South Carolina General Assembly
107th Session, 1987-1988

Bill 2120


                    Current Status

Bill Number:               2120
Ratification Number:       47
Act Number                 24
Introducing Body:          House
Subject:                   Regulation of the construction or
                           improvement of a farm structure by a county or
                           municipality
View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A24, R47, H2120)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-9-65 SO AS TO PROVIDE FOR THE REGULATION OF THE CONSTRUCTION OR IMPROVEMENT OF A FARM STRUCTURE BY A COUNTY OR MUNICIPALITY, TO DEFINE FARM STRUCTURE, AND TO PROVIDE FOR THE AUTHORITY OF THE COUNTY OR MUNICIPALITY TO ISSUE BUILDING PERMITS PRIOR TO THE CONSTRUCTION OR IMPROVEMENT.

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

Regulation of the construction or improvement of a farm structure; authority to issue building permits

SECTION 1. The 1976 Code is amended by adding:

"Section 6-9-65. (A) For purposes of this section, 'farm structure' means a structure which is constructed on a farm, other than a residence or a structure attached to it, for use on the farm, including but not limited to, barns, sheds, and poultry houses, but not public livestock areas. For purposes of this section, 'farm structure' does not include a structure originally qualifying as a 'farm structure' but later converted to another use.

(B) The governing body of a county or municipality may not enforce that portion of any nationally recognized building code it has adopted which regulates the construction or improvement of a farm structure. Standards for flood plain management by the Southern Building Code Congress International apply.

(C) The provisions of this section do not apply unless prior to constructing a farm structure the person owning the property on which the structure is to be constructed files an affidavit with the county or municipal official responsible for enforcing the building code stating that the structure is being constructed as a farm structure. The affidavit must include a statement of purpose or intended use of the proposed structure or addition.

(D) This section does not affect the authority of the governing body of a county or municipality to issue building permits prior to the construction or improvement of a farm structure."

Time Effective

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