reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 29 - South Carolina Scenic Rivers Act › Section 49-29-90. Formal action by department required for designation; notice of proposed designation; approval of designation by General Assembly.

No river or river segment may be eligible as a state scenic river and accorded the protection of this chapter, except upon formal action by the department. Following action by the department declaring a river or river segment eligible as a state scenic river, the department shall publish a notice of the eligibility in the State Register and provide written notice to the Department of Administration, the Department of Revenue, and the affected units of local government. Notice of eligibility also must be published in a newspaper of general circulation in the State to apprise interested parties of the opportunities under Section 49-29-100. The notice must describe the boundaries of the river or river segment. Following notice of eligibility, the department shall submit the same to the General Assembly for review. No river or river segment may be designated a state scenic river until the General Assembly has duly enacted legislation ratifying such designation.
HISTORY: 1989 Act No. 96, Section 1; 1993 Act No. 181, Section 1256.
Code Commissioner's Note
At the direction of the Code Commissioner, references in this section to the offices of the former State Budget and Control Board, Office of the Governor, or other agencies, were changed to reflect the transfer of them to the Department of Administration or other entities, pursuant to the directive of the South Carolina Restructuring Act, 2014 Act No. 121, Section 5(D)(1), effective July 1, 2015.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 29 - South Carolina Scenic Rivers Act › Section 49-29-110. Scenic Rivers Trust Fund.

There is created the Scenic Rivers Trust Fund which must be kept separate from other funds of the State. The fund must be administered by the department for the purpose of acquiring fee simple or lesser interest in land adjacent to scenic rivers and river segments, legal fees, appraisals, surveys, or other costs involved in the acquisition of those interests. The fund also may be utilized for educational or planning projects associated with the administration and management of the State Scenic Rivers Program.
Unexpended balances, including interest derived from the fund, must be carried forward each year and used for the purposes provided in this chapter.
No fund money may be expended to acquire an interest in land by eminent domain nor may the funds be expended to acquire interest in land without a recommendation from the board and the approval of the State Fiscal Accountability Authority or Department of Administration, as applicable.
The board shall report by letter to the presiding officers of the General Assembly and chairmen of the House and Senate Agriculture and Natural Resources Committees each year all funds expended pursuant to this chapter for the previous year, including the amount of funds expended and the uses to which the expenditures were applied.
The fund is eligible to receive appropriations of state general funds, federal funds, donations, gifts, bond issue receipts, securities, and other monetary instruments of value. A reimbursement for monies expended from this fund must be deposited in this fund. A fund received through sale, exchange, or otherwise of land acquired under this chapter accrues to the fund.
HISTORY: 1989 Act No. 96, Section 1; 1993 Act No. 181, Section 1256; 1998 Act No. 286, Section 1.
Code Commissioner's Note
At the direction of the Code Commissioner, references in this section to the offices of the former State Budget and Control Board, Office of the Governor, or other agencies, were changed to reflect the transfer of them to the Department of Administration or other entities, pursuant to the directive of the South Carolina Restructuring Act, 2014 Act No. 121, Section 5(D)(1), effective July 1, 2015.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 29 - South Carolina Scenic Rivers Act › Section 49-29-120. Acquisition of land by eminent domain prohibited.

The lands to be placed in the Scenic Rivers Program may be obtained only from private or corporate owners voluntarily in the manner specified in Section 49-29-100. Neither the State nor an agency or department of it may obtain by eminent domain land for the Scenic Rivers Program either in fee simple or in perpetual easement.
HISTORY: 1989 Act No. 96, Section 1; 1993 Act No. 181, Section 1256.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 29 - South Carolina Scenic Rivers Act › Section 49-29-130. Title of donated land reverts back to donor.

Whenever land or a portion of it donated pursuant to this chapter ceases to be used for the purpose for which it was donated, the title to the land reverts to the donor.
HISTORY: 1989 Act No. 96, Section 1; 1993 Act No. 181, Section 1256.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 29 - South Carolina Scenic Rivers Act › Section 49-29-140. Applicable policies for managing scenic rivers.

Management of scenic river areas may differ in degree within a given class of rivers based on the special attributes of the river but must adhere to the following management policies:
(1) Natural rivers must be managed in a manner which:
(a) would best maintain and enhance those conditions which are attributed to wilderness type areas;
(b) would allow camping and river access only at designated public access areas; and
(c) would allow certain public uses only within prescribed public access areas.
(2) Scenic rivers must be managed in a manner which best maintains and enhances the scenic values of the river and the adjacent land while at the same time preserving the right of riparian landowners to use the river for customary agricultural, silvicultural, or other similar purposes.
(3) Recreational rivers must be managed in a manner which would best maintain and enhance the scenic values of the river while at the same time preserving the right of riparian landowners to use the river for customary agricultural, silvicultural, residential, recreational, commercial, and industrial purposes.
To the extent practicable and consistent with the objectives of this chapter to preserve and maintain scenic rivers, public access and use must be open in all classes of scenic rivers. The level and nature of public use must not interfere with the rights retained by the titleholders or detract from the natural scenic qualities of the land, but the State may purchase lands or accept donations of easements, in accordance with Section 49-29-100, which restricts public access and use when necessary to implement this chapter.
HISTORY: 1989 Act No. 96, Section 1; 1993 Act No. 181, Section 1256.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 29 - South Carolina Scenic Rivers Act › Section 49-29-150. Application of provisions regarding restrictive use or zoning of lands.

The provisions of this chapter regarding restrictive use or zoning of lands apply only to those lands which have been accepted into the State Scenic Rivers Program by donation, perpetual easement, or purchase.
HISTORY: 1989 Act No. 96, Section 1; 1993 Act No. 181, Section 1256.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 29 - South Carolina Scenic Rivers Act › Section 49-29-160. Comprehensive water and related land use plans.

The department shall formulate comprehensive water and related land use plans for the three classes of scenic rivers. Each plan must address access of electricity, natural gas, and communication lines or other facilities for permitted uses for each class of river facilities. Each plan must also address criteria for permitting the crossing of each class of scenic river by sellers of electric energy, natural gas, or communication services. In developing these criteria, the department must consider the state of available technology, the economics of the various alternatives, and that electric, natural gas, and communication suppliers are required to deliver their services. The department must recognize that emergency situations will arise that require immediate action and must make provision in the management plan to allow this action.
In the comprehensive plan for the river classes, the following general land and water use practices are permitted or prohibited depending on the class:
(1) In natural river areas, no new roads or buildings may be constructed and there may be no mining and no commercial timber harvesting.
(2) In scenic and recreational river areas, the continuation of present agricultural practices such as grazing and the propagation of crops, including timber, is permitted. The construction of farm-use buildings is permitted if it is found to be compatible with the maintenance of scenic qualities of the stream and its banks. There may be no construction of roads paralleling the river within the limits of a scenic easement or public access area. The harvesting of timber is permitted provided the landowner follows the best management practices for forested wetlands as approved by the South Carolina Forestry Commission. Mining activities are permitted pursuant to a mining permit issued under the provisions of Chapter 19 of the "South Carolina Mining Act". Construction for public access related to recreational use of these scenic river areas is allowed in accordance with Section 49-29-140.
HISTORY: 1989 Act No. 96, Section 1; 1993 Act No. 181, Section 1256.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 29 - South Carolina Scenic Rivers Act › Section 49-29-170. Access on, over, or under designated rivers by sellers of electric energy, natural gas, or communication services; certificate of consistency.

Sellers of electric energy, natural gas, or communication services may cross on, over, or under lands designated as part of the Scenic River System provided that the department certifies that such crossing is consistent with the management plan for those lands. A certificate of consistency shall be issued by the department upon a finding:
(1) that the crossing is necessary to provide electric, natural gas, or communication service; and either
(a) that the crossing is consistent with the management plan; or
(b) that the extent of deviation from the management plan for the construction, operation, and maintenance of the facility across the scenic river is justified, considering the state of available technology and the nature and economics of the various alternatives, and that the entity responsible for the encroachment will make reasonable mitigation for the impacts caused by the construction, operation, and maintenance of the facility. The department shall issue a certification of consistency or nonconsistency within thirty days from the receipt of an application. A time extension may be granted upon a mutual agreement of both parties. Certification does not preclude the necessity to obtain other required state and federal authorizations. All administrative proceedings are subject to Article I, Chapter 23 of Title 1 (the Administrative Procedures Act), as amended.
HISTORY: 1989 Act No. 96, Section 1; 1993 Act No. 181, Section 1256.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 29 - South Carolina Scenic Rivers Act › Section 49-29-180. Administration of chapter; regulations; restrictions on management of scenic rivers.

The department shall administer the provisions of this chapter. The department may promulgate regulations to carry out the provisions of this chapter. In addition to general regulations, the department may promulgate further regulations based on the individual attributes of each designated scenic river area if regulations do not defeat, conflict with, or minimize the provisions of the general regulations for each class of scenic river. No scenic river may be managed in a manner that would result in the river corridor falling into a less restrictive class. Nothing in this chapter or its implementation may restrict reasonable utilization of the rivers in the program for fishing from the banks of the rivers or river segments.
HISTORY: 1989 Act No. 96, Section 1; 1993 Act No. 181, Section 1256.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 29 - South Carolina Scenic Rivers Act › Section 49-29-190. Agreements for mutual management of scenic rivers; certain agencies to assist department

The department may enter into agreements with local, state, and federal agencies, and private landowners, for the mutual management of a scenic river. An agency which has administrative jurisdiction over lands or interests in land along a state scenic river must assist the department to implement the policies and practices of this chapter.
HISTORY: 1989 Act No. 96, Section 1; 1993 Act No. 181, Section 1256.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 29 - South Carolina Scenic Rivers Act › Section 49-29-200. Enforcement of provisions of chapter.

The Natural Resources Enforcement Division of the Department of Natural Resources and the State Forestry Commission, as well as local sheriffs, constables, and special officers, shall cooperate in the inspection and enforcement of the provisions of this chapter.
HISTORY: 1989 Act No. 96, Section 1; 1993 Act No. 181, Section 1256.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 29 - South Carolina Scenic Rivers Act › Section 49-29-210. Penalties for violations of chapter.

A person who violates a provision of this chapter, the regulations promulgated by the management agency under it, or the conditions of the perpetual easements granted to the State under this chapter is guilty of a misdemeanor and may be compelled to comply with or obey the provisions of this chapter by injunction or other appropriate remedy and, upon conviction, must be punished by a fine of not more than five hundred dollars or imprisonment for not more than thirty days for each day of a violation. The provisions of this section do not preclude any applicable action by the Department of Revenue to remove or recover property or income tax due it under Section 49-29-100.
HISTORY: 1989 Act No. 96, Section 1; 1993 Act No. 181, Section 1255; 1993 Act No. 181, Section 1256.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 29 - South Carolina Scenic Rivers Act › Section 49-29-220. Camping activities encouraged at scenic rivers.

To the extent practicable and consistent with the objectives of this chapter to preserve and maintain scenic rivers, camping activities are encouraged to be included in the comprehensive management plans of all classes of scenic rivers when that activity does not interfere with the rights retained by the titleholders or detract from the natural scenic qualities of the land.
HISTORY: 1990 Act No. 385, Section 2; 1993 Act No. 181, Section 1256.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 29 - South Carolina Scenic Rivers Act › Section 49-29-230. Portions of Little Pee Dee, Broad, Saluda, Lynches, Ashley, Black, Great Pee Dee, and Catawba Rivers designated scenic rivers.

The following are designated as scenic rivers:
(1) that portion of the Little Pee Dee River located between the Highway 378 bridge crossing of the Little Pee Dee River and the confluence of the river with the Great Pee Dee River;
(2) that portion of the Broad River located between the 99 Islands Dam and the confluence with the Pacolet River;
(3) that portion of the Saluda River located between the old railroad abutments located three thousand feet below the Saluda Hydroelectric Plant and the confluence with the Broad River;
(4) that portion of the Lynches River located between U.S. 15 near Bishopville and the eastern boundary of Lynches River State Park as defined on May 19, 1993, and that portion located between the eastern boundary of the Lynches River County Park and the confluence with the Great Pee Dee River.
(5) that portion of the Ashley River located between the Highway 17A bridge crossing of the Ashley River and downstream to the Highway 526 bridge crossing of the Ashley River.
(6) that portion of the Black River located between the Clarendon County Road No. 40 bridge crossing of the Black River and downstream to the Pea House Landing at the end of Georgetown County Road No. 38.
(7) that portion of the Great Pee Dee River located between the U. S. Highway 378 bridge crossing of the Great Pee Dee River and downstream to the U. S. Highway 17 bridge crossing the Great Pee Dee River.
(8) that portion of the Little Pee Dee River located in Dillon County between the Marlboro County Line and the Marion County line;
(9) that portion of the Catawba River located between the Lake Wylie Dam and the South Carolina Highway 9 bridge crossing of the Catawba River;
HISTORY: 1990 Act No. 385, Section 1; Repealed by 1991 Act No. 128, Section 2, eff May 31, 1991; 1991 Act No. 928, Section 1; 1993 Act No. 181, Section 1256; 1994 Act No. 318, Section 1; 1998 Act No. 408, Section 1; 1999 Act No. 20, Section 1; 2001 Act No. 51, Section 1; 2002 Act No. 222, Section 1; 2005 Act No. 51, Section 1; 2008 Act No. 302, Section 1, eff June 11, 2008; 2008 Act No. 315, Section 1, eff June 11, 2008.
Effect of Amendment
The first 2008 amendment added item (9) relating to the Catawba River.
The second 2008 amendment, in item (4), expanded the portion of the Lynches River designated as a scenic river to include that portion located between the eastern boundary of the Lynches River County Park and the confluence with the Great Pee Dee River.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 30 - Public Waters Nuisance Abatement Act › Section 49-30-10. Citation of act.

This chapter may be referred to and cited as the "Public Waters Nuisance Abatement Act".
HISTORY: 2007 Act No. 33, Section 1, eff upon approval (became law without the Governor's signature on May 24, 2007).
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 30 - Public Waters Nuisance Abatement Act › Section 49-30-20. Legislative intent.

The General Assembly finds and declares that structures located upon the public waters of the State which are used as places of temporary or permanent habitation, dwelling, sojournment, or residence interfere with the state's proprietary interest or the public trust, or both, and must be removed to ensure the rights of the State and the people of South Carolina to use and enjoy the public waters of the State. It is declared to be the policy of this State and the intent of this chapter to protect the public waters of the State by authorizing the removal of nuisance structures from the public waters of the State in accordance with the procedures and within the timetable set forth in this chapter.
HISTORY: 2007 Act No. 33, Section 1, eff upon approval (became law without the Governor's signature on May 24, 2007).
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 30 - Public Waters Nuisance Abatement Act › Section 49-30-30. Definitions.

As used in this chapter, the term:
(1) "Department" means the South Carolina Department of Natural Resources.
(2) "FERC licensee" means an entity that possesses a Federal Energy Regulatory Commission's (FERC) license to operate a licensed lake.
(3) "Fund" means the Public Waters Nuisance Abatement Fund.
(4) "Licensed lake" means a public water of the State consisting of an impoundment and its associated hydropower facility that is licensed by the Federal Energy Regulatory Commission (FERC).
(5) "Navigation" means the ability of a registered or documented self-propelled watercraft equipped with motor and rudder controls located at a point on the watercraft from which there is forward visibility over at least a one hundred eighty degree range to navigate to a department approved marine pump-out station. This definition is in addition to and not exclusive of any other departmental standards for navigation.
(6) "Removal" means to completely extricate the entire structure from the public waters of this State.
(7) "Structure" means a structure located upon any public waters of this State, whether the structure is floating upon the waters and is made fast by the use of lines, cables, anchors, or pilings, or a combination of these, or is built upon pilings embedded in the beds of the public waters of the State when the structure is being used, has been used, or is capable of being used as a place of habitation, dwelling, sojournment, or residence for any length of time; is not being used or is not capable of being used primarily as a means of transportation upon these public waters; and is not owned, occupied, or possessed pursuant to a permit issued by the department. This definition includes, but is not limited to, watercraft not being used in navigation; provided, however, that this definition does not include registered or documented watercraft that are capable of navigation and are legally anchored or legally moored to a dock or marina. Also specifically excluded from this definition are fishing camps, bait shops, restaurants, or other commercial establishments, marinas, or docks permitted under applicable South Carolina or federal law, which do not discharge sewage into the public waters of the State and are operated in conformance with the zoning ordinances, if any, of the municipality or county in which they are located.
(8) "Unpermitted structure" means a structure whose owner did not obtain a permit pursuant to this chapter or a structure remaining after the expiration or revocation of its permit.
(9) "Waters of the State" has the same meaning as in Section 50-21-10.
HISTORY: 2007 Act No. 33, Section 1, eff upon approval (became law without the Governor's signature on May 24, 2007).
Code Commissioner's Note
At the direction of the Code Commissioner, the reference to Section 50-21-10(28) in item (9) was changed to Section 50-21-10.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 30 - Public Waters Nuisance Abatement Act › Section 49-30-40. Public Waters Nuisance Abatement Fund.

The Public Waters Nuisance Abatement Fund is created solely to pay for costs incurred by the State associated with removing unpermitted structures pursuant to this chapter. The fund may receive appropriations from the general fund, federal funds, donations, gifts, the proceeds of permit fees, and other monetary instruments of value. The proceeds contained in the fund may be carried forward from year to year and do not revert to the general fund of the State. The department must maintain and administer the fund. Proceeds from the fund may not be used to pay for costs associated with the removal of an unpermitted structure from licensed lakes.
HISTORY: 2007 Act No. 33, Section 1, eff upon approval (became law without the Governor's signature on May 24, 2007).
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 30 - Public Waters Nuisance Abatement Act › Section 49-30-50. Permit to maintain existing structure.

An owner of a structure existing on March 21, 2007, may apply for a permit from the department authorizing the owner to maintain his structure in its permitted location for five years. A permit may not be renewed, extended, or transferred.
HISTORY: 2007 Act No. 33, Section 1, eff upon approval (became law without the Governor's signature on May 24, 2007).
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 30 - Public Waters Nuisance Abatement Act › Section 49-30-60. Permit application; fee; conditions; time for filing; grounds for revocation.

(A) For the privilege of maintaining a structure in its current location, the owner of the structure must obtain a permit for a fee of fifty dollars. The permit fee must be credited to the fund.
(B) To be issued a permit pursuant to this section an owner must:
(1) make a written request for a permit from the department containing:
(a) a sworn statement from all of the owners of the structure acknowledging ownership;
(b) the names and addresses of all owners;
(c) a detailed description of the structure;
(d) the structure's location. To identify the structure's location, the owner must use latitude and longitude or mark it on a United States Geological Survey topographic map; and
(2) establish to the satisfaction of the department that the structure does not present a hazard to navigation nor encroach upon private property or a wildlife management area.
(C) Upon the verification of the information contained in the written request and the department's satisfaction that the structure does not present a hazard to navigation nor encroach upon private property or a wildlife management area, the department shall issue a permit to the owner that must be prominently displayed on or about the structure. The permit must be conditioned expressly upon the owner being responsible for removal and all costs associated with removal. The department may not issue permits to applications postmarked or received later than ninety days after the effective date of this chapter.
(D) A permit may be revoked by the department if the:
(1) structure is moved from its permitted location for use in another location;
(2) owner fails to abide by any conditions upon which the permit was issued;
(3) structure becomes a hazard to navigation or encroaches on private property or a wildlife management area;
(4) structure is abandoned or becomes unusable; or
(5) owner transfers or attempts to transfer his permit, title, or any interest in the structure to another person.
HISTORY: 2007 Act No. 33, Section 1, eff upon approval (became law without the Governor's signature on May 24, 2007).
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 30 - Public Waters Nuisance Abatement Act › Section 49-30-70. Identification and removal of unpermitted structures; notice of proceeding.

(A) An unpermitted structure is declared to be a public nuisance and shall be enjoined and abated as provided in this chapter. FERC licensees must survey their licensed lakes and the department must survey all other navigable waters of this State to determine the location of any unpermitted structures. A report promptly must be made to the Attorney General providing notice that an unpermitted structure exists and a reasonable description of where the unpermitted structure is located.
(B) Upon receiving notice of the existence of an unpermitted structure, the Attorney General may maintain an action to enjoin the use of the unpermitted structure and seek an order from the court that the unpermitted structure be removed. If the Attorney General does not commence an action within ninety days after receiving notice pursuant to this chapter, a citizen of this State may bring an action to enjoin the unpermitted structure's use and seek an order from the court requiring its removal. The prevailing party may recover the cost of the action, including attorney's fees. All costs associated with removing unpermitted structures must be borne by the owner.
(C) No proceeding against the owner of an unpermitted structure shall be commenced unless ten days' written notice is given by the party instituting the action to the owner or his agent. If the party bringing the action cannot determine who owns the unpermitted structure, he may give notice of his intention to bring an action by forwarding a notice of his intention to a newspaper of general circulation in the county where the unpermitted structure is located with a request that it be published at least once a week for four consecutive weeks and by posting notice in at least three public places within the county where the unpermitted structure is located during the same four-week period. A notice by publication must describe the unpermitted structure, its location, and the intention of the party maintaining the action to enjoin the use of the unpermitted structure and obtain a court order to have it removed.
HISTORY: 2007 Act No. 33, Section 1, eff upon approval (became law without the Governor's signature on May 24, 2007).
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 30 - Public Waters Nuisance Abatement Act › Section 49-30-80. Removal of unpermitted structures; FERC licensees; recovery of costs.

(A) The department must contract to remove unpermitted structures pursuant to a court order and to the extent that the fund contains sufficient funds to cover the cost of removal.
(B) FERC licensees are authorized to remove unpermitted structures located on licensed lakes pursuant to a court order.
(1) A FERC licensee may recover from the owner of an unpermitted structure all costs associated with its removal. The department must provide the FERC licensee with any information in the department's possession that may be used to identify and locate an owner from whom the FERC permittee is seeking to recover its costs.
(2) The provisions of this subsection do not create a new duty of care for FERC licensees.
HISTORY: 2007 Act No. 33, Section 1, eff upon approval (became law without the Governor's signature on May 24, 2007).
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 30 - Public Waters Nuisance Abatement Act › Section 49-30-90. Magistrate court jurisdiction; offenses and penalties.

(A) Notwithstanding Chapter 3, Title 22, magistrates court shall have jurisdiction over actions arising under this section.
(B) A permit holder that fails to remove his structure at the expiration of his permit, who violates a condition upon which the permit was granted, or abandons the structure is guilty of a misdemeanor and, upon conviction, must be fined up to five thousand dollars or imprisoned for up to thirty days, or both. The court also must require the permit holder to pay for all costs associated with the removal of the structure.
(C) Construction, placement, operation, occupation, or use of an unpermitted structure in, on, or about the waters of this State or on a licensed lake is a misdemeanor and, upon conviction, the offender must be fined up to five thousand dollars or imprisoned for up to thirty days, or both. The court also must require the offender to pay for all costs associated with the removal of the unpermitted structure.
HISTORY: 2007 Act No. 33, Section 1, eff upon approval (became law without the Governor's signature on May 24, 2007).
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 33 - Lake Paul A. Wallace Authority › Section 49-33-10. Definitions.

As used in this chapter, unless the context otherwise requires:
(1) "Authority" means the Lake Paul A. Wallace Authority, a body corporate and politic created to receive, manage, maintain, and operate the property known as Lake Paul A. Wallace located in Marlboro County.
(2) "Department" means the Department of Natural Resources.
(3) "Lake" means Lake Paul A. Wallace.
HISTORY: 2012 Act No. 229, Section 1, eff July 1, 2012.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 33 - Lake Paul A. Wallace Authority › Section 49-33-20. Creation of Lake Paul A. Wallace Authority; functions.

(A) There is hereby created a body corporate and politic to be known as the "Lake Paul A. Wallace Authority".
(B) The function of the authority is to:
(1) be the body politic and corporate to manage, maintain, and operate the Lake Paul A. Wallace;
(2) ensure that the primary purpose of the lake is for public fishing and recreation in compliance with the federal law under which the lake was established; and
(3) provide that the wildlife habitat remain a protected area as long as this function does not contravene with the provisions contained in item (1) of this subsection.
HISTORY: 2012 Act No. 229, Section 1, eff July 1, 2012.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 33 - Lake Paul A. Wallace Authority › Section 49-33-30. Membership of authority.

(A) The authority shall be composed of seven members appointed by the Marlboro County Legislative Delegation, as follows:
(1) two members nominated by the city council of Bennettsville;
(2) two members nominated by the county council of Marlboro County; and
(3) three members at large who reside near or have a demonstrable history of recreational use of Lake Paul A. Wallace.
(B) The members shall serve for terms of four years, except that of the members first appointed, one nominated by city council, one nominated by county council, and one at-large member will serve for terms of two years for their initial appointment.
(C) One of the at-large members must be designated by the Marlboro County Legislative Delegation to serve as the chairman of the authority.
(D) A vacancy must be filled in the same manner as the appointment for the vacant position is made, and the successor appointed to fill the vacancy shall hold office for the remainder of the unexpired term.
(E) The following shall serve ex officio as a nonvoting member: the Director of the Department of Natural Resources or his designee.
HISTORY: 2012 Act No. 229, Section 1, eff July 1, 2012.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 33 - Lake Paul A. Wallace Authority › Section 49-33-40. Per diem and mileage.

(A) The members of the authority, at the discretion of the city, county, or authority may receive such per diem and mileage as is provided by law for members of boards, commissions, and committees.
(B) The city council of Bennettsville, the county council of Marlboro, and the authority may provide the per diem, mileage, and staff for the authority.
HISTORY: 2012 Act No. 229, Section 1, eff July 1, 2012.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 33 - Lake Paul A. Wallace Authority › Section 49-33-50. Convening the authority.

The authority shall convene upon the call of the chairman and organize by electing a vice chairman, a secretary, and a treasurer, whose terms of office shall be for such period as the authority shall determine in its bylaws.
HISTORY: 2012 Act No. 229, Section 1, eff July 1, 2012.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 33 - Lake Paul A. Wallace Authority › Section 49-33-60. Filing of certificates.

The secretary of the authority shall file in the offices of the clerk of court for Marlboro County and the Secretary of State appropriate certificates, showing the personnel of the authority and the duration of the terms of the respective members.
HISTORY: 2012 Act No. 229, Section 1, eff July 1, 2012.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 33 - Lake Paul A. Wallace Authority › Section 49-33-70. Powers of authority.

The authority has the following powers to:
(1) have perpetual succession;
(2) sue and be sued;
(3) adopt, use, and alter a corporate seal;
(4) define a quorum for its meetings;
(5) maintain a principal office, which shall be located in Bennettsville;
(6) make bylaws for the management and regulation of its affairs;
(7) acquire, hold, and manage real estate;
(8) make contracts of all sorts and to execute all instruments necessary or convenient for the carrying on of the business of the authority; and
(9) do all other acts and things necessary or convenient to carry out any function or power committed or granted to the authority.
HISTORY: 2012 Act No. 229, Section 1, eff July 1, 2012.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 33 - Lake Paul A. Wallace Authority › Section 49-33-80. Authority empowered to receive and spend funds.

The authority is empowered to receive and spend any funding available through (1) the department, (2) the municipal, county, state, or federal government, or (3) any other source in order to finance the management, maintenance, and operation of the lake that is in compliance with federal and state law.
HISTORY: 2012 Act No. 229, Section 1, eff July 1, 2012.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 1 - General Provisions › Section 50-1-5. Definitions.

For the purposes of this title unless the context clearly indicates otherwise:
(1) "Board" means the governing body of the department.
(2) "Department" means the South Carolina Department of Natural Resources.
(3) "Director" means the administrative head of the department, appointed by the board.
(4) "Enforcement officer" means an enforcement officer of the Natural Resources Enforcement Division of the department.
(5) The following terms define wildlife, fish, and plant species under the jurisdiction of the department or its successor agency:
(a) "Established" or "naturalized" means a nonindigenous organism with one or more reproducing wild populations.
(b) "Exotic" means an organism or species indigenous to a foreign ecosystem.
(c) "Indigenous" or "native" means an organism or species found naturally in this State prior to the arrival of the first European settlers.
(d) "Introduced" means an organism or species moved by human action to an area or ecosystem where it was not found historically.
(e) "Invasive" means nonindigenous organisms or species that establish in a new area or ecosystem, extend their geographic range and usually include native ecological or economic impacts.
(f) "Locally established" means a nonindigenous species with one or more naturally reproducing populations in an area or ecosystem but with very restricted distribution and no evidence of range expansion.
(g) "Nonindigenous", "alien", "exotic", "foreign", "transplanted", "nonnative", or "introduced" means an organism or species found in an area or ecosystem outside its historic or native geographic range.
(h) "Transplant" or "translocated" means an organism or species moved by human action, deliberately or accidentally from its indigenous ecosystem to an area outside of its native range.
(i) "Wild" means an organism or species living in the environment not cultivated or domesticated.
HISTORY: 1993 Act No. 181, Section 1257; 2010 Act No. 200, Section 1, eff May 28, 2010.
Effect of Amendment
The 2010 amendment added subsection (5) relating to terms that define wildlife, fish, and plant species.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 1 - General Provisions › Section 50-1-10. Wild birds, wild game, and fish are property of State.

All wild birds, wild game, and fish, except fish in strictly private ponds and lakes and lakes entirely segregated from other waters or held and grown in bonafide aquaculture operations are the property of the State.
HISTORY: 1962 Code Section 28-3; 1952 Code Section 28-3; 1942 Code Section 1750; 1932 Code Section 1750; Cr. C. '22 Section 732; 1919 (31) 269; 1952 (47) 2179; 1989 Act No. 121, Section 3; 1993 Act No. 181, Section 1257.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 1 - General Provisions › Section 50-1-20. "Hunters" and "hunting" defined.

The word "hunters" in the game laws of this State providing punishment shall not be construed so as to include persons who, without guns, assist others with dogs and horses or in the finding or retrieving of birds nor shall any such activity be deemed to constitute "hunting" within the meaning of such laws.
HISTORY: 1962 Code Section 28-1; 1952 Code Section 28-1; 1942 Code Section 1780-1; 1939 (41) 119; 1993 Act No. 181, Section 1257.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 1 - General Provisions › Section 50-1-40. Stocked or released exotic game birds.

All species of the pheasants and the francolins that have been stocked or may be released by the department are hereby classified as game birds in this State, along with any other game bird species that the department may select for release in this State; provided, that any such species that may not adapt itself to environmental conditions in this State after extensive trial may be removed from the game bird list.
HISTORY: 1962 Code Section 28-4.1; 1961 (52) 475; 1972 (57) 2431; 1993 Act No. 181, Section 1257.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 1 - General Provisions › Section 50-1-60. Division of State into game zones.

For the purpose of protection and management of wildlife, the State is divided into four zones:
(1) Game Zone 1 consists of all properties north of the main line of the Norfolk Southern Railroad from the Georgia state line to South Carolina Highway 183 in Westminster, then north of South Carolina Highway 183 to intersection of South Carolina Highway 183 and the Norfolk Southern Railroad main line in Greenville and then north of the main line of the Norfolk Southern Railroad to the Spartanburg County line.
(2) Game Zone 2 consists of the counties of Abbeville, Anderson, Chester, Cherokee, Edgefield, Fairfield, Greenwood, Lancaster, Laurens, McCormick, Newberry, Saluda, Spartanburg, Union, York; and those portions of the counties of Greenville, Oconee, and Pickens south of the main line of the Norfolk Southern Railroad from the Georgia state line to South Carolina Highway 183 in Westminster, then south of South Carolina Highway 183 to the intersection of South Carolina Highway 183 and the Norfolk Southern Railroad main line in Greenville and then south of the main line of the Norfolk Southern Railroad to the Spartanburg County line.
(3) Game Zone 3 consists of the counties of Aiken, Allendale, Bamberg, Barnwell, Beaufort, Berkeley, Calhoun, Charleston, Colleton, Dorchester, Hampton, Jasper, Lexington, Orangeburg, and Richland.
(4) Game Zone 4 consists of the counties of Chesterfield, Clarendon, Darlington, Dillon, Florence, Georgetown, Horry, Kershaw, Lee, Marion, Marlboro, Sumter, and Williamsburg.
HISTORY: 1962 Code Section 28-5; 1952 Code Section 28-5; 1942 Code Section 1756; 1937 (40) 286; 1938 (40) 1743; 1939 (41) 469; 1951 (47) 226; 1952 (47) 2179; 1953 (48) 139, 326; 1954 (48) 1429, 1450; 1961 (52) 224; 1967 (55) 159; 1970 (56) 2452; 1974 (58) 2198; 1976 Act No. 626 Section 1; 1982 Act No. 274, Section 1; 1993 Act No. 181, Section 1257; 1997 Act No. 33, Section 1, eff May 21, 1997; 1997 Act No. 57, Section 1; 1999 Act No. 46, Section 1; 2006 Act No. 289, Section 1; 2012 Act No. 195, Section 1, eff June 7, 2012; 2014 Act No. 227 (S.1071), Section 1, eff July 1, 2015.
Effect of Amendment
The 2012 amendment removed "Horry" from item (4) and inserted "Horry" in item (5); and made other nonsubstantive changes.
2014 Act No. 227, Section 1, in the introductory paragraph, substituted "four zones" for "six zones", and deleted former paragraphs (5) and (6), transferring the counties listed in former paragraph (5) into paragraph (4) and former paragraph (6) into paragraph (3).
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 1 - General Provisions › Section 50-1-70. Application of game laws to zones.

All laws of this State in force on April 24, 1952, affecting game shall, until changed, apply to all of the zones of the State, and all laws of the State thereafter enacted shall apply to the entire State except where otherwise specified.
HISTORY: 1962 Code Section 28-6; 1952 (47) 2179; 1993 Act No. 181, Section 1257.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 1 - General Provisions › Section 50-1-80. Peace officers to assist in enforcement of game and fish laws.

It shall be the positive duty of all sheriffs, deputy sheriffs, constables, rural policemen and special officers to actively cooperate with the department in the enforcement of the game and fish laws of the State.
HISTORY: 1962 Code Section 28-7; 1952 Code Section 28-7; 1942 Code Section 1765; 1932 Code Section 1756; Cr. C. '22 Section 739; 1919 (31) 269; 1952 (47) 2179, 2890; 1972 (57) 2431; 1993 Act No. 181, Section 1257.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 1 - General Provisions › Section 50-1-85. Use of firearms or archery tackle in criminally negligent manner; penalties; seizure of license; disposition of monetary penalties.

It is unlawful for any person to use a firearm or archery tackle while in preparation for, engaged in the act of, or returning from hunting in a criminally negligent manner. Criminal negligence is defined as the reckless disregard for the safety of others.
A person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be:
(1) in a case where no personal injury or property damage occurs, fined not more than two hundred dollars or imprisoned for not more than thirty days;
(2) in the case of property damage only, fined not more than one thousand dollars nor less than five hundred dollars or imprisoned for not more than six months, and the court must order restitution to the owner of the property;
(3) in the case of bodily injury to another, fined not less than five hundred dollars nor more than two thousand, five hundred dollars or imprisoned for not more than two years; if the bodily injury results in disfigurement, total or partial permanent disability, be imprisoned for not less than sixty days nor more than two years;
(4) in the case of death, be imprisoned for not less than three months nor more than three years.
No part of the minimum fines and penalties provided in this section may be suspended by any court in this State.
In addition to the criminal penalties provided above, the department must seize immediately the license of a person charged under this section and, upon conviction, the hunting privileges of a person convicted under item (1) or (2) above must be suspended for one year. A person convicted under item (3) of this section shall lose his privilege to hunt for three years, and a person convicted under item (4) of this section shall lose the privilege of hunting for five years.
A person convicted of hunting while his license is suspended under the provisions of this section must be fined not less than five hundred dollars nor more than two thousand, five hundred dollars or imprisoned for not more than two years and shall have his hunting privileges suspended for an additional five years.
The person may not obtain another hunting license until he has completed satisfactorily a hunter's safety program conducted by the department.
All monetary penalties shall be remitted to the South Carolina Victim Compensation Fund.
HISTORY: 1988 Act No. 556; 1993 Act No. 181, Section 1257.
Code Commissioner's Note
Pursuant to 2017 Act No. 96, Section 14, the reference to "Victim's Compensation Fund" in the last paragraph was changed to "Victim Compensation Fund".