South Carolina Law > Code of Laws > Title 48

SECTION 48-61-110. Public policy.

It is the policy of this State to recognize the conservation of natural resources as an important state interest and to encourage resource agencies, consistent with their statutory authority and missions, to support conservation through planning, grant program administration, land management, voluntary landowner partnerships, and activities that contribute to the establishment of protected land. Nothing in this chapter may be construed to authorize the regulation of private property beyond statutory authority, require the acquisition of private land, or diminish private property rights.

HISTORY: 2026 Act No. 190 (H.5069), SECTION 2, eff May 18, 2026.

Editor's Note

2026 Act No. 190, preamble, and SECTIONS 1, 3, provide as follows:

"Whereas, South Carolina's natural resources, including forests, farmlands, wetlands, wildlife habitats, beaches, and coastal areas, are vital to the State's environmental health, economic vitality, agricultural productivity, and quality of life; and

"Whereas, continued growth and rapid land development in South Carolina place increasing pressure on natural resource preservation and have affected the health of the State's streams, rivers, wetlands, water quality, wildlife habitats, and working lands, all of which impact the quality of life of the state's current and future citizens; and

"Whereas, conservation of these resources is achieved through a combination of public and private efforts, voluntary landowner participation, agency programs, and local initiatives; and

"Whereas, coordination among state agencies promotes the efficient use of public funds and strengthens conservation outcomes while respecting private property rights; and

"Whereas, voluntary conservation easements on private lands provide a cost-effective means of protecting working lands and natural resources and are an important tool for advancing landscape-scale conservation across the State. Now, therefore: [text of act]."

"SECTION 1. This act may be cited as the 'South Carolina Protected Lands and Conservation Coordination Act.'"

"SECTION 3. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective."

SECTION 48-61-120. Legislative intent.

(A) The General Assembly recognizes that approximately three million four hundred thousand acres of land in this State are currently protected through conservation easements, public ownership, and other legally enforceable conservation mechanisms.

(B) It is the long-range goal of the State to increase protected land to seven million acres by the year 2050, representing roughly one third of the state's land area. This benchmark is intended solely for purposes of long-term planning, performance measurement, and evaluation of conservation trends and does not create a legal requirement, mandate, or entitlement.

(C) Progress toward the benchmark described in subsection (B) shall be measured based on acres of protected land established or enhanced through voluntary conservation mechanisms and within statutory authority and available resources.

(D) Nothing in this section may be construed to require the acquisition of private land or interests in land, authorize regulatory restrictions on private property beyond the law, or obligate the General Assembly to appropriate funds.

HISTORY: 2026 Act No. 190 (H.5069), SECTION 2, eff May 18, 2026.

Editor's Note

2026 Act No. 190, preamble, and SECTIONS 1, 3, provide as follows:

"Whereas, South Carolina's natural resources, including forests, farmlands, wetlands, wildlife habitats, beaches, and coastal areas, are vital to the State's environmental health, economic vitality, agricultural productivity, and quality of life; and

"Whereas, continued growth and rapid land development in South Carolina place increasing pressure on natural resource preservation and have affected the health of the State's streams, rivers, wetlands, water quality, wildlife habitats, and working lands, all of which impact the quality of life of the state's current and future citizens; and

"Whereas, conservation of these resources is achieved through a combination of public and private efforts, voluntary landowner participation, agency programs, and local initiatives; and

"Whereas, coordination among state agencies promotes the efficient use of public funds and strengthens conservation outcomes while respecting private property rights; and

"Whereas, voluntary conservation easements on private lands provide a cost-effective means of protecting working lands and natural resources and are an important tool for advancing landscape-scale conservation across the State. Now, therefore: [text of act]."

"SECTION 1. This act may be cited as the 'South Carolina Protected Lands and Conservation Coordination Act.'"

"SECTION 3. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective."