H*4482(Rat #0419, Act #0001 of 2005)  General Bill, By Cotty, Altman, 
G.M. Smith, Davenport, Coates, J. Brown, Richardson, Kirsh, Owens, Weeks, Clark, 
Harrison, J.R. Smith, E.H. Pitts, Walker, Hinson, Whipper and J.E. Smith
 AN ACT TO AMEND CHAPTER 29, TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO LOCAL GOVERNMENT PLANNING, BY ADDING ARTICLE 11 SO AS TO ENACT THE
 "FEDERAL DEFENSE FACILITIES UTILIZATION INTEGRITY PROTECTION ACT" WHICH
 PROVIDES PROCESSES AND PROCEDURES WHEREBY LOCAL PLANNING ENTITIES AND
 OFFICIALS MUST CONSIDER CERTAIN MATTERS AND TAKE CERTAIN ACTIONS IN REGARD TO
 DEVELOPMENT IN CERTAIN AREAS BORDERING FEDERAL MILITARY INSTALLATIONS LOCATED
 IN SOUTH CAROLINA OR THE OVERLAY ZONES OR AIR COMPATIBLE USE ZONES AT THESE
 INSTALLATIONS. - ratified title

   12/17/03  House  Prefiled
   12/17/03  House  Referred to Committee on Ways and Means
   01/13/04  House  Introduced and read first time HJ-92
   01/13/04  House  Referred to Committee on Ways and Means HJ-92
   01/15/04  House  Member(s) request name added as sponsor: Walker
   01/22/04  House  Member(s) request name added as sponsor: Hinson
   01/28/04  House  Member(s) request name added as sponsor: Whipper
   02/19/04  House  Committee report: Favorable with amendment Ways
                     and Means HJ-4
   02/25/04  House  Member(s) request name added as sponsor: J.E.Smith
   02/25/04  House  Amended HJ-55
   02/25/04  House  Read second time HJ-58
   02/26/04  House  Read third time and sent to Senate HJ-21
   03/02/04  Senate Introduced and read first time SJ-8
   03/02/04  Senate Referred to Committee on Judiciary SJ-8
   05/26/04  Senate Recalled from Committee on Judiciary SJ-4
   05/27/04  Senate Read second time SJ-211
   05/27/04  Senate Ordered to third reading with notice of
                     amendments SJ-211
   06/01/04  Senate Amended SJ-48
   06/01/04  Senate Read third time and returned to House with
                     amendments SJ-48
   06/02/04  House  Concurred in Senate amendment and enrolled HJ-39
   06/02/04         Scrivener's error corrected
   06/03/04         Ratified R 419
   10/28/04         Signed By Governor
   11/02/04         Copies available
   11/02/04         Effective date 10/28/04
   02/16/05         Act No. 1

(A1, R419, H4482 of 2004)

AN ACT TO AMEND CHAPTER 29, TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOCAL GOVERNMENT PLANNING, BY ADDING ARTICLE 11 SO AS TO ENACT THE "FEDERAL DEFENSE FACILITIES UTILIZATION INTEGRITY PROTECTION ACT" WHICH PROVIDES PROCESSES AND PROCEDURES WHEREBY LOCAL PLANNING ENTITIES AND OFFICIALS MUST CONSIDER CERTAIN MATTERS AND TAKE CERTAIN ACTIONS IN REGARD TO DEVELOPMENT IN CERTAIN AREAS BORDERING FEDERAL MILITARY INSTALLATIONS LOCATED IN SOUTH CAROLINA OR THE OVERLAY ZONES OR AIR COMPATIBLE USE ZONES AT THESE INSTALLATIONS.

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

Federal Defense Facilities Utilization Integrity Protection Act

SECTION    1.    Chapter 29, Title 6 of the 1976 Code, is amended by adding:

"Article 11

Section 6-29-1510.    This article may be cited as the 'Federal Defense Facilities Utilization Integrity Protection Act'.

Section 6-29-1520.    The General Assembly finds:

(1)    As South Carolina continues to grow, there is significant potential for uncoordinated development in areas contiguous to federal military installations that can undermine the integrity and utility of land and airspace currently used for mission readiness and training.

(2)    Despite consistent cooperation on the part of local government planners and developers, this potential remains for unplanned development in areas that could undermine federal military utility of lands and airspace in South Carolina.

(3)    It is, therefore, desirous and in the best interests of the people of South Carolina to enact processes that will ensure that development in areas near federal military installations is conducted in a coordinated manner that takes into account and provides a voice for federal military interests in planning and zoning decisions by local governments.

Section 6-29-1525.    (A)    For purposes of this article, 'federal military installations' includes Fort Jackson, Shaw Air Force Base, McEntire Air Force Base, Charleston Air Force Base, Beaufort Marine Corps Air Station, Beaufort Naval Hospital, Parris Island Marine Recruit Depot, and Charleston Naval Weapons Station.

(B)    For purposes of this article, a 'federal military installation overlay zone' is an 'overlay zone' as defined in Section 6-29-720(C)(5) in a geographic area including a federal military installation as defined in this section.

Section 6-29-1530.    (A)    In any local government which has established a planning department or other entity, such as a board of zoning appeals, charged with the duty of establishing, reviewing, or enforcing comprehensive land use plans or zoning ordinances, that planning department or other entity, with respect to each proposed land use or zoning decision involving land that is located within a federal military installation overlay zone or, if there is no such overlay zone, within three thousand feet of any federal military installation, or within the three thousand foot Clear Zone and Accident Potential Zones Numbers I and II as prescribed in 32 C.F.R. Section 256, defining Air Installation Compatible Use Zones of a federal military airfield, shall:

(1)    at least thirty days prior to any hearing conducted pursuant to Section 6-29-530 or 6-29-800, request from the commander of the federal military installation a written recommendation with supporting facts with regard to the matters specified in subsection (C) relating to the use of the property which is the subject of review; and

(2)    upon receipt of the written recommendation specified in subsection (A)(1) make the written recommendations a part of the public record, and in addition to any other duties with which the planning department or other entity is charged by the local government, investigate and make recommendations of findings with respect to each of the matters enumerated in subsection (C).

(B)    If the base commander does not submit a recommendation pursuant to subsection (A)(1) by the date of the public hearing, there is a presumption that the land use plan or zoning proposal does not have any adverse effect relative to the matters specified in subsection (C).

(C)    The matters the planning department or other entity shall address in its investigation, recommendations, and findings must be:

(1)    whether the land use plan or zoning proposal will permit a use that is suitable in view of the fact that the property under review is within the federal military installation overlay zone, or, if there is no such overlay zone located within three thousand feet of a federal military installation or within the three thousand foot Clear Zone and Accident Potential Zones Numbers I and II as prescribed in 32 C.F.R. Section 256, defining Air Installation Compatible Use Zones of a federal military airfield;

(2)    whether the land use plan or zoning proposal will adversely affect the existing use or usability of nearby property within the federal military installation overlay zone, or, if there is no such overlay zone, within three thousand feet of a federal military installation, or within the three thousand foot Clear Zone and Accident Potential Zones Numbers I and II as prescribed in 32 C.F.R. Section 256, defining Air Installation Compatible Use Zones of a federal military airfield;

(3)    whether the property to be affected by the land use plan or zoning proposal has a reasonable economic use as currently zoned;

(4)    whether the land use plan or zoning proposal results in a use which causes or may cause a safety concern with respect to excessive or burdensome use of existing streets, transportation facilities, utilities, or schools where adjacent or nearby property is used as a federal military installation;

(5)    if the local government has an adopted land use plan, whether the zoning proposal is in conformity with the policy and intent of the land use plan given the proximity of a federal military installation; and

(6)    whether there are other existing or changing conditions affecting the use of the nearby property such as a federal military installation which give supporting grounds for either approval or disapproval of the proposed land use plan or zoning proposal.

(D)    Where practicable, local governments shall incorporate identified boundaries, easements, and restrictions for federal military installations into official maps as part of their responsibilities delineated in Section 6-29-340.

Section 6-29-1540.    Nothing in this article is to be construed to apply to former military installations, or approaches or accesses related thereto, that are in the process of closing or redeveloping pursuant to base realignment and closure proceedings, including the former naval base facility on the Cooper River in and near the City of North Charleston, nor to the planned uses of, or construction of facilities on or near, that property by the South Carolina State Ports Authority, nor to the construction and uses of transportation routes and facilities necessary or useful thereto."

Time effective

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

Ratified the 3rd day of June, 2004.

Approved the 28th day of October, 2004.