reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 11 - Dams › Section 49-11-170. Bringing unsafe dams to attention of department; preliminary inspections; detailed inspection at owner's expense; notice to owner; hearings.

(A) The existence of a dam which is not maintained in good repair or operating condition or may be unsafe and a danger to life or property may be brought to the attention of the department by complaint, staff, or authorized investigation or by other means.
(B) Upon staff or other authorized investigations or upon receipt of a written private complaint alleging that the person or property of the complainant is endangered by the construction, maintenance, operation, or condition of a dam or reservoir, the department shall cause a preliminary inspection of the structure and downstream development to be made by field observations to determine if the complaint is meritorious. The department may require the owner of the dam or reservoir to provide data, records, and design plans of the structure specified by regulations.
(C) If upon the preliminary inspection it is determined that the dam or reservoir is unsafe and is dangerous to life or property, the department may order the owner at his expense to make a detailed inspection of the dam and reservoir and surrounding area and to provide to the department within a time frame specified by the department plans prepared by a qualified registered professional engineer for correction of all deficiencies of the dam or to provide to the department plans and specifications for removal of the dam. In either instance the plans must be approved by the department before implementation and implemented within a time frame specified by the department. If upon inspection it is determined that the dam or reservoir has not been maintained in good repair or operating condition, the department may order the owner at his expense to accomplish the necessary maintenance or to obtain a permit for removal and to remove the dam within a time frame specified by the department.
(D) The department shall give the owner notice of its action when:
(1) a complaint has been filed alleging that the owners' dam or reservoir is unsafe and a danger to life or property stating the nature of the complaint;
(2) a preliminary inspection has been made with findings.
(E) The owner of a dam or reservoir determined through a preliminary inspection not to be maintained in good repair or operating condition or to be unsafe and a danger to life or property may request a hearing before the board of the department within thirty days after notice of the findings are delivered. The owner may submit written or present oral evidence which must be considered by the board of the department in the issuance of the order.
HISTORY: 1980 Act No. 447, Section 1; 1992 Act No. 406, Section 1; 1993 Act No. 181, Section 1248.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 11 - Dams › Section 49-11-180. Voluntary compliance; time extensions.

(A) The department may solicit voluntary compliance by the owner of a dam or reservoir found to be unsafe and a danger to life or property to take remedial steps necessary to render the dam safe.
(B) Extension of time to complete work specified in an order may be granted by the department. No extension may be granted when there appears substantial and immediate danger of dam failure.
HISTORY: 1980 Act No. 447, Section 1; 1992 Act No. 406, Section 1; 1993 Act No. 181, Section 1248.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 11 - Dams › Section 49-11-190. Emergency orders; owner to notify department of emergency; action when owner is unknown or fails to comply with order.

(A) The department immediately shall order remedial measures necessary to protect life or property if the condition of a dam or reservoir is so dangerous to the safety of life or property as not to permit time for the issuance and enforcement of a repair order or passing or imminent floods threaten overtopping erosion or destruction of a dam or reservoir capable of danger to life or property.
(B) In applying emergency measures the department has the following limited powers to order the owner to:
(1) lower the water level by releasing water from the reservoir;
(2) empty the reservoir completely;
(3) take other steps essential to safeguard life and property.
(C) For an emergency where the owner finds repairs are necessary to safeguard life or property, he may start the repairs immediately but shall notify the department at once of the proposed repair and work underway.
(D) When the owner fails to comply with the emergency order or cannot be ascertained or found, the department or its authorized agents may enter and immediately take actions necessary to provide protection to life or property, including removal of the dam. The department may recover from the owner, in the name of the State, the expenses incurred in taking the action in the same manner debts are recoverable by law.
HISTORY: 1980 Act No. 447, Section 1; 1992 Act No. 406, Section 1; 1993 Act No. 181, Section 1248.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 11 - Dams › Section 49-11-200. Department approval required for construction or alteration; exceptions.

(A) The construction of a new dam or reservoir or enlargement, removal, or repair may not begin until the owner has applied for and obtained from the department written approval of plans and specifications.
(B) Where the location and size of the dam or reservoir renders the requirements of subsection (A) and Section 49-11-210 unnecessary, the department may grant approval and waive certain nonessential requirements in instances, including, but not limited to, small dams and reservoirs for agricultural, fish or wildlife, or recreational uses on private lands and of no danger to other life or property downstream.
HISTORY: 1980 Act No. 447, Section 1; 1992 Act No. 406, Section 1; 1993 Act No. 181, Section 1248.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 11 - Dams › Section 49-11-210. Separate application required for each alteration; information to accompany application.

A separate application for each dam or reservoir and all enlargements, removals, or repairs to existing dams or reservoirs must be filed with the department upon forms to be provided by it, except only one application need be filed for a dam and the reservoir which will contain the water impounded by the dam. The application must be accompanied by maps and plans and specifications of a character and size and setting forth pertinent details and dimensions required by regulation. The application for construction of a new dam or reservoir whose failure likely would cause loss of life or substantial property damage, a dam or reservoir classified as high or significant hazard under existing regulations, must include a fully-developed emergency action plan in a format the department by regulation requires. After the dam or reservoir is constructed, this emergency action plan must be updated by the owner of the dam or reservoir each time it becomes noncurrent.
HISTORY: 1980 Act No. 447, Section 1; 1992 Act No. 406, Section 1; 1993 Act No. 181, Section 1248.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 11 - Dams › Section 49-11-220. Filing of certification of approved design; designs by federal agencies excepted.

An applicant for approval of a dam or reservoir subject to Section 49-11-200 also shall file with the department a design approved by a registered professional engineer legally qualified in the State. Dams designed by the USDA-Soil Conservation Service or other federal agencies do not require certification by a registered professional engineer.
HISTORY: 1980 Act No. 447, Section 1; 1992 Act No. 406, Section 1; 1993 Act No. 181, Section 1248.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 11 - Dams › Section 49-11-230. Inspections during construction; maximum rate of discharge for water released during construction.

(A) The department may make necessary inspections during construction of new dams and reservoirs, enlargements, removal, and repairs of dams and reservoirs and during work done pursuant to repair orders to assure compliance with the approved plans and specifications or provisions of the order.
(B) If water is to be released during the construction, repair, or removal, the department shall specify the maximum discharge rate allowable to avoid endangering or causing injury to downstream owners.
HISTORY: 1980 Act No. 447, Section 1; 1992 Act No. 406, Section 1; 1993 Act No. 181, Section 1248.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 11 - Dams › Section 49-11-240. Authority of department to inspect and enter on lands and waterways; regulations.

(A) The department or its authorized agents may inspect the dam or reservoir and surrounding area to determine the safety of the structure.
(B) An authorized member, agency, or representative of the department may enter state or private lands and natural or artificial waterways in the State to discharge the duties set forth in this article.
(C) The department shall formulate reasonable regulations, including, but not limited to, minimum safety design standards for impoundments, safety inspection standards, water discharge, or drawdown rates and levels in unsafe impoundments and for other purposes necessary to administer this article.
(D) The department shall issue all orders, permits, or licenses set forth in this article.
HISTORY: 1980 Act No. 447, Section 1; 1992 Act No. 406, Section 1; 1993 Act No. 181, Section 1248.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 11 - Dams › Section 49-11-250. Liability for actions or failure to act.

Nothing in this article and no action or failure to act under this article:
(1) imposes liability on the State, the department, districts, or an agency or its officers or employees for the recovery of damages caused by the action or failure to act; or
(2) relieves the owner or operator of a dam or reservoir of the duties, obligations, responsibilities, or liabilities arising from or incident to the ownership or operation of a dam or reservoir.
HISTORY: 1980 Act No. 447, Section 1; 1992 Act No. 406, Section 1; 1993 Act No. 181, Section 1248.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 11 - Dams › Section 49-11-260. Penalties; injunction; appeals; disposition of fines.

(A) A person violating this article is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred nor more than five hundred dollars. Each day the violation continues after notice to take corrective action is a separate offense.
(B) The department may assess an administrative fine of not less than one hundred nor more than one thousand dollars against a person who violates this article or an order issued or regulation promulgated pursuant to it. In determining the amount of the fine the department shall consider the degree and extent of harm caused by the violation and the cost of rectifying the damage. Fines assessed under this subsection may be appealed to the department who may reduce them based on information presented at the appeal hearing.
(C) Upon a violation of this article or related regulations the department may institute legal action to obtain injunctive relief in the name of the department.
(D) A person against whom a final order or decision has been made, except for emergencies specified in Section 49-11-190, may appeal to the board under the Administrative Procedures Act. The burden of proof is on the party attacking an order or a decision of the department to show that the order is unlawful or unreasonable.
(E) Civil fines collected under this article must be deposited in a special account of the department to fund educational activities relating to dams and reservoirs safety, including, but not limited to, workshops, seminars, manuals, and brochures.
HISTORY: 1980 Act No. 447, Section 1; 1992 Act No. 406, Section 1; 1993 Act No. 181, Section 1248.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 17 - Drainage Or Levee Districts Under 1911 Act › Section 49-17-10. Legislative declaration of public interest.

It is hereby declared that the drainage of swamps, the drainage of surface water from agricultural lands and the reclamation of tidal marshes shall be considered a public benefit and conducive to the public health, convenience, utility and welfare.
HISTORY: 1962 Code Section 18-201; 1952 Code Section 18-201; 1942 Code Section 6096; 1932 Code Section 6096; Civ. C. '22 Section 3150; Civ. C. '12 Section 2196; 1911 (27) 92; 1913 (28) 16; 1914 (28) 455, 460, 514; 1916 (29) 748; 1920 (31) 804.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 17 - Drainage Or Levee Districts Under 1911 Act › Section 49-17-20. Chapter to be liberally construed.

The provisions of this chapter shall be liberally construed to promote the leveeing, ditching, draining and reclamation of wet and overflowed lands.
HISTORY: 1962 Code Section 18-202; 1952 Code Section 18-202; 1942 Code Section 6132; 1932 Code Section 6132; Civ. C. '22 Section 3186; Civ. C. '12 Section 2232; 1911 (27) 92.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 17 - Drainage Or Levee Districts Under 1911 Act › Section 49-17-30. Proceedings may be ex parte or advisory.

Proceedings under this chapter may be ex parte or advisory.
HISTORY: 1962 Code Section 18-203; 1952 Code Section 18-203; 1942 Code Section 6136; 1932 Code Section 6136; Civ. C. '22 Section 3190; Civ. C. '12 Section 2236; 1911 (27) 92.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 17 - Drainage Or Levee Districts Under 1911 Act › Section 49-17-40. Effect of chapter on local drainage laws.

This chapter shall not repeal or change any local drainage laws enacted by the General Assembly.
HISTORY: 1962 Code Section 18-204; 1952 Code Section 18-204; 1942 Code Section 6137; 1932 Code Section 6137; Civ. C. '22 Section 3191; Civ. C. '12 Section 2237; 1911 (27) 92; 1917 (30) 40.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 17 - Drainage Or Levee Districts Under 1911 Act › Section 49-17-50. Drainage record.

The clerk of the court of common pleas shall provide a suitable book to be known as the "Drainage Record" in which he shall transcribe every petition, motion, order, report, judgment or finding of the board in every drainage transaction that may come before it in such a manner as to make a complete and continuous record of the case. Copies of all the maps and profiles are to be furnished by the engineer and marked by the clerk "official copies" and shall be kept on file by him in his office and one other copy shall be pasted or otherwise attached to his record book.
HISTORY: 1962 Code Section 18-205; 1952 Code Section 18-205; 1942 Code Section 6113; 1932 Code Section 6113; Civ. C. '22 Section 3167; Civ. C. '12 Section 2213; 1911 (27) 92.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 17 - Drainage Or Levee Districts Under 1911 Act › Section 49-17-210. Powers of clerk of court.

The clerk of the court of common pleas of any county of this State may establish a levee or drainage district or districts in his county, locate and establish levees, drains or canals, cause to be constructed, straightened, widened or deepened any ditch, drain or watercourse and build levees or embankments and erect tide gates and pumping plants for the purpose of draining and reclaiming wet, swamp or overflowed lands.
HISTORY: 1962 Code Section 18-211; 1952 Code Section 18-211; 1942 Code Section 6096; 1932 Code Section 6096; Civ. C. '22 Section 3150; Civ. C. '12 Section 2196; 1911 (27) 92; 1913 (28) 16; 1914 (28) 455, 460, 514; 1916 (29) 748; 1920 (31) 804.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 17 - Drainage Or Levee Districts Under 1911 Act › Section 49-17-220. Initiation of proceedings.

Whenever:
(1) A petition, signed by a majority of the resident landowners in a proposed drainage district or by the owners of more than half the land in acreage which will be affected by, or assessed for the expense of the proposed improvements, shall be filed in the office of the clerk of court of common pleas of any county in which a part of such lands are located, setting forth that any specific body or district of land in the county and adjoining counties, described in such a way as to convey an intelligent idea as to the location of such land, is subject to overflow or too wet for cultivation and the public benefit or utility or the public health, convenience or welfare will be promoted by draining, ditching or leveeing such land, by changing or improving the natural watercourses or by the installing of tile systems, and setting forth therein, as far as practicable, the starting point, route and terminus and lateral branches, if necessary, of the proposed improvement and
(2) There is filed therewith a bond for the amount of one hundred dollars per mile for each mile of the proposed improvement, signed by two or more sureties or by some lawful and authorized surety company, to be approved by the clerk of such court of common pleas, conditioned for the payment of all expenses and costs incurred in the proceedings in case the clerk of court does not grant the prayer of the petition,
The clerk shall issue a summons to be served on all the landowners who have not joined in the petition and whose lands are included in the proposed drainage district, so far as the clerk has been able to ascertain them. The failure to serve those landowners whose names were unknown to the clerk shall have no effect upon the proceedings if they are made parties to the proceedings as provided in Section 49-17-630.
HISTORY: 1962 Code Section 18-213; 1952 Code Section 18-213; 1942 Code Section 6097; 1932 Code Section 6097; Civ. C. '22 Section 3151; Civ. C. '12 Section 2197; 1911 (27) 92; 1914 (28) 455; 1915 (29) 199; 1920 (31) 1089.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 17 - Drainage Or Levee Districts Under 1911 Act › Section 49-17-230. Effect of lands being in more than one county.

When the lands proposed to be drained and created into a drainage district are located in two or more counties the clerk of court of common pleas of either county shall have and exercise the jurisdiction herein conferred and the venue shall be in that county in which the petition is first filed.
HISTORY: 1962 Code Section 18-214; 1952 Code Section 18-214; 1942 Code Section 6097; 1932 Code Section 6097; Civ. C. '22 Section 3151; Civ. C. '12 Section 2197; 1911 (27) 92; 1914 (28) 455; 1915 (29) 199; 1920 (31) 1089.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 17 - Drainage Or Levee Districts Under 1911 Act › Section 49-17-240. Service of process.

The summons may be served by publication as to any defendants who cannot be personally served, as provided by law. The service of such summons upon the station agent of any railroad, interurban or other company in any county in which the right of way of such company will be affected by such drainage will be sufficient notice to such railroad or other company and in case there be no agent of any such company in such county such company shall be notified in the same manner as nonresident landowners.
HISTORY: 1962 Code Section 18-215; 1952 Code Section 18-215; 1942 Code Section 6097; 1932 Code Section 6097; Civ. C. '22 Section 3151; Civ. C. '12 Section 2197; 1911 (27) 92; 1914 (28) 455; 1915 (29) 199; 1920 (31) 1089.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 17 - Drainage Or Levee Districts Under 1911 Act › Section 49-17-250. Appointment of board of viewers.

Upon the return day the clerk shall appoint a disinterested and competent civil and drainage engineer and two resident freeholders of the county or counties in which the lands are located as a board of viewers to examine the lands described in the petition and make a preliminary report thereon.
HISTORY: 1962 Code Section 18-216; 1952 Code Section 18-216; 1942 Code Section 6097; 1932 Code Section 6097; Civ. C. '22 Section 3151; Civ. C. '12 Section 2197; 1911 (27) 92; 1914 (28) 455; 1915 (29) 199; 1920 (31) 1089.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 17 - Drainage Or Levee Districts Under 1911 Act › Section 49-17-260. Board of viewers may borrow expense money; payment of expenses.

The board of viewers may borrow a sufficient sum of money to defray the costs and expenses of examining the lands described in the petition and making a preliminary report thereon, including the compensation of the engineer and his assistants, not exceeding the amount of the bond filed and may pledge the bond as security for such loan. The sum so borrowed shall be deposited with the clerk of court to be disbursed by him from time to time in payment of the aforesaid costs and expenses, including the compensation of the engineer and his assistants. If the proposed district is finally established such loan, with interest, shall be repaid from the assessment authorized by Section 49-17-1310 and if no such loan is procured the aforesaid costs and expenses, including the compensation of the engineer and his assistants, shall be paid from such assessment. But if the petition is dismissed at the cost of the petitioners the sureties on the bond shall be liable, to the extent of the amount of the bond, for the aforesaid costs and expenses, including the compensation of the engineer and his assistants, or the repayment of the loan, together with interest, if a loan has been procured as aforesaid.
HISTORY: 1962 Code Section 18-217; 1952 Code Section 18-217; 1942 Code Section 6097; 1932 Code Section 6097; Civ. C. '22 Section 3151; Civ. C. '12 Section 2197; 1911 (27) 92; 1914 (28) 455; 1915 (29) 199; 1920 (31) 1089.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 17 - Drainage Or Levee Districts Under 1911 Act › Section 49-17-270. Preliminary report of board of viewers.

The board of viewers shall proceed to examine the land described in the petition and other land, if necessary, and to locate properly such improvement or improvements as are petitioned for along the route described in the petition or any other route answering the same purpose if found more practicable or feasible and may make such surveys as may be necessary to determine the boundaries and elevations of the several parts of the district. They shall make and return to the clerk of court of common pleas within ninety days, unless the time shall be extended by the clerk, a written report, which shall set forth:
(1) Whether the proposed drainage is practicable or not;
(2) Whether it will benefit the public health or any public highway or be conducive to the general welfare of the community;
(3) Whether the improvements proposed will benefit the land sought to be benefited; and
(4) Whether or not all the lands benefited are included in the proposed drainage district.
They shall also file with this report a map of the proposed drainage district showing the location of the ditch or ditches or other improvements to be constructed in the lands that will be affected thereby and other such information as they may have collected that will tend to show the correctness of their findings.
HISTORY: 1962 Code Section 18-218; 1952 Code Section 18-218; 1942 Code Section 6098; 1932 Code Section 6098; Civ. C. '22 Section 3152; Civ. C. '12 Section 2198; 1911 (27) 92; 1920 (31) 1089.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 17 - Drainage Or Levee Districts Under 1911 Act › Section 49-17-280. Dismissal of petition if report is unfavorable; new proceedings.

If the viewers report that the drainage is not practicable or that it will not benefit the public health or any public highway or be conducive to the general welfare of the community and the clerk of court shall approve such findings the petition shall be dismissed at the cost of the petitioners and the sureties upon the bond so filed by them shall be liable as aforesaid. Such petition or proceedings may again be instituted by the same or additional landowners at any time after six months upon proper allegations that conditions have changed or that material facts were omitted or overlooked.
HISTORY: 1962 Code Section 18-219; 1952 Code Section 18-219; 1942 Code Section 6099; 1932 Code Section 6099; Civ. C. '22 Section 3153; Civ. C. '12 Section 2199; 1911 (27) 92; 1914 (28) 755; 1920 (31) 1089.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 17 - Drainage Or Levee Districts Under 1911 Act › Section 49-17-290. Hearing ordered if report is favorable.

If the viewers report that the drainage is practicable and that it will benefit the public health or any public highway or be conducive to the general welfare of the community and the clerk of court shall so find, then the clerk shall fix a day when the report will be further heard and considered.
HISTORY: 1962 Code Section 18-220; 1952 Code Section 18-220; 1942 Code Section 6099; 1932 Code Section 6099; Civ. C. '22 Section 3153; Civ. C. '12 Section 2199; 1911 (27) 92; 1914 (28) 755; 1920 (31) 1089.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 17 - Drainage Or Levee Districts Under 1911 Act › Section 49-17-300. Notice of hearing.

If the petition is entertained by the clerk of court notice shall be given by publication for two consecutive weeks in some newspaper of general circulation within the county or counties, if one shall be published in such counties, and also by posting a written or printed notice at the door of the courthouse and at five conspicuous places within the drainage district that on the date set, naming the day, the clerk of court will consider and pass upon the report of the viewers. At least fifteen days shall intervene between the date of publication and the posting of notices and the date set for the hearing.
HISTORY: 1962 Code Section 18-221; 1952 Code Section 18-221; 1942 Code Section 6100; 1932 Code Section 6100; Civ. C. '22 Section 3154; Civ. C. '12 Section 2200; 1911 (27) 92.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 17 - Drainage Or Levee Districts Under 1911 Act › Section 49-17-310. Hearing; action on preliminary report.

At the date appointed for the hearing the clerk of court shall hear and determine any objections that may be offered to the report of the viewers. If it appear that there is any land within the proposed levee or drainage district that will not be affected by the leveeing or drainage thereof such lands shall be excluded and the names of the owners withdrawn from such proceedings. And if it shall be shown that there is any land not within the proposed district that will be affected by the construction of the proposed levee or drain the boundary of the district shall be so changed as to include such lands and such additional landowners shall be made parties plaintiff or defendant, respectively, and summons shall issue accordingly, as hereinbefore provided. And any landowners whose lands were within the original levee or drainage district, who were not summoned by the clerk when the petition was filed and whose names have since been ascertained by the clerk, shall be made parties plaintiff or defendant, respectively, and summons shall issue accordingly, as hereinbefore provided. After such change in the boundaries is made, the sufficiency of the petition shall be verified to determine whether or not it conforms to the requirements of the statute as provided in Section 49-17-220. The engineer and the other two viewers may attend this meeting and give any information or evidence that may be sought to verify and to substantiate their reports. The efficiency of the drainage or levee may also be determined and if it appears that the location of any levee or drain can be changed so as to make it more effective, that other branches or spurs should be constructed or that any branch or spur projected may be eliminated or other changes made that will tend to increase the benefits of the proposed work such modification and changes shall be made by the board of viewers. If necessary the petition, as amended, shall be referred by the clerk of court to the engineer and two viewers for further report.
HISTORY: 1962 Code Section 18-222; 1952 Code Section 18-222; 1942 Code Section 6101; 1932 Code Section 6101; Civ. C. '22 Section 3155; Civ. C. '12 Section 2202; 1911 (27) 92; 1915 (29) 199.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 17 - Drainage Or Levee Districts Under 1911 Act › Section 49-17-320. Establishment of district.

The above facts having been determined to the satisfaction of the clerk of the court and the boundaries of the proposed district so determined he shall declare the establishment of the drainage or levee district, which shall be designated by a name or number, for the object and purpose as in this chapter set forth.
HISTORY: 1962 Code Section 18-223; 1952 Code Section 18-223; 1942 Code Section 6101; 1932 Code Section 6101; Civ. C. '22 Section 3155; Civ. C. '12 Section 2202; 1911 (27) 92; 1915 (29) 199.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 17 - Drainage Or Levee Districts Under 1911 Act › Section 49-17-330. Right of appeal.

Any person owning lands within the drainage or levee district which he thinks will not be benefited by the improvement and should not be included in the district may appeal from the decision of the clerk to the court of common pleas of such county, in term time or at chambers, by filing an appeal, accompanied by a bond conditioned for the payment of the costs if the appeal should be decided against him for such sum as the court may require, not exceeding two hundred dollars, signed by two or more solvent sureties or by some approved surety company, to be approved by the court or by the clerk of court.
HISTORY: 1962 Code Section 18-224; 1952 Code Section 18-224; 1942 Code Section 6103; 1932 Code Section 6103; Civ. C. '22 Section 3157; Civ. C. '12 Section 2203; 1911 (27) 92; 1961 (52) 43.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 17 - Drainage Or Levee Districts Under 1911 Act › Section 49-17-510. Requirement of complete survey, plans, and specifications; report.

After the district is established the clerk of court shall refer the report of the engineer and viewers back to them to make a complete survey and complete plans and specifications for the drains or levees or other improvements and shall fix a time when the engineer and viewers shall complete and file such report.
HISTORY: 1962 Code Section 18-231; 1952 Code Section 18-231; 1942 Code Section 6104; 1932 Code Section 6104; Civ. C. '22 Section 3158; Civ. C. '12 Section 2204; 1911 (27) 92; 1916 (29) 932; 1920 (31) 1087.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 17 - Drainage Or Levee Districts Under 1911 Act › Section 49-17-520. Making complete survey; accompanying documents.

The engineer and viewers may employ such assistants as may be necessary to make a complete survey of the drainage district and shall enter upon the ground and make a survey of the main drain or drains and all its laterals. The line of each ditch, drain or levee shall be plainly and substantially marked on the ground. The course and distance of each ditch shall be carefully noted and sufficient notes made so that it may be accurately platted and mapped. A line of levels shall be run for the entire work and sufficient data secured from which accurate profiles and plans may be made. Frequent bench marks shall be established along the line, on permanent objects, and their elevation recorded in the field books. If it is deemed expedient by the engineer and viewers other levels may be run to determine the fall from one part of the district to another. If an old watercourse, ditch or channel is being widened, deepened or straightened it shall be accurately cross-sectioned so as to compute the amount of cubic yards saved by the use of such old channel. A drainage map of the district shall then be completed, showing the location of the ditch or ditches and other improvements and the boundary, as closely as may be determined by the records of the lands owned by each individual landowner within the district. The location of any railroads or public highways and the boundary of any incorporated town or village within the district shall be shown on the map. There shall also be prepared to accompany this map a profile of each levee, drain or watercourse showing the surface of the ground, the bottom or grade of the proposed improvement, the number of cubic yards of excavation or fill in each mile or fraction thereof, the total yards in the proposed improvement and the estimated cost thereof and plans and specifications for and the cost of any work required to be done.
HISTORY: 1962 Code Section 18-232; 1952 Code Section 18-232; 1942 Code Section 6105; 1932 Code Section 6105; Civ. C. '22 Section 3159; Civ. C. '12 Section 2205; 1911 (27) 92.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 17 - Drainage Or Levee Districts Under 1911 Act › Section 49-17-530. Assessment of damages.

The engineer and viewers shall assess the damage claimed by anyone that is justly right and due to him for land taken or for inconvenience imposed because of the construction of the improvement or for any other legal damage sustained. Such damage shall be considered separate and apart from any benefit the land would receive because of the proposed work and shall be paid by the board of drainage commissioners when funds shall come into their hands.
HISTORY: 1962 Code Section 18-233; 1952 Code Section 18-233; 1942 Code Section 6106; 1932 Code Section 6106; Civ. C. '22 Section 3160; Civ. C. '12 Section 2206; 1911 (27) 92.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 17 - Drainage Or Levee Districts Under 1911 Act › Section 49-17-540. Classification of land according to benefits.

The engineer and viewers shall personally examine the land in the district and classify it with reference to the benefit it will receive from the construction of the levee, ditch, drain or watercourse or other improvement. In the case of drainage the degree of wetness of the land, its proximity to the ditch or a natural outlet and the fertility of the soil and its effect upon health conditions in the district shall be considered in determining the amount of benefit it will receive by the construction of the ditch. The land benefited shall be separated in five classes. The land receiving the highest benefit shall be designated "Class A"; that receiving the next highest benefit, "Class B"; that receiving the next highest benefit, "Class C"; that receiving the next highest benefit, "Class D," and that receiving the smallest benefit, "Class E." The holding of any one landowner need not necessarily be all in one class but the number of acres in each class shall be ascertained, though its boundary need not be marked on the ground or shown on the map. The total number of acres owned by one person in each class and the total number of acres benefited shall be determined. The total number of acres of each class in the entire district shall be obtained and presented in tabulated form.
HISTORY: 1962 Code Section 18-234; 1952 Code Section 18-234; 1942 Code Section 6107; 1932 Code Section 6107; Civ. C. '22 Section 3161; Civ. C. '12 Section 2207; 1911 (27) 92; 1917 (30) 338.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 17 - Drainage Or Levee Districts Under 1911 Act › Section 49-17-550. Scale of assessment against land in different classes.

The scale of assessment upon the several classes of land returned by the engineer and viewers shall be in the ratio of five, four, three, two and one; that is to say, as often as five mills per acre is assessed against the land in "Class A," four mills per acre shall be assessed against the land in "Class B," three mills per acre in "Class C," two mills per acre in "Class D," and one mill per acre in "Class E." This shall form the basis of the assessment of benefits to the lands for drainage purposes.
HISTORY: 1962 Code Section 18-235; 1952 Code Section 18-235; 1942 Code Section 6107; 1932 Code Section 6107; Civ. C. '22 Section 3161; Civ. C. '12 Section 2207; 1911 (27) 92; 1917 (30) 338.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 17 - Drainage Or Levee Districts Under 1911 Act › Section 49-17-560. Notice when improvement crosses railroad.

Whenever the engineer and the viewers in charge shall make a survey for the purpose of locating a public levee or drainage ditch or changing a natural watercourse and the levee, ditch or watercourse would cross the right of way of any railroad company, the viewers in charge of the work shall notify the railroad company, by serving written notice upon the agent of such company or its lessee or receiver, that they will meet the company at the place where the proposed ditch, drain or watercourse crosses the right of way of such company, such notice fixing the time of such meeting, which shall not be less than ten days after the service of the notice, for the purpose of conferring with the railroad company with relation to the place where and the manner in which such improvement shall cross such right of way.
HISTORY: 1962 Code Section 18-237; 1952 Code Section 18-237; 1942 Code Section 6121; 1932 Code Section 6121; Civ. C. '22 Section 3175; Civ. C. '12 Section 2221; 1911 (27) 92.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 17 - Drainage Or Levee Districts Under 1911 Act › Section 49-17-570. Agreement with railroad; determination if unable to agree; assessment of damages and benefits.

When the time shall arrive, fixed for such conference, unless for good cause more time is agreed upon, the viewers in charge and the railroad company shall agree, if possible, upon the place where and the manner and method by which such improvement shall cross such right of way. If the viewers in charge and the railroad company cannot agree or if the railroad company shall fail, neglect or refuse to confer with the viewers they shall determine the place and manner of crossing the right of way of the railroad company and shall specify the number and the size of openings required and the damages, if any, to the railroad company and so specify in their report. The fact that the railroad company is required by the construction of the improvement to build a new bridge or culvert or to enlarge or strengthen an old one shall not be considered as damages to the railroad company. The engineer and viewers shall also assess the benefits that will accrue to the right of way, roadbed and other property of the railroad company by affording better drainage or a better outlet for drainage, but no benefits shall be assessed because of the increase of business that may come to the road because of the construction of the improvement. The benefits shall be assessed at a fixed sum, determined solely by the physical benefit that the property will receive by the construction of the improvement and it shall be reported by the viewers as a special assessment, due personally from the railroad company as a special assessment. It may be collected in the manner of an ordinary debt in any court having jurisdiction.
HISTORY: 1962 Code Section 18-238; 1952 Code Section 18-238; 1942 Code Section 6121; 1932 Code Section 6121; Civ. C. '22 Section 3175; Civ. C. '12 Section 2221; 1911 (27) 92.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 17 - Drainage Or Levee Districts Under 1911 Act › Section 49-17-580. Account of cost of survey.

The engineer and viewers shall keep an accurate account and report to the clerk of the court the name of each person employed on the survey, the number of days he was employed, the kind of work he was doing, any expense that may have been incurred in going to and from the work and the cost of any supplies or material that may have been used in making the survey.
HISTORY: 1962 Code Section 18-239; 1952 Code Section 18-239; 1942 Code Section 6108; 1932 Code Section 6108; Civ. C. '22 Section 3162; Civ. C. '12 Section 2208; 1911 (27) 92.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 17 - Drainage Or Levee Districts Under 1911 Act › Section 49-17-590. Delay; extension of time.

In case the work is delayed by high water, sickness or any other good cause and the report is not completed at the time fixed by the clerk of the court the engineer and viewers shall appear before the clerk of the court and state in writing the cause of such failure and ask for sufficient time in which to complete the work and the clerk shall set another date by which the report shall be completed and filed.
HISTORY: 1962 Code Section 18-240; 1952 Code Section 18-240; 1942 Code Section 6109; 1932 Code Section 6109; Civ. C. '22 Section 3163; Civ. C. '12 Section 2209; 1911 (27) 92.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 17 - Drainage Or Levee Districts Under 1911 Act › Section 49-17-600. Filing and acceptance or reference back of final report.

When the final report is completed and filed it shall be examined by the clerk of the court and if it is found to be in due form and in accordance with the law it shall be accepted and if not in due form it may be referred back to the engineer and viewers, with instruction to secure further information to be reported at a subsequent date to be fixed by the clerk.
HISTORY: 1962 Code Section 18-241; 1952 Code Section 18-241; 1942 Code Section 6110; 1932 Code Section 6110; Civ. C. '22 Section 3164; Civ. C. '12 Section 2210; 1911 (27) 92; 1915 (29) 199.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 17 - Drainage Or Levee Districts Under 1911 Act › Section 49-17-610. Notice of hearing on final report; copy available for inspection.

When the report is fully completed and accepted by the clerk, a date, not less than twenty days thereafter, shall be fixed by the clerk for the final hearing upon the report and notice thereof shall be given by publication in a newspaper of general circulation in the county and by posting a written or printed notice on the door of the courthouse and at five conspicuous places throughout the district, such publication to be made for at least two weeks before the final hearing. During this time a copy of the report shall be on file in the office of the clerk of the court of common pleas and shall be open to the inspection of any landowner or other person interested within the drainage district.
HISTORY: 1962 Code Section 18-242; 1952 Code Section 18-242; 1942 Code Section 6110; 1932 Code Section 6110; Civ. C. '22 Section 3164; Civ. C. '12 Section 2210; 1911 (27) 92; 1915 (29) 199.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 17 - Drainage Or Levee Districts Under 1911 Act › Section 49-17-620. Notice of final hearing to and participation by railroad.

The clerk of the court of common pleas shall likewise have notice served upon any railroad company the right of way of which is crossed by the proposed public levee, drainage ditch or changed natural watercourse of the time and place of the meeting to hear and determine the final report of the engineer and viewers and the railroad company shall have the right to file objections to the report and to appeal from the findings of the board of commissioners in the same manner as any landowner. But such an appeal shall not delay or defeat the construction of the improvement.
HISTORY: 1962 Code Section 18-243; 1952 Code Section 18-243; 1942 Code Section 6122; 1932 Code Section 6122; Civ. C. '22 Section 3176; Civ. C. '12 Section 2222; 1911 (27) 92.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 17 - Drainage Or Levee Districts Under 1911 Act › Section 49-17-630. Making additional landowners parties.

If it shall appear at the time the final report is completed, filed and examined by the clerk, as aforesaid, that certain landowners whose lands are included in the proposed drainage or levee district have not been made parties to the proceedings a summons as provided in Section 49-17-220 shall be served upon each of them and at the same time the written or printed notice referred to in Section 49-17-610 shall be personally served upon them and each of them.
HISTORY: 1962 Code Section 18-244; 1952 Code Section 18-244; 1942 Code Section 6110; 1932 Code Section 6110; Civ. C. '22 Section 3164; Civ. C. '12 Section 2210; 1911 (27) 92; 1915 (29) 199.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 17 - Drainage Or Levee Districts Under 1911 Act › Section 49-17-640. Action on final report.

At the date set for hearing any landowner may appear in person or by counsel and file his objection in writing to the report of the viewers. The clerk of the court shall carefully review the report of the viewers and the objections filed thereto and make such changes as are necessary to render substantial and equal justice to all the landowners in the district. If, in the opinion of the clerk, the cost of construction together with the amount of damages assessed is not greater than the benefits that will accrue to the land affected the clerk shall confirm the report of the viewers. If, however, the clerk finds that the cost of construction together with the damages assessed is greater than the resulting benefits that will accrue to the lands affected, the clerk shall dismiss the proceedings at the cost of the petitioners and the sureties upon the bond so filed by them shall be liable as aforesaid.
HISTORY: 1962 Code Section 18-245; 1952 Code Section 18-245; 1942 Code Section 6111; 1932 Code Section 6111; Civ. C. '22 Section 3165; Civ. C. '12 Section 2211; 1911 (27) 92; 1920 (31) 1089.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 17 - Drainage Or Levee Districts Under 1911 Act › Section 49-17-650. Appeal.

Any party aggrieved may, within ten days after the confirmation of the viewers' report, appeal to the court of common pleas in term time. Such appeal shall be taken and prosecuted as provided for appeals from a magistrate's court to the court of common pleas.
HISTORY: 1962 Code Section 18-246; 1952 Code Section 18-246; 1942 Code Section 6112; 1932 Code Section 6112; Civ. C. '22 Section 3166; Civ. C. '12 Section 2212; 1911 (27) 92.