reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 20 - South Carolina Mining Act › Section 48-20-230. Criminal penalties; authority of department to institute other actions or proceedings.

In addition to other penalties provided by this chapter, an operator who engages in mining in wilful violation of the provisions of this chapter or of regulations promulgated under it or who wilfully misrepresents a fact in an action taken pursuant to this chapter or wilfully gives false information in an application or report required by this chapter is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars nor more than one thousand dollars for each offense. Each day of continued violation after written notification is a separate offense.
In addition to other remedies, the department may institute an appropriate action or proceedings to prevent, restrain, correct, or abate a violation of this chapter or a regulation promulgated under this chapter.
HISTORY: 1990 Act No. 454, Section 2.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 20 - South Carolina Mining Act › Section 48-20-240. Disposition of fees and civil penalties.

All fees and civil penalties collected under the provisions of this chapter must be deposited in the general fund through the State Treasurer. Fee revenue attributable to increased or additional fees imposed pursuant to this chapter after May 1, 2003, must be retained and expended for the department's mining and reclamation program. Funds retained pursuant to this section must be used specifically to provide additional staff for the mining and reclamation program and to provide educational and training assistance to the mining industry in South Carolina.
HISTORY: 1990 Act No. 454, Section 2; 2004 Act No. 257, Section 1.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 20 - South Carolina Mining Act › Section 48-20-250. Affect of chapter on local zoning regulations or ordinances.

No provision of this chapter supersedes, affects, or prevents the enforcement of a zoning regulation or ordinance within the jurisdiction of an incorporated municipality or county or by an agency or department of this State, except when a provision of the regulation or ordinance is in direct conflict with this chapter.
HISTORY: 1990 Act No. 454, Section 2.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 20 - South Carolina Mining Act › Section 48-20-260. Chapter not to restrict or impair private right of action.

No provisions of this chapter may restrict or impair the right of a private or public person to bring a legal or equitable action for damages or redress against nuisances or hazards.
HISTORY: 1990 Act No. 454, Section 2.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 20 - South Carolina Mining Act › Section 48-20-270. Chapter not to impose liability on State for damages.

Nothing contained in this chapter and no action or failure to act under this chapter may be construed to impose liability on the State, department, district, or an agency, officer, or employee of the State for the recovery of damages caused by the action or failure to act.
HISTORY: 1990 Act No. 454, Section 2; 1993 Act No. 181, Section 1224.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 20 - South Carolina Mining Act › Section 48-20-280. Application of chapter.

The provisions of this chapter do not apply to those activities of the:
(1) South Carolina State Ports Authority, nor of a person acting under contract with the authority; undertaken solely in connection with the construction, repair, and maintenance of the authority's shipping container terminals;
(2) Department of Transportation, nor of a person acting under contract with the department, on highway rights-of-way or borrow pits maintained solely in connection with the construction, repair, and maintenance of the public road systems of the State. This exemption does not become effective until the department has adopted reclamation standards applying to those activities and the standards have been approved by the council. At the discretion of the department, the provisions of this chapter may apply to mining on federal lands; or
Text of (3) effective upon adoption of the Department of Commerce's reclamation standards applying to those activities used by the Department of Transportation. See Editor's Note.
(3) Department of Commerce, Division of Public Railways, nor of a person acting under contract with the Department of Commerce, on rail rights-of-way or borrow pits maintained solely in connection with the construction, repair, and maintenance of the public rail infrastructure of the State.
HISTORY: 1990 Act No. 454, Section 2; 1993 Act No. 181, Section 1225; 2016 Act No. 188 (H.4932), Section 7, eff May 25, 2016; 2018 Act No. 209 (S.1099), Section 1, eff May 15, 2018 and eff upon contingency.
Editor's Note
2018 Act No. 209, Section 2, provides as follows:
"SECTION 2. Section 48-20-280(3) is effective upon adoption of the Department of Commerce's reclamation standards applying to those activities used by the Department of Transportation."
Effect of Amendment
2016 Act No. 188, Section 7, added the paragraph identifiers, and inserted (1), relating to the South Carolina State Ports Authority.
2018 Act No. 209, Section 1, added (3), relating to the Division of Public Railways of the Department of Commerce, and made nonsubstantive changes.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 20 - South Carolina Mining Act › Section 48-20-290. Authority to department to accept grants, to engage in research, and cooperate with governmental entities.

The department, with the approval of the Governor, and in order to accomplish any of the purposes of the department, may apply for, accept, and expend grants from the federal government and its agencies and from a foundation, corporation, association, or individual may enter into contracts relating to the grants, and may comply with the terms, conditions, and limitations of the grants or contracts. The department may engage in appropriate research to further its ability to accomplish its purposes under this chapter and may contract for the research to be done by others. The department may cooperate with the federal, state, or a local government or agency of this or any other state in mutual programs to improve the enforcement of this chapter or to accomplish its purposes more successfully.
HISTORY: 1990 Act No. 454, Section 2.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 20 - South Carolina Mining Act › Section 48-20-310. Exceptions to civil penalty provisions.

The civil penalties imposed upon certain violations of this chapter, including failure to act, do not include a violation which was caused by an act of God, war, strike, riot, or other catastrophe when negligence on the part of the violator was not the proximate cause.
HISTORY: 1990 Act No. 454, Section 2.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 21 - Interstate Mining Compact › Section 48-21-20. Mining council.

(a) The "mining council" is established in the office of the Governor. The council is the advisory body referred to in Article V(a) of the Interstate Mining Compact. Members of the council and the Governor's alternate on the Interstate Mining Commission shall receive the per diem, mileage, and subsistence allowed by law for members of state boards, committees, and commissions.
(b) The council shall be composed of eleven members. One member shall be the State Geologist and one member shall be the Secretary of Commerce or his designee. Three members, appointed by the Governor, shall be representatives of mining industries; three members, appointed by the Governor, shall be representatives of nongovernmental conservation interests; two members, appointed by the Governor, shall be representatives of the Department of Health and Environmental Control who shall be knowledgeable in the principles of water and air resources management; and one member, appointed by the Governor, shall be his official representative to the Interstate Mining Compact Commission. Any public official appointed to the council shall serve ex officio. The term of office for the Secretary of Commerce or his designee and the Governor's official representative to the Interstate Mining Compact Commission shall be coterminous with that of the Governor. Of the remaining eight members appointed by the Governor, six shall be appointed for terms of six years, two shall be appointed for terms of two years and beginning July 1, 1976, the term of office for all new appointments and reappointments to these eight positions shall be for four years. The term of each member of the council shall expire on June thirtieth of the year in which his term expires. Any vacancy occurring on the council by death, resignation, or otherwise shall be filled for the unexpired term of the person creating the vacancy by the Governor.
(c) In accordance with Article V (i) of the compact, the commission shall file copies of its bylaws and any amendments thereto with the Director Department of Health and Environmental Control.
HISTORY: 1962 Code Section 63-702; 1972 (57) 2279; 1974 (58) 2395; 1977 Act No. 2, Section 1; 1988 Act No. 658, Part II, Section 17; 1993 Act No. 181, Section 1226; 1993 Act No. 181, Section 1227; 1994 Act No. 361, Section 8; 2008 Act No. 273, Section 8, eff June 4, 2008.
Effect of Amendment
The 2008 amendment, deleted "with the advice and consent of the Senate" three times in the second sentence with regard to members appointed by the Governor from the mining industries, representatives of nongovernmental conservation interests, and representatives of the Department of Health and Environmental Services.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 21 - Interstate Mining Compact › Section 48-21-30. Governor's alternate or designee member on Interstate Mining Commission.

The eleventh member appointed to the Mining Council of South Carolina, authorized by this chapter, shall be the Governor's alternate or designee on the Interstate Mining Commission as provided by the Interstate Mining Compact.
HISTORY: 1962 Code Section 63-703; 1974 (58) 2317; 1991 Act No. 248, Section 6.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 22 - The South Carolina Geological Survey Unit Of The Department Of Natural Resources › Section 48-22-10. Creation of State Geological Survey Unit; hiring of State Geologist; qualifications.

The South Carolina Geological Survey Unit is established under the Department of Natural Resources. The State Geologist must be hired by the Director of the Department of Natural Resources. He must have graduated from an accredited college or university with a full curriculum in geology and had at least eight years of practical work experience, academic, governmental, or industrial, in geology.
HISTORY: 1993 Act No. 181, Section 1228; 1994 Act No. 497, Section 59D; 2019 Act No. 75 (H.4013), Section 1, eff May 16, 2019.
Effect of Amendment
2019 Act No. 75, Section 1, in the second sentence, substituted "hired by" for "appointed by", and in the third sentence, substituted "at least eight years" for "at least five years".
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 22 - The South Carolina Geological Survey Unit Of The Department Of Natural Resources › Section 48-22-20. Repealed.

HISTORY: Former Section, titled Powers, duties, property, devolved upon Department of Natural Resources, had the following history: 1993 Act No. 181, Section 1228; 1994 Act No. 497, Section 59D. Repealed by 2018 Act No. 246, Section 9, eff July 1, 2018.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 22 - The South Carolina Geological Survey Unit Of The Department Of Natural Resources › Section 48-22-30. Powers and duties of State Geologist.

(A) The State Geologist shall:
(1) travel throughout the State so as to make himself familiar with the geology, geologic hazards, and mineral resources of each section;
(2) undertake field and laboratory work his time permits;
(3) perform other duties that properly pertain to his office.
(B) The department may employ geologists, technicians, and other personnel necessary to conduct the objectives of the unit.
HISTORY: 1993 Act No. 181, Section 1228; 1994 Act No. 497, Section 59D; 2019 Act No. 75 (H.4013), Section 2, eff May 16, 2019.
Effect of Amendment
2019 Act No. 75, Section 2, in (A)(1), inserted ", geologic hazards,".
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 22 - The South Carolina Geological Survey Unit Of The Department Of Natural Resources › Section 48-22-50. Maintenance of files by unit; confidentiality of certain information.

The unit shall maintain all unpublished information in its files which must be open to the public, except in cases where the investigator still has work in progress on a project leading to a publication or where an industrial firm, interested in possibly locating in the State, asks temporary confidential status for oral and written geologic related information supplied by them or obtained on their properties. In the latter instance the information may be held in confidence by the unit for not more than one year from the date the information was obtained.
HISTORY: 1993 Act No. 181, Section 1228; 1994 Act No. 497, Section 59D.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 22 - The South Carolina Geological Survey Unit Of The Department Of Natural Resources › Section 48-22-60. Impartiality of unit.

The unit shall work impartially for the benefit of the public, and no person, firm, or governmental agency may call upon or require the State Geologist or unit staff to enter upon a special survey for his or their special benefit.
HISTORY: 1993 Act No. 181, Section 1228; 1994 Act No. 497, Section 59D.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 23 - Forestry Generally › Section 48-23-10. State Commission of Forestry.

There is created and established a State Commission of Forestry to consist of nine members, each of whom shall be a resident of this State and shall be appointed by the Governor. Of this commission, two members shall be practical lumbermen, one member shall be a farmer who is a landowner, three members shall be selected and appointed from the public at large, two members shall be appointed by the Governor from the public at large upon the advice and consent of the Senate and the ninth member shall be the President of Clemson University or the Dean of the School of Forestry to serve as his designee on the commission. The members of the commission shall be selected and appointed with reference to their knowledge of and interest in the forests of the State and the products derived therefrom. In making his appointments, the Governor shall make all reasonable effort to provide representation from every geographical section of the State and a reasonable balance between the interests of corporations and individuals.
HISTORY: 1962 Code Section 29-1; 1952 Code Section 29-1; 1942 Code Sections 3277, 3278; 1932 Code Sections 3277, 3278; 1927 (35) 367; 1972 (57) 2596; 1981 Act No. 178, Part II, Section 28.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 23 - Forestry Generally › Section 48-23-20. Terms of office of members of commission.

The terms of office of the present members of the State Commission of Forestry are hereby extended from the thirtieth day of May to the thirtieth day of June of the year in which their present terms expire. The successor to the member whose term expires hereunder on June 30, 1953 shall be appointed for a term of five years from that date, and the successors to the members whose terms expire on June 30, 1954, 1955 and 1956, respectively, shall be for a period of six years, and thereafter all appointive members shall be appointed for a term of six years. The president of Clemson University shall continue a member of the Commission as long as he retains his office as president of the University.
HISTORY: 1962 Code Section 29-2; 1952 Code Section 29-2; 1942 Code Section 3278; 1932 Code Section 3278; 1927 (35) 367; 1953 (48) 147.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 23 - Forestry Generally › Section 48-23-30. Chairman of commission; meetings.

The members of the Commission shall from their number select a chairman whose duty shall be to call the Commission together as often as the public interests and need demand. The place of the meeting shall be designated by the chairman, who shall likewise designate a place for the headquarters of the State Forester.
HISTORY: 1962 Code Section 29-3; 1952 Code Section 29-3; 1942 Code Section 3278; 1932 Code Section 3278; 1927 (35) 367.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 23 - Forestry Generally › Section 48-23-40. Payment of commission members' expenses.

The members of the Commission shall be paid their actual expenses while in attendance upon the meetings of the Commission or while going to and from such meetings.
HISTORY: 1962 Code Section 29-4; 1952 Code Section 29-4; 1942 Code Section 3278; 1932 Code Section 3278; 1927 (35) 367.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 23 - Forestry Generally › Section 48-23-50. Appointment, qualifications, and duties of State Forester.

The Commission shall appoint and employ a State Forester, who shall be a technically trained forester with at least two years' experience in technical, practical and administrative work, and shall fix his compensation. The State Forester shall perform all such duties as shall be directed by the Commission and shall be charged with the direction of all matters relative to forestry as authorized by the provisions of Sections 48-23-60 to 48-23-90, subject, however, to the supervision and control of the Commission. The State Forester may be removed by the Commission, if he is, or in the opinion of the Commission becomes, for any cause unsuitable or incompetent.
HISTORY: 1962 Code Section 29-8; 1952 Code Section 29-8; 1942 Code Section 3280; 1932 Code Section 3280; 1927 (35) 367.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 23 - Forestry Generally › Section 48-23-60. State Forester to be secretary to commission.

The State Forester shall serve as the secretary of the Commission and shall be custodian of the books, records and papers of the Commission which he shall keep at the headquarters designated by the Commission.
HISTORY: 1962 Code Section 29-5; 1952 Code Section 29-5; 1942 Code Section 3278; 1932 Code Section 3278; 1927 (35) 367.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 23 - Forestry Generally › Section 48-23-70. Unlawful acts; penalties.

(A) It is unlawful for a person to:
(1) remove a shrub, tree, or forest product or attempt to do so, from State Commission of Forestry land without the permission of the commission;
(2) cut or mutilate a shrub or tree growing on State Commission of Forestry land without the permission of the commission;
(3) mutilate or deface real or personal property belonging to or located upon State Commission of Forestry land;
(4) destroy scenic values, by dumping rubbish or in any other way whatsoever, within the confines of State Commission of Forestry lands; or
(5) consume or display an alcoholic beverage in public on lands of the State Commission of Forestry, except where specifically authorized by the commission. For purposes of this item, "alcoholic beverage" means "alcoholic beverage" as defined in Section 61-6-20, and beer, wine, and all other beverages defined as "nonalcoholic beverages" in Section 61-4-10.
(B) A person who violates a provision of subsection (A) is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not more than two hundred dollars or imprisonment for not more than thirty days, or both.
(C) In addition to the penalties provided in subsection (B), a person who is convicted of violating a provision of items (1) through (4) of subsection (A) must make restitution to the State Commission of Forestry in an amount determined by the sentencing court to be necessary to clean up, repair, rebuild, and restore the abused real and personal property of the State Commission of Forestry to its condition before the abuse occurred. The sentencing court must also set the time limits within which the restitution must be paid and retains jurisdiction of the case for the purpose of enforcing the order for restitution until restitution is made.
(D) A person who fails to pay the amount required within the time established for making restitution may be cited for contempt of court by the sentencing court and punished by a fine of not more than the amount originally required for restitution, or imprisonment for not more than six months, or both.
(E) A person who is convicted of violating a provision of subsection (A) twice within a three-year period is barred from entering lands belonging to the State Commission of Forestry for a period of one year. A person who enters State Commission of Forestry lands while barred is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not less than two hundred dollars nor more than five hundred dollars or imprisoned for not more than thirty days, or both, and his privilege to enter upon lands of the commission is automatically suspended for an additional year.
HISTORY: 1962 Code Section 29-20; 1952 Code Section 29-20; 1942 Code Section 3284-4; 1937 (40) 569; 2002 Act No. 258, Section 1.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 23 - Forestry Generally › Section 48-23-80. General powers of commission.

The State Commission of Forestry may acquire, own, sell, lease, exchange, transfer, rent, pledge and mortgage real and personal property and cooperate with all agencies of the Federal Government in all matters pertaining to reforestation and providing employment for the benefit of the public and may also cooperate with any other department of government of this State to accomplish the intent and purposes of this chapter, and any and all powers deemed necessary for the Commission to conform to any act of Congress or to any rule or regulation promulgated by any duly authorized agency of the Federal Government is hereby vested in the Commission.
HISTORY: 1962 Code Section 29-6; 1952 Code Section 29-6; 1942 Code Section 3284-1; 1933 (38) 503.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 23 - Forestry Generally › Section 48-23-85. Power of commission to negotiate agreements with Federal Agencies for certain services on Federal lands.

The Forestry Commission may negotiate agreements with Federal Agencies for providing fire, detection, presuppression, and suppression services on Federal lands. The charges for these services must be no less than the cost to the Commission for rendering the services. All receipts from services provided by the Commission must be used to offset the cost of providing the services. When the State Forester determines the assistance received from a federal agency on adjoining private or state lands equals that provided by the state on federal lands, no charges will be made.
HISTORY: 1983 Act No. 151, Part II, Section 12.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 23 - Forestry Generally › Section 48-23-86. Duties of State Forester and Forestry Commission with respect to forest disasters; development of Forest Disaster Plan.

The State Forester shall take immediate action upon report of a forest disaster to determine the extent of damage by conducting ground and aerial surveys including photography if necessary. When conditions warrant, the State Forester shall declare that a forest disaster exists and notify the Governor of his action.
All necessary resources of the Forestry Commission may be used to assist citizens and local governments on public and private land where life or health is in danger. The Forestry Commission shall also assist other state agencies, utility companies and cooperatives, in the clearing of transportation routes, and power and communication lines.
The Forestry Commission shall develop a Forest Disaster Plan to provide for systematic salvage and utilization of all forest products damaged by disasters of all types. This plan shall provide methods to coordinate all forestry community interests and groups to conserve the damaged forest resources of South Carolina, protect the environment and reestablish forests on the damaged areas.
After the disaster area has resumed normal status and salvage is completed, the State Forester shall declare the forest disaster over, compile a report of the disaster, and inform the Governor.
HISTORY: 1986 Act No. 417, Section 1.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 23 - Forestry Generally › Section 48-23-90. General duties of commission.

The Commission shall inquire into and make an annual report to the General Assembly upon the forest conditions in the State, with reference to the preservation of forests, the effect of the destruction of forests upon the general welfare of the State and other matters pertaining to the subject of forestry and tree growth, including recommendations to the public generally as to reforestation.
It shall take such action and afford such organized means as may be necessary to prevent, control and extinguish fires, including the enforcement of any and all laws pertaining to the protection of the forests and woodlands of the State.
It shall give such advice, assistance and cooperation as may be practical to private owners of land and promote, so far as it may be able, a proper appreciation by the public of the advantages of forestry and the benefits to be derived from forest culture and preservation.
It shall cooperate with the Federal Government in the distribution of funds allotted to the State for forestry purposes and shall assist in the enforcement of all laws pertaining thereto. It shall have the control of the expenditure of all funds received by it.
HISTORY: 1962 Code Section 29-7; 1952 Code Section 29-7; 1942 Code Section 3279; 1932 Code Section 3279; 1927 (35) 367.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 23 - Forestry Generally › Section 48-23-95. Official summons form for making arrests; disposition of charges.

The State Commission of Forestry shall prescribe and prepare a special official summons form to be used exclusively by its law enforcement officers in making arrests for misdemeanors triable in magistrate's court.
A person charged with these offenses, upon service of the commission summons by a law enforcement officer, shall appear in the court therein named at the time and place designated and the service shall vest in the court jurisdiction to hear and dispose of the charge for which the summons was issued.
HISTORY: 1982 Act No. 278, Section 1; 2004 Act No. 233, Section 1.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 23 - Forestry Generally › Section 48-23-96. Appointment of officers to carry out law enforcement responsibilities of commission; terms; removal; warning tickets.

(A) The State Forestry Commission shall appoint law enforcement officers whose terms of office must be permanent unless revoked by the commission. Officers may be removed by the commission on proof satisfactory to it that they are not fit persons for these commissions. These officers shall carry out the law enforcement responsibilities of the commission.
(B) The officers appointed by the State Forestry Commission may issue a written warning ticket on a form approved by the State Forestry Commission, as appropriate, in their discretion.
HISTORY: 1982 Act No. 381, Section 1; 2004 Act No. 233, Section 2; 2021 Act No. 72 (H.3541), Section 2, eff May 17, 2021.
Effect of Amendment
2021 Act No. 72, Section 2, inserted the (A) designator, and added (B).
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 23 - Forestry Generally › Section 48-23-97. Wood load tickets required for certain ticket sales; exceptions; penalties.

(A) Except as provided in this section, whenever a timber buyer or timber operator purchases trees, timber, or wood by the load directly from a timber grower and the load is sold by weight, cord, or measure of board feet, the timber buyer or timber operator must furnish the timber grower or seller within thirty days of the completion of the timber harvest a separate, true, and accurate wood load ticket for each and every load of wood removed from the seller's property. At a minimum, each wood load ticket must include in writing that is clearly legible the following:
(1) the ticket number;
(2) the name and address of the person, and the location of the facility receiving, weighing, scaling, or measuring the trees, timber, or wood;
(3) the date the trees, timber, or wood was received at the facility;
(4) the tract name or landowner;
(5) county and state of origin;
(6) the dealer's name if any;
(7) the producer or logging company name;
(8) the species of wood;
(9) the type of product;
(10) the weight or scale information:
(a) if the load is measured by weight, the gross, tare, and net weights must be shown; or
(b) if the load is measured by scale, the total volume must be shown; and
(11) the weight, scale, or amount of wood deducted and the deduction classification.
(B) The provisions of this section do not apply to:
(1) the sale of wood for firewood only;
(2) a landowner harvesting and processing his own timber; and
(3) bulk or lump-sum sales for an agreed total price for all timber purchased and sold in one transaction.
(C) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not less than one hundred dollars nor more than one thousand dollars, or imprisoned for not more than thirty days, or both.
HISTORY: 2002 Act No. 288, Section 2.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 23 - Forestry Generally › Section 48-23-100. Growth and sale of forest tree seedlings and transplants; restrictions; receipts to revolving fund; purchase for resale and revolving fund.

The State Commission of Forestry may grow and sell tree seedlings and transplants to landowners desiring to plant them for reforestation, wildlife, and Christmas tree purposes.
No trees may be sold by the commission under the provisions of this section that are to be planted for table trees, potted trees, or shade trees or for ornamental use. Nothing in this section may be construed to prohibit the commission from growing seedlings or transplants for distribution to be planted on state or federal lands, public school grounds, and other public institutions or along state highways.
All receipts from the sale of tree seedlings or transplants under the provisions of this section must be retained by the Forestry Commission for use by the commission in the operation of forest tree nurseries and seed orchards.
The commission may refund deposits placed with it for tree seedling orders.
When demand for forest tree seedlings from landowners in this State exceeds the supply available from commission nurseries, the commission may purchase seedlings for resale at cost plus shipping and one dollar a thousand for administrative costs. The revenue received from the resale and distribution of these seedlings must be retained in a seedling purchase revolving fund and expended only for that purpose.
HISTORY: 1962 Code Section 29-12; 1952 Code Section 29-12; 1942 Code Section 3283; 1932 Code Section 3283; 1929 (36) 184; 1992 Act No. 501, Part II, Section 16; 1994 Act No. 497, Part II, Section 4.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 23 - Forestry Generally › Section 48-23-110. Conveyance of State-owned wasteland to commission.

The State Fiscal Accountability Authority shall convey to the State Commission of Forestry certain wastelands now owned by such authority or hereafter owned by the State, as in the judgment of the authority may be to the interest of the State for forestry development, reforestation or other uses of the State Commission of Forestry.
Upon the sale of trees, timber or other articles or things upon such lands conveyed to the Commission by the Board or upon the sale of such lands so conveyed, the Commission shall pay to the Board a sum equal to the amount chargeable against such lands at the time of such conveyance.
HISTORY: 1962 Code Section 29-13; 1952 Code Section 29-13; 1942 Code Section 3284; 1932 Code Section 3284; 1929 (36) 184.
Code Commissioner's Note
At the direction of the Code Commissioner, references in this section to the offices of the former State Budget and Control Board, Office of the Governor, or other agencies, were changed to reflect the transfer of them to the Department of Administration or other entities, pursuant to the directive of the South Carolina Restructuring Act, 2014 Act No. 121, Section 5(D)(1), effective July 1, 2015.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 23 - Forestry Generally › Section 48-23-120. Acquisition of real estate for timber production and other purposes.

The State Commission of Forestry may acquire, by purchase, gift or otherwise, submarginal agricultural lands and cut over forest lands in this State at an average price not to exceed five dollars per acre and in no event above ten dollars per acre and use such lands for timber production, demonstration in forestry practice, erosion and flood prevention, game sanctuaries, public shooting grounds and places of general recreation.
HISTORY: 1962 Code Section 29-14; 1952 Code Section 29-14; 1942 Code Section 3284-1; 1933 (38) 503.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 23 - Forestry Generally › Section 48-23-130. Acquisition of lands for state forests.

The State Commission of Forestry may enter into agreements with the Federal Government or other agencies for acquiring by lease, purchase or otherwise such lands as in the judgment of the Commission are desirable for State forests. When lands are acquired or leased under this section the Commission may make expenditures from any funds not otherwise obligated for the management, development and utilization of such areas and may sell or otherwise dispose of products from such lands and make such rules and regulations as may be necessary to carry out the purposes of this section.
HISTORY: 1962 Code Section 29-15; 1952 Code Section 29-15; 1942 Code Section 3284-3; 1935 (39) 150, 1214; 1941 (42) 1314.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 23 - Forestry Generally › Section 48-23-132. Purposes for which revenues from specified sources may be used.

Revenue received from hunting privileges, rentals, fuel wood sales, the marketing of pine straw, merchantable timber, forest tree seed, and miscellaneous products on commission lands, excluding Sand Hills State Forest, must be retained by the commission to be used for reforestation of the Manchester State Forest, the development and operation of state forests and forest tree seed orchards, the maintenance of wildlife habitat, and the administration and operation of various programs on commission holdings. The commission may carry forward unexpended funds under this section to be used for those purposes.
HISTORY: 1994 Act No. 497, Part II, Section 9.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 23 - Forestry Generally › Section 48-23-135. Authorization to borrow; amount and terms.

In order to finance the cost of acquiring land for use as a second generation tree seed orchard, additional seedling production facilities, and field offices, the State Forestry Commission may borrow from one or more financial institutions or from whatever other source is appropriate not exceeding two million dollars for a period of time as needed, not exceeding twenty years, and upon the terms and conditions the commission, with the approval of the State Fiscal Accountability Authority, agrees upon.
HISTORY: 1983 Act No. 66, Section 1; 1987 Act No. 170, Part II, Section 46; 1988 Act No. 658, Part II, Section 44.
Code Commissioner's Note
At the direction of the Code Commissioner, references in this section to the offices of the former State Budget and Control Board, Office of the Governor, or other agencies, were changed to reflect the transfer of them to the Department of Administration or other entities, pursuant to the directive of the South Carolina Restructuring Act, 2014 Act No. 121, Section 5(D)(1), effective July 1, 2015.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 23 - Forestry Generally › Section 48-23-136. Pledge of revenue.

Notwithstanding any other provision of law, for the payment of the loan and the interest thereon, there is annually pledged all revenues derived from the sale of timber from Forestry Commission lands which exceed the amount of one hundred eight thousand, six hundred seventy dollars to be credited to the General Fund of the State and those funds designated for allocation to counties under the provisions of Section 48-23-260 of the 1976 Code, and all donations and revenues made available to the Commission for this purpose. Each year, after allocation of revenue from timber sales to the General Fund, counties, and the payment of principal and interest on the loan, any remaining funds may be used for the reforestation of Forestry Commission lands cut pursuant to this section and Section 48-23-135. Any unexpended balance at the close of each fiscal year must be carried forward and expended in accordance with the provisions of this section and Section 48-23-135.
HISTORY: 1983 Act No. 66, Section 2.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 23 - Forestry Generally › Section 48-23-140. Acceptance of gifts, conveyances, and leases.

The State Commission of Forestry may accept and hold gifts, donations or contributions from individuals, associations, corporations, counties, municipalities, the Federal Government or other agencies and may acquire real estate for purposes within the powers and duties of the Commission. Any gift, donation or contribution accepted and held by the Commission under the provisions of this section shall be used for the purpose specified by the donor. The Commission may accept conveyances and leases of real and personal property for, in the name of, and on behalf of the State from the Secretary of the Interior of the United States, subject to the terms and conditions of the act of Congress of June 6, 1942 (56 US Statutes 326).
HISTORY: 1962 Code Section 29-16; 1952 Code Section 29-16; 1942 Code Sections 3281, 3282; 1932 Code Sections 3281, 3282; 1927 (35) 367; 1929 (36) 194; 1944 (43) 1318.
Code Commissioner's Note
56 Stat. 326 was repealed by 61 Stat. 209. See former 15 USCA Section 609r.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 23 - Forestry Generally › Section 48-23-145. Compensation supplements paid to personnel of State Commission of Forestry.

Compensation supplements paid commission personnel by counties or other political subdivisions, or both, must not be extended to additional employees nor increased.
HISTORY: 1994 Act No. 497, Part II, Section 8A.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 23 - Forestry Generally › Section 48-23-150. Disbursement of funds.

All of such funds shall be disbursed by the State Treasurer upon warrants drawn by the State Commission of Forestry.
HISTORY: 1962 Code Section 29-17; 1952 Code Section 29-17; 1942 Code Section 3281; 1932 Code Section 3281; 1927 (35) 367.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 23 - Forestry Generally › Section 48-23-160. Sale, exchange, or lease of lands.

The Commission may sell, exchange or lease lands under its jurisdiction when in its judgment it is advantageous to the State to do so for the most orderly development and management of State forests, except that no such sale, lease or exchange shall be contrary to the terms of any contract which the Commission has entered into.
HISTORY: 1962 Code Section 29-18; 1952 Code Section 29-18; 1942 Code Section 3284-3; 1935 (39) 150, 1214; 1941 (42) 1314.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 23 - Forestry Generally › Section 48-23-170. Execution of deeds, mortgages, or contracts.

Whenever it shall become necessary to execute deeds, mortgages or contracts to carry out any of the provisions of this chapter the Commission may, by resolution duly adopted, delegate the execution and delivery of any such documents to the chairman of the Commission and the State Forester. Such instruments shall be executed in the name of the State Commission of Forestry, shall be signed by the chairman and by the State Forester and, in case of deeds or mortgages, shall be witnessed and probated as required by law. Such instruments, when so authorized by resolution of the Commission, executed as above set out and delivered, shall be in all respects the acts of the State Commission of Forestry and shall be binding upon it as fully as if executed by the members of the Commission themselves.
HISTORY: 1962 Code Section 29-18.1; 1952 Code Section 29-18.1; 1951 (47) 273.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 23 - Forestry Generally › Section 48-23-180. Marking and tallying forestry products.

The State Commission of Forestry may mark or tally trees under approved forestry practices preparatory to the cutting or using of such trees for lumber, veneer, poles, piling, pulpwood, cordwood and all other forest products when and if requested by the landowner or his agent. The landowner or his agent shall pay to the Commission for such services for forested tracts of five hundred acres or less five per cent of the sale price of the stumpage so marked within thirty days following the removal of the timber or ten per cent of the agreed upon value of the products so marked and for all forested tracts in excess of five hundred acres such amount on the first five hundred acres and twenty per cent of the sale price of the stumpage so marked upon all acres in excess of five hundred. Such amount shall be paid by the Commission to the State Treasurer and by him credited to the Federal revolving fund now in existence, for use for the purpose of this section and for general forestry purposes.
HISTORY: 1962 Code Section 29-19; 1952 Code Section 29-19; 1942 Code Section 3284-6; 1941 (42) 245.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 23 - Forestry Generally › Section 48-23-190. Telephone line attachments to commission's poles; charges.

The State Commission of Forestry may permit telephone line attachments to its poles under such terms and conditions as the Commission deems advisable and charge standard rental rates therefor. But before the Commission shall grant authority for such attachments it shall require the applicant to sign an agreement prescribed by the Commission, setting forth the terms and conditions under which such attachments shall be installed and maintained.
HISTORY: 1962 Code Section 29-21; 1952 Code Section 29-21; 1947 (45) 477.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 23 - Forestry Generally › Section 48-23-200. Rules and regulations.

The State Commission of Forestry may make such rules and regulations as it deems advisable for the protection, preservation, operation and maintenance, and for the most beneficial service to the general public, of the State forests in this State.
HISTORY: 1962 Code Section 29-22; 1952 Code Section 29-22; 1942 Code Section 3284-4; 1937 (40) 569.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 23 - Forestry Generally › Section 48-23-210. Pledge of income for repayment of labor costs pertaining to reforestation.

The Commission may pledge fifty per cent of the net income from lands acquired under Section 48-23-120 for the repayment of labor costs incurred under Federal laws pertaining to reforestation, should such be made a requisite by the Federal Government.
HISTORY: 1962 Code Section 29-23; 1952 Code Section 29-23; 1942 Code Section 3284-1; 1933 (38) 503.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 23 - Forestry Generally › Section 48-23-220. Borrowing by commission.

The State Commission of Forestry may borrow from time to time sums of money not exceeding five hundred thousand dollars from any source available and issue evidences of indebtedness therefor in the form of notes or bonds, as may be determined by the Commission, at a rate of interest not exceeding six per cent per annum, payable either annually or semiannually, as the Commission may determine, and with such maturities as may be determined by the Commission, not exceeding, however, twenty years from the date of issue of the first obligation issued hereunder. The Commission may secure any sums borrowed under the terms hereof by mortgage of any property owned by it and it may also pledge any and all income of every kind and pledge any and all rents, incomes, issues and profits accruing to it from any of its properties and any rights or privileges accruing to it under any contract of sale or lease. Unless otherwise provided herein, all of the details of any loan and the manner of execution of the evidences of indebtedness and of the mortgages or other security authorized to be pledged shall be within the discretion of the Commission.
HISTORY: 1962 Code Section 29-24; 1952 Code Section 29-24; 1942 Code Section 3284-1; 1933 (38) 503.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 23 - Forestry Generally › Section 48-23-230. Liability of State for commission's obligations; source of funds for repayment.

The State is in no manner liable for any debt incurred under the terms of Section 48-23-220 but all such obligations shall be met by the State Forestry Commission out of moneys coming into its hands from the property pledged and at least fifty per cent of its income from sales, issues, rents, profits and leases shall be applied annually to the payment of principal and interest due on any such loan.
HISTORY: 1962 Code Section 29-25; 1952 Code Section 29-25; 1942 Code Section 3284-1; 1933 (38) 503.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 23 - Forestry Generally › Section 48-23-240. Liability of State for obligations for acquisition of land.

Obligations for the acquisition of land incurred by the Commission under the authority of Section 48-23-130 shall be paid solely and exclusively from revenues derived from such lands and shall not impose any liability upon the general credit and taxing power of the State.
HISTORY: 1962 Code Section 29-26; 1952 Code Section 29-26; 1942 Code Section 3284-3; 1935 (39) 150, 1214; 1941 (42) 1314.