H 4385 General Bill, By Davenport, Bailey, Haskins, J. Hines, Littlejohn, 
Walker and C.C. Wells
 A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
 48-36-40 so as to establish the minimum requirements of the best management
 practices guidelines of the State Commission on Forestry, to make compliance
 with the guidelines mandatory, and to provide a civil penalty for violations.

   12/20/95  House  Prefiled
   12/20/95  House  Referred to Committee on Agriculture, Natural
                     Resources and Environmental Affairs
   01/09/96  House  Introduced and read first time HJ-73
   01/09/96  House  Referred to Committee on Agriculture, Natural
                     Resources and Environmental Affairs HJ-73

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-36-40 SO AS TO ESTABLISH THE MINIMUM REQUIREMENTS OF THE BEST MANAGEMENT PRACTICES GUIDELINES OF THE STATE COMMISSION ON FORESTRY, TO MAKE COMPLIANCE WITH THE GUIDELINES MANDATORY, AND TO PROVIDE A CIVIL PENALTY FOR VIOLATIONS.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Chapter 36, Title 48 of the 1976 Code, as added by Act 50 of 1995, is amended by adding:

"Section 48-36-40. (A) The Best Management Practices Guidelines, at a minimum, must require:

(1) no cutting allowed during wet periods;

(2) no cutting within fifty feet from each side of a stream;

(3) establishment of stream side management zones (SSMZ's);

(4) water bars on roads;

(5) culverts of ample size in streams;

(6) grade limitations sufficient to prohibit clearcutting on steep grades; and

(7) mandatory notice to the commission for any cutting of over two hundred acres for purposes of the commission supervising the cutting.

(B) Compliance with the guidelines issued pursuant to this chapter is mandatory and any person violating these guidelines is subject to a civil penalty imposed by the commission of not more than one thousand dollars for each violation. Revenues of the penalty may be retained by the commission and used for its operations."

SECTION 2. This act takes effect upon approval by the Governor.