reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 51 - Parks, Recreation and Tourism › Chapter 15 - Municipal Parks And Recreational Facilities › Section 51-15-510. Acquisition of property for parks, playgrounds, and athletic facilities.

All cities of more than fifty thousand inhabitants, as determined by the most recent United States census, may own, buy or receive donations of lands and properties within the city limits, or within twenty miles of the corporate limits of any such city, to be used by the city for the purpose of creating and maintaining parks, playgrounds, athletic grounds or stadiums.
HISTORY: 1962 Code Section 51-171; 1952 Code Section 51-171; 1942 Code Section 7553; 1933 (38) 295; 1963 (53) 204.
2023 South Carolina Code of Laws › Title 51 - Parks, Recreation and Tourism › Chapter 15 - Municipal Parks And Recreational Facilities › Section 51-15-520. Creation of corporations to acquire property for parks, playgrounds, and athletic facilities.

Any such city or municipality may create corporations, own stock therein and name directors and officers for the management thereof, for the purpose of having the corporations acquire properties in like manner as provided in Section 51-15-510 for the uses set out therein. The Secretary of State may issue charters for such corporations just as charters are now issued for business corporations and such corporations when formed shall have the powers of usual business corporations, with special authority to buy, sell, own, lease or mortgage the real and personal property so acquired.
HISTORY: 1962 Code Section 51-172; 1952 Code Section 51-172; 1942 Code Section 7553; 1933 (38) 295.
2023 South Carolina Code of Laws › Title 51 - Parks, Recreation and Tourism › Chapter 15 - Municipal Parks And Recreational Facilities › Section 51-15-530. Municipal stockholder not liable for debts or acts of corporation.

No city or municipality creating such a corporation or owning the stock therein shall be liable for any act of such corporation or for the debts or obligations thereof, nor shall such city or municipality be liable for any act of any officer or director of any such corporation or any of them or of any agent thereof.
HISTORY: 1962 Code Section 51-173; 1952 Code Section 51-173; 1942 Code Section 7553; 1933 (38) 295.
2023 South Carolina Code of Laws › Title 51 - Parks, Recreation and Tourism › Chapter 15 - Municipal Parks And Recreational Facilities › Section 51-15-540. Properties exempt from taxation.

For tax purposes these properties, whether owned by the municipality or by a corporation created by the municipality, shall be considered just as other municipal property.
HISTORY: 1962 Code Section 51-174; 1952 Code Section 51-174; 1942 Code Section 7553; 1933 (38) 295; 1993 Act No. 181, Section 1279, eff July 1, 1994.
Effect of Amendment
The 1993 amendment reprinted this section with no apparent changes.
2023 South Carolina Code of Laws › Title 51 - Parks, Recreation and Tourism › Chapter 17 - Heritage Trust Program › Section 51-17-20. Legislative findings.

The General Assembly finds that as a part of the continuing growth of the population and the development of the economy of the State it is necessary and desirable that portions of the State's rich natural and cultural diversity be set aside as Heritage Preserves and Sites and protected for the benefit of present and future generations, for once disturbed they cannot be wholly restored. Such areas and features are irreplaceable as laboratories for scientific research; as reservoirs of natural materials for which the value and usefulness thereof is not yet fully known; as habitats for rare and vanishing species; and as living museums where people may observe natural biotic and environmental systems and as areas for study and enjoyment as examples of the lands, structures and related artifacts which represent significant parts of our historical and cultural heritage.
While a number of independent and differing efforts, both private as well as governmental, have been initiated to protect some of these assets, a coordinated and concerted program is needed in order to avoid duplication among these and other valuable activities and to insure the maximum conservation of these resources through the establishment of a more effective and adequate official legal mechanism for identifying, recognizing and protecting such areas for their outstanding characteristics. While the preservation of all of these assets in their natural state is both impractical and often not necessarily in the total best interest of the State and the public, they exist in limited and decreasing quantities. The time is now for a decision to be made as to which of these areas and sites deserve increased protection and for selecting the most appropriate means for doing so.
It is therefore the public policy of this State to secure for the people, both present and future generations, the benefits of an enduring resource of natural and cultural areas and features by establishing a system of Heritage Preserves and Sites; protecting this system; gathering and disseminating information regarding it; establishing and maintaining a listing of Heritage Preserves and Sites; and otherwise encouraging and assisting in the preservation of natural and cultural areas and features of this State.
HISTORY: 1976 Act No. 600 Section 1; 1993 Act No. 181, Section 1282, eff July 1, 1994.
Effect of Amendment
The 1993 amendment reprinted this section with no apparent changes.
2023 South Carolina Code of Laws › Title 51 - Parks, Recreation and Tourism › Chapter 17 - Heritage Trust Program › Section 51-17-30. Purpose.

The Heritage Trust Program is created to achieve the following goals by protecting lands and making them available to state agencies, educational institutions, and public and private groups for the following purposes:
1. For research in such fields as archeology, agriculture, conservation, ecology, forestry, genetics, geology, history, paleontology, pharmacology, soil science, taxonomy, and similar fields by governmental employees, educational and scientific groups as well as by private individuals.
2. For the teaching of archeology, biology, conservation, ecology, geology, history, natural history, and other subjects.
3. As habitats and places for maintaining plant and animal species in communities.
4. As reservoirs of natural and cultural materials.
5. As places of natural and cultural interests and beauty whereby through visitation the public may observe, value, and enjoy natural and cultural processes and events. Unique recreational opportunities of a type not generally available through the existing State Park System may be provided, including outdoor sporting usage such as hunting and fishing as well as aesthetics, where wholly compatible and consistent with the character of the area or feature.
6. As benchmarks against which to measure such processes or events as well as the environmental degradation from natural and unnatural influences.
7. To promote the understanding and appreciation of the aesthetic, cultural, and scientific values of such areas and features by the people of the State.
8. For the preservation and protection of Heritage Preserves and Sites against modification or encroachment resulting from occupation, development, or other uses which would destroy their natural and cultural character.
9. As places for maintaining representative lands and related structures which illustrate periods, events, styles, and uses of the land in our state's historic and cultural heritage.
HISTORY: 1976 Act No. 600 Section 3; 1993 Act No. 181, Section 1282, eff July 1, 1994.
Effect of Amendment
The 1993 amendment made grammatical changes.
2023 South Carolina Code of Laws › Title 51 - Parks, Recreation and Tourism › Chapter 17 - Heritage Trust Program › Section 51-17-40. Department of Natural Resources Board, powers and duties.

The board of the department shall have the following duties, responsibilities, and powers under this chapter:
1. To serve as trustee of the trust created under this chapter and to carry out the powers, duties, and responsibilities thereunder.
2. To supervise the establishment, updating and maintenance of a statewide inventory of the natural and cultural resources and the maintenance of a list of those areas and features selected or established under this chapter as priority areas and features or as Heritage Preserves and Sites.
3. To select from the recommendations of the advisory board those natural and cultural features, the preservation of which is of primary importance to the goals and purposes of this chapter, and to classify such as priority areas and features.
4. To select from the recommendations of the advisory board those priority areas and features which should be dedicated or recognized as Heritage Preserves or Sites, and thereafter to establish as such through dedication or recognition.
5. To select from the recommendations of the advisory board those Heritage Preserves, interests therein or portions thereof, deserving of protection under the Heritage Trust and thereafter to transfer same into the corpus of the trust.
6. To conduct public hearings on the question of whether any particular natural or cultural area or feature should be established as a Heritage Preserve or Site, or on the uses or nonuses which shall apply to any area dedicated under the Heritage Trust Program.
7. To manage or provide for the management of Heritage Preserves through the promulgation of rules and regulations designed to preserve the primary natural character of such areas or features and to provide the maximum public usage thereof which is compatible and consistent with the character of the area. Management duties and responsibilities may be assigned to any governmental or private group, with its consent, with respect to any particular Heritage Preserve.
8. To cooperate with and to enter into agreement with other state, federal, county, and local units of government as well as private groups for the promotion of the purposes of this chapter including the carrying out of other requirements under federal and state law.
9. To report annually to the Governor and to the General Assembly as to the activities of the Heritage Trust Program and its future plans, and to make any specific recommendations which it feels, if implemented, would assist in achieving the goals and purposes of this chapter.
HISTORY: 1976 Act No. 600 Section 4; 1993 Act No. 181, Section 1282, eff July 1, 1994.
Effect of Amendment
The 1993 amendment substituted "board of the department" for "commission".
2023 South Carolina Code of Laws › Title 51 - Parks, Recreation and Tourism › Chapter 17 - Heritage Trust Program › Section 51-17-50. Heritage Trust Advisory Board created; composition.

The Heritage Trust Advisory Board is hereby created to assist the board of the department in carrying out its duties and responsibilities under this chapter. The advisory board shall consist of sixteen members who must be chosen as follows and shall elect from its membership a chairman:
(1) From the general public, seven persons, one from each congressional district within the State, who must be appointed by the Governor and serve for a term of six years. Of these seven, four persons must be from the scientific community who are recognized and qualified experts in the ecology of natural areas, and three persons must be from the cultural community who are recognized and qualified experts in the history and archeology of the State. The term "expert" does not of necessity denote a professional but one learned and interested in the field.
(2) From state government, the following persons or their designees:
(a) the Chairman of the Board of the Department of Natural Resources;
(b) the Director of the Department of Natural Resources;
(c) the Director of the South Carolina Department of Parks, Recreation, and Tourism;
(d) the Director of the Land Resources Conservation Districts Division of the Department of Natural Resources;
(e) the Director of the South Carolina Department of Archives and History;
(f) the State Forester;
(g) the State Archeologist;
(h) the Director of the State Museum; and
(i) the Secretary of Commerce.
HISTORY: 1976 Act No. 600 Section 5; 1991 Act No. 248, Section 6; 1993 Act No. 181, Section 1281, eff July 1, 1993; 1993 Act No. 181, Section 1282, eff July 1, 1994; 1994 Act No. 361, Section 8, eff May 3, 1994; 2012 Act No. 279, Section 22, eff June 26, 2012.
Effect of Amendment
The first 1993 amendment substituted "board of the department" for "Commission", "advisory board" for "Board", "Director" for "Executive Director" of the Department of Parks, Recreation and Tourism and the Land Resources Conservation Commission; and "Director of the Department of Commerce" for "Director of the South Carolina State Development Board".
The second 1993 amendment substituted "board of the department" for "Commission", "advisory board" for "Board", "Department of Natural Resources" for "Wildlife and Marine Resources Commission", and "Director" for "Executive Director" in subparagraphs B, C and D.
The 1994 amendment in subparagraph I of paragraph 2, substituted "Secretary of Commerce" for "Director of the Department of Commerce".
The 2012 amendment changed the paragraph identifiers, changed the number of board members from seventeen to eighteen, changed the number of members from the general public from six to seven, deleted the former provisions relating to initial appointees, and made other nonsubstantive changes.
2023 South Carolina Code of Laws › Title 51 - Parks, Recreation and Tourism › Chapter 17 - Heritage Trust Program › Section 51-17-60. Powers and duties.

The Heritage Trust Advisory Board shall have the following powers and duties:
1. To review the inventories prepared and submitted by the department and other state agencies as well as other appropriate sources of information and to recommend therefrom to the board of the department the selection of those areas and features as priority areas and features that it deems to be of primary importance to the goals and purposes of this chapter.
2. To evaluate, review and examine proposals of the department and other state agencies as well as citizen recommendations for the dedication or recognition of specific areas and features as Heritage Trust Preserves and Sites, and from its expertise to recommend to the board of the department the dedication or recognition of such areas and features which it feels proper.
3. To recommend to the board of the department any rules, regulations, management criteria, allowable uses and such which the advisory board feels would be beneficial to carrying out the goals and purposes of this chapter.
4. To appoint technical committees consisting of experts in specialty areas dealing with the ecology, history, and archeology of our State and any other type committees that the advisory board feels can be of assistance in fulfilling its duties and responsibilities under this chapter.
5. To assist in maintaining a list of areas and sites which through dedication become Heritage Trust Preserves or Sites and to make public information regarding their location, management, regulation, and permissible public uses and the like.
6. To authorize research and investigation for inventory and assessment purposes, including the reasonable right of entry and inspection, and to disseminate information and recommendations pertaining to natural and related cultural areas and features.
HISTORY: 1976 Act No. 600 Section 6; 1993 Act No. 181, Section 1282, eff July 1, 1994.
Effect of Amendment
The 1993 amendment substituted "board of the department" for "commission".
2023 South Carolina Code of Laws › Title 51 - Parks, Recreation and Tourism › Chapter 17 - Heritage Trust Program › Section 51-17-70. Department of Natural Resources, powers and duties.

The department shall act as the basic staff for the board of the department and the advisory board and shall have the following powers and duties:
1. The director shall select a member of his staff who shall be primarily responsible for the administration of the Heritage Trust Program.
2. The department shall supply such other staff and support services as the board of the department and the advisory board require to fulfill their duties and responsibilities under this chapter.
3. The department shall maintain a public record of any inventories or lists established under this chapter.
4. The department shall work with owners, both public and private, in the development of proposals for the dedication and recognition of natural and cultural areas and features as Heritage Preserves and Sites, and it shall keep the advisory board informed of the same in order that therefrom the advisory board may make recommendations to the board of the department as provided under this chapter.
5. The department shall consult with and work in cooperation with the Department of Archives and History, the State Archeologist, the Department of Parks, Recreation, and Tourism and any other state, county, or local unit of government, or any private entity, or group which is or should be directly involved in the Heritage Trust Program as well as in any particular efforts to preserve or protect any specific area or feature under the provisions of this chapter. In all cases, the department shall attempt to avoid duplication of effort with other agencies and groups and shall have no mandatory authority hereunder to require action by any such body.
HISTORY: 1976 Act No. 600 Section 7; 1993 Act No. 181, Section 1282, eff July 1, 1994.
Effect of Amendment
The 1993 amendment substituted "board of the department" for "commission" and, in paragraph 1, "director" for "Executive Director".
2023 South Carolina Code of Laws › Title 51 - Parks, Recreation and Tourism › Chapter 17 - Heritage Trust Program › Section 51-17-85. Heritage Trust property; disposition, exception.

(A) Notwithstanding another provision of law or subsection (B) of this section, the board may not dispose of any Heritage Trust property if otherwise permitted to do so unless there are restrictions sufficient to protect all of the natural and cultural characteristics of the property.
(B) For the purposes of county, state, or federal infrastructure projects, subsection (A) does not apply.
HISTORY: 2006 Act No. 251, Section 3, eff March 28, 2006; 2009 Act No. 12, Section 1, eff May 6, 2009.
Effect of Amendment
The 2009 amendment, in subsection (A), substituted "another" for "any other" and added "or subsection (B) of this section"; and added subsection (B) relating to county, state, or federal infrastructure projects.
2023 South Carolina Code of Laws › Title 51 - Parks, Recreation and Tourism › Chapter 17 - Heritage Trust Program › Section 51-17-100. Heritage Sites, registration.

In any case wherein a priority feature is either unsuited or unavailable for acquisition as a Heritage Preserve, the board of the department in agreement with the owner thereof may recognize such for its importance by registering it as a Heritage Site through the following registration procedures:
1. The department through its research and consultation with the owners of properties selected as priority features shall notify the advisory board of those which are unsuited or unavailable for dedication but for which the owners have made application for recognition as Heritage Sites through registration.
2. The advisory board shall review such applications and shall recommend to the board of the department the approval of those which it deems worthy of preservation through registration as Heritage Sites.
3. From the advisory board's recommendations, the board of the department shall approve those applications for recognition as Heritage Sites which it deems deserving and appropriate for carrying out the purposes of this chapter.
4. Upon approval of an application by the board of the department, the department may enter into a written agreement of registration with the owner of the feature concerned whereby the State shall give public recognition of the importance of the area or feature as a Heritage Site and the owner shall express his intent to preserve it.
5. The department shall erect and maintain an appropriate sign on the Heritage Site indicating its recognition and the owner thereof shall be given a certificate acknowledging its registration.
6. The registration agreement may be terminated by the owner or the board of the department at any time upon thirty days' notification to the other party. Such termination shall remove the feature from the Heritage Site Program, and any certificate previously issued therefor or sign erected shall be returned to the department by the property owner.
7. Unless the registration agreement is terminated, the owner of a Heritage Site shall maintain its essential natural character.
HISTORY: 1976 Act No. 600 Section 10; 1993 Act No. 181, Section 1282, eff July 1, 1994.
Effect of Amendment
The 1993 amendment substituted "board of the department" for "commission" and "advisory board" for "board".
2023 South Carolina Code of Laws › Title 51 - Parks, Recreation and Tourism › Chapter 17 - Heritage Trust Program › Section 51-17-110. Funding; appropriations; user fees; income.

The department shall include those costs and operating expenses necessary for the activities of the board of the department and the advisory board as well as staff support to carry out the provisions of this act in the annual State Appropriation Act. Funding for management of areas and features which become Heritage Preserves must be specifically requested by the department or that entity of government responsible for management thereof.
The board of the department shall select those Heritage Preserves for which it is appropriate to charge an individual user fee. The department may sell such user permits for a cost not to exceed five dollars and to be valid for the fiscal year in which issued at all Heritage Preserves where a permit is required. At the end of the fiscal year, the department shall distribute the funds collected among the entities of government assigned responsibility for management in direct proportion to the acreage which they manage. The proceeds of the sale of the user permits must be used to defray the management expenses.
HISTORY: 1976 Act No. 600 Section 11; 1985 Act No. 36, Section 1; 1993 Act No. 181, Section 1282, eff July 1, 1994.
Effect of Amendment
The 1993 amendment substituted "board of the department" for "commission".
2023 South Carolina Code of Laws › Title 51 - Parks, Recreation and Tourism › Chapter 17 - Heritage Trust Program › Section 51-17-115. Heritage Land Trust Fund created.

There is created the Heritage Land Trust Fund, which must be kept separate from other funds of the State. The fund must be administered by the board of the department for the purpose of acquiring fee simple or lesser interest in priority areas, legal fees, appraisals, surveys, or other costs involved in the acquisition of interest in priority areas, and for the development of minimal facilities and management necessary for the protection of the essential character of priority areas.
Unexpended balances, including interest derived from the fund, must be carried forward each year and used only for the purposes provided in this chapter.
No fund money may be expended to acquire interest in property by eminent domain nor may the funds be expended to acquire interest in property without a recommendation of the Heritage Trust Advisory Board and the approval of the State Fiscal Accountability Authority or Department of Administration, as applicable.
The board of the department shall report by letter to the presiding officers of the General Assembly not later than January fifteenth 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. Reimbursement for monies expended from this fund must be deposited in this fund. Funds received through sale, exchange, or otherwise of any Heritage Preserve acquired under this section, or products of the Preserve such as timber, utility easement rights, and the like, accrue to the fund.
HISTORY: 1985 Act No. 36, Section 2; 1993 Act No. 164, Part II, Section 44, eff June 21, 1993; 1993 Act No. 181, Section 1282, eff July 1, 1994; 1999 Act No. 100, Part II, Section 16, eff July 1, 1999.
Effect of Amendment
The first 1993 amendment, in the first paragraph, added "and management" following "minimal facilities" and added the last sentence providing that expenditures for management may not exceed ten percent of revenues for any year; and made grammatical changes throughout.
The second 1993 amendment substituted "board of the department" for "Wildlife and Marine Resources Commission".
The 1999 amendment deleted the last sentence of the first undesignated paragraph relating to limitations on the amount of management expenditures from the fund in any fiscal year.
2023 South Carolina Code of Laws › Title 51 - Parks, Recreation and Tourism › Chapter 17 - Heritage Trust Program › Section 51-17-117. Heritage Trust Program; donations of real and personal property.

(A) Donations of real and personal property including, but not limited to, land, houses, stocks, and bonds may be made to the Heritage Trust Program.
(B) The board of the department, on its own or by its agent, may:
(1) sell donated property. Proceeds from the sales must be deposited in the Heritage Land Trust Fund and used for the purposes established in this chapter;
(2) establish minimum acceptable prices for disposition of donated property;
(3) trade donated property for property of equal value;
(4) promote donations to the program through advertising;
(5) decline donations for any reason.
HISTORY: 1994 Act No. 346, Section 1, eff July 1, 1994.
2023 South Carolina Code of Laws › Title 51 - Parks, Recreation and Tourism › Chapter 17 - Heritage Trust Program › Section 51-17-120. Effect on certain other lands.

Nothing contained in this chapter shall be construed as interfering with the purposes stated in the establishment of or pertaining to any state or local park, preserve, wildlife refuge, forest or other area or the proper management and development thereof, except that any agency managing an area or feature acquired as a Heritage Preserve or a Heritage Site under the provisions of this chapter shall preserve it in accordance with the applicable conveyance, registration agreement and the rules and regulations of the board of the department applicable thereto.
Neither the acquisition of any Heritage Preserve nor the registration of any Heritage Site nor any action taken by the board of the department under any of the provisions of this chapter shall void or replace any protective status under law which an area would have were it not a Heritage Preserve or Heritage Site, the protective provisions of this chapter being supplemental thereto.
HISTORY: 1976 Act No. 600 Section 12; 1993 Act No. 181, Section 1282, eff July 1, 1994.
Effect of Amendment
The 1993 amendment substituted "board of the department" for "commission".
2023 South Carolina Code of Laws › Title 51 - Parks, Recreation and Tourism › Chapter 17 - Heritage Trust Program › Section 51-17-130. Enforcement; penalties.

1. Enforcement officers of the Natural Resources Enforcement Division of the Department of Natural Resources, park rangers, and forestry rangers, as well as all other state and local law enforcement officials, shall have authority to enforce the provisions of this chapter.
2. The Attorney General shall enforce the rules and regulations of the board of the department both as they apply to those areas dedicated as well as those that are subsequently made a part of the corpus of the South Carolina Heritage Trust. In exercise of this authority, the Attorney General may, among other things and at the request of the board of the department, bring an action for injunctive or declaratory relief in any court of competent jurisdiction.
3.(a) Any person violating the provisions of this chapter where the damage to the property does not exceed five hundred dollars is guilty of a misdemeanor and, upon conviction, shall be fined not more than one hundred dollars or be imprisoned not more than thirty days for each offense.
(b) Any person violating the provisions of this chapter where the damage to the property exceeds five hundred dollars is guilty of a misdemeanor and, upon conviction, shall be fined not less than five hundred dollars nor more than five thousand dollars or be imprisoned not more than six months, or both, for each offense.
HISTORY: 1976 Act No. 600 Section 13; 1993 Act No. 181, Section 1282, eff July 1, 1994.
Effect of Amendment
The 1993 amendment substituted "Enforcement officer of the Natural Resources Enforcement Division of the Department of Natural Resources" for "Conservation officers".
2023 South Carolina Code of Laws › Title 51 - Parks, Recreation and Tourism › Chapter 17 - Heritage Trust Program › Section 51-17-140. Heritage Trust properties; approval by county delegation.

No acquisition may be made under this chapter in any county without written approval of a majority of the county delegation in the county where Heritage Trust properties are to be acquired.
HISTORY: 1976 Act No. 600 Section 14; 1993 Act No. 181, Section 1282, eff July 1, 1994; 2000 Act No. 387, Part II, Section 87, eff June 30, 2000; 2019 Act No. 72 (H.4010), Section 1, eff May 16, 2019.
Effect of Amendment
The 1993 amendment changed "such property" to "the property".
The 2000 amendment increased the maximum acreage to be acquired from one hundred thousand acres to one hundred fifty thousand acres and made other nonsubstantive changes.
2019 Act No. 72, Section 1, deleted the first sentence, which had provided that not more than one hundred fifty thousand acres total of real property shall be acquired under the provisions of this chapter.
2023 South Carolina Code of Laws › Title 51 - Parks, Recreation and Tourism › Chapter 17 - Heritage Trust Program › Section 51-17-150. Annual report.

The South Carolina Department of Natural Resources, as trustee for the Heritage Land Trust Fund, shall report annually to the Committee on Ways and Means of the House of Representatives and the Senate Finance Committee detailing acquisitions in the previous year by the Heritage Land Trust Fund and planned acquisitions for the next five years.
HISTORY: 1986 Act No. 540, Part II, Section 10B; 1993 Act No. 181, Section 1282, eff July 1, 1994.
Effect of Amendment
The 1993 amendment substituted "Department of Natural Resources" for "Wildlife and Marine Resources".
2023 South Carolina Code of Laws › Title 51 - Parks, Recreation and Tourism › Chapter 18 - War Between The States Heritage Trust Program › Section 51-18-20. Legislative findings.

The General Assembly finds that as a part of the continuing growth of the population and the development of the economy of the State it is necessary and desirable that portions of the State rich in history be set aside as War Between the States Heritage Preserves and Sites and protected for the benefit of present and future generations, for once disturbed they cannot be wholly restored. Such areas and features are irreplaceable as laboratories for historic and cultural research and as living museums where people may observe and enjoy examples of the lands, structures, and related artifacts that represent significant parts of our historical and cultural heritage.
A coordinated and concerted program is needed to insure the maximum conservation of these resources through the establishment of a more effective and adequate official legal mechanism for identifying, recognizing, and protecting such areas for their outstanding characteristics. While the preservation of all of these assets in their natural state is both impractical and often not necessarily in the total best interest of the State and the public, they exist in limited and decreasing quantities. The time is now for a decision to be made as to which of these areas and sites deserve increased protection and for selecting the most appropriate means for doing so.
It is, therefore, the public policy of this State to secure for the people, both present and future generations, the benefits of an enduring resource of historically significant cultural areas and features by establishing a system of War Between the States Heritage Preserves and Sites; protecting this system; gathering and disseminating information regarding it; establishing and maintaining a listing of War Between the States Heritage Preserves and Sites; and otherwise encouraging and assisting in the preservation of natural and cultural areas and features of this State.
HISTORY: 2000 Act No. 387, Part II, Section 52A, eff July 1, 2000.
2023 South Carolina Code of Laws › Title 51 - Parks, Recreation and Tourism › Chapter 18 - War Between The States Heritage Trust Program › Section 51-18-30. Program goals.

The War Between the States Heritage Trust Program is created to achieve the following goals by protecting lands and making them available to state agencies, educational institutions, and public and private groups for the following purposes:
(1) for research in such fields as history, archeology, agriculture, forestry, paleontology, and similar fields by governmental employees, educational and scientific groups, as well as by private individuals;
(2) for the teaching of history, archeology, agriculture, forestry, paleontology, and other subjects;
(3) as cultural materials;
(4) as places of natural and cultural interests and beauty whereby through visitation the public may observe, value, and enjoy unique recreational opportunities of a type not generally available through the existing State Park System;
(5) to promote the understanding and appreciation of the aesthetic, historical, cultural, and scientific values of such areas and features by the people of the State;
(6) for the preservation and protection of War Between the States Heritage Preserves and Sites against modification or encroachment resulting from occupation, development, or other uses which would destroy their natural and cultural character; and
(7) as places for maintaining representative lands and related structures which illustrate periods, events, styles, and uses of the land in our state's historic and cultural heritage.
HISTORY: 2000 Act No. 387, Part II, Section 52A, eff July 1, 2000.
2023 South Carolina Code of Laws › Title 51 - Parks, Recreation and Tourism › Chapter 18 - War Between The States Heritage Trust Program › Section 51-18-40. Commission created.

There is created a War Between the States Heritage Trust Commission which must consist of nine members. Three members must be appointed from the Senate by the President of the Senate; three members must be appointed from the House of Representatives by the Speaker of the House; and three members must be appointed by the Governor, one at the recommendation of War Between the States historical groups such as Sons of Confederate Veterans and Daughters of the Confederacy, one at the recommendation of African-American historical groups such as Avery Institute, and one from historical, preservation, and archeological groups such as the South Carolina Historical Society and Daughters of the American Revolution. The terms of the members shall be coterminous with the term of their appointing authority. The commission shall elect a chairman from among its membership and such other officers as it shall deem necessary.
HISTORY: 2000 Act No. 387, Part II, Section 52A, eff July 1, 2000; 2008 Act No. 273, Section 12, eff June 4, 2008; 2019 Act No. 1 (S.2), Section 62, eff January 31, 2019.
Effect of Amendment
The 2008 amendment in the second sentence deleted "with the advice and consent of the Senate" following 'Governor".
2019 Act No. 1, Section 62, in the second sentence, substituted "President of the Senate" for "President Pro Tempore of the Senate".
2023 South Carolina Code of Laws › Title 51 - Parks, Recreation and Tourism › Chapter 18 - War Between The States Heritage Trust Program › Section 51-18-60. Advisory Board created.

The War Between the States Heritage Trust Advisory Board is created to assist the commission in carrying out its duties and responsibilities under this chapter. The advisory board shall consist of thirteen members who must be chosen as follows and shall elect from its membership a chairman:
(1) From the general public, eight persons, one from each congressional district within the State and one at large, who must be appointed by the Governor and serve for a term of six years. These persons must be residents of the State who are recognized experts in the history and archeology of the State who have demonstrated an interest in historical, cultural, and natural preservation of historical sites and who have a background in South Carolina history and/or African-American history and/or Confederate history. The term "expert" does not of necessity denote a professional but one learned and interested in the field.
(2) From state government, the following persons or their designees:
(a) the Chairman of the Board of the Department of Natural Resources;
(b) the Director of the South Carolina Department of Parks, Recreation, and Tourism;
(c) the Chairman of the Board of the Department of Archives and History;
(d) the Chairman of the Board of the State Museum Commission; and
(e) the Curator or Director of the South Carolina Confederate Relic Room and Military Museum.
HISTORY: 2000 Act No. 387, Part II, Section 52A, eff July 1, 2000; 2008 Act No. 273, Section 13, eff June 4, 2008; 2012 Act No. 279, Section 23, eff June 26, 2012.
Effect of Amendment
The 2008 amendment, in item (1), in the first sentence deleted "with the advice and consent of the Senate" following "Governor".
The 2012 amendment changed the board membership from eleven to thirteen; in item (1) substituted "eight persons" for "six persons", and added "and one at large,"; deleted the former provisions regarding initial appointees; and made other nonsubstantive changes.
2023 South Carolina Code of Laws › Title 51 - Parks, Recreation and Tourism › Chapter 18 - War Between The States Heritage Trust Program › Section 51-18-70. Advisory board, powers and duties.

The War Between the States Heritage Trust Advisory Board shall have the following powers and duties:
(1) to review the inventories prepared and submitted by the commission and other state agencies, as well as other appropriate sources of information, and to recommend therefrom to the commission the selection of those areas and features as priority areas and features that it deems to be of primary importance to the goals and purposes of this chapter;
(2) to evaluate, review, and examine proposals of the commission and other state agencies, as well as citizen recommendations, for the dedication or recognition of specific areas and features as War Between the States Heritage Preserves and Sites, and from its expertise to recommend to the commission the dedication or recognition of such areas and features which it feels proper;
(3) to recommend to the commission any rules, regulations, management criteria, allowable uses, and such which the advisory board feels would be beneficial to carrying out the goals and purposes of this chapter;
(4) to assist in maintaining a list of areas and sites which through dedication become War Between the States Heritage Preserves or Sites and to make public information regarding their location, management, regulation, and permissible public uses and the like; and
(5) to utilize the resources of the agencies represented on the board to do research and investigation for inventory and assessment purposes, including the reasonable right of entry and inspection, and to disseminate information and recommendations pertaining to natural and related cultural areas and features.
HISTORY: 2000 Act No. 387, Part II, Section 52A, eff July 1, 2000.
2023 South Carolina Code of Laws › Title 51 - Parks, Recreation and Tourism › Chapter 18 - War Between The States Heritage Trust Program › Section 51-18-100. Registration.

In any case wherein a priority feature is either unsuited or unavailable for acquisition as War Between the States Heritage Preserve, the commission in agreement with the owner thereof may recognize such for its importance by registering it as a Heritage Site through the following registration procedures:
(1) The commission through its research and consultation with the owners of properties selected as priority features shall notify the advisory board of those which are unsuited or unavailable for dedication but for which the owners have made application for recognition as Heritage Sites through registration.
(2) The advisory board shall review such applications and shall recommend to the commission the approval of those which it deems worthy of preservation through registration as Heritage Sites.
(3) From the advisory board's recommendations, the commission shall approve those applications for recognition as Heritage Sites which it deems deserving and appropriate for carrying out the purposes of this chapter.
(4) Upon approval of an application by the commission, the commission may enter into a written agreement of registration with the owner of the feature concerned whereby the State shall give public recognition of the importance of the area or feature as a Heritage Site and the owner shall express his intent to preserve it.
(5) The commission shall erect and maintain an appropriate sign on the Heritage Site indicating its recognition and the owner thereof shall be given a certificate acknowledging its registration.
(6) The registration agreement may be terminated by the owner or the commission at any time upon thirty days' notification to the other party. Such termination shall remove the feature from the Heritage Site Program, and any certificate previously issued therefor or sign erected shall be returned to the commission by the property owner.
(7) Unless the registration agreement is terminated, the owner of a Heritage Site shall maintain its essential natural character.
HISTORY: 2000 Act No. 387, Part II, Section 52A, eff July 1, 2000.
2023 South Carolina Code of Laws › Title 51 - Parks, Recreation and Tourism › Chapter 18 - War Between The States Heritage Trust Program › Section 51-18-110. Funding; user fees.

The commission shall annually request such appropriations as it deems necessary to carry out the activities of the commission and the advisory board. Funding for management of areas and features that become War Between the States Heritage Preserves must be specifically requested by the commission or that entity of government responsible for management thereof.
The commission shall select those War Between the States Heritage Preserves for which it is appropriate to charge an individual user fee. The commission may sell such user permits for a cost not to exceed five dollars and to be valid for the fiscal year in which issued at all War Between the States Heritage Preserves where a permit is required. At the end of the fiscal year, the commission shall distribute the funds collected among the entities of government assigned responsibility for management in direct proportion to the acreage which they manage. The proceeds of the sale of the user permits must be used to defray the management expenses.
HISTORY: 2000 Act No. 387, Part II, Section 52A, eff July 1, 2000.
2023 South Carolina Code of Laws › Title 51 - Parks, Recreation and Tourism › Chapter 18 - War Between The States Heritage Trust Program › Section 51-18-115. Preserve Trust Fund created.

(A) There is created the War Between the States Heritage Preserve Trust Fund, which must be kept separate from other funds of the State. The fund must be administered by the commission for the purpose of acquiring fee simple or lesser interest in priority areas, legal fees, appraisals, surveys, or other costs involved in the acquisition of interest in priority areas and for the development of minimal facilities and management necessary for the protection of the essential character of priority areas.
(B) Unexpended balances, including interest derived from the fund, must be carried forward each year and used only for the purposes provided in this chapter.
(C) No fund money may be expended to acquire interest in property by eminent domain and no funds may be expended to acquire interest in property without the approval of a majority of the War Between the States Heritage Trust Commission. The commission shall report by letter to the Speaker of the House of Representatives and the President of the Senate not later than January fifteenth 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 trust fund is eligible to receive appropriations of state general funds, federal funds, donations, gifts, bond issue receipts, securities, and other monetary instruments of value. Reimbursement for monies expended from this fund must be deposited in this fund. Funds received through sale, exchange, or otherwise of any War Between the States Heritage Preserve acquired under this section, or products of the preserve such as timber, utility easement rights, and the like, accrue to the fund.
HISTORY: 2000 Act No. 387, Part II, Section 52A, eff July 1, 2000; 2019 Act No. 1 (S.2), Section 63, eff January 31, 2019.
Effect of Amendment
2019 Act No. 1, Section 63, inserted the paragraph designators; and in (C), in the second sentence, substituted "President of the Senate" for "President Pro Tempore of the Senate".
2023 South Carolina Code of Laws › Title 51 - Parks, Recreation and Tourism › Chapter 18 - War Between The States Heritage Trust Program › Section 51-18-118. Donations.

The trust is authorized to receive and dispose of donations of real and personal property. In furtherance of this section the commission may:
(1) receive donations of real and personal property including, but not limited to, land, houses, stocks, and bonds;
(2) on its own or by its agent, sell donated property and deposit any proceeds to the Heritage Land Trust Fund for use in accordance with the purposes established in this chapter;
(3) establish minimum acceptable prices for disposition of donated property;
(4) trade donated property for property of equal value;
(5) promote donations to the program through advertising; or
(6) decline donations for any reason.
HISTORY: 2000 Act No. 387, Part II, Section 52A, eff July 1, 2000.
2023 South Carolina Code of Laws › Title 51 - Parks, Recreation and Tourism › Chapter 18 - War Between The States Heritage Trust Program › Section 51-18-120. State or local parks, preserves, wildlife refuges, forests, or other areas.

Nothing contained in this chapter shall be construed as interfering with the purposes stated in the establishment of or pertaining to any state or local park, preserve, wildlife refuge, forest, or other area or the proper management and development thereof, except that any agency managing an area or feature acquired as a War Between the States Heritage Preserve or a Heritage Site under the provisions of this chapter shall preserve it in accordance with the applicable conveyance, registration agreement, and the regulations of the commission applicable thereto.
Neither the acquisition of any War Between the States Heritage Preserve nor the registration of any Heritage Site nor any action taken by the commission under any of the provisions of this chapter shall void or replace any protective status under law which an area would have were it not a War Between the States Heritage Preserve or Heritage Site, the protective provisions of this chapter being supplemental thereto.
HISTORY: 2000 Act No. 387, Part II, Section 52A, eff July 1, 2000.