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

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.