reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 5 - State Highway System › Section 57-5-340. Sale or other disposition of real estate.

The department shall continuously inventory all of its real property. When, in the judgment of the department any real estate acquired as provided in this chapter is no longer necessary for the proper operation of the department or highway systems, the department shall vigorously attempt to sell the property by advertising for competitive bids in local newspapers or by direct negotiations, but in every case of the sale or transfer of any real estate by the commission or the department, the sale or transfer shall be made public by publishing notice of it in the minutes of the next succeeding meeting of the commission. The commission and the department shall convey by deed, signed by the Secretary of the Department of Transportation and the Deputy Director of the Division of Finance and Administration, any real estate disposed of under this section. Any funds derived from the sale of surplus property by authority of this section shall be credited to the funding category from which funds were drawn to finance the department's acquisition of the property. However, any funds derived from the sale of right-of-way, which the department has purchased, in excess of the department's cost shall be distributed among the counties as C funds pursuant to Section 12-28-2740.
HISTORY: 1962 Code Section 33-124; 1952 Code Section 33-124; 1951 (47) 457; 1983 Act No. 151 Part II Section 53; 1986 Act No. 383, Section 2; 1993 Act No. 181, Section 1510.
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 5 - State Highway System › Section 57-5-350. Certain easements shall not be sold or leased for commercial use.

The department shall neither lease nor sell any part of the state highway primary system, rights-of-way or any of the controlled-access highway facilities for commercial enterprise activities, except public utilities, which were acquired by easement. This shall not serve to prevent the sale of surplus property as authorized by Section 57-5-340, nor shall it prevent the sale of any of the properties referred to in this section which were acquired by fee simple deed.
HISTORY: 1962 Code Section 33-124.1; 1958 (50) 1692; 1993 Act No. 181, Section 1510.
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 5 - State Highway System › Section 57-5-370. Condemnation for streets within municipalities or materials.

Whenever the department is required or authorized by law to construct or improve streets within municipalities, the municipality or the department may condemn additional land necessary for the improvement of the streets or property within the municipality required for materials with which to construct highway embankments and surfacing.
HISTORY: 1962 Code Section 33-126; 1952 Code Section 33-126; 1951 (47) 457; 1987 Act No. 173 Section 38; 1993 Act No. 181, Section 1510.
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 5 - State Highway System › Section 57-5-380. Condemnation of property of public service corporations.

The department, for the purpose of acquiring property as authorized by Section 57-5-320, may condemn lands, rights-of-way, and easements of railroad, railway, telegraph, or other public service corporations, provided that the condemnation does not impair the ability of the railroad, railway, telegraph, or other public service corporations to operate.
HISTORY: 1962 Code Section 33-127; 1952 Code Section 33-127; 1951 (47) 457; 1987 Act No. 173 Section 39; 1988 Act No. 443; 1993 Act No. 181, Section 1510.
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 5 - State Highway System › Section 57-5-540. Condemnation award shall be paid by department.

When the department condemns property, the award shall be paid by the department.
HISTORY: 1962 Code Section 33-143; 1952 Code Section 33-143; 1951 (47) 457; 1993 Act No. 181, Section 1510.
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 5 - State Highway System › Section 57-5-550. Deeds and other instruments to be filed and indexed.

All deeds or other instruments conveying, or intended to convey, a right-of-way and the original papers in all condemnation proceedings to acquire a right-of-way for any state highway shall be filed by the department in its offices at Columbia, and a direct index of all such deeds, instruments and records shall be made and kept by the department.
The provisions of this section shall apply to all deeds, instruments and condemnation proceedings in existence on or after June 13, 1951, except such instruments as had actually been recorded prior to said date in the office of the register of deeds or clerk of court of any county of this State or had prior to said date become a permanent record in any such office.
HISTORY: 1962 Code Section 33-144; 1952 Code Section 33-144; 1951 (47) 457; 1993 Act No. 181, Section 1510.
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 5 - State Highway System › Section 57-5-570. Records to be maintained in tax assessors' offices.

The department shall maintain in the office of the tax assessor for each of the several counties a copy of all highway plans on which are indicated the widths of the rights-of-way for each road in the related district or county and an alphabetical list of property owners on each road for which rights-of-way have been acquired. These records must be for the convenience of persons making inquiry as to the right of the State in and to the right-of-way for roads constructed by the department in any county. The tax assessors of the several counties shall cooperate with the department in keeping these records current, without charge.
HISTORY: 1962 Code Section 33-146; 1952 Code Section 33-146; 1951 (47) 457; 1952 (47) 2041; 1986 Act No. 494; 1993 Act No. 181, Section 1510.
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 5 - State Highway System › Section 57-5-580. Cost of right-of-way as part of cost of construction.

The department may charge, as part of the cost of construction, the costs of rights-of-way necessary in connection with the improvement or construction of any state highway project.
HISTORY: 1962 Code Section 33-147; 1952 Code Section 33-147; 1951 (47) 457; 1993 Act No. 181, Section 1510.
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 5 - State Highway System › Section 57-5-590. Rights additional to those of county authorities.

Nothing herein contained shall be construed to divest the county authorities of the right to condemn for highway purposes, but the rights herein granted are concurrent with the rights and powers of governing bodies of counties and they may still condemn property for highway purposes upon the written request of the department.
HISTORY: 1962 Code Section 33-148; 1952 Code Section 33-148; 1951 (47) 457; 1993 Act No. 181, Section 1510.
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 5 - State Highway System › Section 57-5-600. Abandonment of right-of-way.

Whenever the Department of Transportation shall determine that any property previously acquired for right-of-way is not required for either right-of-way or departmental purposes, it may expressly abandon that right-of-way or property or any portion thereof, or may grant written permits to encroach thereon under such rules and regulations as the Department of Transportation may establish. Provided, no city street may be closed under this section without concurrence of the governing body of the municipality, except for interstate routes or controlled-access highways.
HISTORY: 1962 Code Section 33-149; 1967 (55) 966; 1993 Act No. 181, Section 1510.
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 5 - State Highway System › Section 57-5-710. Construction of state highway system simultaneous and equitable in the several districts.

Except as otherwise provided by law, the construction of the state highway system shall be carried on simultaneously in each of the highway districts of the State, and the commission shall determine and arrange the order of the work in a fair and equitable manner among the counties within each highway district.
HISTORY: 1962 Code Section 33-161; 1952 Code Section 33-161; 1951 (47) 457; 1993 Act No. 181, Section 1511.
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 5 - State Highway System › Section 57-5-720. Standards of construction.

The Department of Transportation shall construct the highways in the state highway primary system and the highways in the state highway secondary system to standards commensurate with the amount and types of traffic services to be rendered by the highways in the respective systems, it being the declared policy of the State that the highways in the state highway secondary system shall be constructed by less expensive standards than the highways in the state highway primary system, thus enabling the State to construct a larger mileage of all-weather farm-to-market roads from the available funds.
In recognition of budgetary restraints, the Department of Transportation, its commission, officers, and employees, are granted the discretionary authority to relax design and construction standards with respect to highway projects in the secondary state highway system. The exercise of the discretionary authority to relax design and construction standards shall not give rise to any liability on the part of the department, its commission, officers, or employees.
HISTORY: 1962 Code Section 33-162; 1952 Code Section 33-162; 1951 (47) 457; 1993 Act No. 181, Section 1512; 2008 Act No. 353, Section 2, Pt 26A.1, eff July 1, 2008.
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 5 - State Highway System › Section 57-5-730. Removal of view-obstructing dirt banks at intersections.

The Department may remove, when practicable, view-obstructing banks of dirt that exist at the intersections of any State highway with another State highway or with any other public highway.
HISTORY: 1962 Code Section 33-163; 1952 Code Section 33-163; 1951 (47) 457.
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 5 - State Highway System › Section 57-5-740. Construction of federal-aid secondary or feeder highways.

The Department may construct Federal-aid secondary or feeder highways, including farm-to-market roads, on such highways or sections of highways as may be necessary to comply with Federal-aid statutes and governing regulations of the Federal Highway Administration with respect thereto, regardless of whether, at the time of construction, such highways are in the State highway system. For the purposes of this section the Department may participate in the cost of construction of roads which are not in the State highway system in the same manner as is provided by law for construction of roads which are in the State highway system.
HISTORY: 1962 Code Section 33-164; 1952 Code Section 33-164; 1942 Code Section 5873-1; 1937 (40) 426; 1938 (40) 1896.
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 5 - State Highway System › Section 57-5-750. Contracts with counties for farm-to-market roads.

The Department may contract with any of the counties in this State for the construction and improvement by any such county of any farm-to-market road in the State highway system within such county and may pay for the construction and improvement of such road, provided the cost of such construction and improvement is not greater than the cost of similar work would be if performed by contract or by the Department's forces. Any road constructed or improved under the provisions hereof shall be paid for by the Department and the cost thereof charged to the allocation of the county in which such road is constructed. The roads constructed by the counties under the provisions hereof shall be constructed and built according to standards and specifications required by the Department. Nothing herein contained shall be construed to mean that the Department shall pay the cost of the construction or improvement of roads already constructed and improved.
HISTORY: 1962 Code Section 33-165; 1952 Code Section 33-165; 1951 (47) 457.
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 5 - State Highway System › Section 57-5-760. Reimbursement agreements with counties for construction of farm-to-market and secondary roads.

The Department of Transportation is hereby authorized to enter into reimbursement agreements with the several counties of the State for the construction of farm-to-market and secondary roads financed through the issuance of bonds and reimbursed from funds accruing under the provisions of Section 12-27-400.
This reimbursement shall be made in annual installments, in amounts not exceeding the annual maturity principal on the bonds to be issued by the county, out of the apportionment of funds accruing for construction in the county under the Department of Transportation's farm-to-market construction program, if so much thereof shall accrue for such construction in the county. The Department of Transportation shall not be obligated to the repayment to the county for any installment due under its reimbursement agreement unless sufficient amounts for such installments shall accrue to the credit of the county under the state farm-to-market construction program. The Department of Transportation shall not be required to pay any interest to the county for funds turned over to the department pursuant to the provisions of this section. If, during any year hereafter, the apportionment to which farm-to-market construction in the county is entitled exceeds the sum required to meet the annual installment of principal of the bonds in that year, then such excess shall be applied by the department as if no reimbursement agreement had been entered into.
The reimbursement agreement shall be upon such other terms and conditions as may be mutually agreed upon by the department and the governing bodies of the several counties.
HISTORY: 1962 Code Section 33-166.1; 1973 (58) 1868; 1993 Act No. 181, Section 1513.
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 5 - State Highway System › Section 57-5-770. Projects in which water-controlling device reduces cost of highway construction.

When, in the construction or repair of any State highway, a third less may be expended by the State, in conjunction with other funds herein provided for, for the approach to or the crossing of any waterway, creek or river, through the building of a dam, levee or other facility for controlling water, constructing ditches or waterways or doing some other thing to control water, the Department, in its discretion, may estimate the cost of the repair or the construction of the necessary bridge, viaduct or other approach, together with that part of the highway immediately affected thereby, such estimate to be based upon the cost without such water-controlling device, and the Department may allot to or reimburse, or enter into contracts looking to that end, as provided in the law of this State, on account of the building of such highway immediately affected by such approach and the approach and the construction of such water-controlling device as the Department may plan, such reimbursement, reimbursement agreement or allotment to be made to any county, municipality or other agency in the sum of two thirds of the estimated costs of the structure and the highway immediately affected thereby without such water-controlling device, upon such county, municipality or other agency entering into such bond as the Department may consider as surety for the completion of the whole project as planned by the Department. The word "agency" shall mean any person complying with the terms of this section.
HISTORY: 1962 Code Section 33-167; 1952 Code Section 33-167; 1951 (47) 457.
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 5 - State Highway System › Section 57-5-780. Execution of reimbursement agreements in project involving water-controlling device; validity.

Any such agreement executed by other than the Department shall be valid and binding when signed by such person as may agree to donate or appropriate funds for such project, and the signing by the executive officers of a private corporation, municipality or county shall be a sufficient execution of the agreement to bind the same. Reimbursement agreements entered into by the Department in such connection shall be executed according to the requirements of the statutes of force at the time of the execution thereof.
HISTORY: 1962 Code Section 33-168; 1952 Code Section 33-168; 1951 (47) 457.
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 5 - State Highway System › Section 57-5-790. Construction of project involving water-controlling device.

Any such structure and all parts thereof shall be made according to plans and specifications approved by the Department.
HISTORY: 1962 Code Section 33-169; 1952 Code Section 33-169; 1951 (47) 457.
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 5 - State Highway System › Section 57-5-800. Proportion of department's payments for project involving water-controlling device.

The Department, in its discretion, may expend as provided herein upon such project as is mentioned in Section 57-5-770, whether it be the immediate approach, bridge or highway immediately affected thereby or a water-controlling device, two thirds of the amount estimated as necessary to cross such waterway, creek or river without such water-controlling device. And the remainder of the cost of the entire project of the bridge or approach or both the water-controlling device and that part of the highway immediately affected thereby shall be borne by the county or municipality in which the project may be located and any other contributors, including the Federal Government, that may see fit to donate or appropriate money therefor.
HISTORY: 1962 Code Section 33-170; 1952 Code Section 33-170; 1951 (47) 457.
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 5 - State Highway System › Section 57-5-810. Extent of construction and maintenance of state highways in municipalities; city utilities.

The construction, reconstruction and maintenance authorized in Section 57-5-140 may include all necessary provisions for the operation and parking of vehicles, sidewalks for pedestrians, gutters, storm drains and such other structures within the limits of the highway right-of-way as may, in the judgment of the Department, be essential for highway service and to preserve and protect the highway investment. The municipalities may, however, with the approval of the Department, place and maintain such city utilities within the highway right-of-way as may be in accord with sound engineering practices, but the work by municipalities of placing these utilities within the highway right-of-way and the maintenance thereof shall be conducted so as not to interfere unduly with the traffic on the highway, and all expenses in connection therewith, including restoration of any highway surfacing or facilities damaged or impaired, shall be borne by the municipality.
The construction, reconstruction and maintenance authorized in Section 57-5-140 may also include any project in a municipality or urban area for area-wide traffic control systems and other improvements which directly facilitate and control traffic flow into, along, from or across designated State highways, such as grade separation of intersections, widening of lanes and channelization of traffic. The Department of Transportation shall not, however, be liable for damages to property or injuries to persons, as otherwise provided for in The Tort Claims Act, as a consequence of the placing, maintaining, or removing of any such utilities by the municipality, or by others, pursuant to permission of the municipality.
HISTORY: 1962 Code Section 33-171; 1952 Code Section 33-171; 1951 (47) 457; 1956 (49) 1701; 1969 (56) 154.
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 5 - State Highway System › Section 57-5-820. Consent of municipality to work on state highways; exception; definitions.

As used in this section and Section 57-5-830:
"Structurally deficient" means not adequate to handle the vehicle weights authorized on roads leading to them.
"Functionally obsolete" means narrow clearances or sharp roadway approach angles that make passage difficult or hazardous, or with too few lanes for existing traffic needs.
All work to be performed by the Department on state highways within a municipality must be with the consent and approval of the proper municipal authorities, except that work performed or to be performed on a bridge and its approaches, certified by the Department as functionally obsolete or structurally deficient, to remove, replace, or improve such bridge and its approaches shall not require prior consent and approval of a municipal authority if the bridge crosses the intracoastal waterway.
HISTORY: 1962 Code Section 33-172; 1952 Code Section 33-172; 1951 (47) 457; 1983 Act No. 39 Section 1.
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 5 - State Highway System › Section 57-5-830. Assent of municipality to plans; exception.

In every case of a proposed permanent improvement, construction, reconstruction, or alteration by the Department of any highway or highway facility within a municipality, the municipality may review and approve the plans before the work is started; except that a municipality may not have the right to review and approve plans to remove, replace, or improve a bridge and its approaches within its limits where such bridge and its approaches have been certified by the Department to be functionally obsolete or structurally deficient and if the bridge crosses the intracoastal waterway.
HISTORY: 1962 Code Section 33-173; 1952 Code Section 33-173; 1951 (47) 457; 1969 (56) 154; 1983 Act No. 39 Section 2.
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 5 - State Highway System › Section 57-5-840. Alterations of state highways by municipalities.

A municipality may not alter any state highway facility without the prior approval of the department, and any use or restriction made by a municipality of a highway or highway right of way for municipal utilities, parking, or other purposes is subject to prior approval of the department by encroachment permit.
HISTORY: 1962 Code Section 33-175; 1952 Code Section 33-175; 1951 (47) 457; 2021 Act No. 89 (S.40), Section 1, eff May 24, 2021.
Effect of Amendment
2021 Act No. 89, Section 1, rewrote the section.
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 5 - State Highway System › Section 57-5-845. Parking facilities in beach communities.

(A) Parking facilities on state highway facilities located in beach communities that are eligible for beach renourishment funds:
(1) must include free public beach parking;
(2) may include paid public beach parking; and
(3) only may be restricted by the department if the department determines that the restrictions are necessary under the circumstances.
(B) Any municipality electing to charge for public beach parking may use the parking revenues for the operation, maintenance, preservation, or funding of:
(1) public beach parking facilities;
(2) beach access, maintenance, and renourishment;
(3) traffic and parking enforcement;
(4) first responders;
(5) sanitation; and
(6) litter control and removal for beaches.
HISTORY: 2021 Act No. 89 (S.40), Section 2, eff May 24, 2021.
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 5 - State Highway System › Section 57-5-850. Source of funds for system.

The State highway system shall be built, constructed and maintained from any moneys derived from the automobile license tax, gasoline tax and other special imposts upon highway users, Federal aid and other grants-in-aid and such other moneys as may from time to time be made available.
HISTORY: 1962 Code Section 33-176; 1952 Code Section 33-176; 1951 (47) 457.
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 5 - State Highway System › Section 57-5-860. Construction of facilities for access to public landings; liability to users.

The Department, in its discretion, may enter into and carry out agreements with the governing body of any county providing that the Department may construct ways, spurs or ramps on any of its rights of way providing access from any State highway to any public landing on any waters whenever such landing has been or shall be constructed and maintained by any county. The costs of any such ways, spurs or ramps shall be borne by the maintenance fund allocated to any such county by the Department. Any persons using the ways, ramps, spurs, landings or facilities shall do so at their own risk, the immunity of the State, the Department and any county involved being expressly retained. The provisions of the Tort Claims Act and any laws waiving such immunity are declared inapplicable hereto.
The Department, in its discretion, may enter into and carry out agreements with the governing body of any county providing that the Department may construct ways, spurs or ramps on any of its rights of way providing access from any State highway to any public landing on any waters whenever such landing has been or shall be constructed and maintained by any county. The costs of any such ways, spurs or ramps shall be borne by the maintenance fund allocated to any such county by the Department. Any persons using the ways, ramps, spurs, landings or facilities shall do so at their own risk, the immunity of the State, the Department and any county involved being expressly retained. The provisions of the Tort Claims Act and any laws waiving such immunity are declared inapplicable hereto.
HISTORY: 1962 Code Section 33-177; 1959 (51) 396.
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 5 - State Highway System › Section 57-5-870. Construction of access roads and recreation facilities under agreements with Department of Natural Resources.

The Department of Transportation and the Department of Natural Resources are authorized to enter into cooperative agreements for the construction of access roads and recreation facilities in any county in the State.
The agreements may provide for the Department of Transportation to prepare the necessary plans; provide construction engineering and inspection; and award the necessary construction contracts, subject to the written approval of the Department of Natural Resources. All such contracts shall provide for payments for work performed to be made by the Department of Natural Resources from its funds. Upon completion of the construction work, the Department of Transportation shall reimburse the Department of Natural Resources out of farm-to-market construction funds apportioned to the county in which the work is performed not exceeding the actual cost of constructing any such secondary roads or one half the total cost of the project provided for in the cooperative agreement, whichever is less. The Department of Transportation shall pay from its farm-to-market construction funds apportioned to such county the cost of engineering and inspection. The roads shall become a part of the state highway secondary system upon their completion.
HISTORY: 1962 Code Section 33-178; 1964 (53) 2150; 1972 (57) 2431; 1993 Act No. 181, Section 1514.
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 5 - State Highway System › Section 57-5-1010. Definitions.

When used in this article:
(1) "Controlled-access facility" means a State highway or section of State highway especially designed for through traffic, and over, from or to which highway owners or occupants of abutting property or others shall have only a controlled right or easement of access;
(2) "Frontage road" means a highway, road or street which is auxiliary to and located on the side of another highway, road or street for service to abutting property and adjacent areas and for the control of access to such other highway, road or street; and
(3) "Department" means the Department of Transportation.
HISTORY: 1962 Code Section 33-211; 1956 (49) 1594; 1993 Act No. 181, Section 1515.
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 5 - State Highway System › Section 57-5-1020. Establishment and maintenance of controlled-access facilities.

The Department may designate, establish, abandon, improve, construct, maintain and regulate controlled-access facilities as a part of the State highway primary system, national system of interstate highways and Federal-aid primary system whenever the Department determines that traffic conditions, present or future, justify such controlled-access facilities.
HISTORY: 1962 Code Section 33-212; 1956 (49) 1594.
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 5 - State Highway System › Section 57-5-1030. Designation and establishment of new or existing highways as controlled-access facilities.

The Department may designate and establish controlled-access highways as new and additional facilities, or an existing highway may be designated as a controlled-access facility, or included in a new controlled-access facility.
HISTORY: 1962 Code Section 33-213; 1956 (49) 1594.
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 5 - State Highway System › Section 57-5-1040. Regulation of access to controlled-access facilities.

The Department may so design any controlled-access facility and so regulate or prohibit access as to best serve the traffic for which such facility is intended. No person shall have any right of ingress or egress to, from or across controlled-access facilities to or from abutting property or lands, except at such designated places at which access may be permitted, upon such terms and conditions as may be specified from time to time by the Department.
HISTORY: 1962 Code Section 33-214; 1956 (49) 1594.
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 5 - State Highway System › Section 57-5-1050. Elimination of intersections.

The Department may provide for the elimination of intersections at grades with existing State or county roads and city or town streets or other public ways, if the public interest shall be served thereby, or may provide for the elimination of intersections at grade by closing off intersecting roads or streets at the right of way boundary line of such controlled-access facilities. No city or town street or other public way shall be opened into or connected with such controlled-access facility without the consent of the Department, and the respective city, town, county or other political subdivision authorities may close local roads and streets in connection with the establishment of controlled-access facilities and make all necessary agreements with the Department to fully perform and fulfill the purposes of this article.
HISTORY: 1962 Code Section 33-215; 1956 (49) 1594.
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 5 - State Highway System › Section 57-5-1060. Establishment and maintenance of frontage roads.

The Department, in order to carry out the purposes and provisions of this article, may designate, establish, improve, construct, abandon, maintain and regulate frontage roads and exercise the same jurisdiction thereover as is authorized over controlled-access facilities under this article. Such frontage roads shall be separated from controlled-access facilities as may be deemed proper and necessary by the Department.
HISTORY: 1962 Code Section 33-216; 1956 (49) 1594.
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 5 - State Highway System › Section 57-5-1070. Acquisition of property for controlled-access facilities; rights of abutting owners.

The Department may acquire such lands and property, including rights of access, as may be needed for controlled-access facilities, by gift, devise, purchase or condemnation, in the same manner as now or hereafter authorized by law for acquiring property or property rights in connection with other State highways. Along new highway locations abutting property owners shall not be entitled, as a matter of right, to access to such new locations, and any denial of such rights of access shall not be deemed as grounds for special damages.
HISTORY: 1962 Code Section 33-217; 1956 (49) 1594.
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 5 - State Highway System › Section 57-5-1080. Permit required to open private driveway or side-road entrance or exit to primary highway.

On all highways or sections of highways in the State highway primary system not designated as controlled-access facilities, it shall be unlawful for any person to open up, construct or reconstruct any private driveway or side-road entrance or exit thereto which is intended for use by any vehicles in entering or leaving such highway unless a permit for such driveway or side-road entrance or exit shall have been obtained from the Department.
HISTORY: 1962 Code Section 33-218; 1956 (49) 1594.
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 5 - State Highway System › Section 57-5-1090. Issuance or denial of permits; conditions; providing access or frontage roads.

The Department may issue permits for driveways and side-road entrances or exits as referred to in Section 57-5-1080, and include in such permits such requirements and restrictions for design and location of the driveways and side-road entrances or exits as may be deemed necessary by the Department to avoid creating a hazard to the traveling public. Such requirements and restrictions may limit the width of such driveways and side-road entrances and exits and restrict their location. The Department may deny any request for any permit for any driveway, side-road entrance or exit which in the judgment of the Department may create a hazard to the traveling public. Reasonable frontage roads or other access roads shall be provided to serve any property for which a permit for a direct entrance thereto or exit therefrom has been denied, and the Department may construct such frontage roads as may be deemed necessary.
HISTORY: 1962 Code Section 33-219; 1956 (49) 1594.
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 5 - State Highway System › Section 57-5-1100. Changing or closing existing private driveways or side-road entrances or exits; providing other access to highway.

Any such existing driveway or side-road entrance or exit constructed prior to February 16, 1956, and adjudged by the Department to be unsafe for the traveling public may be changed by the Department so as to eliminate any unsafe features or closed or displaced by substitution therefor of another driveway or side-road entrance or exit at such place or of such design as may be deemed safe, but no such existing side road or driveway may be closed unless other reasonable access to the highway is provided by a frontage road or otherwise.
HISTORY: 1962 Code Section 33-219.1; 1956 (49) 1594.
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 5 - State Highway System › Section 57-5-1110. Closing illegal private driveways or side-road entrances or exits.

The Department may barricade, displace or otherwise close any side-road or driveway entrance or exit constructed or maintained in violation of Sections 57-5-1080 to 57-5-1100 or of any of the provisions of any permit for the construction of such side-road or driveway entrance or exit.
HISTORY: 1962 Code Section 33-219.2; 1956 (49) 1594.
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 5 - State Highway System › Section 57-5-1120. Judicial review of Department's decisions involving private driveways or side-road entrances or exits.

Any abutting property owner or lessee may file an application within thirty days from a decision of the department in the administration of Sections 57-5-1080 to 57-5-1110 for a hearing in the matter before a circuit judge at chambers or in open court in the judicial circuit in which the property is located, and such court or judge is hereby vested with jurisdiction to set the matter for a hearing upon ten days' written notice to the department of such hearing and thereupon to determine whether the action of the department is in accordance with the provisions of law. The decision of the circuit judge may be appealed in the manner provided by the South Carolina Appellate Court Rules.
Provided, however, that the above procedure shall be an alternative method of relief and shall not abrogate or deny any property owners' rights as to relief under any existing law relating to the condemnation of property.
HISTORY: 1962 Code Section 33-219.3; 1956 (49) 1594; 1999 Act No. 55, Section 49.
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 5 - State Highway System › Section 57-5-1130. Penalties.

Any person violating any of the provisions of this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than one hundred dollars or by imprisonment for not more than thirty days.
HISTORY: 1962 Code Section 33-219.4; 1956 (49) 1594.
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 5 - State Highway System › Section 57-5-1140. Installation of residential rights-of-way entrances and aprons to state highways.

The department shall construct at its expense with its maintenance forces the portion within the right-of-way of entrances and aprons to state highways at any point necessary to render adequate ingress and egress to the abutting property at locations where the driveways will not constitute hazardous conditions. The driveways must be of access to existing developed property or property that is being developed for the personal use of the owner and not for speculative or resale purposes. An entrance ten feet wide (paved portion) measured at right angles to the centerline of the driveway is the maximum width for one-way traffic. An entrance sixteen feet wide (paved portion) is the maximum width for two-way traffic. If pipe culvert is necessary for drainage, the department shall install the amount necessary for twelve inch, fifteen inch, eighteen inch, twenty-four inch, or thirty inch pipe. Should the driveway installation require pipe larger than thirty inches, the department may install the pipe and charge the homeowner for the difference in cost between thirty inch pipe and larger diameter pipe required. Driveways requiring drainage structures other than pipe must be brought to the attention of the State Maintenance Engineer. The entrances to be constructed as outlined in this section shall include base and surfacing as necessary to provide an all weather driveway entrance. If wider entrances or additional entrances are requested and approved, the construction may be performed by the department at the owner's expense.
HISTORY: 1992 Act No. 501, Part II Section 48A.
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 5 - State Highway System › Section 57-5-1310. Statement of purpose and intent.

This article is intended to provide an additional and an alternative method for the provision of and financing of highways and appurtenant facilities to the end that such highways may be undertaken in such manner as may best be calculated to expedite relief of hazardous and congested traffic conditions on the highways in the State and provide acceptable avenues for commerce and intercommunications by vehicular traffic among the several sections of the State. In effecting this enactment, the General Assembly intends that the indebtedness herein authorized fall within the category permitted by paragraph 9 of Section 13 of Article X of the Constitution of South Carolina.
HISTORY: 1962 Code Section 33-220.2; 1972 (57) 3013; 1980 Act No. 449.
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 5 - State Highway System › Section 57-5-1320. Definitions.

Unless the context indicates another meaning or intent:
(1) "Department" means the Department of Transportation;
(2) "Turnpike facility" means any express highway or limited access highway constructed under the provisions of this article by the department, whether or not financed with turnpike bonds, including any bridge, tunnel, overpass, underpass, interchange, entrance plaza, approach, toll house, service station and administration and storage and other buildings and facilities which the department considers necessary or desirable. A turnpike facility constitutes a portion or extension of any existing or proposed highway in the state highway system;
(3) "Bonds or turnpike bonds" means revenue bonds of the State authorized under the provisions of this article and Paragraph (9), Section 13, Article X of the South Carolina Constitution;
(4) "Authority" means the State Fiscal Accountability Authority;
(5) "Turnpike facility revenues" means all revenues resulting from tolls or other charges derived from the operation of a turnpike facility, including revenues derived from concession leases or other concessionaire operated facilities;
(6) "Bond resolution" means the resolution of the state board making provision for the issuance of turnpike revenue bonds;
(7) "General obligation bonds" means state highway bonds issued pursuant to Paragraph (6)(a), Section 13, Article X of the South Carolina Constitution.
HISTORY: 1962 Code Section 33-220; 1972 (57) 3013; 1980 Act No. 449; 1985 Act No. 201, Part II, Section 84A; 1993 Act No. 181, Section 1516; 1996 Act No. 458, Part II, Section 92C.
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 5 - State Highway System › Section 57-5-1335. Department to make feasibility study prior to bridge construction qualifying as turnpike facility.

The Department of Transportation, before constructing a bridge or replacing an existing bridge which qualifies as a turnpike facility as defined in Section 57-5-1320, shall conduct the feasibility study required by Section 57-5-1330 and shall forward copies of the study to the Chairman of the Transportation and Finance Committees of the Senate and the Education and Public Works and Ways and Means Committees of the House of Representatives within fifteen days of the completion of the study.
HISTORY: 1981 Act No. 177 Section 18; 1993 Act No. 181, Section 1546.
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 5 - State Highway System › Section 57-5-1340. Additional powers.

In addition to the powers listed above, the South Carolina Department of Transportation may:
1. Request the issuance of turnpike bonds for the purpose of paying all or any part of the cost of any one or more turnpike projects;
2. Fix and revise from time to time and charge and collect tolls for transit over each turnpike facility constructed by it;
3. Combine, for the purposes of financing the facilities, any two or more turnpike facilities;
4. Control access to turnpike facilities;
5. To the extent permitted by a bond resolution, expend turnpike facility or facilities revenues in advertising the facilities and services of the turnpike facility or facilities to the traveling public;
6. Receive and accept from any federal agency grants for or in the aid of the construction of any turnpike facility;
7. Establish a separate division to administer turnpike facilities and a separate turnpike facility account.
8. Do all acts and things necessary or convenient to carry out the powers expressly granted in this article.
HISTORY: 1962 Code Section 33-220.4; 1972 (57) 3013; 1980 Act No. 449; 1985 Act No. 201, Part II, Section 84C.
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 5 - State Highway System › Section 57-5-1350. Request for issuance of turnpike bonds; form and contents of request.

Whenever it becomes necessary that monies be raised for a turnpike facility, the commission may make request to the State Fiscal Accountability Authority for the issuance of turnpike bonds. The request may be in the form of resolution adopted at any regular or special meeting of the commission. The request shall set forth on the face thereof or by schedule attached thereto:
1. the turnpike facility proposed to be constructed;
2. the amount required for feasibility studies, planning, design, right-of-way acquisition, and construction of the turnpike facility;
3. a tentative time schedule setting forth the period of time for which the sum request must be expended;
4. a debt service table showing the estimated annual principal and interest requirements for the requested turnpike bonds;
5. any feasibility study obtained by the commission relating to the proposed turnpike facility;
6. the commission's recommendations relating to any covenant to be made in the bond resolution of the State Fiscal Accountability Authority respecting competition between the proposed turnpike facility and possible future highways whose construction would have an adverse effect upon the turnpike revenues which would otherwise be derived by the proposed turnpike facility.
HISTORY: 1962 Code Section 33-220.5; 1972 (57) 3013; 1980 Act No. 449; 1985 Act No. 201, Part II, Section 84C; 1993 Act No. 181, Section 1517.
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 5 - State Highway System › Section 57-5-1360. Power and duty of State Fiscal Accountability Authority upon receipt of request.

Following the receipt of a request pursuant to Section 57-5-1350, the State Fiscal Accountability Authority shall review the request and, to the extent that it approves the request, it may effect, by resolution duly adopted, the issuance of turnpike bonds, or pending their issuance, may effect the issuance of bond anticipation notes pursuant to Title 11, Chapter 17. A resolution approving any proposed turnpike bonds may not be adopted unless before approval the state board conducts, after not less than ten days' published notice, a public hearing in the City of Columbia.
HISTORY: 1962 Code Section 33-220.6; 1972 (57) 3013; 1980 Act No. 449; 1985 Act No. 201, Part II, Section 84C; 1996 Act No. 458, Part II, Section 92D.
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 5 - State Highway System › Section 57-5-1370. Authority to issue bonds.

Turnpike bonds may be issued from time to time under the conditions prescribed by this article.
HISTORY: 1962 Code Section 33-220.7; 1972 (57) 3013; 1980 Act No. 449; 1985 Act No. 201, Part II, Section 84C.
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 5 - State Highway System › Section 57-5-1380. Turnpike revenue pledged for payment of bonds.

For the payment of the principal of and interest on all turnpike bonds, there is irrevocably pledged all turnpike revenues derived from the turnpike facility financed by the bonds to the extent and in the manner prescribed by the bond resolution. Any interest earned on turnpike facility account balances must be credited to the turnpike facility account.
HISTORY: 1962 Code Section 33-220.12; 1972 (57) 3013; 1980 Act No. 449; 1985 Act No. 201, Part II, Section 84C.