S*1280 Session 109 (1991-1992)
S*1280(Rat #0474, Act #0408 of 1992) General Bill, By Land
A Bill to amend Chapter 11, Title 48, as amended, Code of Laws of South
Carolina, 1976, relating to watershed conservation districts, so as to add
Sections 48-11-15 and 48-11-185, delete Section 48-11-80, and revise the
procedures for the creation, organization and function of the districts; to
repeal Act 1316 of 1964, relating to districts in Newberry County, Act 655 of
1965, relating to districts in Jasper County, Act 1179 of 1966, relating to
districts in Allendale County, Act 1196 of 1966, relating to districts in
Beaufort County, Act 1212 of 1966, relating to districts in Charleston County,
Act 1254 of 1966, relating to districts in Darlington County, and other Acts
or parts of Acts inconsistent with Chapter 11, Title 48; to delete provisions
for certain districts which were authorized by Act but were never created at
the local level and, where the districts were authorized by separate Act, to
repeal Act 1084 of 1958, relating to Polk Swamp, Florence County, Act 1085 of
1958, relating to Ebenezer, Florence County, Act 1134 of 1960, relating to
Lynchburg-Shiloh, Sumter and Lee Counties, Act 1097 of 1962, relating to
Coward, Florence County, and Act 1195 of 1962, relating to Crow Creek,
Pickens; to dissolve certain districts which have never implemented works of
improvement and, where the districts were created by separate Act, to repeal
Act 471 of 1961, relating to Eighteen Mile Creek, Pickens and Anderson
Counties, Long-Cane Turkey Creek, Abbeville, Anderson, and Greenwood Counties,
Little River, Abbeville, Anderson, and McCormick Counties, and Rocky River,
Anderson County, Act 567 of 1961, relating to Long Cane-Turkey Creek, Act 1081
of 1962, relating to Catfish Creek-Smith Swamp, Marion, Dillon, and Marlboro
Counties, Kentyre-Hamer, Dillon County, and Reedy Creek, Dillon and Marlboro
Counties, Act 493 of 1965, relating to Long Cane-Turkey Creek, Act 640 of
1965, relating to Sanders Branch-Crooked Creek, Hampton County, Act 671 of
1965, relating to Little River, Act 691 of 1965, relating to Eighteen Mile
Creek, and Act 725 of 1965, relating to Clark's Fork-Bullocks Creek, York
County, Stony Fork, York County, and Sugar Creek, York and Lancaster Counties;
and to provide for the terms of the directors of the districts serving on the
effective date of this Act and for the terms of their successors.
02/11/92 Senate Introduced and read first time SJ-6
02/11/92 Senate Referred to Committee on Agriculture and Natural
Resources SJ-6
03/31/92 Senate Committee report: Favorable with amendment
Agriculture and Natural Resources SJ-38
04/08/92 Senate Amended SJ-41
04/08/92 Senate Read second time SJ-44
04/09/92 Senate Read third time and sent to House SJ-11
04/14/92 House Introduced and read first time HJ-21
04/14/92 House Referred to Committee on Agriculture, Natural
Resources and Environmental Affairs HJ-22
04/22/92 House Recalled from Committee on Agriculture, Natural
Resources and Environmental Affairs HJ-43
05/06/92 House Read second time HJ-34
05/07/92 House Read third time and enrolled HJ-64
05/27/92 Ratified R 474
06/01/92 Signed By Governor
06/01/92 Effective date 06/01/92
06/01/92 Act No. 408
07/09/92 Copies available
(A408, R474, S1280)
AN ACT TO AMEND CHAPTER 11, TITLE 48, AS
AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO WATERSHED CONSERVATION DISTRICTS,
SO AS TO ADD SECTIONS 48-11-15 AND 48-11-185,
DELETE SECTION 48-11-80, AND REVISE THE
PROCEDURES FOR THE CREATION, ORGANIZATION,
AND FUNCTION OF THE DISTRICTS; TO REPEAL ACT
1316 OF 1964, RELATING TO DISTRICTS IN NEWBERRY
COUNTY, ACT 655 OF 1965, RELATING TO DISTRICTS IN
JASPER COUNTY, ACT 1179 OF 1966, RELATING TO
DISTRICTS IN ALLENDALE COUNTY, ACT 1196 OF 1966,
RELATING TO DISTRICTS IN BEAUFORT COUNTY, ACT
1212 OF 1966, RELATING TO DISTRICTS IN CHARLESTON
COUNTY, ACT 1254 OF 1966, RELATING TO DISTRICTS IN
DARLINGTON COUNTY, AND OTHER ACTS OR PARTS OF
ACTS INCONSISTENT WITH CHAPTER 11, TITLE 48; TO
DELETE PROVISIONS FOR CERTAIN DISTRICTS WHICH
WERE AUTHORIZED BY ACT BUT WERE NEVER
CREATED AT THE LOCAL LEVEL AND, WHERE THE
DISTRICTS WERE AUTHORIZED BY SEPARATE ACT, TO
REPEAL ACT 1084 OF 1958, RELATING TO POLK SWAMP,
FLORENCE COUNTY, ACT 1085 OF 1958, RELATING TO
EBENEZER, FLORENCE COUNTY, ACT 1134 OF 1960,
RELATING TO LYNCHBURG-SHILOH, SUMTER AND LEE
COUNTIES, ACT 1097 OF 1962, RELATING TO COWARD,
FLORENCE COUNTY, AND ACT 1195 OF 1962, RELATING
TO CROW CREEK, PICKENS; TO DISSOLVE CERTAIN
DISTRICTS WHICH HAVE NEVER IMPLEMENTED WORKS
OF IMPROVEMENT AND, WHERE THE DISTRICTS WERE
CREATED BY SEPARATE ACT, TO REPEAL ACT 471 OF
1961, RELATING TO EIGHTEEN MILE CREEK, PICKENS
AND ANDERSON COUNTIES, LONG-CANE TURKEY
CREEK, ABBEVILLE, ANDERSON, AND GREENWOOD
COUNTIES, LITTLE RIVER, ABBEVILLE, ANDERSON, AND
MCCORMICK COUNTIES, AND ROCKY RIVER,
ANDERSON COUNTY, ACT 567 OF 1961, RELATING TO
LONG CANE-TURKEY CREEK, ACT 1081 OF 1962,
RELATING TO CATFISH CREEK-SMITH SWAMP, MARION,
DILLON, AND MARLBORO COUNTIES,
KENTYRE-HAMER, DILLON COUNTY, AND REEDY
CREEK, DILLON AND MARLBORO COUNTIES, ACT 493
OF 1965, RELATING TO LONG CANE-TURKEY CREEK,
ACT 640 OF 1965, RELATING TO SANDERS
BRANCH-CROOKED CREEK, HAMPTON COUNTY, ACT
671 OF 1965, RELATING TO LITTLE RIVER, ACT 691 OF
1965, RELATING TO EIGHTEEN MILE CREEK, AND ACT
725 OF 1965, RELATING TO CLARK'S FORK-BULLOCKS
CREEK, YORK COUNTY, STONY FORK, YORK COUNTY,
AND SUGAR CREEK, YORK AND LANCASTER COUNTIES;
AND TO PROVIDE FOR THE TERMS OF THE DIRECTORS
OF THE DISTRICTS SERVING ON THE EFFECTIVE DATE
OF THIS ACT AND FOR THE TERMS OF THEIR
SUCCESSORS.
Be it enacted by the General Assembly of the State of South
Carolina:
Watershed Conservation Districts
SECTION 1. Chapter 11, Title 48 of the 1976 Code, as last
amended by Act 173 of 1987, is further amended to read:
"CHAPTER 11
Watershed Conservation Districts
Section 48-11-10. As used in this chapter, unless a different
meaning clearly appears from the context:
(1) `Watershed conservation district' means a governmental
subdivision of this State and a public body corporate and politic
organized and functioning in accordance with this chapter for the
purposes and with the powers and duties provided in this chapter
and subject to its restrictions.
(2) `Director' means one of the members of the governing
body of a watershed conservation district selected in accordance
with this chapter. `Board of directors' means the governing body
of a watershed conservation district.
(3) `Soil and water conservation district' means a
governmental subdivision of this State and a public body
corporate and politic organized in accordance with Chapter 9 of
Title 48 for the purposes, with the powers, and subject to the
restrictions in the chapter. It applies to all districts organized
under law including districts originally designated as `soil
conservation districts'.
(4) `Commissioner' means one of the members of the
governing body of each soil and water conservation district in
which part of a watershed conservation district is situated. `Board
of commissioners' means the governing body of the soil and water
conservation district in which a watershed conservation district is
situated or, if the watershed conservation district is situated in
more than one soil and water conservation district, the joint
governing bodies of the districts.
(5) `Petition' means a petition filed under Section 48-11-40 for
the creation of a watershed conservation district.
(6) `Nominating petition' means a petition filed under Section
48-11-100(B) or (C) to nominate candidates for the office of
director of a watershed conservation district.
(7) `State' means South Carolina.
(8) `Owner of land' includes a person, firm, or corporation
holding legal or equitable title to lands or interest in lands lying
within a watershed conservation district organized under this
chapter.
(9) `Qualified elector' includes a person qualified to vote in
elections by the people under the Constitution of this State.
(10) `Due notice' means notice published at least twice,
with an interval of at least one week between the two publication
dates, in a publication of general circulation within the
appropriate area or, if no publication of general circulation is
available, notice posted at a reasonable number of conspicuous
places within the appropriate area. When possible, notice must be
posted at public places where it is customary to post notices
concerning county or municipal affairs generally.
(11) `Watershed' means the drainage area contributing
stormwater runoff to a single point.
Section 48-11-15. The South Carolina Land Resources
Conservation Commission shall assist boards of commissioners of
soil and water conservation districts and boards of directors of
watershed conservation districts with the organization and
function of watershed conservation districts. For the purpose of
this chapter, the responsibility of the commission is limited to this
activity. The construction, operation, and maintenance of
watershed works of improvement are the sole responsibility of
watershed conservation districts and others as specified in
documents for the works of improvement.
Section 48-11-20. Watershed conservation districts may be
established as provided in this chapter within one or more soil and
water conservation districts to develop and execute plans and
programs relating to a phase of the control or prevention of soil
erosion or flooding; the conservation, protection, improvement,
development, or utilization of soil and water resources;
stormwater management; or the disposal of water. This authority
applies, but is not limited to, the planning and carrying out of
works of improvement for the foregoing purposes which may be
considered by the United States Secretary of Agriculture under the
Watershed and Flood Prevention Act, 68 Stat. 666, as amended,
and does not affect the existing procedures followed by local
interests in the planning and construction of water resources
development projects of other agencies. However, this chapter
may be used when, in the opinion of those agencies, the use is
advisable or expedient.
Section 48-11-30. The area embraced in a watershed
conservation district must be contiguous, must lie within a
well-defined watershed, and must be situated within one or more
soil and water conservation districts. The area may not include
lands located within the boundary of an incorporated
municipality, unless approved by its governing body, or another
watershed conservation district. The boundary of each watershed
conservation district in existence on the effective date of this
chapter, as amended, is not affected unless otherwise provided in
this chapter.
Section 48-11-40. When twenty-five or more qualified electors
residing within a proposed watershed conservation district, or, if
less than fifty qualified electors are involved, a majority of the
qualified electors, desire to form a watershed conservation
district, they shall file a petition with the board of commissioners
of the soil and water conservation district in which the proposed
watershed conservation district is situated, asking that a watershed
conservation district be organized to function in the area described
in the petition. The petition must:
(1) set forth the proposed name of the watershed conservation
district;
(2) state that there is need in the interest of the public health,
safety, and welfare for a watershed conservation district to
function in the territory described in the petition;
(3) include a map of the proposed watershed conservation
district;
(4) state the approximate number of acres in the proposed
watershed conservation district;
(5) state the authority for taxes to be levied each fiscal year
for the purposes of the watershed conservation district;
(6) include a request that the area described in the petition be
established as a watershed conservation district.
Section 48-11-50. If the proposed watershed conservation
district is situated in more than one soil and water conservation
district, a copy of the petition must be presented to the board of
commissioners of each soil and water conservation district in
which part of the proposed watershed conservation district is
situated. The commissioners of all the soil and water
conservation districts shall act as a joint board of commissioners
with respect to all matters concerning the watershed conservation
district, including its creation. The watershed conservation
district must be organized in like manner and have the same
powers and duties as a watershed conservation district situated
entirely in one soil and water conservation district.
Section 48-11-60. (A) Within thirty days after the petition has
been filed with the board of commissioners of the soil and water
conservation district, the board shall cause due notice to be given
of a public hearing on the desirability and necessity in the interest
of the public health, safety, and welfare of the creation of the
watershed conservation district and the administrative
practicability and feasibility of the operation of the watershed
conservation district. All interested parties may attend the hearing
and be heard. If it appears at the hearing that other lands must be
included in the petition or that land included in the petition must
be excluded, the board of commissioners may permit the inclusion
or exclusion if the land area involved still meets the requirements
of Section 48-11-30.
(B) If it appears upon the hearing that it may be desirable to
include within the proposed watershed conservation district
territory outside of the area within which due notice of the hearing
has been given, the hearing must be adjourned and, within thirty
days, due notice of a further hearing must be given throughout the
entire area considered for inclusion in the proposed watershed
conservation district, and the further hearing must be held. Within
sixty days after final hearing the board of commissioners shall
determine whether the proposed watershed conservation district is
needed. If the commissioners determine, upon the facts presented
at the hearing and upon other available information, that there is
need in the interest of the public health, safety, and welfare for a
watershed conservation district to function in the territory
considered at the hearing and that the operation of the watershed
conservation district is administratively practicable and feasible,
they shall record in their minutes the determination and shall
submit the determination in writing to the clerks of court of the
applicable counties. The determination shall define the
boundaries of the proposed watershed conservation district.
(C) If the board of commissioners determine after the hearing
that there is no need for a watershed conservation district to
function in the territory considered at the hearing, or that the
operation of the watershed conservation district is not
administratively practicable or feasible, the board shall record in
its minutes the determination and shall deny the petition. A new
petition must not be filed until two years after the date of
determination of denial of the previous petition.
Section 48-11-70. After the board of commissioners of the soil
and water conservation district has recorded a determination that
there is need in the interest of the public health, safety, and
welfare for a watershed conservation district to function in the
territory considered at the hearing and that the operation of the
watershed conservation district is administratively practicable and
feasible and has defined its boundaries, the board shall determine
whether the majority of the qualified electors residing in the
proposed watershed conservation district desire that the district be
created. To make this decision a referendum to approve or
disapprove the creation of the watershed conservation district
must be held by the county election commission in the next
scheduled countywide election in the counties in which the
proposed district is located. Only qualified electors residing in the
watershed are eligible to vote in the referendum. Applicable rules
of the election apply to the referendum. Due notice of the
referendum must be given by the board of commissioners. The
notice must describe the boundaries of the proposed watershed
district as determined by the board of commissioners of the soil
and water conservation district, as provided in Section
48-11-60(B) and must state the authority for taxes to be levied
each fiscal year for the purposes of the watershed conservation
district. If the majority of the qualified electors voting in the
referendum approve the creation of the watershed conservation
district, the district is established and must be organized pursuant
to this chapter.
Section 48-11-90. The county election commission shall
tabulate the results of the referendum at the close of the polls and
certify the results to the clerks of court of the counties in which
part of the district is situated. Upon proper recordation of the
referendum results by the clerks of court the watershed
conservation district constitutes a governmental subdivision of
this State and a public body corporate and politic. After recording
the results the clerks of court shall notify the board of
commissioners in writing that the watershed conservation district
has been created, and the soil and water conservation district
board shall submit to the Land Resources Conservation
Commission a copy of the notification.
Section 48-11-100. (A) The governing body of each
watershed conservation district consists of five directors selected
as provided in this section. No person may be a director who is
not a qualified elector residing in the district.
(B) The first directors of the watershed conservation district
after the district has been created must be elected in a nonpartisan
election conducted by the county election commission when
county officers are elected in the general election. To be placed
on the ballot each candidate shall submit to the county election
commission a nominating petition with the signatures of
twenty-five qualified electors residing in the watershed
conservation district, or, if less than fifty qualified electors reside
in the district, a majority of the qualified electors. The official
number of qualified electors residing in a watershed conservation
district is the number of registered electors residing in the district
and registered one hundred twenty days before the date of the
election for which the nomination petition is being submitted.
The candidate named in each petition must be placed on the
appropriate official ballot for the election if the petition is
submitted to the county election commission not later than twelve
noon on August first or, if August first falls on Sunday, not later
than twelve noon on the following Monday. The form of the
petition must comply with the requirements in Section 7-11-80
pertaining to the conduct of general elections not conflicting with
this section. This election must be conducted pursuant to Title 7,
mutatis mutandis, except as otherwise provided in this section.
The five elected directors, under the general supervision of the
board of commissioners of the soil and water conservation district,
are the governing body of the watershed conservation district.
(C)(1) Of the directors first elected, the three receiving the
largest number of votes serve for terms of four years, and the two
receiving the next largest number of votes serve for terms of two
years.
(2) The term of office of each of their successors is four years,
except in lieu of election successors may be appointed in
watershed conservation districts if:
(a) one of the sponsors, other than the watershed
conservation district board of directors, of each phase of each
work of improvement conducted by the district, including
operation and maintenance of the work of improvement, has the
authority to levy an annual tax on the real property in the district
for that phase of the work of improvement;
(b) the watershed conservation district has sufficient
funds, other than taxes levied by the district on real property in the
district, to pay the expenses of the district.
(3) Twenty-five or more qualified electors residing in a
watershed conservation district may submit a petition to the board
of commissioners of the soil and water conservation district for
the procedure by which watershed conservation district directors
are selected to be changed from election to appointment. The
board of commissioners shall determine whether the prerequisites
for appointment described in item (1) are met. To help make this
decision the board shall give due notice of and hold a public
hearing on the proposed change within sixty days after receiving
the petition. After the public hearing the board of commissioners
shall determine whether the prerequisites are met.
(4) If the board of commissioners determine that the
prerequisites are met, a referendum to approve or disapprove the
change in the procedure for selecting watershed conservation
district directors must be held by the county election commission
in the next scheduled countywide election in the counties where
the watershed conservation district is located. Applicable rules of
the scheduled election apply to the referendum. Due notice of the
referendum must be given by the county election commission.
Notice must state that, if the procedure for selecting watershed
conservation district directors is changed from election to
appointment, the change is effective as current terms expire and
that the authority of the watershed conservation district to levy an
annual tax on real property in the district ceases when the first of
the current terms expires and has been filled by appointment and
continues as long as directors are appointed instead of elected.
Only qualified electors residing in the watershed conservation
district may vote in the referendum.
(5) The county election commission shall tabulate the
results of the referendum, submit the results in writing to the
board of commissioners of the soil and water conservation district,
and certify the results to the clerks of court of the counties in
which the watershed conservation district is located. If a majority
of the votes cast in the referendum favor changing the procedure
for selecting watershed conservation district directors from
election to appointment, the board of commissioners shall submit
written notification to the county election commission, county
auditors, sponsors of works of improvement of the watershed
conservation district, watershed district directors, and the Land
Resources Conservation Commission that the selection procedure
is changed when current terms expire and that the authority of the
watershed conservation district board to levy an annual tax on real
property in the district ceases, when the first of the current terms
expires and has been filled by appointment and continues as long
as directors are appointed instead of elected.
(6) The governing body of each county in which the
watershed conservation district is located shall appoint one
director each, and the board of commissioners of the soil and
water conservation district shall appoint the remaining directors.
To be considered for appointment by the board of commissioners
of the soil and water conservation district or the county governing
body, an individual shall submit to the board or body from which
appointment is sought a nominating petition with the signatures of
twenty-five qualified electors residing in the watershed
conservation district, or, if less than fifty qualified electors reside
in the district, a majority of the qualified electors. The official
number of qualified electors residing in a watershed conservation
district is the number of registered electors residing in the district
and registered one hundred twenty days before the date by which
nominating petitions must be submitted. The board of
commissioners and the county governing body shall give due
notice that they will receive petitions to nominate candidates to be
appointed as watershed conservation district directors. Due notice
must be given at least sixty days before the date by which
petitions must be submitted.
(7) The board of commissioners of the soil and water
conservation district shall:
(a) maintain records on the election and appointment of
directors;
(b) coordinate appointments by the county governing
bodies, including written notification to the county governing
bodies at least ninety days before the expiration of each term to be
filled through appointment by the county governing body;
(c) submit in writing to the Land Resources Conservation
Commission the name of each elected or appointed director within
thirty days of election or appointment.
(8) When each phase of a work of improvement of a
watershed conservation district for which directors are appointed
does not have a sponsor with authority to levy an annual tax on
real property in the district for that phase of the work of
improvement, or when the watershed conservation district does
not have sufficient funds to pay the expenses of the district, the
procedure for selecting watershed conservation district directors
must be changed from appointment to election, and the board of
commissioners shall notify in writing the county election
commission, county auditor, sponsors of works of improvement of
the watershed conservation district, watershed conservation
district directors, and the Land Resources Conservation
Commission that the selection procedure is changed when current
terms expire and that when current terms expire and have been
filled by election, the watershed conservation district board may
levy an annual tax on real property in the district as long as
directors are elected instead of appointed.
For a vacancy occurring before the expiration of the term of an
elected director, a successor to serve for the unexpired portion of
the term must be appointed by the board of commissioners.
(D) For a vacancy occurring before the expiration of the term
of an appointed director, a successor to serve for the unexpired
portion of the term must be appointed by the body that made the
original appointment. A director may be removed from office by
the board of commissioners upon notice and hearing for neglect of
duty or malfeasance in office but for no other reason.
(E) For each calendar year the directors annually shall elect
from among their number a chairman, secretary, and treasurer and
so notify the soil and water conservation district and the Land
Resources Conservation Commission by March thirty-first each
year. The board of directors, with the approval of the board of
commissioners of the soil and water conservation district, may
employ officers, agents, and other employees it requires and
determine their qualifications, duties, and compensation. The
board of directors shall provide for the execution of surety bonds
for the officers, agents, or employees entrusted with funds or
property of the watershed conservation district, tort liability
insurance for each director of the watershed conservation district
board, for the keeping of a full and accurate record of the
proceedings, resolutions, and other actions of the board, and for
the making and publication of an annual audit of the accounts of
receipts and disbursements of the watershed conservation district.
The watershed conservation district board shall submit a copy of
the audit to the county treasurer and to the board of
commissioners of the soil and water conservation district. The
watershed conservation district board shall submit written
notification to the Land Resources Commission within one
hundred twenty days following the end of the district's fiscal year
that the audit has been made, the date of the audit, and the name
of the firm that or individual who made the audit.
(F) The directors may receive no compensation for their
services, but they may be reimbursed from the budget of the
watershed conservation district or from another local source for
expenses, including traveling expenses, necessarily incurred in the
discharge of their powers and duties as approved by the board of
commissioners.
Section 48-11-110. A watershed conservation district
organized under this chapter constitutes a governmental
subdivision of this State, and a public body corporate and politic,
exercising public powers. The district and its board of directors,
to develop and execute plans and programs for the control or
prevention of soil erosion or flooding, to conserve, protect,
improve, develop, or utilize soil and water resources, to provide
stormwater management, or to dispose of water, subject to the
general supervision of the board of commissioners of the soil and
water conservation district, have the following powers and duties
in addition to others granted by this chapter:
(1) acquire by purchase, exchange, lease, gift, grant, bequest,
devise, or through condemnation actions lands, easements, or
rights-of-way needed to carry out an authorized purpose of the
watershed conservation district, and sell, lease, or otherwise
dispose of its property or interests in the property for the purposes
and provisions of this chapter. The condemnation of an existing
public use must be denied unless it may be shown that the specific
property to be condemned is absolutely essential to the watershed
conservation district, and the use to be condemned materially does
not impair the existing public use;
(2) construct, reconstruct, repair, enlarge, and improve the
works of improvement as necessary or convenient for the
performance of the operations authorized by this chapter and shall
provide operation and maintenance for works of
improvement;
(3) borrow money and execute promissory notes and other
evidences of debt in connection with them for payment of the
costs and expenses of organizing the watershed conservation
district or for carrying out an authorized purpose of the district, if
promissory notes are issued, execute the mortgages on real
property owned by the district or assign or pledge the revenues,
including anticipated tax revenues, of the district as required by
the lender as security for the repayment of the loan, and issue,
negotiate, and sell its bonds, notes, and other evidences of debt as
provided in Section 48-11-120;
(4) sue and be sued in the name of the district, have a
judicially noticed seal, have perpetual succession unless
terminated as provided in this chapter, and make and execute
contracts and other instruments necessary or convenient to the
exercise of its powers;
(5) levy an annual tax as provided in this chapter on the real
property within the district for payment of the costs and expenses
of organizing the watershed conservation district or for carrying
out an authorized purpose, power, or duty of the district;
(6) receive services and receive and disburse funds from
federal, state, local, or other governmental or private sources;
(7) employ appropriate consultants, advisors, and employees
and fix and pay them compensation from funds available to the
district.
Section 48-11-120. (A) Bonds, notes, and other evidences
of debt authorized by Section 48-11-110(3) must not be issued
until proposed by order or resolution of the directors of the
watershed conservation district specifying the purpose for which
the funds are to be used and the proposed undertaking, the amount
of bonds to be issued, and the maximum rate of interest they are to
bear. A copy of the order or resolution must be certified to the
board of commissioners of the soil and water conservation district.
(B) The board of commissioners shall hold a hearing on a
proposal for bonds or other long term indebtedness required by
law to be voted upon at an election after having given due notice
of the hearing. If it appears that the proposal is within the scope
and purpose of this chapter and meets all other requirements of
the law, the proposal must be submitted to the qualified electors
residing in the watershed conservation district by a referendum
held in the next scheduled countywide election in the counties. (C) Applicable rules of the election apply to the referendum. Due
notice of the referendum must be given by the county election
commission.
(D) If two-thirds of the votes cast in the referendum favor the
proposal, the directors may issue the bonds.
(E) The type of indebtedness incurred or bonds issued is that
adopted by the board of directors of the watershed conservation
district.
(F) The board of directors, if necessary for the payment of
interest or indebtedness incurred or bonds issued by the district or
to amortize indebtedness or bonds, shall levy an annual tax on real
property within the watershed conservation district. For the
purposes of the tax levy the assessed valuation of the real property
is the same assessed valuation used for the general county levy.
The tax must be levied and collected in the same manner provided
for the levy and collection of other taxes authorized by this
chapter.
Section 48-11-130. (A) At least once every five years the
board of directors of each watershed conservation district shall
establish an operating budget for the purposes of the district. The
budget must be established only after the board provides due
notice of and conducts a public hearing at which all residents of
the watershed conservation district and owners of land lying in the
district have an opportunity to be heard concerning the proposed
budget. After the hearing the operating budget must be set by the
board of directors after it is approved by the board of
commissioners of the soil and water conservation district. The
annual itemized budget prepared by the watershed conservation
district board according to subsection (B) may not exceed the
most recently established operating budget.
(B) Within the first quarter of each calendar year the board of
directors of the watershed conservation district shall prepare an
itemized budget of the funds needed during the upcoming fiscal
year for costs and expenses of organizing the district, for
administration of the district, and for carrying out an authorized
purpose, power, or duty of the district, including construction,
operation, and maintenance of works of improvement. The
budget must be approved by the board of commissioners of the
soil and water conservation district. A surplus or deficit in a fiscal
year must be carried forward and applied to the next fiscal year's
account and calculated into the budget for that year.
Section 48-11-140. (A) The board of directors of a
watershed conservation district for which directors are elected, at
its discretion, may levy a tax each fiscal year on real property in
the watershed conservation district to meet all or part of the
budget prepared according to Section 48-11-130(B) for the
purposes of the district. After approval of the budget by the board
of commissioners of the soil and water conservation district, if the
board of directors desires to levy a tax, the board of
commissioners shall submit a copy of the budget in writing to the
county auditors of the corresponding counties, and the county
auditors shall levy a tax on all real property in the watershed
conservation district at the millage rate sufficient to meet the
budget, or a portion of it, as specified by the board of directors.
The board of directors of the watershed conservation district shall
provide the boundaries of the district to the county auditor.
(B) When the property tax rolls are delivered to the county
treasurer by the county auditor as required by law, the county
treasurer shall compute the tax due the watershed conservation
district from each landowner in accordance with the millage rate
set by the county auditor pursuant to subsection (A) and the
assessed valuation of the real property shown on the tax roll. The
computation must be made on the regular tax bills.
Section 48-11-150. The county treasurer shall collect the
taxes due the watershed conservation district at the same time and
in the same manner as other taxes of the county are collected. The
taxes are subject to the same provisions of law for due and
delinquency dates, discounts, penalties, and interest and tax liens
applicable to county taxes.
Section 48-11-160. Tax funds collected must be transferred to
and held by the treasurer of the watershed conservation district for
the purposes of the district. Expenditures of the funds must be
made by the board of directors of the watershed conservation
district.
Section 48-11-170. (A) One or more owners of land may
petition the board of commissioners of the soil and water
conservation district to have their lands added to a watershed
conservation district. The petition must include a map of the
boundaries of the land desired to be annexed, the number of acres
of land involved, and other information pertinent to the proposal.
When the boundary described embraces lands of others than the
petitioners, the petition must state that fact and must be signed by
a majority of the landowners within the territory described in the
petition. If the land area does not meet the requirement of Section
48-11-30, the board of commissioners of the soil and water
conservation district shall deny the petition.
(B) If the land described in the petition meets the requirement
of Section 48-11-30, within sixty days after the petition is filed,
the commissioners shall cause due notice to be given of and hold a
hearing on the petition. Interested parties may attend the hearing
and be heard. After the hearing the commissioners shall determine
whether the lands described in the petition or portion of them
must be included in the watershed conservation district. If the
commissioners determine that the land must be added, they shall
certify this fact to the county auditors of the counties involved for
recording.
Section 48-11-180. The owner of lands which have not and
cannot be benefited by their inclusion in the watershed
conservation district may petition the commissioners of the soil
and water conservation district to have the lands detached. The
petition must describe the lands and state the reasons why they
should be detached. A hearing must be held by the commissioners
within thirty days after the petition is filed. Due notice of the
hearing must be given by the commissioners. If it is determined
by the commissioners that the lands must be detached, the
determination must be certified to the county auditors of the
counties involved for recording.
Section 48-11-185. (A) The boards of directors of two or
more watershed conservation districts may petition the board of
commissioners of the soil and water conservation district for the
watershed conservation districts to be consolidated into a single
district but only if the new single watershed conservation district
meets the provisions of Section 48-11-30. The petition must be
signed by a majority of the board of directors of each of the
affected watershed conservation districts. The board of
commissioners shall deny the petition if the proposed watershed
conservation district does not meet the provisions of Section
48-11-30.
(B) Within sixty days after receiving a petition that meets
these requirements, the board of commissioners of the soil and
water conservation district shall give due notice of and hold a
public hearing on the proposed consolidation. After the hearing
the board of commissioners shall determine whether the operation
of the newly proposed single watershed conservation district is
administratively practicable and feasible.
(C) If the board of commissioners determines that the
operation of the new single watershed conservation district is
administratively practicable and feasible, a referendum to approve
or disapprove the consolidation of the watershed conservation
districts must be held by the county election commission in the
next scheduled countywide election in the counties in which the
watershed is located. Applicable rules of the scheduled election
apply to the referendum. Due notice of the referendum must be
given by the county election commission. The notice must name
the proposed watershed conservation district and describe its
boundaries and state the authority for taxes to be levied each year
for the purposes of the watershed conservation district. Only
qualified electors residing in the proposed watershed conservation
district may vote in the referendum.
(D) The county election commission shall tabulate the results
of the referendum at the close of the polls, submit a written report
of the results to the board of commissioners of the soil and water
conservation district, and certify the results of the referendum to
the clerks of court of the counties in which the district is situated.
If a majority of the votes cast in the referendum are in favor of
consolidation of the watershed conservation districts into the
single district, upon proper recordation of the referendum results
by the clerks of court of the counties, the watershed conservation
district constitutes a governmental subdivision of this State and a
public body corporate and politic and must be organized and shall
function fully in accordance with this chapter. After recording the
results the clerks of court shall notify the board of commissioners
of the soil and water conservation district in writing that the
watershed conservation district has been established. The board
of commissioners shall submit to the Land Resources
Conservation Commission a copy of the notification from the
clerks of court.
Section 48-11-190. (A) Any time after five years after the
organization of a watershed conservation district twenty-five or
more qualified electors residing in the district, or if less than fifty
qualified electors are involved a majority of them, may file a
petition with the board of commissioners of the soil and water
conservation district asking that the existence of the watershed
conservation district be discontinued. The petition must state the
reasons for discontinuance and that all obligations of the
watershed conservation district have been met. After giving due
notice the commissioners shall conduct a hearing on the petition
to determine whether the reasons given for discontinuance are
valid and that all obligations have been met. If it is determined
that all obligations have not been met, the petition for
discontinuance must be denied. If the watershed conservation
district has begun or completed implementation of a work of
improvement that requires or will require operation or
maintenance, the board of commissioners shall determine that all
obligations have not been met and deny the petition.
(B) If it is determined that the reasons given for
discontinuance are valid and all obligations have been met, the
board of commissioners shall notify the county election
commission who, after giving due notice, shall hold a referendum
on the discontinuance of the watershed conservation district in the
next countywide election in the county. Due notice of the
referendum must contain a description of the watershed
conservation district proposed to be discontinued. Only qualified
electors of the watershed conservation district may vote in the
election. The county election commission shall tabulate the
results of the referendum at the close of the polls, deliver a written
report of the results to the board of commissioners of the soil and
water conservation district, and certify the results to the clerks of
court and auditors of the counties involved.
(C) After recording the results of the referendum, the clerks of
court shall notify the board of commissioners of the soil and water
conservation district and the board of directors of the watershed
conservation district in writing that the watershed conservation
district has been discontinued, and the directors immediately shall
terminate the affairs of the watershed conservation district. The
board of commissioners shall submit to the Land Resources
Conservation Commission a copy of the notification from the
clerks of court.
Section 48-11-200. If a soil and water conservation district in
which part of a watershed conservation district is situated is
discontinued, all supervisory authority over the affairs of the
watershed conservation district which previously was exercised
by the board of commissioners of the soil and water conservation
district must be exercised by the governing bodies of the counties
involved.
Section 48-11-210. (A) The organization and function of
each of the following watershed conservation districts which have
implemented works of improvement must be revised to comply
with this chapter. Each watershed conservation district retains the
authority to levy the millage rate for the district, established
previously by the General Assembly or through the local creation
or administration of the watershed conservation district, at which
taxes may be levied each fiscal year on the real property in the
district, until the millage rate is changed as provided in this
chapter or increased by action of county council. This chapter
applies to those districts notwithstanding contrary provisions in
acts which may have created the districts. The districts and
related acts, where created by separate acts, include:
(1) Back Swamp, Lee County, Act 602 of 1961;
(2) Beaverdam Creek, Edgefield County, Act 1407 of
1974;
(3) Beaverdam Creek, Oconee County, Act 1178 of
1962;
(4) Beaverdam-Warriors Creek, Laurens County, Act 599
of 1961;
(5) Big Creek, Anderson County;
(6) Broadmouth Creek, Anderson County;
(7) Brown's Creek, Union County;
(8) Brushy Creek, Anderson and Pickens Counties;
(9) Buck Creek, Horry County, Act 579 of 1961;
(10) Carters Branch-Muddy Creek, Marlboro County, Act
1355 of 1966;
(11) Crabtree Swamp, Horry County, Act 579 of 1961;
(12) Duncan Creek, Laurens County, Act 599 of 1961;
(13) Fishing Creek, York County, Act 1219 of 1958;
(14) Gapway Swamp, Horry County, Act 579 of 1961;
(15) George's Creek, Pickens County, Act 633 of 1963;
(16) Hill's Creek, Chesterfield County, Act 513 of
1961;
(17) Hollow Creek, Lexington and Saluda Counties, Act
1335 of 1966;
(18) Horse Range Swamp, Orangeburg County, Act 816 of
1967;
(19) Little Lynches Creek, Kershaw and Lancaster
Counties, Act 1316 of 1966 and Act 583 of 1963;
(20) Little Walnut-Tom and Kate, Dorchester County, Act
584 of 1965;
(21) Lynches Lake-Camp Branch, Florence County, Act
1007 of 1960;
(22) Maple Swamp, Dillon County;
(23) Oolenoy River, Pickens County, Act 631 of 1961;
(24) Rabon Creek, Laurens and Greenville Counties;
(25) St. George-Gum Branch, Dorchester County;
(26) Salem Community, Florence County;
(27) Simpson Creek, Horry County, Act 579 of 1961;
(28) Rocky Creek, Chester and Fairfield Counties;
(29) South Tyger River, Greenville County, Act 544 of
1963;
(30) Thicketty Creek, Cherokee and Spartanburg
Counties;
(31) Three and Twenty Creek, Anderson and Pickens
Counties;
(32) Tinkers Creek, Chester and York Counties;
(33) Todd Swamp, Horry County, Act 579 of 1961;
(34) Wateree Creek, Fairfield County, Act 1077 of
1958;
(35) Wilson Creek, Anderson and Abbeville Counties;
(36) Willow Swamp, Colleton and Bamberg Counties, Act
1032 of 1962;
(B) The existing Bear Creek Watershed Conservation District,
Camp Creek Watershed Conservation District, Cane Creek
Watershed Conservation District, Gills Creek Watershed
Conservation District, and Hannah's Creek Watershed
Conservation District in Lancaster County, created pursuant to
Act 583 of 1963, are combined into a single watershed
conservation district named Cane Creek Watershed Conservation
District which encompasses the combined area of the five existing
watershed conservation districts. The organization and function
of the new Cane Creek Watershed Conservation District must be
revised to comply with this chapter. The district retains the
authority to levy the millage rate authorized in Act 583 of 1963
until the millage rate is changed as provided in this chapter or
increased by action of county council. This chapter applies to this
district notwithstanding contrary provisions in Act 583 of
1963.
(C) The existing Jackson Creek Watershed Conservation
District and Mill Creek Watershed Conservation District in
Fairfield County, created pursuant to Act 596 of 1965, are
combined into a single watershed conservation district named
Jackson-Mill Creek Watershed Conservation District which
encompasses the combined area of the two existing watershed
conservation districts. The organization and function of the new
Jackson-Mill Creek Watershed Conservation District must be
revised to comply with this chapter. The district retains the
authority to levy the millage rate authorized in Act 596 of 1965
until the millage rate is changed as provided in this chapter or
increased by action of county council. This chapter applies to this
district notwithstanding contrary provisions in Act 596 of
1965.
(D) The board of commissioners of each of the soil and water
conservation districts in which a part or all of each of the
watershed conservation districts in subsections (A), (B), and (C) is
located shall initiate action with the board of directors of the
watershed conservation district and the county government to
carry out this revision in the organization and function of the
watershed conservation district. The Land Resources
Conservation Commission shall assist each of the boards of
commissioners of the affected soil and water conservation districts
with this responsibility. The commission shall initiate this
assistance by providing written directions and guidance to each of
the affected soil and water conservation districts within ninety
days of the effective date of this chapter, as amended. The
commission may adopt policy and has broad authority to carry out
this section."
Repeals; deletions
SECTION 2. (A) Act 1316 of 1964, Act 655 of 1965, Acts 1179,
1196, 1212, and 1254 of 1966, and other acts or parts of acts
inconsistent with Chapter 11, Title 48 of the 1976 Code are
repealed.
(B) The following watershed conservation districts were
authorized by act of the General Assembly, but the districts never
created at the local level. The provisions for the districts are
deleted, and, where authorized by separate act, the act is
repealed:
(1) Coward, Florence County, Act 1097 of 1962;
(2) Crow Creek, Pickens County, Act 1195 of 1962;
(3) Ebenezer, Florence County, Act 1085 of 1958;
(4) Lynchburg-Shiloh, Sumter and Lee Counties, Act
1134 of 1960;
(5) Polk Swamp, Florence County, Act 1084 of 1958.
(C) The following watershed conservation districts which have
never implemented works of improvement are dissolved. The
South Carolina Land Resources Conservation Commission shall
so notify the board of commissioners of each of the soil and water
conservation districts in which the watershed conservation
districts are located. Where created by separate act, the act is
repealed:
(1) Brown-Grier, Horry County;
(2) Catfish Creek-Smith Swamp, Marion, Dillon, and
Marlboro Counties, Act 1081 of 1962;
(3) Clark's Fork-Bullocks Creek, York County, Act 725
of 1965;
(4) Deep Creek, Chesterfield County;
(5) Deer Creek, Colleton County;
(6) Eighteen Mile Creek, Pickens and Anderson Counties,
Act 691 of 1965 and Act 471 of 1961;
(7) Fairforest Creek, Union and Spartanburg
Counties;
(8) Kentyre-Hamer, Dillon County, Act 1081 of
1962;
(9) Long Cane-Turkey Creek, Abbeville, Anderson, and
Greenwood Counties, Act 493 of 1965, Act 471 of 1961, and Act
567 of 1961;
(10) Kings Creek, Cherokee County;
(11) Little River, Abbeville, Anderson, and McCormick
Counties, Act 493 of 1965, Act 471 of 1961, and Act 671 of
1965;
(12) Mitchell Swamp-Pleasant Meadow Branch, Horry
County;
(13) Reedy Creek, Dillon and Marlboro Counties, Act
1081 of 1962;
(14) Rocky River, Anderson County, Act 471 of 1961;
(15) Rumphs Hill, Dorchester County;
(16) Sanders Branch-Crooked Creek, Hampton County,
Act 640 of 1965;
(17) Stony Fork, York County, Act 725 of 1965;
(18) Sugar Creek, York and Lancaster Counties, Act 725
of 1965;
(19) Turkey Quarter Creek, Lancaster County;
(20) Will Camp Memorial, Cherokee County;
(21) Wilson Creek, Greenwood County, Act 567 of
1961.
Terms of current directors and their successors
SECTION 3. The directors of the watershed conservation
districts serving pursuant to Section 48-11-100 of the 1976 Code
or other act of the General Assembly on the effective date of this
act continue to serve until their terms expire when directors must
be selected pursuant to Section 48-11-100, as amended in this
act.
Time effective
SECTION 4. This act takes effect upon approval by the
Governor.
Approved the 1st day of June, 1992. |