Current Status Bill Number:460 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19950207 Primary Sponsor:Peeler, All Sponsors:Peeler, Leventis, Land and Holland Drafted Document Number:pfm\7135bdw.95 Companion Bill Number:3446 Residing Body:Senate Current Committee:Agriculture and Natural Resources Committee 01 SANR Subject:Agricultural facilities
Body Date Action Description Com Leg Involved
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Senate 19950207 Introduced, read first time, 01 SANR
referred to Committee
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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-45-70 SO AS TO PROVIDE REQUIREMENTS FOR THE LOCATION OF AGRICULTURAL FACILITIES AND AGRICULTURAL WASTE DISPOSAL AREAS; TO AMEND SECTION 46-45-30, AS AMENDED, RELATING TO THE CIRCUMSTANCES UNDER WHICH AGRICULTURAL FACILITIES AND OPERATIONS ARE NOT NUISANCES, SO AS TO DELETE THE REQUIREMENT THAT THE FACILITY OR OPERATION MUST BE IN OPERATION FOR ONE YEAR OR MORE; AND TO AMEND SECTION 46-45-60, AS AMENDED, RELATING TO LOCAL ORDINANCES PERTAINING TO AGRICULTURAL FACILITIES AND OPERATIONS, SO AS TO PROVIDE FOR THE CONDITIONS UNDER WHICH RELATED PERMITS MUST NOT BE SUSPENDED, DENIED, OR REVOKED.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 46-45-70. (A) Production and waste areas of an agricultural facility must be located:
(1) at least two hundred feet from the center line of public roads;
(2) at least one hundred feet from private potable wells;
(3) at least two hundred feet from public potable wells;
(4) at least one hundred feet from a watercourse of the State;
(5) at least fifty feet from a ditch or swale;
(6) at least one thousand feet from occupied or occupiable residences. As used in this item, `residence' includes, but is not limited to, mobile homes, apartments, condominiums, nursing homes, camps, campgrounds, hotels, motels, or similar places people may live. However, the one thousand feet set-back is waived with the consent of the owner of the residence;
(7) when zoning restrictions apply, on property zoned for agricultural uses;
(8) out of the one-hundred-year flood plain unless protected from flooding.
(B) Agricultural waste disposal areas must be located:
(1) at least one hundred feet from a watercourse of the State;
(2) at least one hundred feet from private potable wells;
(3) at least two hundred feet from public potable wells;
(4) at least two hundred feet from property lines unless the adjacent property owner agrees to a lesser distance. However, he may not agree to less than one hundred feet;
(5) at least fifty feet from a ditch or swale;
(6) at least three hundred feet from a public place;
(7) when zoning restrictions apply, on property zoned for agricultural uses."
SECTION 2. Section 46-45-30 of the 1976 Code, as amended by Act 442 of 1990, is further amended to read:
"Section 46-45-30. No agricultural facility or any agricultural operation at an agricultural facility is or may become a nuisance, private or public, by any changed conditions in or about the locality of the facility or operation if the facility or operation has been in operation for one year or more. The provisions of this section do not apply whenever a nuisance results from the negligent, improper, or illegal operation of an agricultural facility or operation."
SECTION 3. Section 46-45-60 of the 1976 Code, as amended by Act 442 of 1990, is further amended to read:
"Section 46-45-60. An ordinance of a unit of local government that makes the operation of an agricultural facility or an agricultural operation at an agricultural facility a nuisance or providing for abatement as a nuisance in derogation of this chapter is null and void. If all applicable permit requirements established by state or federal law are met, including the guidelines in this chapter, for the operation of an agricultural facility in an area zoned for agricultural uses, no permit required for establishing or operating the facility may be suspended, denied, or revoked by enforcement of a local ordinance. The provisions of this section do not apply whenever a nuisance results from the negligent, illegal, or improper operation of an agricultural facility. The provisions of this section do not apply whenever a nuisance results from an agricultural facility or agricultural operation at an agricultural facility located within the corporate limits of a city."
SECTION 4. This act takes effect upon approval by the Governor.