Current Status Introducing Body:House Bill Number:3595 Primary Sponsor:Wright Committee Number:20 Type of Legislation:GB Subject:Land Resources Commission, duties of Residing Body:House Current Committee:Agriculture, Natural Resources, and Environmental Affairs Date Tabled:Feb 04, 1992 Computer Document Number:JIC/5386.HC Introduced Date:Feb 26, 1991 Last History Body:House Last History Date:Feb 04, 1992 Last History Type:Tabled in Committee Scope of Legislation:Statewide All Sponsors:Wright Type of Legislation:General Bill
Bill Body Date Action Description CMN
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3595 House Feb 04, 1992 Tabled in Committee 20
3595 House Feb 26, 1991 Introduced, read first time, 20
referred to Committee
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TO AMEND SECTION 48-18-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT FOR THE LAND RESOURCES COMMISSION TO PROMULGATE REGULATIONS AND INSPECT FOR IMPLEMENTATION FOR PURPOSES OF THE EROSION AND SEDIMENT REDUCTION ACT OF 1983, SO AS TO DELETE THE EXEMPTION FROM REGULATION FOR LAND OWNED BY OR UNDER THE JURISDICTION OF THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, TO DELETE THE REQUIREMENT FOR THE DEPARTMENT TO PROMULGATE REGULATIONS FOR EROSION AND SEDIMENT REDUCTION AND STORMWATER MANAGEMENT PURSUANT TO THE ACT, AND TO REQUIRE THE LAND RESOURCES COMMISSION TO PROMULGATE APPROPRIATE REGULATIONS WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS ACT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 48-18-70 of the 1976 Code is amended to read:
"Section 48-18-70. (1) The commission must shall promulgate regulations for erosion and sediment reduction and stormwater management only on land either owned by the this State, a state agency, or quasi-state agency or land under the management or control of such an entity these through right-of-way easements or other agreements between such entities these entities and private landowners, except that the regulations may not apply to land owned by or under the jurisdiction of the South Carolina Department of Highways and Public Transportation or forest land owned or managed by the South Carolina Forestry Commission. The regulations shall apply to privately-owned lands only where they are under the management or control of the this State, a state agency, or quasi-state agency through right-of-way easements or other agreements. The regulations must include, but not be limited to, technical standards, specifications, and guidelines for erosion and sediment reduction and stormwater management, and requirements for the implementation of the standards and specifications. The commission must shall develop and propose for approval, the regulations provided for in this subsection in consultation with the State Engineer, Division of General Services, and other state agencies as applicable. The State Engineer must shall insure that such the regulations are followed on all land and land disturbing activities under his jurisdiction.
(2) The commission or its designated representative may inspect any land owned by the this State, a state agency, or quasi-state agency or land under the management or control of such an entity these entities through right-of-way easements or other agreements between such these entities and private landowners to determine existing erosion and sedimentation and stormwater management problems and to insure the implementation of the provisions of the regulations provided for in subsection (1) of this section.
(3) Any A state agency found by the commission to be in noncompliance with the erosion and sediment reduction and stormwater management standards provided for in subsection (1) of this section must shall take the necessary steps as indicated by the standards and specifications provided for in subsection (1) of this section to correct the problems.
(4) The South Carolina Department of Highways and Public Transportation must promulgate regulations in consultation with the Commission for erosion and sediment reduction and stormwater management on land and land disturbing activities under the jurisdiction of the Department.
(5) The South Carolina Forestry Commission must shall develop a plan, in consultation with the Land Resources Commission, for erosion and sediment reduction and stormwater management on forest land owned or managed by the Forestry Commission, and shall implement such the plan."
SECTION 2. The South Carolina Land Resources Commission shall promulgate regulations necessary to implement the provisions of this act within one year of the effective date of this act.
SECTION 3. This act takes effect upon approval by the Governor.