29-53; 1952 Code Section 29-53; 1945 (44) 138.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 33 - South Carolina Forest Fire Protection Act › Section 48-33-40. State Commission of Forestry to direct forest fire protection work.

All forest fire protection work shall be under the direction and supervision of the State Commission of Forestry, through the State Forester, subject to the provisions of this chapter and the laws of the State enacted relative to forestry and forest fire prevention and suppression.
HISTORY: 1962 Code Section 29-54; 1952 Code Section 29-54; 1945 (44) 138.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 33 - South Carolina Forest Fire Protection Act › Section 48-33-50. Creation of county forestry boards.

There shall be set up in each county a board, to be known as the county forestry board, consisting of five members, who shall be appointed by the State Commission of Forestry on the recommendation of a majority of the county legislative delegation in the House of Representatives and the Senator of such county. The members shall be residents of the county from which they are appointed. Change of residence from the county shall terminate the appointment. The initial term of all the members of the county forestry boards having been one for one year, one for two years, one for three years, one for four years and one for five years, the terms of the members of each board since appointed have been and shall hereafter be for five years, each member holding office until his successor is appointed, so that one member shall be appointed annually.
In case of a vacancy or termination of appointment on a county forestry board, such vacancy shall be filled in the same manner as provided for the appointment of members thereof, except that if a vacancy shall exist in the office of member of a county forestry board for more than two months the then existing members of the county forestry board may recommend for appointment some suitable person to fill such vacancy and the State Commission of Forestry shall make the appointment on such recommendation.
In Berkeley County, appointments made pursuant to this section are governed by the provisions of Act 159 of 1995.
In Dorchester County, appointments made pursuant to this section are governed by the provisions of Act 512 of 1996.
In Georgetown County, appointments made pursuant to this section are governed by the provisions of Act 515 of 1996.
HISTORY: 1962 Code Section 29-55; 1952 Code Section 29-55; 1945 (44) 138.
Editor's Note
By a Ordinance No. 96-5-15, dated October 2, 1996, the Berkeley County Council has notified the Code Commissioner that it accepts the responsibility and authority for making the appointments provided in Act 159 of 1995 which were formerly made by the Berkeley County Legislative Delegation pursuant to the authority of this section.
By Resolution 96-07, dated July 15, 1996, the Dorchester County Council has notified the Code Commissioner that it accepts the responsibility and authority for making the appointments provided in Act 512 of 1996 which were formerly made by the Dorchester County Legislative Delegation pursuant to the authority of this section.
By a resolution dated August 13, 1996, the Georgetown County Council has notified the Code Commissioner that it accepts the responsibility and authority for making the appointments provided in Act 515 of 1996 which were formerly made by the Georgetown County Legislative Delegation pursuant to the authority of this section.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 33 - South Carolina Forest Fire Protection Act › Section 48-33-60. Duties and powers of county forestry boards; employees.

The county boards shall assist in the efficient performance of the requirements of this chapter and the general conduct of the forestry program in the county. They shall review, revise and adopt the annual forest fire protection plan and the county ranger, fire wardens, towermen and all other county forest fire protection officers shall be employed, retained or dismissed only with the consent of the county forestry board. The county ranger, fire wardens and towermen and all other county officers of the county board shall be residents of the county in which they are so employed.
HISTORY: 1962 Code Section 29-56; 1952 Code Section 29-56; 1945 (44) 138.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 33 - South Carolina Forest Fire Protection Act › Section 48-33-70. Plans for forest fire protection; rules and regulations for administration of plans.

The State Commission of Forestry shall prepare for each county forestry board a plan for forest fire protection for the fiscal year and present such plan at the July meeting of the board. It shall have power to make and enforce all rules and regulations necessary for the administration of forest fire protection.
HISTORY: 1962 Code Section 29-57; 1952 Code Section 29-57; 1945 (44) 138.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 33 - South Carolina Forest Fire Protection Act › Section 48-33-80. Access to property.

The State Commission of Forestry, any of its authorized agents and any member of a county forestry board may, at any or all times, go upon any land for the purpose of preventing or controlling forest fires, as defined herein, without making themselves liable for trespassing.
HISTORY: 1962 Code Section 29-58; 1952 Code Section 29-58; 1945 (44) 138.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 33 - South Carolina Forest Fire Protection Act › Section 48-33-90. Title to property acquired vested in State Commission of Forestry.

The title to all property acquired incident to carrying out the provisions of this chapter shall be vested in the State Commission of Forestry.
HISTORY: 1962 Code Section 29-59; 1952 Code Section 29-59; 1945 (44) 138.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 34 - South Carolina Prescribed Fire Act › Section 48-34-20. Definitions.

As used in this chapter:
(1) "Prescribed fire" means a controlled fire applied to forest, brush, or grassland vegetative fuels under specified environmental conditions and precautions which cause the fire to be confined to a predetermined area and allow accomplishment of the planned land management objectives. It also is known as "controlled burn".
(2) "Certified prescribed fire manager" means an individual who successfully completes a certification program approved by the State Commission of Forestry.
(3) "Prescribed fire plan" means a written prescription for starting and controlling a prescribed fire.
HISTORY: 1994 Act No. 325, Section 1.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 34 - South Carolina Prescribed Fire Act › Section 48-34-40. Requirements for conducting prescribed fire; South Carolina Smoke Management Guidelines.

(A) For purposes of this section, "South Carolina Smoke Management Guidelines" means smoke management guidelines for vegetative debris burning for forestry, agriculture, and wildlife purposes that are promulgated as regulations by the State Forestry Commission pursuant to the Administrative Procedures Act.
(B) Prescribed fires conducted pursuant to this chapter:
(1) must have a written prescribed fire plan that:
(a) complies with the South Carolina Smoke Management Guidelines;
(b) is prepared before authorization to burn is issued by the State Commission of Forestry; and
(c) is on site and followed during the burn;
(2) must have present at least one certified prescribed fire manager who must:
(a) be certified by the commission;
(b) personally supervise the burn from ignition until the certified prescribed fire manager determines the burn to be safe;
(c) fully consider both fire behavior and related smoke management issues during and after the burn;
(3) are considered in the public interest and do not constitute a public or private nuisance when conducted pursuant to the South Carolina Smoke Management Guidelines, Chapters 1 and 35, Title 48, and Chapter 2, Title 50; prescribed fires that are purposefully set in accordance with these chapters and the South Carolina Smoke Management Guidelines are exempt from the open fire prohibition pursuant to R. 61-62.2 and are acceptable to the Department of Health and Environmental Control if the fire is for:
(a) burning forest lands for specific management practices;
(b) agricultural control of diseases, weeds, and pests and for other specific agricultural purposes;
(c) open burning of trees, brush, grass, and other vegetable matter for game management purposes;
(4) are considered a property right of the property owner.
HISTORY: 1994 Act No. 325, Section 1; 2012 Act No. 139, Section 1, eff April 2, 2012.
Editor's Note
2012 Act No. 139, Section 3, provides as follows:
"The guidelines published by the State Forestry Commission in August 2006 entitled, "Smoke Management Guidelines for Vegetative Debris Burning for Forestry, Agriculture, and Wildlife purposes in the State of South Carolina" are hereby considered promulgated by the State Forestry Commission and approved by the General Assembly. Any amendment, replacement, or revision of these guidelines must be promulgated by the State Forestry Commission pursuant to the Administrative Procedures Act."
Effect of Amendment
The 2012 amendment rewrote the section.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 34 - South Carolina Prescribed Fire Act › Section 48-34-50. Liability for damages, injury, or loss caused by prescribed fire.

A property owner or lessee or his agent or employee conducting a prescribed fire pursuant to this chapter is not liable for damage, injury, or loss caused by fire or other consequences of the prescribed fire, except for smoke, unless negligence is proven. A property owner or lessee or his agent or employee conducting a prescribed fire pursuant to this chapter is not liable for damage, injury, or loss caused by the resulting smoke of a prescribed fire unless gross negligence or recklessness is proven.
HISTORY: 1994 Act No. 325, Section 1; 2012 Act No. 139, Section 2, eff April 2, 2012.
Editor's Note
2012 Act No. 139, Section 3, provides as follows:
"The guidelines published by the State Forestry Commission in August 2006 entitled, "Smoke Management Guidelines for Vegetative Debris Burning for Forestry, Agriculture, and Wildlife purposes in the State of South Carolina" are hereby considered promulgated by the State Forestry Commission and approved by the General Assembly. Any amendment, replacement, or revision of these guidelines must be promulgated by the State Forestry Commission pursuant to the Administrative Procedures Act."
Effect of Amendment
The 2012 amendment rewrote the first sentence and added the second sentence relating to the standard of care for liability for damage, injury, or loss caused by the resulting smoke of a prescribed fire.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 35 - Regulation Of Fires On Certain Lands › Section 48-35-10. Starting fire in woodlands, grasslands, and other places unlawful unless certain precautions are taken.

It shall be unlawful for any owner or lessee of land or any employee of such owner or lessee or other person to start, or cause to be started, a fire in any woodlands, brushlands, grasslands, ditchbanks, or hedgerows or in any debris, leaves or other flammable material adjacent thereto, except under the following conditions:
(a) Proper notification shall be given to the State Forester, or his duly authorized representative or other persons designated by the State Forester. The notice shall contain all information required by the State Forester or his representative.
(b) Such persons shall have cleared around the area to be burned and have immediately available sufficient equipment and personnel to adequately secure the fire and prevent its spread.
(c) The person starting the burning shall supervise carefully the fire started and have it under control prior to leaving the area.
HISTORY: 1962 Code Section 29-65.11; 1969 (56) 421.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 35 - Regulation Of Fires On Certain Lands › Section 48-35-20. Authorization must be obtained from landowner to conduct burning.

A lessee of any land, or any employee of any landowner or lessee of land, or other person, must receive prior authorization from the landowner to conduct such burning, in addition to complying with the other provisions of this chapter.
HISTORY: 1962 Code Section 29-65.12; 1969 (56) 421.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 35 - Regulation Of Fires On Certain Lands › Section 48-35-30. Chapter inapplicable to fires within municipalities.

The provisions of this chapter shall not apply to fires which may be started within the corporate limits of any town or city.
HISTORY: 1962 Code Section 29-65.13; 1969 (56) 421.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 35 - Regulation Of Fires On Certain Lands › Section 48-35-40. Burning prohibited during periods of emergency.

No burning shall be carried out during any period which the Governor has declared that an emergency exists in connection with forest fires.
HISTORY: 1962 Code Section 29-65.14; 1969 (56) 421.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 35 - Regulation Of Fires On Certain Lands › Section 48-35-50. State Forester may prohibit fires.

The State Forester may direct at any time, when deemed necessary in the interest of public safety, that fires covered by this chapter not be started. The State Forester also may prohibit all open burning regardless of whether a permit or notification is required, including campfires, bonfires, and other fires for recreational purposes. This prohibition shall not apply to fires used for nonrecreational purposes such as those for human warmth or for the preparation of food for immediate consumption.
HISTORY: 1962 Code Section 29-65.15; 1969 (56) 421; 2017 Act No. 74 (H.3719), Section 1, eff May 19, 2017.
Effect of Amendment
2017 Act No. 74, Section 1, added the second and third sentences, relating to prohibiting open burning and the inapplicability of the prohibition to fires used for nonrecreational purposes.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 35 - Regulation Of Fires On Certain Lands › Section 48-35-55. Fire regulation exemptions.

Except as otherwise provided by law, the provisions of this chapter do not apply to a fire used for the preparation of food for immediate consumption, or fires burned in portable outdoor fireplaces, chimineas, or permanent fire pits constructed of stone, masonry, metal, or other noncombustible material that conforms with all applicable South Carolina fire codes so long as a person has cleared around the area to be burned and has immediately available sufficient equipment and personnel to adequately secure the fire and prevent its spread.
HISTORY: 2021 Act No. 72 (H.3541), Section 1, eff May 17, 2021.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 35 - Regulation Of Fires On Certain Lands › Section 48-35-60. Penalties.

Any person violating the provisions of this chapter may be deemed guilty of a misdemeanor and, upon conviction, may be fined not more than two hundred dollars or imprisoned for not more than thirty days for a first offense. For any second or subsequent offense, a fine of not less than five hundred dollars or imprisonment for not more than sixty days, or both may be imposed in the discretion of the court. "Subsequent offense", as used in this section, shall mean an offense committed within ten years of a previous offense.
HISTORY: 1962 Code Section 29-65.16; 1969 (56) 421; 2017 Act No. 74 (H.3719), Section 2, eff May 19, 2017.
Effect of Amendment
2017 Act No. 74, Section 2, amended the section, revising the penalties for violating the provisions of this chapter.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 36 - South Carolina Forest Best Management Practices Act › Section 48-36-20. Definitions.

For the purposes of this chapter:
(1) "Silvicultural activity" means multiple-use forest management activity including, but not limited to, the harvesting of timber, construction of roads and trails for forest management purposes, and preparation of property for reforestation.
(2) "Best Management Practices" means a set of guidelines for silvicultural activities to protect water quality, air quality, soil quality and productivity, wildlife habitat, and the aesthetic integrity of the forest.
HISTORY: 1995 Act No. 50, Section 1.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 36 - South Carolina Forest Best Management Practices Act › Section 48-36-30. Designated agency; duties.

The State Commission of Forestry is the designated agency in South Carolina to provide public oversite and guidance for technical forest management practices and related activities in laws pertaining to forest lands. To carry out this charge, the commission may enter into contracts and memorandums of understanding with other state or federal agencies. The commission shall establish Best Management Practices, related monitoring programs, and other programs to assure that forestry practices are in compliance with state and federal regulations.
HISTORY: 1995 Act No. 50, Section 1.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 37 - Southeastern Interstate Forest Fire Protection Compact › Section 48-37-10. Governor may execute compact; legislative approval given.

The Governor on behalf of this State may execute a compact, in substantially the form set out in Section 48-37-20, with any one or more of the states of Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, Tennessee, Virginia and West Virginia, and the legislature hereby signifies in advance its approval and ratification of such compact.
HISTORY: 1962 Code Section 29-71; 1954 (48) 1774.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 37 - Southeastern Interstate Forest Fire Protection Compact › Section 48-37-30. Effective date of compact; exchange of official documents.

When the Governor shall have executed such compact on behalf of this State and shall have caused a verified copy thereof to be filed with the Secretary of State, and when such compact shall have been ratified by one or more of the states named in Section 48-37-10, then such compact shall become operative and effective as between this State and such other state or states. The Governor shall take such action as may be necessary to complete the exchange of official documents as between this State and any other state ratifying such compact.
HISTORY: 1962 Code Section 29-73; 1954 (48) 1774.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 37 - Southeastern Interstate Forest Fire Protection Compact › Section 48-37-40. State Forester to act as compact administrator; advisory committee of Southeastern Interstate Forest Fire Protection Compact.

In pursuance of Article III of the compact as set out in Section 48-37-20, the State Forester of the State Commission of Forestry shall act as compact administrator for the State of South Carolina during his term of office as State Forester, and his successor as compact administrator shall be his successor as State Forester. As compact administrator he shall be an ex officio member of the Southeastern Interstate Forest Fire Protection Compact advisory committee, and chairman ex officio of the South Carolina members of such advisory committee. There shall be four members of the advisory committee from this State. Two of the members from this State shall be members of the General Assembly, one from the Senate and one from the House of Representatives, designated by the South Carolina Commission on Interstate Cooperation, and the terms of any such members shall terminate at the time they cease to hold legislative office, and their successors as members shall be named in like manner.
The Governor shall appoint the other two members from this State, one of whom shall be associated with forestry or forest products industries. The terms of such members shall be three years and such members shall hold office until their respective successors shall be appointed and qualified. Vacancies occurring in the office of such members from any reason or cause shall be filled by appointment by the Governor for the unexpired term. The State Forester as compact administrator for this State may delegate, from time to time, to any deputy or other subordinate in his department or office, the power to be present and participate, including voting as his representative or substitute at any meeting of or hearing by or other proceeding of the compact administrators or of the advisory committee. The terms of each of the initial four memberships of the advisory committee, whether appointed at such time or not, shall begin upon the date upon which such compact shall become effective in accordance with Article II of the compact. Any member of the advisory committee may be removed from office by the Governor upon charges and after a hearing.
HISTORY: 1962 Code Section 29-74; 1954 (48) 1774.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 37 - Southeastern Interstate Forest Fire Protection Compact › Section 48-37-50. Powers and duties of State Forester and advisory committee; state officers, bureaus, departments and employees shall cooperate.

There is hereby granted to the State Forester, as compact administrator and chairman ex officio of the South Carolina members of such advisory committee, and to the members from this State of the advisory committee all the powers provided for in the compact and all the powers necessary or incidental to the carrying out of such compact in every particular. All officers of the State shall do all things falling within their respective provinces and jurisdiction necessary or incidental to the carrying out of the compact in every particular; it being hereby declared to be the policy of this State to perform and carry out the compact and to accomplish the purposes thereof.
All officers, bureaus, departments and persons of and in the State government or administration of this State shall at convenient times and upon request of such compact administrator, or of such advisory committee, furnish information and data relating to the purposes of the compact possessed by them or any of them to the compact administrator or the advisory committee. They may further aid the compact administrator or the advisory committee by loan of personnel, equipment or other means in carrying out the purposes of the compact.
HISTORY: 1962 Code Section 29-75; 1954 (48) 1774.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 37 - Southeastern Interstate Forest Fire Protection Compact › Section 48-37-60. Chapter to not limit powers of State Commission of Forestry.

Any powers granted in this chapter to the State Commission of Forestry shall be regarded as in aid of and supplemental to, and in no case a limitation upon, any of the powers vested in the Commission by other laws of the State of South Carolina or by the laws of the states of Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, Tennessee, Virginia, and West Virginia or by the Congress or the terms of such compact.
HISTORY: 1962 Code Section 29-76; 1954 (48) 1774.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 39 - Coastal Tidelands And Wetlands › Section 48-39-20. Legislative declaration of findings.

The General Assembly finds that:
(A) The coastal zone is rich in a variety of natural, commercial, recreational and industrial resources of immediate and potential value to the present and future well-being of the State.
(B) The increasing and competing demands upon the lands and waters of our coastal zone occasioned by population growth and economic development, including requirements for industry, commerce, residential development, recreation, extraction of mineral resources and fossil fuels, transportation and navigation, waste disposal and harvesting of fish, shellfish and other living marine resources have resulted in the decline or loss of living marine resources, wildlife, nutrient-rich areas, permanent and adverse changes to ecological systems, decreasing open space for public use and shoreline erosion.
(C) A variety of federal agencies presently operate land use controls and permit systems in the coastal zone. South Carolina can only regain control of the regulation of its critical areas by developing its own management program. The key to accomplishing this is to encourage the state and local governments to exercise their full authority over the lands and waters in the coastal zone.
(D) The coastal zone and the fish, shellfish, other living marine resources and wildlife therein, may be ecologically fragile and consequently extremely vulnerable to destruction by man's alterations.
(E) Important ecological, cultural, natural, geological and scenic characteristics, industrial, economic and historical values in the coastal zone are being irretrievably damaged or lost by ill-planned development that threatens to destroy these values.
(F) In light of competing demands and the urgent need to protect and to give high priority to natural systems in the coastal zone while balancing economic interests, present state and local institutional arrangements for planning and regulating land and water uses in such areas are inadequate.
HISTORY: 1977 Act No. 123, Section 1; 1993 Act No. 181, Section 1235.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 39 - Coastal Tidelands And Wetlands › Section 48-39-30. Legislative declaration of state policy.

(A) The General Assembly declares the basic state policy in the implementation of this chapter is to protect the quality of the coastal environment and to promote the economic and social improvement of the coastal zone and of all the people of the State.
(B) Specific state policies to be followed in the implementation of this chapter are:
(1) To promote economic and social improvement of the citizens of this State and to encourage development of coastal resources in order to achieve such improvement with due consideration for the environment and within the framework of a coastal planning program that is designed to protect the sensitive and fragile areas from inappropriate development and provide adequate environmental safeguards with respect to the construction of facilities in the critical areas of the coastal zone;
(2) To protect and, where possible, to restore or enhance the resources of the State's coastal zone for this and succeeding generations;
(3) To formulate a comprehensive tidelands protection program;
(4) To formulate a comprehensive beach erosion and protection policy including the protection of necessary sand dunes.
(5) To encourage and assist state agencies, counties, municipalities and regional agencies to exercise their responsibilities and powers in the coastal zone through the development and implementation of comprehensive programs to achieve wise use of coastal resources giving full consideration to ecological, cultural and historic values as well as to the needs for economic and social development and resources conservation.
(C) In the implementation of the chapter, no government agency shall adopt a rule or regulation or issue any order that is unduly restrictive so as to constitute a taking of property without the payment of just compensation in violation of the Constitution of this State or of the United States.
(D) Critical areas shall be used to provide the combination of uses which will insure the maximum benefit to the people, but not necessarily a combination of uses which will generate measurable maximum dollar benefits. As such, the use of a critical area for one or a combination of like uses to the exclusion of some or all other uses shall be consistent with the purposes of this chapter.
(E) It shall be the policy of the State to coordinate the coastal planning and management program effort with other coastal states and organizations of coastal states.
HISTORY: 1977 Act No. 123, Section 2; 1993 Act No. 181, Section 1235.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 39 - Coastal Tidelands And Wetlands › Section 48-39-40. Repealed.

HISTORY: Former Section, titled Creation of Coastal Zone Management Appellate Panel; members; terms of office, had the following history: 1977 Act No. 123, Section 4; 1990 Act No. 607, Section 6; 1991 Act No. 248, Section 6; 1993 Act No. 181, Section 1235; 2012 Act No. 279, Section 18. Repealed by 2018 Act No. 167, Section 1, eff May 3, 2018.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 39 - Coastal Tidelands And Wetlands › Section 48-39-60. Department of Natural Resources to provide additional personnel.

When requested by the department, the South Carolina Department of Natural Resources shall provide additional staff for the department, including any additional enforcement officers, necessary to administer the provisions of this chapter and for which funds are available.
HISTORY: 1977 Act No. 123, Section 6; 1993 Act No. 181, Section 1235.