H*4258 Session 109 (1991-1992)
H*4258(Rat #0585, Act #0473 of 1992) General Bill, By J.J. Snow, R.L. Altman,
Bailey, T.L. Farr, Kennedy, J.G. McAbee, D.E. McTeer, Rhoad, Sharpe, R. Smith,
D.C. Waldrop and J.B. Wilder
A Bill to amend Section 46-45-20, as amended, Code of Laws of South Carolina,
1976, relating to the definitions of "agricultural facility" and "agricultural
operation" under the provisions of law concerning nuisance suits related to
agricultural operations, so as to include "trees" and "silviculture" within
those defined terms, respectively; to amend Section 57-25-150, relating to
outdoor advertising, permits for the erection and maintenance of signs, and
fees, so as to provide that the nonrefundable permit application fee shall be
waived for South Carolina farmers advertising agricultural products produced
on land that they farm which are for sale to the public and if the signs do
not exceed thirty-two square feet; to require the Department of Highways and
Public Transportation to issue permits for existing signs and outdoor
advertising signs on highways in the interstate system or federal-aid primary
system in South Carolina that are nonconforming only because a permit was not
obtained prior to erection of the sign, and prohibit the Department from
requiring removal of conforming signs and outdoor advertising signs as a
prerequisite to issuing a permit for such signs that would otherwise qualify
for a permit; to amend Section 57-25-140, relating to outdoor advertising,
signs permitted along interstate or federal-aid primary highways, the
customary use exception, and the removal of vegetation from right-of-ways, so
as to authorize the erection and maintenance of signs of thirty-two square
feet or less advertising agricultural products of a seasonal nature, signs of
a political nature, signs erected by or on the behalf of eleemosynary, civic,
nonprofit, church, or charitable organizations, or signs advertising special
community events which are erected temporarily for ninety days or less; to
provide that a sign in existence adjacent to an interstate or federal-aid
primary highway which is illegal solely because a permit has not been issued
by the Department of Highways and Public Transportation is allowed to remain
erected without penalty for one hundred twenty days from passage of this
legislation in order to allow for the application for a permit to be made; to
require the Department of Highways and Public Transportation to promulgate
regulations consistent with Section 131(O), Title 23, United States Code, or
such other provisions of Title 23 as may be appropriate, to allow signs,
displays, and devices on federally-aided primary routes outside of non-urban
areas which provide directional information about goods and services in the
interest of the traveling public and which are such that removal would work an
economic hardship in such areas, and provide that pursuant to Section 131(O),
Title 23, United States Code, the Department shall submit these regulations to
the United States Secretary of Transportation for approval; and to provide
that in order to comply with Section 131, Title 23, United States Code and
regulations promulgated under that Section and to prevent interruption of the
State's federally-aided highway funding, the Department of Highways and Public
Transportation shall confer with the Federal Highway Administration as to how
best to structure a nonconforming sign removal program, require the Department
to submit to the Federal Highway Administration in a timely fashion its
process, program, and timetable for removal of nonconforming signs under
Section 131, Title 23, United States Code and regulations promulgated under
that Section, and provide that in developing and implementing this removal
program, the Department shall consult with interested parties and affected
entities, including but not limited to, other State and local agencies, sign
owners, environmental groups, and the business community.-amended title
01/22/92 House Introduced and read first time HJ-13
01/22/92 House Referred to Committee on Agriculture, Natural
Resources and Environmental Affairs HJ-13
02/27/92 House Committee report: Favorable Agriculture, Natural
Resources and Environmental Affairs HJ-4
03/05/92 House Read second time HJ-39
03/05/92 House Unanimous consent for third reading on next
legislative day HJ-41
03/06/92 House Read third time and sent to Senate HJ-1
03/10/92 Senate Introduced and read first time SJ-6
03/10/92 Senate Referred to Committee on Agriculture and Natural
Resources SJ-6
04/30/92 Senate Polled out of committee Agriculture and Natural
Resources SJ-14
05/12/92 Senate Read second time SJ-17
05/12/92 Senate Ordered to third reading with notice of
amendments SJ-17
05/19/92 Senate Amended SJ-22
05/19/92 Senate Read third time and returned to House with
amendments SJ-23
05/20/92 Senate Recalled from House SJ-8
05/20/92 House Returned HJ-13
05/21/92 Senate Returned SJ-13
06/02/92 House Senate amendment amended HJ-68
06/02/92 House Returned to Senate with amendments HJ-69
06/02/92 Senate Concurred in House amendment and enrolled SJ-58
06/04/92 Ratified R 585
06/18/92 Signed By Governor
06/18/92 Effective date 06/18/92
06/18/92 Act No. 473
07/08/92 Copies available
(A473, R585, H4258)
AN ACT TO AMEND SECTION 46-45-20, AS AMENDED,
CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING
TO THE DEFINITIONS OF "AGRICULTURAL
FACILITY" AND "AGRICULTURAL
OPERATION" UNDER THE PROVISIONS OF LAW
CONCERNING NUISANCE SUITS RELATED TO
AGRICULTURAL OPERATIONS, SO AS TO INCLUDE
"TREES" AND "SILVICULTURE"
WITHIN THOSE DEFINED TERMS, RESPECTIVELY; TO
AMEND SECTION 57-25-150, RELATING TO OUTDOOR
ADVERTISING, PERMITS FOR THE ERECTION AND
MAINTENANCE OF SIGNS, AND FEES, SO AS TO PROVIDE
THAT THE NONREFUNDABLE PERMIT APPLICATION FEE
SHALL BE WAIVED FOR SOUTH CAROLINA FARMERS
ADVERTISING AGRICULTURAL PRODUCTS PRODUCED
ON LAND THAT THEY FARM WHICH ARE FOR SALE TO
THE PUBLIC AND IF THE SIGNS DO NOT EXCEED
THIRTY-TWO SQUARE FEET; TO REQUIRE THE
DEPARTMENT OF HIGHWAYS AND PUBLIC
TRANSPORTATION TO ISSUE PERMITS FOR EXISTING
SIGNS AND OUTDOOR ADVERTISING SIGNS ON
HIGHWAYS IN THE INTERSTATE SYSTEM OR FEDERAL-AID PRIMARY SYSTEM IN SOUTH CAROLINA THAT ARE
NONCONFORMING ONLY BECAUSE A PERMIT WAS NOT
OBTAINED PRIOR TO ERECTION OF THE SIGN, AND
PROHIBIT THE DEPARTMENT FROM REQUIRING
REMOVAL OF CONFORMING SIGNS AND OUTDOOR
ADVERTISING SIGNS AS A PREREQUISITE TO ISSUING A
PERMIT FOR SUCH SIGNS THAT WOULD OTHERWISE
QUALIFY FOR A PERMIT; TO AMEND SECTION 57-25-140,
RELATING TO OUTDOOR ADVERTISING, SIGNS
PERMITTED ALONG INTERSTATE OR FEDERAL-AID
PRIMARY HIGHWAYS, THE CUSTOMARY USE
EXCEPTION, AND THE REMOVAL OF VEGETATION
FROM RIGHT-OF-WAYS, SO AS TO AUTHORIZE THE
ERECTION AND MAINTENANCE OF SIGNS OF THIRTY-TWO SQUARE FEET OR LESS ADVERTISING
AGRICULTURAL PRODUCTS OF A SEASONAL NATURE,
SIGNS OF A POLITICAL NATURE, SIGNS ERECTED BY OR
ON THE BEHALF OF ELEEMOSYNARY, CIVIC,
NONPROFIT, CHURCH, OR CHARITABLE
ORGANIZATIONS, OR SIGNS ADVERTISING SPECIAL
COMMUNITY EVENTS WHICH ARE ERECTED
TEMPORARILY FOR NINETY DAYS OR LESS; TO
PROVIDE THAT A SIGN IN EXISTENCE ADJACENT TO AN
INTERSTATE OR FEDERAL-AID PRIMARY HIGHWAY
WHICH IS ILLEGAL SOLELY BECAUSE A PERMIT HAS
NOT BEEN ISSUED BY THE DEPARTMENT OF HIGHWAYS
AND PUBLIC TRANSPORTATION IS ALLOWED TO
REMAIN ERECTED WITHOUT PENALTY FOR ONE
HUNDRED TWENTY DAYS FROM PASSAGE OF THIS
LEGISLATION IN ORDER TO ALLOW FOR THE
APPLICATION FOR A PERMIT TO BE MADE; TO REQUIRE
THE DEPARTMENT OF HIGHWAYS AND PUBLIC
TRANSPORTATION TO PROMULGATE REGULATIONS
CONSISTENT WITH SECTION 131(O), TITLE 23, UNITED
STATES CODE, OR SUCH OTHER PROVISIONS OF TITLE
23 AS MAY BE APPROPRIATE, TO ALLOW SIGNS,
DISPLAYS, AND DEVICES ON FEDERALLY-AIDED
PRIMARY ROUTES OUTSIDE OF NONURBAN AREAS
WHICH PROVIDE DIRECTIONAL INFORMATION ABOUT
GOODS AND SERVICES IN THE INTEREST OF THE
TRAVELING PUBLIC AND WHICH ARE SUCH THAT
REMOVAL WOULD WORK AN ECONOMIC HARDSHIP IN
SUCH AREAS, AND PROVIDE THAT PURSUANT TO
SECTION 131(0), TITLE 23, UNITED STATES CODE, THE
DEPARTMENT SHALL SUBMIT THESE REGULATIONS TO
THE UNITED STATES SECRETARY OF TRANSPORTATION
FOR APPROVAL; AND TO PROVIDE THAT IN ORDER TO
COMPLY WITH SECTION 131, TITLE 23, UNITED STATES
CODE AND REGULATIONS PROMULGATED UNDER
THAT SECTION AND TO PREVENT INTERRUPTION OF
THE STATE'S FEDERALLY-AIDED HIGHWAY FUNDING,
THE DEPARTMENT OF HIGHWAYS AND PUBLIC
TRANSPORTATION SHALL CONFER WITH THE FEDERAL
HIGHWAY ADMINISTRATION AS TO HOW BEST TO
STRUCTURE A NONCONFORMING SIGN REMOVAL
PROGRAM, REQUIRE THE DEPARTMENT TO SUBMIT TO
THE FEDERAL HIGHWAY ADMINISTRATION IN A
TIMELY FASHION ITS PROCESS, PROGRAM, AND
TIMETABLE FOR REMOVAL OF NONCONFORMING
SIGNS UNDER SECTION 131, TITLE 23, UNITED STATES
CODE AND REGULATIONS PROMULGATED UNDER
THAT SECTION, AND PROVIDE THAT IN DEVELOPING
AND IMPLEMENTING THIS REMOVAL PROGRAM, THE
DEPARTMENT SHALL CONSULT WITH INTERESTED
PARTIES AND AFFECTED ENTITIES, INCLUDING BUT
NOT LIMITED TO, OTHER STATE AND LOCAL AGENCIES,
SIGN OWNERS, ENVIRONMENTAL GROUPS, AND THE
BUSINESS COMMUNITY.
Be it enacted by the General Assembly of the State of South
Carolina:
Agricultural facility, operation further defined
SECTION 1. Section 46-45-20 of the 1976 Code, as last
amended by Act 442 of 1990, is further amended to read:
"Section 46-45-20. (A) For purposes of this chapter,
`agricultural facility' includes, but is not limited to, any land,
building, structure, pond, impoundment appurtenance, machinery,
or equipment which is used for the commercial production or
processing of crops, trees, livestock, animals, poultry, honeybees,
honeybee products, livestock products, poultry products, or
products which are used in commercial aquaculture.
(B) For purposes of this chapter `agricultural operation' means:
(1) the plowing, tilling, or preparation of soil at the
agricultural facility;
(2) the planting, growing, fertilizing, or harvesting of crops;
(3) the application of pesticides, herbicides, or other
chemicals, compounds, or substances to crops, weeds, or soil in
connection with the production of crops, livestock, animals, or
poultry;
(4) the breeding, hatching, raising, producing, feeding,
keeping, slaughtering, or processing of livestock, hogs, aquatic
animals, equines, chickens, turkeys, poultry or other fowl
normally raised for food, mules, cattle, sheep, goats, rabbits, or
similar farm animals for commercial purposes;
(5) the production and keeping of the honeybees, the
production of honeybee products, and honeybee processing
facilities;
(6) the production, processing, or packaging of eggs or egg
products;
(7) the manufacturing of feed for poultry or livestock;
(8) the rotation of crops;
(9) commercial aquaculture;
(10) the application of existing, changed, or new
technology, practices, processes, or procedures to an agricultural
operation;
(11) the operation of a roadside market; and
(12) silviculture."
Nonrefundable permit application fee; exception
provided
SECTION 2. Section 57-25-150(B) of the 1976 Code is amended
to read:
"(B) The Department of Highways and Public
Transportation shall issue permits for all signs on location on
November 3, 1971, except those signs erected pursuant to items
(1), (2), (3), (5), and (6) of subsection (A) of Section 57-25-140.
It also shall issue permits for the erection and maintenance of
additional outdoor advertising signs coming within the exceptions
contained within items (4), (7), and (8) of subsection (A) of
Section 57-25-140. Sign owners must be assessed the following
fees:
(1) the appropriate annual fee plus an initial
nonrefundable permit application fee of one hundred dollars,
except that the nonrefundable permit application fee shall be
waived for South Carolina farmers advertising agricultural
products produced on land that they farm which are for sale to the
public and if the signs do not exceed thirty-two square feet;
(2) an annual fee of twenty dollars if the advertising area
does not exceed three hundred fifty square feet; and
(3) an annual fee of thirty dollars if the advertising area
exceeds three hundred fifty square feet.
The permit fees must be allocated first for administrative costs
incurred by the department in maintaining the outdoor advertising
program.
The permit number must be displayed prominently on the
sign."
Issue permits for existing signs; etc.
SECTION 3. Notwithstanding any other provision of law, the
Department of Highways and Public Transportation must issue
permits for existing signs and outdoor advertising signs on
highways in the interstate system or federal-aid primary system in
this State that are nonconforming only because a permit was not
obtained prior to erection of the sign. The department may not
require removal of conforming signs and outdoor advertising
signs as a prerequisite to issuing a permit for such signs that
would otherwise qualify for a permit.
Certain signs authorized
SECTION 4. Section 57-25-140(A) of the 1976 Code is
amended by adding an appropriately numbered item to read:
"( ) signs of thirty-two square feet or less advertising
agricultural products of a seasonal nature, signs of a political
nature, signs erected by or on the behalf of eleemosynary, civic,
nonprofit, church, or charitable organizations, or signs advertising
special community events which are erected temporarily for
ninety days or less."
Certain signs allowed for one hundred twenty days
SECTION 5. A sign in existence adjacent to an interstate or
federal-aid primary highway which is illegal solely because a
permit has not been issued by the South Carolina Department of
Highways and Public Transportation is allowed to remain erected
without penalty for one hundred twenty days from passage of this
act in order to allow for the application for a permit to be
made.
Signs; regulations; etc.
SECTION 6. The Department of Highways and Public
Transportation shall promulgate regulations consistent with
Section 131(o), Title 23, United States Code, or such other
provisions of Title 23 as may be appropriate, to allow signs,
displays, and devices on federally-aided primary routes outside of
nonurban areas which (1) provide directional information about
goods and services in the interest of the traveling public and (2)
are such that removal would work an economic hardship in such
areas. Pursuant to Section 131(o), Title 23, United States Code,
the department shall submit these regulations to the United States
Secretary of Transportation for approval.
Highway Department to confer with Federal Highway
Administration, etc.
SECTION 7. In order to comply with Section 131, Title 23,
United States Code and regulations promulgated under that
section and to prevent interruption of the state's federally-aided
highway funding, the South Carolina Department of Highways
and Public Transportation shall confer with the Federal Highway
Administration as to how best to structure a nonconforming sign
removal program.
The department shall submit to the Federal Highway
Administration in a timely fashion its process, program, and
timetable for removal of nonconforming signs under Section 131,
Title 23, United States Code and regulations promulgated under
that section.
In developing and implementing this removal program the
department shall consult with interested parties and affected
entities including, but not limited to, other state and local
agencies, sign owners, environmental groups, and the business
community.
Time effective
SECTION 8. This act takes effect upon approval by the
Governor.
Approved the 18th day of June, 1992. |