South Carolina Legislature


 

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H 3763
Session 111 (1995-1996)


H 3763 General Bill, By Sharpe, Askins, Bailey, Clyburn, Davenport, Fleming, 
Littlejohn, L.M. Martin, Rice, Riser, Witherspoon and S.S. Wofford

Similar(S 564) A Bill to amend the Code of Laws of South Carolina, 1976, by adding Chapter 36 to Title 48 so as to provide for the Forest Best Management Practices Act by defining terms and setting forth requirements for the Commission of Forestry. 03/08/95 House Introduced and read first time HJ-4 03/08/95 House Referred to Committee on Agriculture, Natural Resources and Environmental Affairs HJ-4


A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 36 TO TITLE 48 SO AS TO PROVIDE FOR THE FOREST BEST MANAGEMENT PRACTICES ACT BY DEFINING TERMS AND SETTING FORTH REQUIREMENTS FOR THE COMMISSION OF FORESTRY.

Whereas, the General Assembly finds that:

(1) Forests are a major contributor to the economy and quality of the environment in South Carolina. Sixty-five percent of South Carolina is forested.

(2) Best Management Practices have been developed as a set of guidelines for silvicultural activities to protect water quality, air quality, soil quality and productivity, wildlife habitat, and the aesthetic integrity of the forest.

(3) South Carolina manages thousands of acres of land for parks, wildlife habitat, forests, and other public purposes. Implementation of Best Management Practices for management of public lands is required to maintain the resource values for which these lands were acquired.

(4) The State Commission of Forestry provides technical support to assist public and private landowners with the proper management of their forest land.

(5) Proper training in the implementation of Best Management Practices is necessary to ensure maximum benefits and protection for the state's natural resources.

(6) As South Carolina's population continues to grow, pressures from liability issues and nuisance complaints inhibit silvicultural activities.

(7) A public education program is necessary to make citizens and visitors aware of environmental and economic benefits of silvicultural activities.

(8) The State Commission of Forestry is charged with promoting a proper appreciation by the public of the advantages of forestry and benefits to be derived from forest lands.

(9) An ongoing Best Management Practices monitoring program conducted by the State Commission of Forestry will document the use of Best Management Practices and their effectiveness in protecting the state's natural resources; and

Whereas, it is the purpose of this act to authorize the State Commission of Forestry to serve as the lead agency in the development, implementation, and monitoring of Best Management Practice programs on forested lands. Now, therefore,

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

SECTION 1. Title 48 of the 1976 Code is amended by adding:

"Chapter 36

South Carolina Forest Best Management Practices Act

Section 48-36-10. This chapter may be cited as the `South Carolina Forest Best Management Practices Act'.

Section 48-36-20. For the purposes of this chapter:

(1) `Silvicultural activity' means multiple-use forest management activity including, but not limited to, the harvesting of timber, construction of roads and trails for forest management purposes, and preparation of property for reforestation.

(2) `Best Management Practices' means a set of guidelines for silvicultural activities to protect water quality, air quality, soil quality and productivity, wildlife habitat, and the aesthetic integrity of the forest.

Section 48-36-30. The State Commission of Forestry is the designated agency in South Carolina to provide public oversite and guidance for technical forest management practices and related activities in laws pertaining to forest lands. To carry out this charge, the commission may enter into contracts and memorandums of understanding with other state or federal agencies. The commission shall establish Best Management Practices, related monitoring programs, and other programs to assure that forestry practices are in compliance with state and federal regulations."

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

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