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Bill Number: 1159 Ratification Number: 677 Act Number 590 Introducing Body: Senate Subject: Zoning by municipalities and counties
(A590, R677, S1159)
AN ACT TO AMEND SECTION 6-7-710, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GRANTING POWER FOR ZONING TO MUNICIPALITIES AND COUNTIES, SO AS TO AUTHORIZE THEM TO INCLUDE IN THEIR ZONING ORDINANCES PROVISIONS FOR LANDSCAPING, PROTECTION, AND REGULATION OF TREES IN CONSIDERATION OF THEIR VALUE FROM AN ENVIRONMENTAL, AGRICULTURAL, AESTHETIC, SCENIC, OR PRESERVATION STANDPOINT, TO EXCLUDE FROM THIS AUTHORITY THE REGULATION OF COMMERCIAL TIMBER OPERATIONS, AND TO PROVIDE THAT THESE PROVISIONS MAY NOT RESTRICT THE ABILITY OF PUBLIC UTILITIES AND ELECTRIC SUPPLIERS FROM MAINTAINING SAFE CLEARANCES AROUND UTILITY LINES, AND TO AUTHORIZE THE SOUTH CAROLINA FORESTRY COMMISSION, THROUGH ITS URBAN FORESTRY ASSISTANCE PROGRAM, TO PROVIDE RECOMMENDATIONS AND ASSISTANCE TO MUNICIPALITIES AND COUNTIES FOR EVALUATION, CARE, AND PRESERVATION OF TREES COVERED BY REGULATIONS ADOPTED UNDER THE PROVISIONS OF CHAPTER 7 OF TITLE 6 AS PART OF THE COMPREHENSIVE PLAN FOR THE JURISDICTION.
Be it enacted by the General Assembly of the State of South Carolina:
Zoning by municipalities and counties
SECTION 1. Section 6-7-710 of the 1976 Code is amended to read:
"Section 6-7-710. For the purposes of guiding development in accordance with existing and future needs and in order to protect, promote, and improve the public health, safety, morals, convenience, order, appearance, prosperity, and general welfare, the governing authorities of municipalities and counties may, in accordance with the conditions and procedures specified in this chapter, regulate the location, height, bulk, number of stories, and size of buildings and other structures, the percentage of lot which may be occupied, the sizes of yards, courts, and other open spaces, the density and distribution of populations, and the uses of buildings, structures, and land for trade, industry, residence, recreation, agriculture, forestry, conservation, airports and approaches to them, water supply, sanitation, protection against floods, public activities, and other purposes. The regulations must be made in accordance with the comprehensive plan for the jurisdiction as described in this chapter and must be designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers, to promote the public health and the general welfare, to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to protect scenic areas; to include provisions for landscaping and protection and regulation of trees in consideration of their value from an environmental, agricultural, aesthetic, scenic, or preservation standpoint, however, this authority does not include the regulation of commercial timber operations, nor shall this authority restrict the ability of public utilities and electric suppliers from maintaining safe clearance around utility lines; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements. The South Carolina Forestry Commission, through its urban forestry assistance program, may provide recommendations and assistance to municipalities and counties for evaluation, care, and preservation of trees covered by regulations under this chapter as part of the comprehensive plan for the jurisdiction. These regulations must be made with reasonable consideration, among other things, of the character of each area and its peculiar suitability for particular uses, and with a view to promoting desirable living conditions and the sustained stability of neighborhoods, protecting property against blight and depreciation, securing economy in governmental expenditures, conserving the value of land and buildings, and encouraging the most appropriate use of land and buildings and structures."
SECTION 2. This act takes effect upon approval by the Governor.