reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 23 - Forestry Generally › Section 48-23-250. Use of revenues from land; generally.

The revenues derived from lands owned by the Commission shall be segregated by the State Treasurer for the use of the Commission in the acquisition, management, development and use of such lands until all obligations incurred have been paid in full. Fifty per cent of all net profits accruing from the administration of such lands shall be applicable for such purposes as the General Assembly may prescribe and fifty per cent shall be paid into the school fund of the county in which the lands are located.
HISTORY: 1962 Code Section 29-28; 1952 Code Section 29-28; 1942 Code Section 3284-3; 1935 (39) 150, 1214; 1941 (42) 1314.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 23 - Forestry Generally › Section 48-23-260. Sharing state forest land revenues with counties; exclusion of proceeds of land rentals.

The State Treasurer must pay to a county containing state forest lands an amount equal to twenty-five percent of the gross proceeds received by the State in each fiscal year from the sale of timber, pulpwood, poles, gravel, and other privileges on state forest lands within the county, except for the gross proceeds from land rentals. The provisions of this section are applicable to all state forest lands managed or operated by the State Commission of Forestry, whether they be owned in fee by the State or leased from the United States, but do not apply to state parks. The funds herein provided for must be spent for general school purposes. Where a particular state forest lies in more than one county or school district, the funds derived from the state forest and to be paid by the State Treasurer must be apportioned on the basis of land acreage involved. All funds distributed under the provisions of this section must be spent upon the approval of a majority of the county legislative delegation.
HISTORY: 1962 Code Section 29-29; 1957 (50) 277; 1958 (50) 1546; 2019 Act No. 59 (H.3383), Section 1, eff July 1, 2019.
Effect of Amendment
2019 Act No. 59, Section 1, rewrote the section, excluding the gross proceeds from land rentals from the proceeds to be shared with the counties.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 23 - Forestry Generally › Section 48-23-280. Use of revenue for scrub oak eradication and reforestation in Manchester and Sandhills State Forests.

The Commission may expend annually an amount not to exceed the total receipts derived annually from the State forests under the administration of the Commission in order to commence a program not exceeding seven years to carry out scrub oak eradication operations on the Manchester and Sandhills State Forests and for the reforestation of such treated areas at a minimum rate of four thousand acres annually. The Commission may enter into contracts with such persons as may be necessary in order to carry out the provisions of this section. The program authorized in this section shall commence as soon as is practicable after May 24, 1960. No expenditures or contracts authorized by this section shall be made without the approval of the State Fiscal Accountability Authority. The provisions of this section shall in no way affect the provisions of Section 48-23-260.
HISTORY: 1962 Code Section 29-30; 1960 (51) 2080.
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 48 - Environmental Protection and Conservation › Chapter 23 - Forestry Generally › Section 48-23-290. Use of income from Sandhills State Forest and Carolina Sandhills National Wildlife Refuge.

The State Commission of Forestry may use the income from the Sand Hills State Forest, with the approval of the State Department of Administration, for the operation, development, and obligations of the forest and other purposes. Income not expended in one year must be retained by the commission and carried forward each year for use pursuant to this section. The commission shall promulgate regulations necessary to carry out this section.
HISTORY: 1962 Code Section 29-30.1; 1967 (55) 279; 1991 Act No. 93, 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 48 - Environmental Protection and Conservation › Chapter 23 - Forestry Generally › Section 48-23-295. Forestry services to landowners; fees; disposition; forestry services to local governments and state agencies; reimbursement.

(A) The State Commission of Forestry may make available forestry services consisting of scientific, technical, and practical services to landowners of the State to assist them in the afforestation, reforestation, and maximum production of their woodland. These services consist of specialized equipment and operators or rental of the equipment to perform labor and services necessary to carry out approved forestry practices including mechanical and chemical site preparation, processing forest tree seed, forest tree planting, insect and disease control, prescribed burning, firebreak plowing, and other appropriate practices to assist landowners in maximum production of their woodland.
(B) For the services or rentals a reasonable fee representing the commission's estimate of not less than the cost of the services or rentals must be charged. When the State Forester considers it in the public interest the services may be provided without charge to encourage the use of approved scientific forestry practices on private or other forestlands within the State or for the purposes of providing practical demonstrations of the practices.
(C) One hundred percent of the receipts from these activities and rentals must be retained by the commission for administration and operation of the forestry services program in the units which the estimated costs determine the fees charged generating these receipts, provided, the receipts from processing forest tree seed may be used agencywide. The administration of this section is under the State Forester. The landowner shall compensate the commission according to rates established by it. The commission may carry forward unexpended funds under this subsection to be used for these purposes.
(D) The commission may cooperate and offer the same services to counties, municipalities, and state agencies and make the forestry services and rental equipment available to them. Counties, municipalities, and state agencies shall reimburse the commission according to its fee schedule.
HISTORY: 1981 Act No. 178, Part II, Section 9; 1992 Act No. 468, Section 1.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 23 - Forestry Generally › Section 48-23-300. Major facility projects may not seek rating points which discriminate against State wood products.

A major facility project as defined in Section 48-52-810(10) requesting third-party certification shall not be allowed to seek a rating point that would discriminate against wood products of this State derived from forest lands certified by the Sustainable Forestry Initiative or the American Tree Farm System.
HISTORY: 2013 Act No. 60, Section 1, eff June 7, 2013.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 25 - Forestry Districts › Section 48-25-10. Establishment of forestry districts for fire protection.

There are hereby created and established forty-six several respective forestry districts for fire protection of the forests of South Carolina. Each of the several respective forestry districts shall be composed of one of the several respective counties of the State of South Carolina, and shall be as follows and so numbered and designated, to wit:
Forestry District No. 1 Abbeville County Forestry District No. 2 Aiken County Forestry District No. 3 Allendale County Forestry District No. 4 Anderson County Forestry District No. 5 Bamberg County Forestry District No. 6 Barnwell County Forestry District No. 7 Beaufort County Forestry District No. 8 Berkeley County Forestry District No. 9 Calhoun County Forestry District No. 10 Charleston County Forestry District No. 11 Cherokee County Forestry District No. 12 Chester County Forestry District No. 13 Chesterfield County Forestry District No. 14 Clarendon County Forestry District No. 15 Colleton County Forestry District No. 16 Darlington County Forestry District No. 17 Dillon County Forestry District No. 18 Dorchester County Forestry District No. 19 Edgefield County Forestry District No. 20 Fairfield County Forestry District No. 21 Florence County Forestry District No. 22 Georgetown County Forestry District No. 23 Greenville County Forestry District No. 24 Greenwood County Forestry District No. 25 Hampton County Forestry District No. 26 Horry County Forestry District No. 27 Jasper County Forestry District No. 28 Kershaw County Forestry District No. 29 Lancaster County Forestry District No. 30 Laurens County Forestry District No. 31 Lee County Forestry District No. 32 Lexington County Forestry District No. 33 Marion County Forestry District No. 34 Marlboro County Forestry District No. 35 McCormick County Forestry District No. 36 Newberry County Forestry District No. 37 Oconee County Forestry District No. 38 Orangeburg County Forestry District No. 39 Pickens County Forestry District No. 40 Richland County Forestry District No. 41 Saluda County Forestry District No. 42 Spartanburg County Forestry District No. 43 Sumter County Forestry District No. 44 Union County Forestry District No. 45 Williamsburg County Forestry District No. 46 York County
Each forestry district enumerated and designated herein shall have the same territory and territorial boundaries as the county which it represents and in which it is located.
HISTORY: 1962 Code Section 29-30.11; 1964 (53) 1867.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 25 - Forestry Districts › Section 48-25-20. Enactment of fire protection laws by General Assembly.

The General Assembly may enact fire protection laws to protect the forests in each of the several respective forestry districts of the State as herein enumerated and designated and as authorized and provided by the amendment to Section 34 of article III, of the State Constitution of 1895, ratified February 13, 1963, by Act No. 28, "An Act To Ratify The Amendment To Section 34 of Article III Of the Constitution Of This State, Relating To The Prohibition Of Special Laws, So As To Empower The General Assembly To Divide The State Into Forestry Districts And To Enact Legislation For The Protection Of Forestry In The Districts," Acts and Joint Resolutions of the General Assembly of the State of South Carolina, 1963, page 23.
HISTORY: 1962 Code Section 29-30.12; 1964 (53) 1867.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 25 - Forestry Districts › Section 48-25-30. Combination of districts into compact forestry districts.

The General Assembly may combine any two or more of the forestry districts herein enumerated and designated into a compact forestry district and likewise may combine a forestry district or forestry districts with a compact forestry district and, also compact forestry districts with compact forestry districts. Provided, that the forestry districts or the compact forestry districts so combined, as herein provided, are contiguous. Provided, further , that the fire protection laws of the forests of any compact forestry district are equal and uniform throughout such compact forestry district. The first compact forestry district created and established by combining two or more contiguous forestry districts, as herein provided, for fire protection of the forests of such compact forestry district by equal and uniform fire protection laws of the forests throughout the compact forestry district shall be designated and enumerated as Compact Forestry District No. 1, and any following compact forestry districts shall be successively designated and enumerated in numerical order. The remaining forestry districts each composed of a single county shall be renumbered appropriately in successive numerical order as herein provided.
HISTORY: 1962 Code Section 29-30.13; 1964 (53) 1867.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 25 - Forestry Districts › Section 48-25-40. Laws applicable to all forestry and compact forestry districts.

The State laws in force on March 6, 1964 affecting forestry shall, until changed, apply to all of the forestry districts and compact forestry districts of the State, except where otherwise specified, and all laws of the State thereafter enacted shall apply to the entire State except where otherwise specified.
HISTORY: 1962 Code Section 29-30.15; 1964 (53) 1867.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 25 - Forestry Districts › Section 48-25-50. Duty of law enforcement officers to enforce forestry laws.

It shall be the positive duty of all sheriffs, deputy sheriffs, constables, rural policemen, and special officers to actively cooperate with the South Carolina Commission of Forestry and the State Forester in the enforcement of the forestry laws of the State.
HISTORY: 1962 Code Section 29-30.16; 1964 (53) 1867.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 27 - Registration Of Foresters › Section 48-27-10. Definitions.

(1) "Registered forester" shall mean a person who has registered and qualified under this chapter to engage in professional forestry practices as defined in this section.
(2) "Forestry" or "practice of forestry" shall mean any professional service relating to forestry, such as consultation, investigation, evaluation, planning or responsible supervision of forest management, protection, silviculture, measurements, utilization, economics, education, or other forestry activities in connection with any public or private lands.
(3) "Board" shall mean the State Board of Registration for Foresters, provided for by this chapter.
HISTORY: 1962 Code Section 29-31; 1961 (52) 608.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 27 - Registration Of Foresters › Section 48-27-20. Creation of State Board of Registration for Foresters.

A State Board of Registration for Foresters is created whose duty it is to administer the provisions of this chapter. The Board shall consist of five registered foresters, recommended by the Foresters Council of South Carolina and two nonforester members recommended by the South Carolina Forestry Association, appointed by the Governor. The Governor shall also consider nominations from any other individual, group, or association. Each member of the Board must be commissioned by the Governor and, before beginning his term of office, shall file with the Secretary of State his written oath or affirmation for the faithful discharge of his official duty. On the expiration of the term of any member of the Board, three nominees for each position recommended by the designated group must be submitted to the Governor from which he shall appoint for a term of five years a Board member having the qualifications required by Section 48-27-30 to take the place of each member whose term on the Board is expiring. Any vacancy occurring for a reason other than the expiration of office must be filled by the Governor from three nominees recommended by the designated group to fill the unexpired term of the member. If the Governor fails to make appointment in ninety days after expiration of any term, the Board shall make the necessary appointment. Each member shall hold office until the expiration of the term for which he is appointed and until a successor is duly appointed and qualifies.
HISTORY: 1962 Code Section 29-32; 1961 (52) 608; 1985 Act No. 156, Section 2.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 27 - Registration Of Foresters › Section 48-27-30. Qualifications of board members.

Each member of the Board must be a citizen of the United States and a resident of this State. Each registered forester member must have been engaged in the practice of forestry for at least ten years.
HISTORY: 1962 Code Section 29-33; 1961 (52) 608; 1985 Act No. 156, Section 4.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 27 - Registration Of Foresters › Section 48-27-40. Compensation and expenses of board members.

Every member of the Board shall receive a per diem allowance when actually attending to the work of the Board or any of its committees and for the time spent in necessary travel and, in addition thereto, shall be reimbursed for all actual traveling, incidental and clerical expenses necessarily incurred in carrying out the provisions of this chapter.
HISTORY: 1962 Code Section 29-34; 1961 (52) 608.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 27 - Registration Of Foresters › Section 48-27-60. Meetings of board; officers.

The Board shall hold at least two regular meetings each year. Special meetings shall be held at such time and place as the bylaws of the Board may provide. Notice of all meetings shall be given in such manner as the bylaws may provide. The Board shall elect or appoint annually the following officers: A chairman, a vice-chairman, and a secretary.
HISTORY: 1962 Code Section 29-36; 1961 (52) 608.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 27 - Registration Of Foresters › Section 48-27-70. Bond and salary of secretary.

A secretary to the board shall give a surety bond to the State in such sum as the Director of the Department of Labor, Licensing, and Regulation may determine. The premium on such bond shall be regarded as a proper and necessary expense of the board and shall be paid out of the fund of the Board of Registration for Foresters. The secretary shall receive such salary as the Director of the Department of Labor, Licensing, and Regulation shall determine in addition to the expenses provided for in Section 48-27-40.
HISTORY: 1962 Code Section 29-37; 1961 (52) 608; 1993 Act No. 181, Section 1229.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 27 - Registration Of Foresters › Section 48-27-80. Bylaws of board; rules of procedure.

The Board may adopt and amend all bylaws and rules of procedure, not inconsistent with the Constitution and laws of this State, which may be reasonably necessary for the proper performance of its duties and the regulation of the proceedings before it.
HISTORY: 1962 Code Section 29-38; 1961 (52) 608.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 27 - Registration Of Foresters › Section 48-27-100. Power of board to subpoena witnesses and documents and to administer oaths; compensation of witnesses.

In carrying into effect the provisions of this chapter the Board may, under the hand of its chairman and seal of the Board, subpoena witnesses and compel their attendance and may also require the production of books, papers, and documents in a case involving the revocation of a license or practicing or offering to practice without a license under the title of registered forester. Any member of the Board may administer oaths or affirmations to witnesses appearing before the Board. Such witnesses officially called by the Board shall receive the same compensation and shall be reimbursed for expenses as is provided for witnesses in the court of common pleas in the county in which this Board may sit.
HISTORY: 1962 Code Section 29-40; 1961 (52) 608.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 27 - Registration Of Foresters › Section 48-27-110. Records of board; annual report.

The Board shall keep a record of its proceedings and a register of all applications for registration, which register shall show (a) the name, age, and residence of each applicant, (b) the date of the application, (c) the place of business of such applicant, (d) his educational and other qualifications, (e) whether or not an examination was required, (f) whether the application was rejected, (g) whether a license was granted, (h) the date of the action of the Board and (i) such other information as may be deemed necessary by the Board. The records of the Board shall be prima facie evidence of the proceedings of the Board set forth therein, and a transcript thereof duly certified by the secretary of the Board under seal shall have the same force and effect as if the original were produced. Annually, as of June thirtieth, the Board shall submit to the Governor a report of its transactions of the preceding year.
HISTORY: 1962 Code Section 29-40.1; 1961 (52) 608.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 27 - Registration Of Foresters › Section 48-27-120. Licensing and registration as registered foresters; exceptions.

(1) No person shall use in connection with his name or otherwise assume, use or advertise any title or description tending directly or indirectly to convey the impression that he is a registered forester, without first having been licensed and registered as a registered forester as provided in this chapter.
(2) Except as specifically authorized in this section, no person shall engage in the practice of professional forestry as defined in this chapter or in any manner advertise or hold himself out as engaged in such practice without first being licensed as a registered forester under this chapter.
(3) Notwithstanding subsection (2) of this section or any other provision of this chapter, nothing herein may be construed as preventing or prohibiting any person from managing or otherwise conducting forestry practices on land owned by him, nor shall anything herein prohibit any regular employee from engaging in professional or other forestry practices on lands owned by the person. Also, notwithstanding subsection (2) of this section or any other provision of this chapter, nothing herein may be construed as preventing or prohibiting professional employees of public agricultural agencies from rendering forestry information, education, demonstration, and conservation planning in line of duty if the employees do not represent themselves to be registered foresters unless properly licensed or registered under the provisions of this chapter.
(4) It is the purpose of this chapter to protect the public by improving the standards relative to the practice of professional forestry, and the provisions of this chapter apply to foresters employed by the State.
(5) Nothing herein provided shall prohibit any forestry work by unlicensed persons working under the supervision of a registered forester.
HISTORY: 1962 Code Section 29-40.2; 1961 (52) 608; 1985 Act No. 156, Section 5.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 27 - Registration Of Foresters › Section 48-27-130. Requirements for qualification as registered forester.

(A) The following are minimum evidence satisfactory to the board that the applicant is qualified for registration as a registered forester:
(1) graduation from a curriculum in forestry of four years or more in a department, school, or college approved by the board and a specific record of an additional two years' or more experience in forestry of a character satisfactory to the board and indicating that the applicant is competent to practice forestry; or
(2) successfully passing a written examination designed to show knowledge and skill approximating that obtained through graduation from an approved four-year curriculum in forestry and a specific record of six years or more of practice in forestry of a character satisfactory to the board and indicating that the applicant is competent to practice forestry.
(B) The board shall issue licenses only to applicants who meet the requirements of this section. However, no person may register as a forester who has been convicted of a felony or crime involving moral turpitude. However, the applicant may be licensed by the board if:
(1) At least five years have passed since he was convicted, sentenced, or released from incarceration, whichever is later.
(2) No criminal charges are pending against him.
(C) The completion of the junior year of a curriculum in forestry in a school or college approved by the board is equivalent to two years of practice. The completion of the senior year of a curriculum in forestry, without graduation, in a school or college approved by the board is equivalent to three years of practice.
(D) Beginning June 1, 1991, applicants shall take the examination for registration.
HISTORY: 1962 Code Section 29-403; 1961 (52) 608; 1985 Act No. 156, Section 6; 1991 Act No. 76, Section 1.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 27 - Registration Of Foresters › Section 48-27-140. Application and fee for registration.

Applicants for registration shall make application on forms prescribed and furnished by the Board. The applications shall contain statements made under oath showing the applicant's education and a detailed summary of his technical work and shall include not less than five references, of whom three or more must be foresters having personal or professional knowledge of his forestry experience. The registration fee for a license as a registered forester must be set by the Board by regulation. Should the Board deny the issuance of a license to any applicant, the initial fee deposited must be retained by the Board as an application fee.
HISTORY: 1962 Code Section 29-40.4; 1961 (52) 608; 1985 Act No. 156, Section 7.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 27 - Registration Of Foresters › Section 48-27-150. Examinations and re-examinations.

When written examinations are required, they shall be held at such time and place as the Board shall determine. The methods of procedure shall be prescribed by the Board. A candidate failing on examination may apply for re-examination at the expiration of six months and will be re-examined without payment of an additional fee. Subsequent examination will be granted upon payment of a fee to be determined by the Board.
HISTORY: 1962 Code Section 29-40.5; 1961 (52) 608.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 27 - Registration Of Foresters › Section 48-27-160. Issuance and contents of licenses.

The Board shall issue a license upon payment of a registration fee as provided for in this chapter to any applicant who, in the opinion of the Board, has satisfactorily met all of the requirements of this chapter. Licenses shall show the full name of the registrant, shall have a serial number and shall be signed by the chairman and the secretary of the Board under seal of the Board. The issuance of a license by the Board shall be evidence that the registrant is entitled to all the rights and privileges of a registered forester while his license remains unrevoked or unexpired.
HISTORY: 1962 Code Section 29-40.6; 1961 (52) 608.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 27 - Registration Of Foresters › Section 48-27-180. Registration of persons licensed by other states or countries; criminal convictions.

A person licensed to practice forestry by a state or country whose requirements are commensurate with the requirements of this State, upon payment of the fee established pursuant to Section 48-27-140, may be registered and licensed to practice forestry in this State, with renewal privileges set forth in Section 48-27-190. The board shall deny licensure to a person convicted of a felony or crime involving moral turpitude. However, the applicant may be licensed by the board if:
(1) At least five years have passed since he was convicted, sentenced, or released from incarceration, whichever is later.
(2) No criminal charges are pending against him.
HISTORY: 1962 Code Section 29-40.8; 1961 (52) 608; 1985 Act No. 156, Section 8; 1991 Act No. 76, Section 2.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 27 - Registration Of Foresters › Section 48-27-190. Expiration and renewal of licenses; renewal fees.

Licenses expire on the last day of June following their issuance or renewal and are invalid on that date unless renewed. The secretary of the board shall notify, at his last registered address, every person registered under this chapter of the date of the expiration of his license and the amount of the fee required for its renewal for one year. The notice must be mailed at least one month in advance of the date of the expiration. The board shall set the annual renewal fee by regulation. Renewal of licenses for the following year may be effected during June of the year in which the license has been issued or renewed by the payment of the renewal fee. The licenses also may be renewed during the ensuing three months by the payment of an additional fee for each month or portion of it that payment is delayed beyond June. The fee must be set by the board by regulation. The board shall make an exception to the renewal provisions for a person who is in the Armed Services of the United States. The board shall develop regulations for continuing education or other assessment of continued competence.
HISTORY: 1962 Code Section 29-40.9; 1961 (52) 608; 1985 Act No. 156, Section 9; 1991 Act No. 76, Section 4.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 27 - Registration Of Foresters › Section 48-27-195. Registered forester's escrow account; recordkeeping requirements.

Any registered forester shall place, as soon as practically possible, any deposit money or other money received by him in a forestry transaction in a separate trust or escrow account maintained by him in a banking institution authorized to do business in the State, where the funds must be kept until the transaction has been consummated or otherwise terminated, at which time a full accounting must be made by the registered forester. Records relative to the deposit, maintenance, and withdrawal of the funds must be properly maintained and be made available to a representative of the South Carolina State Board of Registration for Foresters upon request.
HISTORY: 1985 Act No. 156, Section 10.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 27 - Registration Of Foresters › Section 48-27-200. Procedure for revocation of licenses; reissuance; appellate review.

The board may, upon proof that grounds exist that the licensee has committed fraud, deceit, gross negligence, incompetency, or other misconduct in connection with any forestry practice, order the revocation or suspension of a license, publicly or privately reprimand the holder of a license, or take any other action short of revocation or suspension, such as requiring the licensee to undertake additional professional training subject to the direction and supervision of the board. The board may also impose such restraint upon the practice of the licensee as circumstances warrant until the licensee demonstrates to the board adequate professional competence. The board may designate a person to investigate and report to it upon any charges of fraud, deceit, gross negligence, incompetency, or other misconduct in connection with any forestry practice against any registrant as may come to its attention. Any person may prefer charges of fraud, deceit, gross negligence, incompetency, or misconduct in connection with any forestry practice against any registrant. The charges must be in writing and must be filed with the secretary of the board. All charges, unless dismissed by the board as unfounded or trivial, must be heard by the board as soon as a thorough investigation may be made and a hearing scheduled. The time and place for the hearing must be fixed by the board, and a copy of the charges, together with a notice of the time and place of the hearing, must be personally served on or mailed to the last known address of the registrant at least thirty days before the date fixed for the hearing. At any hearing the accused registrant may appear personally and by counsel, to cross-examine witnesses appearing against him, and to produce evidence and witnesses in his own defense. Any registrant whose license has been sanctioned may apply for a review of the proceedings with reference to the sanction of his license before an Administrative Law Judge as provided under Chapter 23 of Title 1. The review must be upon the record made before the board. Petition for review of this act of the board must be served upon the board within thirty days from the date of the service of the order or the decision of the board upon the person. Upon service upon it of a petition for review, the board shall within thirty days certify the record made before it to an Administrative Law Judge as provided under Chapter 23 of Title 1.
HISTORY: 1962 Code Section 29-40.10; 1961 (52) 608; 1985 Act No. 156, Section 11; 1993 Act No. 181, Section 1230.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 27 - Registration Of Foresters › Section 48-27-210. Replacement of licenses; replacement fee.

A new license to replace any license revoked, lost, destroyed, or mutilated, may be issued, subject to the rules of the Board. A charge of three dollars shall be made for such issuance.
HISTORY: 1962 Code Section 29-40.11; 1961 (52) 608.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 27 - Registration Of Foresters › Section 48-27-220. Roster of registered foresters.

A roster, showing the names and places of business of all registered foresters qualified according to the provisions of this chapter, shall be prepared by the secretary of the Board during the month of July of each year. Copies of this roster shall be mailed to each person so registered, placed on file with the Secretary of State, and furnished to the public on request.
HISTORY: 1962 Code Section 29-40.12; 1961 (52) 608.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 27 - Registration Of Foresters › Section 48-27-230. Endorsement of documents by registrants; illegal endorsements.

Plans, maps, specifications, and reports issued by a registrant must be endorsed with his name and license number. It is unlawful for a person to endorse any documents after his license has expired or has been revoked. It also is unlawful for a registered forester to endorse any plan, specification, estimate, or map unless he has actually prepared the plan, specification, estimate, or map or has been in actual charge of its preparation.
A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than two years, or both.
HISTORY: 1962 Code Section 29-40.13; 1961 (52) 608; 1993 Act No. 184, Section 242.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 27 - Registration Of Foresters › Section 48-27-240. Receipts and expenditures by board.

The secretary of the Board shall receive and account for all moneys derived under the provisions of this chapter and shall pay them to the State Treasurer, who shall keep such moneys in a separate fund to be known as the fund of the State Board of Registration for Foresters. Such fund shall be kept separate and apart from all other moneys in the State Treasury and shall be paid out only by warrants regularly drawn by the chairman and secretary of the Board. All moneys in the fund of the State Board of Registration for Foresters are hereby specifically appropriated for the use of the Board. Under no circumstances shall the total amount of warrants issued by the Comptroller General in payment of the expenses and compensation provided for in this chapter exceed the amount of the examination, registration, and renewal fees collected as provided in this chapter.
HISTORY: 1962 Code Section 29-40.14; 1961 (52) 608.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 27 - Registration Of Foresters › Section 48-27-250. Penalties.

Except as specifically provided in this chapter, a person who violates the provisions of this chapter is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years.
HISTORY: 1962 Code Section 29-40.15; 1961 (52) 608; 1993 Act No. 184, Section 243.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 27 - Registration Of Foresters › Section 48-27-260. Injunctive relief and civil fines.

The Board may, either before or after the institution of criminal proceedings, institute civil action in the circuit court, in the name of the State, for injunctive relief against any person violating the provisions of this chapter, or the regulations or orders of the Board. For each violation, the court may, in its discretion, impose a fine of no more than ten thousand dollars and order restitution to injured persons.
HISTORY: 1985 Act No. 156, Section 12.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 28 - Forest Renewal Practices › Section 48-28-20. Powers and duties of State Forester in connection with implementation of forest renewal program.

The State Forester shall implement a forest renewal program to encourage private investments in the improved management of forest lands and resources within the State to ensure adequate future high quality timber supplies, related employment and other economic benefits and the protection, maintenance and enhancement of a productive and stable forest resource system. In furtherance of this purpose, the State Forester shall:
1. Provide financial assistance to eligible landowners to increase the productivity of the privately-owned forests of the State through the application of forest renewal practices.
2. Ensure that forest operations in the State are conducted in a manner designed to protect the soil, air and water resources, including, but not limited to, streams, lakes and estuaries through actions of landowners on lands for which assistance is sought under provisions of this chapter. Application of generally acceptable forest practices should be implemented in each case.
3. Implement a program of voluntary landowner participation through the use of a forest renewal fund to meet the above goals.
4. Coordinate the program with other related programs in such a manner as to encourage the utilization of private agencies, firms and individuals furnishing services and materials needed in the application of practices included in the forest renewal program.
HISTORY: 1981 Act No. 70, Section 1.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 28 - Forest Renewal Practices › Section 48-28-40. Promulgation of rules and regulations; employment and compensation of support personnel; purchase and use of equipment.

The State Forester shall administer the provisions of this chapter and may promulgate regulations to carry out such provisions subject to the limitations set forth in Section 48-28-100. The State Forester may employ administrative, clerical and field personnel to support the program created by this chapter and compensate such employees from the forest renewal fund for services rendered in direct support of the program.
The State Forester may purchase equipment for the implementation of this program from the forest renewal fund subject to the limitations of Section 48-28-100. All equipment purchases with such funds shall be assigned to and used only for the forest renewal program except for emergency use in forest fire suppression and other activities relating to the protection of life or property. The forest renewal fund shall be reimbursed from other program funds for equipment costs incurred during such emergency use.
HISTORY: 1981 Act No. 70, Section 1.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 28 - Forest Renewal Practices › Section 48-28-50. Powers and duties of State Forester in connection with administration of cost-sharing provisions.

The State Forester may administer the cost-sharing provisions of this chapter which shall include, but not be limited to, the following duties:
1. Prescribing the requirements for making application for cost-sharing funds.
2. Identifying those approved practices as defined in item 6 of Section 48-28-30 which shall be approved for cost-sharing under the provisions of this chapter.
3. Reviewing periodically the cost of forest renewal practices and establishing allowable ranges for cost-sharing purposes for approved practices under varying conditions throughout the State.
4. Determining, prior to approving cost-sharing payments to any landowner, that all proposed practices are appropriate and are comparable in cost to the prevailing cost of those practices.
5. Determining, prior to approving cost-sharing payments, that an approved forest management plan as defined in item 7 of Section 48-28-30 for the eligible land has been filed with the State Forester and that the landowner has indicated in writing his intent to comply with the terms of such management plan that related to cost-share payments.
6. Determining, prior to approving cost-sharing payments, that the approved practices for which payment is requested have been completed in a satisfactory manner, conform to the approved forest management plan submitted under item 5 of this section and otherwise meet the requirements of this chapter.
7. Disbursing from the forest renewal fund, comprised of appropriated funds and forest assessment funds, to eligible landowners, cost-sharing payments or satisfactory completion of practices provided for by this chapter and insofar as is practicable disbursing funds equally from the state appropriated funds and the forest renewal assessment funds, until appropriated funds are expended after which expenditures shall come from the forest renewal assessment funds subject to limitations of Section 48-28-100.
8. Applying directly funds resulting from slippage as defined in item 10 of Section 48-28-30 to the revolving forest renewal fund which shall be available for applying to cost-sharing for additional landowners.
9. Publishing guidelines for implementing this chapter.
10. Initiating recollection of all cost-share payments if a landowner does not meet the requirements of Section 48-28-80, for ten years.
HISTORY: 1981 Act No. 70, Section 1.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 28 - Forest Renewal Practices › Section 48-28-60. Rate of cost-sharing payments; maximum payments to eligible landowners; exclusion of land for which federal cost-sharing payments are received.

An eligible landowner may receive cost-sharing payments for satisfactory completion of approved practices as determined by the State Forester at rates established by him. The cost-share rates for all practices shall not exceed the cost-sharing rate of any other compatible governmental forestry program that may be in effect.
The maximum amount of cost-sharing funds allowed to any eligible landowner in one fiscal year shall be limited to the amount needed to complete approved practices on one hundred acres of land subject to provisions under paragraph one of this section.
Eligible landowners may not use state cost-sharing funds if funds from any federal cost-sharing program are used on the same acreage for forestry practices during the same fiscal year.
HISTORY: 1981 Act No. 70, Section 1.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 28 - Forest Renewal Practices › Section 48-28-80. Landowners required to submit forest management plan and maintain land in forest condition.

The eligible landowner shall be required to submit an approved forest management plan to the State Forester and during tenure shall be required to maintain eligible lands in a forest condition for a period of ten years or until commercial harvest or the landowner shall be required to remit the cost-sharing payment back to the forest renewal fund.
HISTORY: 1981 Act No. 70, Section 1.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 28 - Forest Renewal Practices › Section 48-28-100. Forest renewal fund.

There is created in the Commission the forest renewal fund for which fiscal management and responsibility is vested in the State Forester.
The fund shall be the depository for all revenue derived from the forest development assessment on primary forest product processors as authorized by the General Assembly and for any funds appropriated specifically for the forest renewal program from the general fund. State appropriated funds remaining in the forest renewal fund at the end of any fiscal year shall revert to the general fund. Revenues derived from the forest renewal assessment shall not revert but shall remain in the forest renewal fund until expended under the provisions of this chapter.
In any fiscal year, new funding agreements from the forest renewal fund are limited to five times the amount of the state appropriation for the Forest Renewal Law for that year plus the amount of any cancellation or slippage funds from previous agreements. Whenever necessary to comply with the terms of a contract, payments in a fiscal year may exceed five times the amount of the state appropriation.
In any fiscal year, expenditures from the forest renewal fund shall be limited to five times the amount of the state appropriation for the Forest Renewal Law for that year.
In any fiscal year, no more than five percent of the available funds generated by the Primary Forest Products Assessment Law, Chapter 30 of this title, shall be used for program support under the provisions of Section 48-28-40.
Funds used for the purchase of equipment under the provisions of Section 48-28-40 shall be limited to state appropriations to the forest renewal fund designated specifically for equipment purchase.
The Commission shall serve as the disbursing agency for funds expended from and deposited in the forest renewal fund.
HISTORY: 1981 Act No. 70, Section 1; 1990 Act No. 572, Section 1.