reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 4 - Department Of Natural Resources › Section 48-4-70. General duties of board.

The board shall:
(1) hold meetings, as considered necessary by the chairman, with a majority of the board members constituting a quorum. The board may hold meetings, transact business, or conduct investigations at any place necessary; however, its primary office is in Columbia;
(2) formulate and recommend legislation to enhance uniformity, enforcement, and administration of the wildlife, marine, and natural resource laws;
(3) make an annual report to the General Assembly on all matters relating to its action;
(4) pay travel expenses; and purchase or lease all necessary facilities, equipment, books, periodicals, and supplies for the performance of its duties; and
(5) exercise and perform other powers and duties as granted to it or imposed upon it by law.
HISTORY: 1993 Act No. 181, Section 1174; 2022 Act No. 230 (H.3055), Section 2.B, eff June 17, 2022.
Effect of Amendment
2022 Act No. 230, Section 2.B, deleted (4), which related to giving bond for the faithful performance of duties, and redesignated former (5) and (6) as (4) and (5).
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 4 - Department Of Natural Resources › Section 48-4-80. Power of board to make rules, promulgate regulations, exercise authority under certain other rules and regulations, and conduct hearings.

The board may:
(1) make rules and promulgate regulations, not inconsistent with law, to aid in the performance of its duties. The board may prescribe the extent, if any, to which these rules and regulations must be applied without retroactive effect.
(2) exercise all authority granted to it under the laws and regulations relating to wildlife, marine and natural resources.
(3) conduct such hearings as may be required by law.
HISTORY: 1993 Act No. 181, Section 1174.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 5 - South Carolina Water Quality Revolving Fund Authority Act › Section 48-5-30. South Carolina Water Quality Revolving Fund Authority created; membership of authority.

There is created the South Carolina Water Quality Revolving Fund Authority. The authority is a public instrumentality of this State and the exercise by it of a power conferred in this chapter is the performance of an essential public function. The members of the State Fiscal Accountability Authority comprise the authority.
HISTORY: 1992 Act No. 513, Section 3; 2014 Act No. 121 (S.22), Pt VII, Section 20.P, eff July 1, 2015.
Effect of Amendment
2014 Act No. 121, Section 20.P, substituted "Fiscal Accountability Authority" for "Budget and Control Board".
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 5 - South Carolina Water Quality Revolving Fund Authority Act › Section 48-5-60. Authority of Department of Health and Environmental Control.

The department may:
(1) promulgate regulations with authority input to effectuate the provisions of this chapter and the Clean Water Act and the Safe Drinking Water Act;
(2) develop priority systems with authority input which ensure consistency with the Clean Water Act and Safe Drinking Water Act for the clean water fund and drinking water fund, respectively;
(3) prepare annual plans in accordance with the Clean Water Act and Safe Drinking Water Act after providing for input from the authority and public comment and review;
(4) receive monies from the clean water fund for program and project management activities of the clean water fund;
(5) establish accounts and deposit portions of the federal capitalization grants, as authorized by the Safe Drinking Water Act, for the purposes of administering the drinking water fund and other authorized activities; and
(6) enter into binding agreements with the agency as necessary to effect the implementation of this chapter.
HISTORY: Act No. 513, Section 3; 1997 Act No. 41, Section 7.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 5 - South Carolina Water Quality Revolving Fund Authority Act › Section 48-5-70. Project sponsors authorized to borrow money from authority through loan agreements and loan obligations; contracts need not be identical among projects; application of other statutes permitting project sponsors to borrow money and issue obligations.

(A) All project sponsors may borrow money from the authority through loan agreements and the issuance of loan obligations in favor of the authority. Project sponsors may enter into and issue the agreements and evidences of indebtedness comprising the loan agreements and loan obligations in accordance with the provisions of this chapter, and no further statutory authorization is required for the issuance and delivery by project sponsors of their loan obligations. All project sponsors entering into loan agreements and issuing loan obligations to the authority may perform any acts, take any action, adopt any proceedings, and make and carry out any contracts with the authority which are contemplated by this chapter. The contracts need not be identical among all project sponsors but may be structured as determined by the authority according to the needs of the contracting project sponsors and the authority.
(B) In addition to the authorizations contained in this chapter, all other statutes permitting project sponsors to borrow money and issue obligations, including both general obligation and revenue bonds, may be utilized by project sponsors borrowing money from the authority to the extent considered necessary or useful by the project sponsor in connection with a loan agreement and the issuance, securing, or sale of its loan obligation to the authority.
HISTORY: 1992 Act No. 513, Section 3.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 5 - South Carolina Water Quality Revolving Fund Authority Act › Section 48-5-80. Authority authorized to borrow money and issue bonds; requirements for issuing bonds.

(A) Subject to the requirements of subsections (B) and (C) of this section, the authority may borrow money and issue its bonds, including refunding bonds, in amounts it determines necessary or convenient to provide funds to carry out its purposes and powers and to pay all costs and expenses incurred in connection with the issuance of bonds.
(B) At or before the delivery of bonds by the authority, the authority shall, by resolution of the authority, certificate of an officer or employee of the authority or other manner as the authority determines, establish with respect to all bonds of the authority then outstanding and then proposed to be delivered that, following the period during which interest on bonds or loan obligations is capitalized, either:
(1) the ratio of all assets, including, without limitation, loan obligations, reserves, and any amounts to be received pursuant to an agreement with the agency held, or to be held, as security for all the bonds to the principal amount of all the bonds is not less than 1.10 to 1; or
(2) the ratio of anticipated annual receipts to be derived from assets described in (1), above, to debt service on all the bonds is estimated to be not less than 1.10 to 1.
(C) With respect to bonds, or that portion of an issue of bonds, issued to refund outstanding bonds of the authority, in lieu of the requirements of subsection (B) of this section, the bonds may be issued if the authority establishes with respect to the issuing of the bonds that debt service with respect to the refunding bonds is not expected to exceed debt service with respect to the refunded bonds in a year in which the refunded bonds were outstanding.
HISTORY: 1992 Act No. 513, Section 3.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 5 - South Carolina Water Quality Revolving Fund Authority Act › Section 48-5-90. Authority authorized to pledge its revenues or funds to payment of bonds; other security for payment of bonds.

The authority may pledge its revenues or funds to the payment of its bonds, subject only to prior agreement with the holders of particular bonds which may have pledged specific money or revenue. Bonds may be secured by a pledge of a loan obligation owned by the authority, a grant, contribution, or guaranty from the United States, the State, or a corporation, association, institution or person, other property or assets of the authority, or a pledge of money, income, or revenue of the authority from any source.
HISTORY: 1992 Act No. 513, Section 3.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 5 - South Carolina Water Quality Revolving Fund Authority Act › Section 48-5-100. Bonds payable solely from revenue, money, or property of authority; liability on bonds; statements required on face of bonds.

Bonds issued by the authority do not constitute a debt or a pledge of the faith and credit of this State or its political subdivisions other than the authority, but are payable solely from the revenue, money, or property of the authority as provided for in this chapter. The bonds issued do not constitute an indebtedness of this State within the meaning of a constitutional or statutory limitation. No members of the authority or a person executing bonds of the authority is liable personally on the bonds by reason of their issuance or execution. Each bond issued under this chapter must contain on its face a statement to the effect that:
(1) neither this State, nor its political subdivisions, nor the authority is obligated to pay the principal of or interest on the bond or other costs incident to the bond except from the revenue, money, or property of the authority pledged;
(2) neither the faith and credit nor the taxing power of this State, or its political subdivisions, is pledged to the payment of the principal of or interest on the bonds;
(3) the authority does not have taxing power.
HISTORY: 1992 Act No. 513, Section 3.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 5 - South Carolina Water Quality Revolving Fund Authority Act › Section 48-5-110. Requirements for bonds; security for bonds.

(A) The bonds of the authority must be authorized by a resolution of the authority and must be in the form and executed in the manner provided in the resolution. The bonds must bear the date and mature at the time which the resolution provides, except that no bond may mature more than thirty years from its date of issue. The bonds may be in the denominations, be executed in the manner, be payable in the medium of payment, be payable at the place and at the time, and be subject to redemption or repurchase and contain other provisions determined by the authority before their issuance. The bonds may bear interest payable at a time and at a rate as determined by the authority, including the determination of interest rates by agents designated by the authority under guidelines established by it. Bonds may be sold by the authority at public or private sale at the price it determines and approves.
(B) Bonds may be secured by a trust indenture between the authority and a corporate trustee, which may be the State Treasurer or a bank having trust powers or a trust company, designated by the State Treasurer doing business in South Carolina. A trust indenture may contain provisions for protecting and enforcing the rights and remedies of the bondholders which are reasonable and proper, including covenants setting forth the duties of the authority in relation to the exercise of its powers and the custody, safekeeping, and application of its money. The authority may provide by the trust indenture for the payment of the proceeds of the bonds and all or any part of the revenues of the authority to the trustee under the trust indenture or to some other depository, and for the method of its disbursement with safeguards and restrictions prescribed by it.
(C) A resolution or trust indenture pursuant to which bonds are issued may contain provisions which are part of the contract with the holders of the bonds as to such matters relating to the terms of the bonds or the security or protection of the holders of the bonds which the authority considers appropriate.
HISTORY: 1992 Act No. 513, Section 3.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 5 - South Carolina Water Quality Revolving Fund Authority Act › Section 48-5-120. Pledge as valid and binding; lien of pledge; record of proceedings relative to issuance of bonds to be filed.

A pledge made by the authority is valid and binding from the time the pledge is made. The revenue, money, or property pledged and thereafter received by the authority is immediately subject to the lien of the pledge without physical delivery or further act. The lien of a pledge is valid and binding as against all parties having claims of any kind in tort, contract, or otherwise against the authority, irrespective of whether the parties have notice of the pledge. No recording or filing of the resolution authorizing the issuance of bonds, the trust indenture securing bonds, or other instrument including filings under the Uniform Commercial Code is necessary to create or perfect a pledge or security interest granted by the authority to secure bonds, but the record of the proceedings relative to the issuance of any bonds must be filed as prescribed by Section 11-15-20.
HISTORY: 1992 Act No. 513, Section 3.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 5 - South Carolina Water Quality Revolving Fund Authority Act › Section 48-5-130. Subsequent amendments not to affect prior agreements or vested rights.

Subsequent amendments to this chapter may not limit the rights vested in the authority with respect to agreements made with, or remedies available to, the holders of bonds issued under this chapter before the enactment of the amendments until the bonds, with all premiums and interest on them, and all costs and expenses in connection with the proceeding by or on behalf of the holders, are fully met and discharged.
HISTORY: 1992 Act No. 513, Section 3.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 5 - South Carolina Water Quality Revolving Fund Authority Act › Section 48-5-140. Authority exempt from taxes and assessments; bonds issued by authority free from taxation and assessments of every kind.

The authority in performing an essential governmental function in the exercise of the powers conferred upon it is not required to pay taxes or assessments upon property or upon its operations or the income from them, or taxes or assessments upon property or loan obligation acquired or used by the authority or upon the income from them. Bonds issued by the authority, the transfer of bonds, and the income from them, are free from taxation and assessment of every kind by this State, and by the project sponsors and other political subdivisions of this State.
HISTORY: 1992 Act No. 513, Section 3.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 5 - South Carolina Water Quality Revolving Fund Authority Act › Section 48-5-150. Bonds as legal investments; bonds as securities.

The bonds issued by the authority are legal investments in which all public officers or public bodies of the State, its political subdivisions, all municipalities and political subdivisions, all insurance companies and associations and other persons carrying on insurance business, all banks, bankers, banking associations, trust companies, savings banks, savings associations, including savings and loan association investment companies, and other persons carrying on a banking business, all administrators, guardians, executors, trustees, and other fiduciaries, and all other persons who are now or may be authorized in the future to invest in bonds or other obligations of this State, may invest funds in their control or belonging to them. The bonds of the authority are also securities which may be deposited with and received by all public officers and bodies of this State or an agency or political subdivision of this State and all municipalities and public corporations for a purpose for which the deposit of bonds or other obligations of this State is now or may later be required by law.
HISTORY: 1992 Act No. 513, Section 3.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 5 - South Carolina Water Quality Revolving Fund Authority Act › Section 48-5-160. Annual report by the authority.

The authority shall submit, following the close of each fiscal year, an annual report of its activities for the preceding year to the Governor and to the Members of the General Assembly. The authority in cooperation with the department also shall submit to the agency an annual report in accordance with requirements of the Clean Water Act and a biennial report in accordance with requirements of the Safe Drinking Water Act.
HISTORY: 1992 Act No. 513, Section 3; 1997 Act No. 41, Section 8; 2005 Act No. 164, Section 24.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 5 - South Carolina Water Quality Revolving Fund Authority Act › Section 48-5-170. Failure of project sponsor to make payment to authority; section not applicable to certain counties.

If at any time a project sponsor fails to effect the punctual payment of an amount payable by the project sponsor to the authority pursuant to a loan agreement or other agreement between the project sponsor and the authority, the State Treasurer shall, upon notification by the authority of the failure by the project sponsor to make the payment, and subject to the withholding of amounts pursuant to Article X, Section 14, Paragraph (5) of the Constitution of this State, withhold from the project sponsor sufficient monies from a state appropriation to the project sponsor and apply so much as necessary to the payment of the amount. All appropriations for project sponsors are subject to the provisions of this section.
This section shall not apply to a county which, prior to July 15, 1992, has adopted a referendum pursuant to Article VIII, Section 16 of the Constitution, that contains specific restrictions which would prevent the county from receiving a loan from the fund due soley to the foregoing provisions of this section.
HISTORY: 1992 Act No. 513, Section 3; 1994 Act No. 305, Section 1.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 5 - South Carolina Water Quality Revolving Fund Authority Act › Section 48-5-180. Liberal construction of chapter; chapter contains all notice and security requirements; provisions of chapter controlling.

The provisions of this chapter must be liberally construed to the end that its beneficial purposes may be effectuated. No proceeding, notice, or approval is required for the issuance of bonds of the authority or loan obligations by a project sponsor or instruments or the security for the bonds or loan obligation, except as provided in this chapter. If the provisions of this chapter are inconsistent with the provisions of any other law, general, special, or local, the provisions of this chapter are controlling.
HISTORY: 1992 Act No. 513, Section 3.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 5 - South Carolina Water Quality Revolving Fund Authority Act › Section 48-5-190. Severability.

If any provision of the South Carolina Water Quality Revolving Fund Authority Act is held or determined to be unconstitutional, invalid, or otherwise unenforceable by a court of competent jurisdiction, it is the intention of the General Assembly that the provision is, or is deemed to be, severable from the remaining provisions of the act and that the holding does not invalidate or render unenforceable any other provision of the act.
HISTORY: 1992 Act No. 513, Section 5.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 6 - Department Of Environmental Services › Section 48-6-10. Department of Environmental Services created.

Section effective July 1, 2024.
(A) There is created the Department of Environmental Services which shall be headed by a director appointed by the Governor, upon the advice and consent of the Senate. The director is subject to removal by the Governor as provided for in Section 1-3-240.
(B) As the governing authority of the department, the director is vested with all authorities and duties as provided for in Section 1-30-10.
(C) The Department of Environmental Services is comprised of:
(1) the Division of Air Quality;
(2) the Division of Land and Waste Management;
(3) the Division of Water;
(4) the Division of Regional and Laboratory Services, which includes the Office of Emergency Response and the Office of Onsite Wastewater and Enforcement; and
(5) the Division of Coastal Management.
(D) The Director of the Department of Environmental Services may realign the bureaus, divisions, offices, and programs to gain additional efficiencies or to better align resources with changes in environmental statutes or regulation.
HISTORY: 2023 Act No. 60 (S.399), Section 4, eff July 1, 2024.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 6 - Department Of Environmental Services › Section 48-6-20. Functions, powers, and duties.

Section effective July 1, 2024.
(A) The Department of Environmental Services is vested with all the functions, powers, and duties of the environmental divisions, offices, and programs of the Department of Health and Environmental Control on the effective date of this act.
(B) The department may promulgate regulations necessary to implement the provisions of this chapter.
(C) The department may apply for and accept funds, grants, gifts, and services from the State, the United States government or any of its agencies, or any other public or private source and may use funds derived from these sources to defray clerical and administrative costs, as may be necessary for carrying out the department's duties.
HISTORY: 2023 Act No. 60 (S.399), Section 4, eff July 1, 2024.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 6 - Department Of Environmental Services › Section 48-6-50. Rules and regulations of department must be approved by General Assembly.

Section effective July 1, 2024.
All rules and regulations promulgated by the department shall be null and void unless approved by a concurrent resolution of the General Assembly at the session of the General Assembly following their promulgation.
HISTORY: 2023 Act No. 60 (S.399), Section 4, eff July 1, 2024.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 6 - Department Of Environmental Services › Section 48-6-60. Department may promulgate and enforce rules and regulations.

Section effective July 1, 2024.
(A) The Department of Environmental Services may make, adopt, promulgate, and enforce reasonable rules and regulations from time to time requiring and providing for:
(1) the classification of waters;
(2) the control of disease-bearing insects, including the impounding of waters;
(3) the control of industrial plants, including the protection of workers from fumes, gases, and dust, whether obnoxious or toxic;
(4) the use of water in air humidifiers;
(5) the regulation of the methods of disposition of garbage or sewage and any like refuse matter in or near any village, town, or city of the State, incorporated or unincorporated, and to abate obnoxious and offensive odors caused or produced by septic tank toilets by prosecution, injunction, or otherwise; and
(6) the alteration of safety glazing material standards and the defining of additional structural locations as hazardous areas, and for notice and hearing procedures by which to effect these changes.
(B) The department may make separate orders and rules to meet any emergency not provided for by general rules and regulations, for the purpose of suppressing nuisances dangerous to the environment.
HISTORY: 2023 Act No. 60 (S.399), Section 4, eff July 1, 2024.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 6 - Department Of Environmental Services › Section 48-6-70. Penalties for violating rules of department.

Section effective July 1, 2024.
(A) A person who after notice violates, disobeys, or refuses, omits, or neglects to comply with a regulation of the Department of Environmental Services, made by the department pursuant to Section 48-6-60, is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned for thirty days.
(B) A person who after notice violates a rule, regulation, permit, permit condition, final determination, or order of the department issued pursuant to Section 48-6-60 is subject to a civil penalty not to exceed one thousand dollars a day for each violation.
(C) Fines collected pursuant to subsection (B) must be remitted by the department to the State Treasurer for deposit in the state general fund.
(D) The term "notice" as used in this section means either actual notice or constructive notice.
(E) This section does not apply to fines levied pursuant to Section 48-6-60(3) or any other areas regulated by the South Carolina Occupational Health and Safety Act, Section 41-12-10, et seq.
HISTORY: 2023 Act No. 60 (S.399), Section 4, eff July 1, 2024.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 6 - Department Of Environmental Services › Section 48-6-80. Proceedings against a person maintaining a nuisance.

Section effective July 1, 2024.
Nothing contained in Section 48-6-60 in any way abridges or limits the right of a person to maintain or prosecute a civil or criminal proceeding against a person maintaining a nuisance.
HISTORY: 2023 Act No. 60 (S.399), Section 4, eff July 1, 2024.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 7 - Federal Conservation Act › Section 48-7-10. Assent given to Federal Conservation Act.

The assent of the General Assembly required by "An Act to Promote the Conservation and Profitable Use of Agricultural Land Resources by Temporary Federal Aid to Farmers and by Providing for a Permanent Policy of Federal Aid to States for Such Purposes," (Public No. 461, 74th Congress), approved by the President, February 29, 1936, is given to the provisions and requirements of that act.
HISTORY: 1962 Code Section 63-1; 1952 Code Section 63-1; 1942 Code Section 5806-3; 1936 (39) 1531.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 7 - Federal Conservation Act › Section 48-7-20. Powers of Clemson University.

The trustees of Clemson University may:
(1) Receive the grants and use them for the benefit of the State in accordance with the terms and conditions expressed in the act of Congress and as it may be hereafter amended by Congress and in accordance with such rules and regulations as may be prescribed by the Secretary of Agriculture under the authority delegated to him by Congress in the act;
(2) Submit to the Secretary prior to such time and in such manner and form as the Secretary prescribes a State plan to effectuate the purposes of the soil and water conservation and domestic allotment act for the year to which such plan is applicable;
(3) Provide for such methods of administration and such participation in the administration of the plan by county and community committees or associations of agricultural producers organized for such purpose as the Secretary finds necessary for the effective administration of the plan;
(4) Provide for the submission to the Secretary of such reports as he finds necessary to ascertain whether the plan is being carried out according to its terms and for compliance with such requirements as the Secretary may prescribe to assure the correctness of and make possible the verification of such reports; and
(5) Submit to the General Assembly an annual report for each year covering the administration and operation of such plan.
HISTORY: 1962 Code Section 63-2; 1952 Code Section 63-2; 1942 Code Section 5806-3; 1936 (39) 1531; 1965 (54) 106.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 9 - Soil And Water Conservation Districts Law › Section 48-9-10. Short title.

This chapter may be known and cited as the "Soil and Water Conservation Districts Law."
HISTORY: 1962 Code Section 63-51; 1952 Code Section 63-51; 1942 Code Section 5806-101; 1937 (40) 242; 1965 (54) 106.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 9 - Soil And Water Conservation Districts Law › Section 48-9-15. Definitions.

As used in this chapter:
(1) "Department" means the Department of Natural Resources.
(2) "Division" means the Land, Water, and Conservation Division of the Department of Natural Resources.
(3) "Director" means the administrative head of the department appointed by the board.
HISTORY: 1993 Act No. 181, Section 1175; 2019 Act No. 74 (H.4012), Section 1.A, eff May 16, 2019.
Effect of Amendment
2019 Act No. 74, Section 1.A, in (2), substituted "the Land, Water, and Conservation Division" for "Land Resources and Conservation Districts Division".
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 9 - Soil And Water Conservation Districts Law › Section 48-9-40. Repealed.

HISTORY: Former Section, titled Department of Natural Resources; change of name, had the following history: 1962 Code Section 63-51.2; 1972 (57) 2271; 1993 Act No. 181, Section 1177. Repealed by 2019 Act No. 74, Section 9, eff May 16, 2019.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 9 - Soil And Water Conservation Districts Law › Section 48-9-45. Land, Water, and Conservation Division accountable to director of department.

The Land, Water, and Conservation Division, shall be directly accountable to and subject to the director of the department.
HISTORY: 1993 Act No. 181, Section 1178; 2019 Act No. 74 (H.4012), Section 2, eff May 16, 2019.
Effect of Amendment
2019 Act No. 74, Section 2, substituted "Land, Water, and Conservation Division" for "Land Resources and Conservation Districts Division".
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 9 - Soil And Water Conservation Districts Law › Section 48-9-50. Agencies operating public lands shall cooperate with commissioners.

Agencies of this State which shall have jurisdiction over or be charged with the administration of any state-owned lands and agencies of any county or other governmental subdivision of the State which shall have jurisdiction over or be charged with the administration of any county owned or other publicly owned lands, lying within the boundaries of any district organized under this chapter, shall cooperate to the fullest extent with the commissioners of such districts in the effectuation of programs and operations undertaken by the commissioners under the provisions of this chapter. The commissioners of such districts shall be given free access to enter and perform work upon such publicly owned lands.
HISTORY: 1962 Code Section 63-54; 1952 Code Section 63-54; 1942 Code Section 5806-113; 1937 (40) 242; 1970 (56) 2331; 2019 Act No. 74 (H.4012), Section 3, eff May 16, 2019.
Effect of Amendment
2019 Act No. 74, Section 3, in the first sentence, substituted "state-owned" for "State-owned", and deleted the third sentence, which references certain land-use regulations.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 9 - Soil And Water Conservation Districts Law › Section 48-9-60. Adjournment of hearings.

At any hearing pursuant to due notice, at the time and place designated in such notice, adjournment may be made from time to time without the necessity of renewing such notice for such adjourned dates.
HISTORY: 1962 Code Section 63-55; 1952 Code Section 63-55; 1942 Code Section 5806-103; 1937 (40) 242.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 9 - Soil And Water Conservation Districts Law › Section 48-9-220. Geographic areas for selection of members of Committee.

For the purpose of selecting the five soil and water conservation district commissioners to serve as members of the Land, Water, and Conservation Division Advisory Committee, the State is divided into five areas, to wit:
(1) Area 1, the counties of Abbeville, Anderson, Cherokee, Greenville, Laurens, Oconee, Pickens, Spartanburg and Union;
(2) Area 2, the counties of Aiken, Calhoun, Edgefield, Greenwood, Lexington, McCormick, Newberry, Richland and Saluda;
(3) Area 3, the counties of Chester, Chesterfield, Darlington, Fairfield, Kershaw, Lancaster, Lee, Marlboro and York;
(4) Area 4, the counties of Berkeley, Clarendon, Dillon, Florence, Georgetown, Horry, Marion, Sumter and Williamsburg; and
(5) Area 5, the counties of Allendale, Bamberg, Barnwell, Beaufort, Charleston, Colleton, Dorchester, Hampton, Jasper and Orangeburg.
HISTORY: 1962 Code Section 63-61.1; 1952 Code Section 63-61.1; 1951 (47) 431; 1965 (54) 106; 1970 (56) 2331; 1972 (57) 227; 2019 Act No. 74 (H.4012), Section 4.A, eff May 16, 2019.
Effect of Amendment
2019 Act No. 74, Section 4.A, in the first undesignated paragraph, substituted "Land, Water, and Conservation Division Advisory Committee" for "State Land Resources Conservation Commission".
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 9 - Soil And Water Conservation Districts Law › Section 48-9-230. Repealed.

HISTORY: Former Section, titled Advisors to the division, had the following history: 1962 Code Section 63-61.2; 1952 Code Section 63-61.2; 1951 (47) 431; 1952 (47) 2890; 1954 (48) 1745; 1965 (54) 106; 1970 (56) 2331; 1972 (57) 2271; 1993 Act No. 181, Section 1179; 1993 Act No. 181, Section 1180; 1994 Act No. 361, Section 8. Repealed by 2019 Act No. 74, Section 9, eff May 16, 2019.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 9 - Soil And Water Conservation Districts Law › Section 48-9-260. Employees; legal services.

The Department of Natural Resources may employ an administrative officer and such technical experts and other agents and employees, permanent and temporary, as it may require and shall determine their qualifications, duties and compensation. The department may call upon the Attorney General for such legal services as it may require or may employ its own counsel and legal staff.
HISTORY: 1962 Code Section 63-64; 1952 Code Section 63-64; 1942 Code Section 5806-104; 1937 (40) 242; 1965 (54) 106; 1970 (56) 2331; 1972 (57) 2271; 1993 Act No. 181, Section 1181.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 9 - Soil And Water Conservation Districts Law › Section 48-9-270. Seal; hearings; rules and regulations.

The Department of Natural Resources shall adopt a seal which shall be judicially noticed and may perform such acts, hold such public hearings and promulgate such rules and regulations as may be necessary for the execution of its functions under this chapter.
HISTORY: 1962 Code Section 63-65; 1952 Code Section 63-65; 1942 Code Section 5806-104; 1937 (40) 242; 1970 (56) 2331; 1993 Act No. 181, Section 1182.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 9 - Soil And Water Conservation Districts Law › Section 48-9-280. Bonds; records; audit.

The Department of Natural Resources shall provide for the execution of surety bonds for all employees and officers who shall be entrusted with funds or property, shall provide for the keeping of a full and accurate record of all its proceedings and activities and of all resolutions, regulations and orders issued or adopted and shall provide for an annual audit of the accounts of receipts and disbursements.
HISTORY: 1962 Code Section 63-66; 1952 Code Section 63-66; 1942 Code Section 5806-104; 1937 (40) 242; 1970 (56) 2331; 1993 Act No. 181, Section 1183.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 9 - Soil And Water Conservation Districts Law › Section 48-9-300. Delegation of powers and duties; cooperation with other agencies.

The department may delegate to one or more agents or employees such powers and duties as it may deem proper and it may furnish information as well as call upon any or all State or local agencies for cooperation in carrying out the provisions of this chapter.
HISTORY: 1962 Code Section 63-68; 1952 Code Section 63-68; 1942 Code Section 5806-104; 1937 (40) 242; 1970 (56) 2331; 1993 Act No. 181, Section 1185.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 9 - Soil And Water Conservation Districts Law › Section 48-9-310. Submission of statements, estimates, budgets, and other information.

The department may require the commissioners of the respective soil and water conservation districts to submit to it such statements, estimates, budgets and other information as it may deem necessary.
HISTORY: 1962 Code Section 63-69; 1952 Code Section 63-69; 1945 (44) 379; 1965 (54) 106; 1970 (56) 2331; 1993 Act No. 181, Section 1186; 2019 Act No. 74 (H.4012), Section 5, eff May 16, 2019.
Effect of Amendment
2019 Act No. 74, Section 5, rewrote the section, removing unnecessary statutory requirements that are now accomplished through the budgeting process.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 9 - Soil And Water Conservation Districts Law › Section 48-9-320. Allocation of State appropriations.

Unless otherwise provided by law all moneys which may from time to time be appropriated out of the State Treasury for the use of soil and water conservation districts shall be available to pay the administrative and other expenses of such districts and shall be allocated by the department among the districts already organized and to be organized during the fiscal year for which such appropriation is made. Such allocation shall be fair, reasonable and in the public interest, giving due consideration to the greater relative expense of carrying on operations within the particular districts because of such factors as unusual topography, unusual severity of erosion, special difficulty of carrying on operations, special volume of work to be done and the special importance of instituting erosion control and soil and water conservation operations immediately. In making allocations of such moneys, the department shall reserve an amount estimated by it to be adequate to enable it to make subsequent allocations in accordance with the provisions of this section from time to time among districts which may be organized within the current fiscal year after the initial allocations are made. All appropriations made for the purpose of this chapter shall be disbursed by the State Treasurer on warrants approved and signed by the department.
HISTORY: 1962 Code Section 63-70; 1952 Code Section 63-70; 1945 (44) 379; 1960 (51) 1625; 1965 (54) 106; 1970 (56) 2331; 1993 Act No. 181, Section 1187.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 9 - Soil And Water Conservation Districts Law › Section 48-9-510. Petition for creation of a district.

Any twenty-five owners of land lying within the limits of territory proposed to be organized into a soil and water conservation district may file a petition with the department asking that a soil and water conservation district be organized to function in the territory described in the petition.
HISTORY: 1962 Code Section 63-81; 1952 Code Section 63-81; 1942 Code Section 5806-105; 1937 (40) 242; 1965 (54) 106; 1970 (56) 2331; 1972 (57) 2271; 1993 Act No. 181, Section 1188.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 9 - Soil And Water Conservation Districts Law › Section 48-9-520. Content of petition.

Any such petition shall set forth:
(1) The proposed name of the district;
(2) That there is need, in the interest of the public health, safety and welfare, for a soil and water conservation district to function in the territory described in the petition;
(3) A description of the territory proposed to be organized as a district, which shall not be required to be given by metes and bounds or by legal subdivisions but shall be deemed sufficient if generally accurate; and
(4) Requests
(a) that the department duly define the boundaries for the district,
(b) that a referendum be held within the territory so defined on the question of the creation of a soil and water conservation district in such territory and
(c) that the department determine that such a district be created.
HISTORY: 1962 Code Section 63-82; 1952 Code Section 63-82; 1942 Code Section 5806-105; 1937 (40) 242; 1965 (54) 106; 1970 (56) 2331; 1972 (57) 2271; 1993 Act No. 181, Section 1188.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 9 - Soil And Water Conservation Districts Law › Section 48-9-530. Consolidation of overlapping petitions.

When more than one petition is filed covering parts of the same territory the department may consolidate all or any of such petitions.
HISTORY: 1962 Code Section 63-83; 1952 Code Section 63-83; 1942 Code Section 5806-105; 1937 (40) 242; 1965 (54) 106; 1970 (56) 2331; 1972 (57) 2271; 1993 Act No. 181, Section 1188.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 9 - Soil And Water Conservation Districts Law › Section 48-9-540. Hearing on petition.

Within thirty days after such a petition has been filed with the department it shall cause due notice to be given of a proposed hearing upon the question of the desirability and necessity, in the interest of the public health, safety and welfare, of the creation of such district, upon the question of the appropriate boundaries to be assigned to such district, upon the propriety of the petition and other proceedings taken under this chapter and upon all questions relevant to such inquiries. All owners and occupiers of land within the limits of the territory described in the petition and of the lands within the limits of the territory considered for addition to such described territory and all other interested parties shall have the right to attend such hearings and to be heard. If it shall appear upon the hearing that it may be desirable to include within the proposed district territory outside of the area within which due notice of the hearing has been given, the hearing shall be adjourned and due notice of a further shall be given throughout the entire area considered for inclusion in the district and such further hearing held.
HISTORY: 1962 Code Section 63-84; 1952 Code Section 63-84; 1942 Code Section 5806-105; 1937 (40) 242; 1965 (54) 106; 1970 (56) 2331; 1972 (57) 2271; 1993 Act No. 181, Section 1188.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 9 - Soil And Water Conservation Districts Law › Section 48-9-550. Determination against establishment; filing of subsequent petition.

If the department shall determine after such hearing, after due consideration of the facts presented at such hearing and such other relevant facts and information as may be available, that there is no need for a soil and water conservation district to function in the territory considered at the hearing, it shall make and record such determination and shall deny the petition. After six months shall have expired from the date of the denial of any such petition, subsequent petitions covering the same or substantially the same territory may be filed as provided in Section 48-9-510 and new hearings held and determinations made thereon.
HISTORY: 1962 Code Section 63-85; 1952 Code Section 63-85; 1942 Code Section 5806-105; 1937 (40) 242; 1965 (54) 106; 1970 (56) 2331; 1993 Act No. 181, Section 1188.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 9 - Soil And Water Conservation Districts Law › Section 48-9-560. Determination of need for district; boundaries.

After such hearing, if the department shall determine, upon the facts presented at such hearing and upon such other relevant facts and information as may be available, that there is need, in the interest of the public health, safety and welfare, for a soil and water conservation district to function in the territory considered at the hearing, it shall make and record such determination and shall define, by metes and bounds or by legal subdivisions, the boundaries of such district. In making such determination and in defining such boundaries the department shall give due weight and consideration to the topography of the area considered and of the State, the composition of soils therein, the distribution of erosion, the prevailing land-use practices, the desirability and necessity of including within the boundaries the particular lands under consideration and the benefits such lands may receive from being included within such boundaries, the relation of the proposed area to existing watersheds and agricultural regions and to other soil and water conservation districts already organized or proposed for organization under the provisions of this chapter and such other physical, geographical and economic factors as are relevant, having due regard to the legislative determinations set forth in Section 48-9-20. The territory to be included within such boundaries need not be contiguous.
HISTORY: 1962 Code Section 63-86; 1952 Code Section 63-86; 1942 Code Section 5806-105; 1937 (40) 242; 1965 (54) 106; 1970 (56) 2331; 1993 Act No. 181, Section 1188.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 9 - Soil And Water Conservation Districts Law › Section 48-9-570. Boundaries to not include portions of other districts.

The boundaries of any such district shall include the territory as determined by the department as provided in Section 48-9-560, but in no event shall they include any area included within the boundaries of another soil and water conservation district organized under the provisions of this chapter.
HISTORY: 1962 Code Section 63-87; 1952 Code Section 63-87; 1942 Code Section 5806-105; 1937 (40) 242; 1965 (54) 106; 1970 (56) 2331; 1972 (57) 2271; 1993 Act No. 181, Section 1188.