reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 23 - South Carolina Drought Response Act › Section 49-23-50. Functions of department.

Consistent with the South Carolina Water Resources Planning and Coordination Act, as provided in Chapter 3 of Title 49, the department, without limiting its general authority, shall:
(a) routinely monitor and record data necessary for the determination of drought conditions;
(b) make investigations it considers proper to determine whether action by the department in discharging its duties is necessary;
(c) determine levels of drought after consultation with the Drought Response Committee based upon data collected;
(d) establish drought management areas within the State in order to:
(1) enable drought mitigation to be accomplished within defined geographical areas;
(2) prevent overly broad response to drought. Statewide action usually should not be taken in instances in which action in a particular area experiencing drought is more appropriate. Establishment of drought management areas by the department in no way limits the department's or the Drought Response Committee's authority to act in an area smaller than a drought management area, such as a county or watershed.
(e) establish drought alert phases based upon drought levels and at each drought alert phase:
(1) notify public water suppliers, special purpose districts, and municipal and county governments in the affected drought management area, persons designated on notification lists, and other appropriate agencies and individuals;
(2) The department shall publish notice of each drought alert phase at least once in a newspaper of general circulation in the areas affected and provide notice to the media in each drought management area at each drought alert phase;
(3) take any other action appropriate to announce a drought alert;
(f) coordinate and implement responses to announced drought alert phases after required notification;
(g) execute the regulations promulgated by the department reasonably necessary to collect and distribute information, convene committees, promote water conservation, govern practice and procedure before the department, and fulfill its duties and the purposes of this chapter.
HISTORY: 1985 Act No. 63, Section 3; 1993 Act No. 181, Section 1250; 2000 Act No. 366, Section 3.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 23 - South Carolina Drought Response Act › Section 49-23-60. Coordination of drought response; establishment of local drought response committees.

(A) The department shall coordinate appropriate drought response upon consultation with the Drought Response Committee composed of two parts:
(1) a statewide committee composed of the following state agencies: South Carolina Emergency Management Division of the Office of the Adjutant General, South Carolina Department of Health and Environmental Control, Department of Agriculture, South Carolina Forestry Commission, and South Carolina Department of Natural Resources;
(2) a local committee within each drought management area. The local committees shall consist of the following members to be appointed by the Governor to represent the following interests: counties, municipalities, public service districts, private water suppliers, agriculture, industry, domestic users, regional councils of government, commissions of public works, power generation facilities, special purpose districts and Soil and Water Conservation Districts; however, there may not be more than two members on a local committee from each county within the drought management area. The Governor may appoint additional members as necessary to ensure broadbased input on the committee and may make interim appointments when the General Assembly is not in session. The statewide committee shall coordinate planning and response only upon consultation with the appropriate local committee in the impacted drought management area during moderate, severe, and extreme drought declarations. The Governor shall appoint the chair of the Drought Response Committee. The department shall provide administrative support.
(B) The Drought Response Committee shall convene as necessary upon call by the chair. In carrying out its responsibilities, the Drought Response Committee shall consult with and invite participation by notifying representatives of municipalities, counties, public and private water suppliers, public service districts, power generation facilities, industries, special purpose districts, private citizens, and commissions of public works in affected drought management areas and by providing notice to the media in each drought management area of the date, time, and location of the Drought Response Committee meetings and subsequent notice of actions taken by the committee.
(C) The department may consult and cooperate with federal agencies and agencies of the states of Georgia and North Carolina in carrying out its responsibilities under this chapter.
HISTORY: 1985 Act No. 63, Section 3; 1993 Act No. 181, Section 1250; 2000 Act No. 366, Section 3; 2002 Act No. 190, Section 9; 2008 Act No. 273, Section 10, eff June 4, 2008.
Effect of Amendment
The 2008 amendment, in paragraph (A)(2), in the second sentence deleted "with the advice and consent of the Senate" following "Governor".
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 23 - South Carolina Drought Response Act › Section 49-23-80. Emergency action by Governor.

If the Drought Response Committee determines that the severity of the conditions in a drought management area have progressed to the extent that the safety, health, of the citizens of the area are threatened, the committee shall expeditiously report the conditions to the Governor. The committee shall also present the Governor with a priority list of recommended actions designed to alleviate the effects of drought conditions in affected drought management areas. Pursuant to the authority in Section 21 of Part II of Act 199 of 1979, the Governor may declare a drought emergency. In addition to exercising existing authority pursuant to Section 21 of Part II of Act 199 of 1979, the Governor may issue emergency proclamations and emergency regulations to require curtailment of water withdrawals or to allocate water on an equitable basis. Notwithstanding any provisions of Section 21 of Part II of Act 199 of 1979, emergency action ordered by the Governor in response to a drought emergency may continue so long as conditions giving rise to the declaration of the emergency continue to threaten safety, health.
HISTORY: 1985 Act No. 63, Section 3; 1993 Act No. 181, Section 1250; 2000 Act No. 366, Section 3.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 23 - South Carolina Drought Response Act › Section 49-23-90. Authority for local and agency drought response ordinances.

(A) Municipalities, counties, public service districts, special purpose districts, and commissions of public works engaged in the business or activity of supplying water for any purpose shall develop and implement drought response ordinances or plans where authority to enact ordinances does not exist. The ordinances or plans must be consistent with the State Drought Response Plan, implemented through the regulations adopted pursuant to this chapter. The department shall prepare and distribute a model drought response ordinance or plan.
(B) A proposed ordinance or plan or a change to an ordinance or plan first must be submitted to the department for review to determine consistency with the State Drought Response Plan.
HISTORY: 1985 Act No. 63, Section 3; 1993 Act No. 181, Section 1250; 2000 Act No. 366, Section 3.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 23 - South Carolina Drought Response Act › Section 49-23-100. Penalties.

(A) A person violating a provision of this chapter is guilty of a misdemeanor and, upon conviction, must be fined not less than fifty dollars and not more than one thousand dollars for each violation. In addition, if a person is adjudged to have committed the violation willfully, the court may determine that each day during which the violation continued constitutes a separate offense.
(B) In addition, upon violation of any of the provisions of this chapter, or the regulations of the department, the director, either before or after the institution of criminal proceedings, may institute a civil action in the circuit court in the name of the State for injunctive relief. Neither the institution of the actions nor any of the proceedings relating to them shall relieve any party to the proceedings from the penalty prescribed by this chapter for any violation of the provisions of the chapter.
HISTORY: 1985 Act No. 63, Section 3; 1993 Act No. 181, Section 1250; 2000 Act No. 366, Section 3.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 25 - Office Of State Climatology › Section 49-25-10. Creation of South Carolina State Climatology Office.

There is created within the Department of Natural Resources the South Carolina State Climatology Office.
HISTORY: 1986 Act No. 479, Section 1; 1993 Act No. 181, Section 1251.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 25 - Office Of State Climatology › Section 49-25-20. Appointment of state climatologist.

The director shall appoint the state climatologist who shall serve as director of the office.
HISTORY: 1986 Act No. 479, Section 1; 1993 Act No. 181, Section 1251.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 25 - Office Of State Climatology › Section 49-25-30. Powers and duties of office.

The office has the following powers and duties:
1. to serve as a climatological focal point for state government and its agencies;
2. to provide climatological support to the department and other state agencies as required, including collection and analysis of climatic data, such as drought, flood, rainfall, storms, and other climatic information that affect water management in South Carolina;
3. to acquire, archive, process, and disseminate all climatic and weather information which is or may be of value to policy and decision makers in the State;
4. to act as the representative of the State in all climatological and meteorological matters within and outside the State;
5. to prepare, publish, and disseminate regular climatic information for those individuals, agencies, and organizations whose activities are related to the welfare of the State and are affected by climate and weather, and to serve as a source of climatic information for the citizens of South Carolina;
6. to conduct and report on studies of climate and weather phenomena of significant socioeconomic importance to the State;
7. to evaluate the significance of natural, man-made, deliberate, and inadvertent changes or modifications in the climate and weather affecting the State, and to report this information to those agencies and organizations in the State which are likely to be affected by the changes or modifications.
HISTORY: 1986 Act No. 479, Section 1; 1993 Act No. 181, Section 1251.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 25 - Office Of State Climatology › Section 49-25-40. Certification of copies as authentic reproductions of weather records; presentation of annual report.

The state climatologist may certify copies as being authentic reproductions of weather records held in the State and shall present a report each year to the board of the Department of Natural Resources concerning the activities of the climatic program and other information which the board may consider necessary.
HISTORY: 1986 Act No. 479, Section 1; 1993 Act No. 181, Section 1251.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 27 - Lake Wylie Marine Commission › Section 49-27-10. Definitions.

For purposes of this chapter:
(1) "Board" means the board of commissioners of Mecklenburg and Gaston Counties, North Carolina, and the county council of York County, South Carolina.
(2) "Commission" means the Lake Wylie Marine Commission or its governing board as the case may be.
(3) "Commissioner" means a member of the governing board of the Lake Wylie Marine Commission.
(4) "Three counties" means Mecklenburg and Gaston Counties, North Carolina, and York County, South Carolina.
(5) "Joint ordinance" means an ordinance substantially identical in content adopted separately by the board in each of the three counties.
(6) "Lake Wylie" means the impounded body of water along the Catawba River in the three counties extending from the base of Mountain Island Dam downstream to the Catawba Dam.
(7) "Shoreline area" means, except as restricted by a joint ordinance, the area within the three counties lying within one thousand feet of the mean high-water line (five hundred seventy feet) on Lake Wylie. In addition, the shoreline area includes all islands within Lake Wylie and all peninsulas extending into the waters of Lake Wylie.
(8) "Wildlife Commission" means the North Carolina Wildlife Resources Commission and the South Carolina Department of Natural Resources.
HISTORY: 1987 Act No. 176, Section 1; 1988 Act No. 679, Section 1; 1993 Act No. 181, Section 1252.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 27 - Lake Wylie Marine Commission › Section 49-27-20. Authority to create commission; powers and duties; unilateral withdrawal from commission; dissolution of commission; distribution of property.

The three counties may by joint ordinance create the Lake Wylie Marine Commission. Upon its creation, the commission has the powers, duties, and responsibilities conferred upon it by joint ordinance subject to the laws of each applicable state. The provisions of any joint ordinance may be modified, amended, or rescinded by a subsequent joint ordinance. A county may unilaterally withdraw from participation as required by any joint ordinance or the provisions of this chapter once the commission has been created. Any county may, by ordinance, unilaterally withdraw from the commission at the end of any budget period upon ninety days' prior written notice. Upon the effectuation of the withdrawal, the commission is dissolved and all property of the commission must be distributed to or divided among the three counties and any other public agency or agencies serving the Lake Wylie area in a manner considered equitable by the commission by resolution adopted prior to dissolution.
HISTORY: 1987 Act No. 176, Section 2; 1988 Act No. 679, Section 1.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 27 - Lake Wylie Marine Commission › Section 49-27-30. Governing board; appointment and terms of commissioners.

Upon its creation, the commission shall have a governing board of seven. Except as otherwise provided for the first four-year period, each commissioner shall serve either a three or a four-year term with commissioners to serve overlapping terms so that two commissioner appointments are made each year. Upon creation of the commission, the Board of Commissioners of Gaston County shall appoint three commissioners and the boards of the other two counties shall appoint two each. These initial appointees shall serve until September thirtieth following their appointment. Thereafter, appointments must be made for terms beginning each October first by the respective boards of the three counties as follows:
(1) First Year: Three commissioners from Gaston, one appointed for a one-year term, one appointed for a three-year term, and one appointed for a four-year term; two commissioners from Mecklenburg, one appointed for a one-year term and one appointed for a two-year term; two commissioners from York, one appointed for a two-year term and one appointed for a three-year term.
(2) Second Year: Two commissioners from Mecklenburg, one appointed for a three-year term and one appointed for a four-year term.
(3) Third Year: Two commissioners from York, one appointed for a three-year term and one appointed for a four-year term.
(4) Fourth year: Two commissioners from Gaston, one appointed for a three-year term and one appointed for a four-year term.
(5) Fifth and succeeding years: Appointments for one three-year and one four-year term in rotation by county in the order set out above. On the death of a commissioner, resignation, incapacity, or inability to serve, as determined by the board appointing the commissioner, or removal of the commissioner for cause, as determined by the board appointing the commissioner, the board affected may appoint another commissioner to fill the unexpired term.
HISTORY: 1987 Act No. 176, Section 3; 1988 Act No. 679, Section 1.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 27 - Lake Wylie Marine Commission › Section 49-27-40. Compensation and expenses of commissioners, consultants, and staff.

The joint ordinance shall state the terms relating to compensation to commissioners, if any, compensation of consultants and staff members employed by the commission, and reimbursement of expenses incurred by commissioners, consultants, and employees. The commission is governed by these budgetary and accounting procedures as may be specified by joint ordinance.
HISTORY: 1987 Act No. 176, Section 48; 1988 Act No. 679, Section 1.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 27 - Lake Wylie Marine Commission › Section 49-27-50. Meetings of governing board; election of chairman and officers; rules and regulations.

Upon creation of the commission, its governing board shall meet at a time and place agreed upon by the boards of the three counties concerned. The commissioners shall elect a chairman and such officers as they may choose. All officers shall serve one-year terms. The governing board shall adopt such rules and regulations as it may consider necessary, not inconsistent with the provisions of chapter or of any joint ordinance or the laws of the appropriate state, for the proper discharge of its duties and for the governance of the commission. In order to conduct business, a quorum must be present. The chairman may adopt those committees as may be authorized by such rules and regulations. The commission shall meet regularly at those times and places as may be specified in its rules and regulations or in any joint ordinance. However, meetings of the commission must be held in all three counties on a rotating basis so that an equal number of meetings is held in each county. Special meetings may be called as specified in the rules and regulations. As to meetings held within South Carolina, the provisions of Chapter 4 of Title 30, Code of Laws of South Carolina, 1976, (Freedom of Information Act) apply. As to meetings held within North Carolina, the provisions of that state's Open Meetings Law, Article 33C of Chapter 143 of the North Carolina General Statutes apply.
HISTORY: 1987 Act No. 176, Section 5; 1988 Act No. 679, Section 1.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 27 - Lake Wylie Marine Commission › Section 49-27-70. Filing and distribution of ordinances or joint resolutions; effective date; admissibility as evidence.

(A) A copy of the joint ordinance creating the commission and of any joint ordinance amending or repealing the joint ordinance creating the commission must be filed with the Executive Director of the North Carolina Wildlife Resources Commission and the Director of the South Carolina Department of Natural Resources. When the directors receive ordinances that are in substance identical from all three counties concerned, they, in accordance with procedures agreed upon, shall, within ten days, certify this fact and distribute a certified single ordinance text to the following:
(1) the Secretary of State of North Carolina and the Secretary of State of South Carolina;
(2) the clerk to the governing board of each of the three counties;
(3) the clerk of superior court of Mecklenburg and Gaston Counties and the clerk of court of York County. Upon request, the directors also shall send a certified single copy of any and all applicable joint ordinances to the chairman of the commission;
(4) a newspaper of general circulation in the three counties.
(B) Unless a joint ordinance specifies a later date, it shall take effect when the directors' certified text has been submitted to the Secretaries of State for filing. Certifications of the directors under the seal of the commission as to the text or amended text of any joint ordinance and of the date or dates of submission to the Secretaries of State is admissible in evidence in any court. Certifications by any clerk of superior court or county clerk of court of the text of any certified ordinance filed with him by the directors is admissible in evidence and the directors' submission of the ordinance for filing to the clerk shall constitute prima facie evidence that the ordinance was on the date of submission also submitted for filing with the Secretary of State. Except for the certificate of a clerk as to receipt and date of submission, no evidence may be admitted in court concerning the submission of the certified text of any ordinance by the directors to any person other than the Secretary of State.
HISTORY: 1987 Act No. 176, Section 7; 1988 Act No. 679, Section 1; 1993 Act No. 181, Section 1253.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 27 - Lake Wylie Marine Commission › Section 49-27-90. Jurisdiction of law enforcement officers; special officers.

(A) Where a joint ordinance so provides, all law enforcement officers, or those officers as may be designated in the joint ordinance, with territorial jurisdiction as to any part of Lake Wylie or its shoreline area, within the limitations of their subject matter jurisdiction, have the authority of peace officers in enforcing the laws over all of Lake Wylie and its shoreline area.
(B) Where a joint ordinance provides it, the commission may hire special officers to patrol and enforce the laws on Lake Wylie and its shoreline area. These special officers have and may exercise all the powers of peace officers generally within the area in question and shall take the oaths and are subject to all provisions of law relating to law enforcement officers.
(C) Every criminal violation must be tried in the county where it occurred. However, a certificate of training by the South Carolina Criminal Justice Academy, or a similar certificate issued by the North Carolina Criminal Justice Education and Training Standards Commission or the North Carolina Sheriffs' Education and Training Standards Commission, will suffice for certification in both states for the purposes of this chapter.
(D) Where a law enforcement officer with jurisdiction over any part of Lake Wylie or its shoreline area is performing duties relating to the enforcement of the laws on Lake Wylie or in its shoreline area, he has such extraterritorial jurisdiction as may be necessary to perform his duties. These duties include investigation of crimes an officer reasonably believes have been, or are about to be, committed within the area in question. This includes traversing by reasonable routes from one portion of this area to another although across territory not within the boundaries of Lake Wylie and its shoreline area; conducting prisoners in custody to a court or detention facilities as may be authorized by law, although this may involve going outside the area in question; execution of process connected with any criminal offense alleged to have been committed within the boundaries in question, except that this process may not be executed by virtue of this provision beyond the boundaries of the three counties. This also includes continuing pursuit of and arresting any violator or suspected violator as to which grounds for arrest arose within the area in question.
(E) Where law enforcement officers are given additional territorial jurisdiction under the provisions of this section, this is considered an extension of the duties of the office held and no officer shall take any additional oath or title of office.
HISTORY: 1987 Act No. 176, Section 9; 1988 Act No. 679, Section 1.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 28 - Lake Wateree Marine Advisory Commission › Section 49-28-10. Definitions.

For purposes of this chapter:
(1) "Board" means the county councils of Fairfield, Kershaw, and Lancaster Counties, South Carolina.
(2) "Commission" means the Lake Wateree Marine Advisory Commission or its governing board.
(3) "Commissioner" means a member of the governing board of the Lake Wateree Marine Advisory Commission.
(4) "Three counties" means Fairfield, Kershaw, and Lancaster Counties, South Carolina.
(5) "Joint ordinance" means an ordinance substantially identical in content adopted separately by the three counties.
(6) "Lake Wateree" means the impounded body of water in the three counties extending from the Wateree Dam upstream to the Cedar Creek and Rock Creek Dam and is encompassed by approximately two hundred forty-two miles of shoreline and having a surface area of approximately thirteen thousand seven hundred ten acres.
(7) "Department" means the South Carolina Department of Natural Resources.
HISTORY: 2004 Act No. 305, Section 1.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 28 - Lake Wateree Marine Advisory Commission › Section 49-28-20. Creation and dissolution of commission.

The three counties may by joint ordinance create the Lake Wateree Marine Advisory Commission. Upon its creation, the commission has the powers, duties, and responsibilities conferred upon it by joint ordinance subject to the laws of the State of South Carolina. The provisions of a joint ordinance may be modified, amended, or rescinded by a later joint ordinance. A county may withdraw unilaterally from participation as required by a joint ordinance or the provisions of this article once the commission is created. A county, by ordinance, may withdraw unilaterally from the commission at the end of a budget period upon ninety days' prior written notice. If a county withdraws from participation, the commission is dissolved and all property of the commission must be distributed to or divided among the counties and other public agency or agencies serving the Lake Wateree area. Distribution must be in a manner considered equitable by the commission and pursuant to a resolution adopted before the dissolution.
HISTORY: 2004 Act No. 305, Section 1.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 28 - Lake Wateree Marine Advisory Commission › Section 49-28-30. Governing board; appointment of members; terms; filling vacancies.

Upon its creation, the commission's governing board must consist of two members from each county appointed by the governing body of that county, plus one additional member to be appointed from the county first enacting the joint ordinance. Appointment of that additional member must rotate among the counties after each term in a sequence corresponding to the order in which the counties enacted the ordinances. Members serve for terms of four years and until their successors are appointed and qualify, except that for the commission's initial appointments, each county's governing body must designate one of its appointees to serve a two-year term after which the successor shall serve for a term of four years. Regardless of the date of appointment, terms end on July first of the applicable year. Vacancies must be filled in the manner of the original appointment for the unexpired portion of the term.
HISTORY: 2004 Act No. 305, Section 1.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 28 - Lake Wateree Marine Advisory Commission › Section 49-28-50. Meetings; election of officers; adoption of regulations; committees.

Upon creation of the commission, its governing board shall meet at a time and place agreed upon by the councils of the counties. The commissioners shall elect a chairman and other officers they consider necessary to carry out the purposes of this article. All officers serve one-year terms. The governing board shall adopt regulations, as it considers necessary, not inconsistent with the provisions of this article or of a joint ordinance or the laws of this State, for the proper discharge of its duties and for the governance of the commission. A quorum must be present to conduct business. The chairman may adopt committees authorized by the regulations. The commission shall meet regularly at times and places specified in its regulations or in a joint ordinance, except that meetings of the commission must be held in each county on a rotating basis so that an equal number of meetings are held in each county. Special meetings may be called as specified in the regulations. The provisions of Chapter 4, Title 30 of the 1976 Code apply to all commission meetings.
HISTORY: 2004 Act No. 305, Section 1.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 28 - Lake Wateree Marine Advisory Commission › Section 49-28-60. Powers of commission to hire staff, contract for services, and build and maintain facilities; federal grants; county funding; audits.

(A) Within the limits of funds available to it and subject to the provisions of this chapter and of a joint ordinance, the commission may with the approval of all three of the county councils:
(1) hire and fix the compensation of permanent and temporary employees and staff as it considers necessary in carrying out its duties;
(2) contract with consultants for services it requires;
(3) contract with the State of South Carolina, or the federal government, or any agency, department, or subdivision of them for property or services provided to or by these agencies and carry out the provisions of these contracts;
(4) contract with persons, firms, and corporations generally as to all matters over which it has a proper concern and carry out the provisions of contracts;
(5) lease, rent, purchase, or otherwise obtain suitable quarters and office space for its employees and staff, and lease, rent, purchase, or otherwise obtain furniture, fixtures, vessels, vehicles, firearms, uniforms, and other supplies and equipment necessary or desirable for carrying out the duties imposed in or under the authority of this chapter; and
(6) lease, rent, purchase, construct, otherwise obtain, maintain, operate, repair, and replace, either on its own or in cooperation with other public or private agencies or individuals, any of the following: boat docks, navigation aids, waterway markers, public information signs and notices, and other items of real and personal property designed to enhance public safety in Lake Wateree and its shoreline area, or protection of property in the shoreline area subject, however, to the provisions of Title 50 of the 1976 Code or regulations promulgated under that title.
(B) The commission may accept, receive, and disburse in furtherance of its functions funds, grants, services, or property made available by the federal government or its agencies or subdivisions, the State of South Carolina or its agencies or subdivisions, or by private and civic sources.
(C) The governing bodies of the counties may appropriate funds to the commission out of surplus funds or funds derived from nontax sources in an amount that each county considers appropriate.
(D) The commission is subject to audit requirements specified in a joint ordinance.
HISTORY: 2004 Act No. 305, Section 1.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 28 - Lake Wateree Marine Advisory Commission › Section 49-28-70. Joint county ordinances; certification by director; evidence of certification and director's submission for filing.

(A) A copy of the joint ordinance creating the commission and of a joint ordinance amending or repealing the joint ordinance creating the commission must be filed with the director of the department. When the director receives substantially identical ordinances from all three of the counties in accordance with procedures agreed upon, he shall certify this fact and distribute, within ten days, a certified single ordinance text to the following:
(1) the Secretary of State of South Carolina;
(2) the clerk to the county council of each of the three counties;
(3) the clerk of court of each of the three counties; and
(4) a newspaper of general circulation in the three counties. Upon request, the director also shall send a certified single copy of an applicable joint ordinance to the chairman of the commission.
(B) Unless a joint ordinance specifies a later date, it takes effect when the director's certified text is submitted to the Secretary of State for filing. Certifications of the director under the seal of the commission as to the text or amended text of a joint ordinance and of the date or dates of submission to the Secretary of State is admissible as evidence in any court. Certifications by a clerk of court of the text of a certified ordinance filed with him by the director is admissible as evidence and the director's submission of the ordinance for filing to the clerk is prima facie evidence that the ordinance was also submitted for filing with the Secretary of State on the date of submission. Except for the certificate of a clerk as to receipt and date of submission, evidence may not be admitted in any court concerning the submission of the certified text of an ordinance by the director to a person other than the Secretary of State.
HISTORY: 2004 Act No. 305, Section 1.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 28 - Lake Wateree Marine Advisory Commission › Section 49-28-80. Recommendations concerning use of Lake Wateree and shoreline area; adoption of joint ordinances; notice, filing, and certified copies of ordinances.

(A) The commission may make recommendations to the counties applicable to Lake Wateree and its shoreline area concerning all matters relating to or affecting the use of Lake Wateree. These recommendations may not conflict with or supersede provisions of general or special acts or of regulations of state agencies promulgated pursuant to the authority of general law. A recommendation may be adopted and enacted by the three counties pursuant to joint ordinance.
(B) The joint ordinance must specify the penalty for violation of an enactment.
(C) An enactment pursuant to this section takes effect upon passage or upon the dates stipulated in the joint ordinance, except that an enactment may not be enforced unless adequate notice of it has been posted in or on Lake Wateree or its shoreline area. Adequate notice as to an enactment affecting only a particular location may be by a sign, uniform waterway marker, posted notice, or other effective method of communicating the essential provisions of the enactment in the immediate vicinity of the location in question. If an enactment applies generally as to Lake Wateree or its shoreline area, or both, notices, signs, or markers communicating the essential provisions must be posted in high traffic areas at least three different, conspicuous places throughout the area, and notice printed in a newspaper of general circulation in the three counties.
(D) A copy of each ordinance pursuant to this section must be filed by the commission with the following persons:
(1) the Secretary of State of South Carolina;
(2) the clerk of court of each of the three counties;
(3) the director of the department.
(E) An official designated in subsection (D) may issue a certified copy of an ordinance filed with him under the seal of his office. A certified copy may be received in evidence in any proceeding.
HISTORY: 2004 Act No. 305, Section 1.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 28 - Lake Wateree Marine Advisory Commission › Section 49-28-90. Law enforcement officers; extraterritorial jurisdiction.

(A) All law enforcement officers, or those officers designated in the joint ordinance, with territorial jurisdiction as to a part of Lake Wateree or its shoreline area have the authority of peace officers in enforcing the laws over all of Lake Wateree and its shoreline area, within the limitations of their subject matter jurisdiction.
(B) If a law enforcement officer of one of the three counties with jurisdiction over any part of Lake Wateree or its shoreline area is performing duties relating to the enforcement of the laws on Lake Wateree or in its shoreline area, he has extraterritorial jurisdiction in those parts of Lake Wateree located in the three counties as may be necessary to perform his duties. These duties may include patrolling the entire area of Lake Wateree and when probable cause exists, investigate possible violations of the law. This includes traversing by reasonable routes from one portion of this area to another across territory not within the boundaries of Lake Wateree and its shoreline area; transporting across territorial boundaries prisoners in custody to a court or detention facility as may be authorized by law; execution of process connected with any criminal offense alleged to have been committed within the boundaries in question. This also includes continuing pursuit of and arresting any violator or suspected violator as to which grounds for probable cause arose within the area in question.
(C) If a law enforcement officer is given additional territorial jurisdiction pursuant to this section, it is an extension of the duties of the office held and he is not required to take any additional oath or title of office.
(D) A criminal violation must be tried in the county in which it occurred.
(E) This section does not authorize the members of the Lake Wateree Marine Advisory Commission to act as law enforcement officers.
HISTORY: 2004 Act No. 305, Section 1.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 29 - South Carolina Scenic Rivers Act › Section 49-29-20. Definitions.

Except as otherwise required by the context:
(1) "Department" means the Department of Natural Resources.
(2) "Free flowing" means existing or flowing in natural condition without impoundment, (diversion) straightening, riprapping, or other modification of the waterway. The existence of low dams, diversion works, and other minor structures at the time a river is proposed for inclusion in the State Scenic Rivers Program does not automatically bar its consideration for inclusion, but this may not be construed to authorize, intend, or encourage future construction of those structures within components of the State Scenic Rivers Program.
(3) "Management agency" means the Department of Natural Resources.
(4) "Mean highwater line" means that line which intersects with the shore in tidal waters representing the average height of high waters over an eighteen and one-half year tidal cycle. Benchmarks purporting to have established mean high or low water values must be verified by the department as meeting state and national ocean survey standards.
(5) "Ordinary highwater mark" means the natural or clear line impressed on the shore or bank in nontidal waters representing the ordinary height of water. It may be determined by bank shelving, changes in the character of the soil, destruction or absence of terrestrial vegetation, the presence of litter or debris, or a combination of the above or other appropriate criteria that consider the characteristics of the surrounding area. Ordinary highwater mark is not the line reached by floods, but it is the line to which ordinary high water usually reaches.
(6) "Perpetual easement" means a perpetual right in land of less than fee simple which:
(a) obligates the grantor and his heirs and assigns to certain restrictions constituted to maintain the scenic qualities of those lands bordering the river as determined by the State under this chapter;
(b) is restricted to the area defined in the easement deed;
(c) grants a privilege to those charged with the administration or enforcement of the provisions of this chapter to go upon the land for the purpose of compliance inspection.
(7) "River" means a flowing body of water or a section, portion, or tributary of it including rivers, streams, creeks, branches, or small natural lakes.
(8) "Road" means a highway or any hard-surface road.
HISTORY: 1989 Act No. 96, Section 1; 1993 Act No. 181, Section 1256.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 29 - South Carolina Scenic Rivers Act › Section 49-29-30. Findings and policy.

The General Assembly finds that certain selected rivers and river segments of this State possess unique or outstanding scenic, recreational, geologic, botanical, fish, wildlife, historic, or cultural values. It is the policy of the General Assembly to provide for the protection of these selected diminishing values and to preserve the state's natural heritage for the benefit and enjoyment of present and future generations. The provisions of this chapter complement and are considered part of the State Water Resources Plan as formulated by the department.
HISTORY: 1989 Act No. 96, Section 1; 1993 Act No. 181, Section 1256.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 29 - South Carolina Scenic Rivers Act › Section 49-29-40. Types of rivers eligible for inclusion in scenic rivers program.

The following types of rivers are eligible for inclusion in the State Scenic Rivers Program:
Natural rivers: those free-flowing rivers or river segments generally inaccessible except by trail or river, with adjacent lands and shorelines essentially undeveloped and its waters essentially unpolluted.
Scenic rivers: those rivers or river segments which are essentially free flowing and possess shorelines largely undeveloped and with limited road access. Adjacent lands are partially or predominantly used for agriculture, silviculture, or other dispersed human activity which does not disturb substantially the natural character of the river corridor.
Recreational rivers: those rivers or river segments accessible by road and that possess development along shorelines and adjacent lands. Included are rivers with developed or partially developed shorelines and adjacent lands for residential, commercial, or industrial purposes, rivers with parallel roads or railroads, and rivers with some impoundments. These rivers or river segments provide outstanding river-related recreational opportunities.
HISTORY: 1989 Act No. 96, Section 1; 1993 Act No. 181, Section 1256.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 29 - South Carolina Scenic Rivers Act › Section 49-29-50. Inventory and study of rivers; designation of river as eligible state scenic river; proposals for inclusion of additional rivers.

(A) The department shall inventory and study all South Carolina rivers and identify the rivers or river segments which possess unique or outstanding scenic, recreational, geological, botanical, fish, wildlife, historic, or cultural values in accordance with Section 49-29-70.
(B) Rivers or river segments identified in the inventory as possessing unique or outstanding scenic, recreational, geologic, botanical, fish, wildlife, historic, or cultural values are eligible for the State Scenic Rivers Program and may be designated as an eligible state scenic river by the department. Rivers or river segments so designated are subject to the completion of a management plan and the acquisition of management rights on adjacent riparian lands.
(C) Proposals for including additional rivers or river segments may be made by state agencies, local governments, and other governmental or citizen's groups and submitted to the department for evaluation and study.
HISTORY: 1989 Act No. 96, Section 1; 1993 Act No. 181, Section 1256.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 29 - South Carolina Scenic Rivers Act › Section 49-29-60. Public meeting on proposed designation of river as scenic river.

The department shall hold a public meeting in the vicinity of the river or river segment proposed for addition to the State Scenic Rivers Program. This public meeting must be conducted before any action by the department to designate the river or river segment as an eligible state scenic river. The purpose of this meeting is to solicit comments from the public concerning the proposed designation of a river or river segment. Notice of this meeting must be published at least thirty days before the meeting in the State Register and in a newspaper having general circulation in each county containing or bordering the river or river segment under study and in a newspaper having general circulation in the State. Landowners along the proposed river or river segment also must be notified by letter.
HISTORY: 1989 Act No. 96, Section 1; 1993 Act No. 181, Section 1256.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 29 - South Carolina Scenic Rivers Act › Section 49-29-70. Minimum criteria for assessing river's eligibility for designation as scenic river.

The department shall establish and publish minimum criteria for assessing a river's eligibility and classification under the State Scenic Rivers Program. To qualify as eligible, the river or river segment must possess unique or outstanding scenic, recreational, geological, botanical, fish, wildlife, historic or cultural values. The level of pollution of a river's waters must be considered in determining eligibility for qualification as a scenic river. A river with relatively polluted waters may qualify as eligible as a scenic river if other values are considered outstanding. The river or river segment must be managed permanently for the preservation or enhancement of its values.
HISTORY: 1989 Act No. 96, Section 1; 1993 Act No. 181, Section 1256.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 29 - South Carolina Scenic Rivers Act › Section 49-29-80. Advisory council for designated scenic river.

After eligibility procedures for a river or river segment are completed by the department, and the General Assembly ratifies such designation, the department, through the executive director, shall establish an advisory council for that scenic river. The advisory council must be appointed as early as possible to assist the work of the department. Each advisory council must consist of not less than six nor more than ten members who must be selected from local government, riparian landowners, community interests, and the department, whose staff member must serve as chairman. The riparian landowners must constitute a majority of the membership on each council. The duties of the advisory councils are to assist and advise the department concerning protection and management of each scenic river.
HISTORY: 1989 Act No. 96, Section 1; 1993 Act No. 181, Section 1256.