1976 South Carolina Code of Laws
Updated through the end of the 2001 Session
Copyright and Disclaimer
The State of South Carolina owns the copyright to the Code of Laws of South Carolina, 1976, as contained herein. Any use of the text, section headings, or catchlines of the 1976 Code is subject to the terms of federal copyright and other applicable laws and such text, section headings, or catchlines may not be reproduced in whole or in part in any form or for inclusion in any material which is offered for sale or lease without the express written permission of the Chairman of the South Carolina Legislative Council or the Code Commissioner of South Carolina.
This statutory database is current through the 2001 Regular Session and the 2001 Extra Session of the South Carolina General Assembly. Changes to the statutes enacted by the 2002 General Assembly, which will convene in January 2002, will be incorporated as soon as possible. Some changes enacted by the 2002 General Assembly may take immediate effect. The State of South Carolina and the South Carolina Legislative Council make no warranty as to the accuracy of the data, and users rely on the data entirely at their own risk.
The Legislative Council by law is charged with compiling and publishing the 1976 Code and it is maintained in a database which may be accessed for commercial purposes by contacting the Legislative Council or the office of Legislative Printing, Information and Technology Systems.
Title 48 - Environmental Protection and Conservation
REGULATION OF FIRES ON CERTAIN LANDS
SECTION 48-35-10. Starting fire in woodlands, grasslands, and other places shall be unlawful unless certain precautions are taken.
It shall be unlawful for any owner or lessee of land or any employee of such owner or lessee or other person to start, or cause to be started, a fire in any woodlands, brushlands, grasslands, ditchbanks, or hedgerows or in any debris, leaves or other flammable material adjacent thereto, except under the following conditions:
(a) Proper notification shall be given to the State Forester, or his duly authorized representative or other persons designated by the State Forester. The notice shall contain all information required by the State Forester or his representative.
(b) Such persons shall have cleared around the area to be burned and have immediately available sufficient equipment and personnel to adequately secure the fire and prevent its spread.
(c) The person starting the burning shall supervise carefully the fire started and have it under control prior to leaving the area.
SECTION 48-35-20. Authorization must be obtained from landowner to conduct burning.
A lessee of any land, or any employee of any landowner or lessee of land, or other person, must receive prior authorization from the landowner to conduct such burning, in addition to complying with the other provisions of this chapter.
SECTION 48-35-30. Chapter inapplicable to fires within municipalities.
The provisions of this chapter shall not apply to fires which may be started within the corporate limits of any town or city.
SECTION 48-35-40. Burning prohibited during periods of emergency.
No burning shall be carried out during any period which the Governor has declared that an emergency exists in connection with forest fires.
SECTION 48-35-50. State Forester may prohibit fires.
The State Forester may direct at any time, when deemed necessary in the interest of public safety, that fires covered by this chapter not be started.
SECTION 48-35-60. Penalties.
Any person violating the provisions of this chapter shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined not less than ten dollars nor more than one hundred dollars or imprisoned for not less than ten days nor more than thirty days. For any second or subsequent offense, a fine of not less than twenty-five dollars nor more than three hundred dollars or imprisonment for not more than six months may be imposed in the discretion of the court. "Subsequent offense," as used in this section, shall mean an offense committed within ten years of a previous offense.