Current Status Introducing Body:
HouseBill Number: 4258Ratification Number: 585Act Number: 473Primary Sponsor: SnowType of Legislation: GBSubject: Agricultural operations, trees and silvicultureDate Bill Passed both Bodies: Jun 02, 1992Computer Document Number: BBM/9646.JMGovernor's Action: SDate of Governor's Action: Jun 18, 1992Introduced Date: Jan 22, 1992Date of Last Amendment: Jun 02, 1992Last History Body: ------Last History Date: Jun 18, 1992Last History Type: Act No. 473Scope of Legislation: StatewideAll Sponsors: Snow G. Bailey Sharpe Rhoad Kennedy Altman Smith Farr Wilder Waldrop McAbee McTeerType of Legislation: General Bill
Bill Body Date Action Description CMN ---- ------ ------------ ------------------------------ --- 4258 ------ Jun 18, 1992 Act No. 473 4258 ------ Jun 18, 1992 Signed by Governor 4258 ------ Jun 04, 1992 Ratified R 585 4258 Senate Jun 02, 1992 Concurred in House amendment, enrolled for ratification 4258 House Jun 02, 1992 Senate amendments amended, returned to Senate 4258 Senate May 21, 1992 Returned the Bill to the House 4258 House May 20, 1992 Returned the Bill to the Senate 4258 Senate May 20, 1992 Requested the House to return the Bill 4258 Senate May 19, 1992 Amended, read third time, returned to House with amendments 4258 Senate May 12, 1992 Read second time, notice of general amendments 4258 Senate Apr 30, 1992 Polled out of Committee: 01 Favorable 4258 Senate Mar 10, 1992 Introduced, read first time, 01 referred to Committee 4258 House Mar 06, 1992 Read third time, sent to Senate 4258 House Mar 05, 1992 Read second time, unanimous consent for third reading on next Legislative day 4258 House Feb 27, 1992 Committee Report: Favorable 20 4258 House Jan 22, 1992 Introduced, read first time, 20 referred to CommitteeView additional legislative information at the LPITS web site.
(A473, R585, H4258)
AN ACT TO AMEND SECTION 46-45-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS OF "AGRICULTURAL FACILITY" AND "AGRICULTURAL OPERATION" UNDER THE PROVISIONS OF LAW CONCERNING NUISANCE SUITS RELATED TO AGRICULTURAL OPERATIONS, SO AS TO INCLUDE "TREES" AND "SILVICULTURE" WITHIN THOSE DEFINED TERMS, RESPECTIVELY; TO AMEND SECTION 57-25-150, RELATING TO OUTDOOR ADVERTISING, PERMITS FOR THE ERECTION AND MAINTENANCE OF SIGNS, AND FEES, SO AS TO PROVIDE THAT THE NONREFUNDABLE PERMIT APPLICATION FEE SHALL BE WAIVED FOR SOUTH CAROLINA FARMERS ADVERTISING AGRICULTURAL PRODUCTS PRODUCED ON LAND THAT THEY FARM WHICH ARE FOR SALE TO THE PUBLIC AND IF THE SIGNS DO NOT EXCEED THIRTY-TWO SQUARE FEET; TO REQUIRE THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO ISSUE PERMITS FOR EXISTING SIGNS AND OUTDOOR ADVERTISING SIGNS ON HIGHWAYS IN THE INTERSTATE SYSTEM OR FEDERAL-AID PRIMARY SYSTEM IN SOUTH CAROLINA THAT ARE NONCONFORMING ONLY BECAUSE A PERMIT WAS NOT OBTAINED PRIOR TO ERECTION OF THE SIGN, AND PROHIBIT THE DEPARTMENT FROM REQUIRING REMOVAL OF CONFORMING SIGNS AND OUTDOOR ADVERTISING SIGNS AS A PREREQUISITE TO ISSUING A PERMIT FOR SUCH SIGNS THAT WOULD OTHERWISE QUALIFY FOR A PERMIT; TO AMEND SECTION 57-25-140, RELATING TO OUTDOOR ADVERTISING, SIGNS PERMITTED ALONG INTERSTATE OR FEDERAL-AID PRIMARY HIGHWAYS, THE CUSTOMARY USE EXCEPTION, AND THE REMOVAL OF VEGETATION FROM RIGHT-OF-WAYS, SO AS TO AUTHORIZE THE ERECTION AND MAINTENANCE OF SIGNS OF THIRTY-TWO SQUARE FEET OR LESS ADVERTISING AGRICULTURAL PRODUCTS OF A SEASONAL NATURE, SIGNS OF A POLITICAL NATURE, SIGNS ERECTED BY OR ON THE BEHALF OF ELEEMOSYNARY, CIVIC, NONPROFIT, CHURCH, OR CHARITABLE ORGANIZATIONS, OR SIGNS ADVERTISING SPECIAL COMMUNITY EVENTS WHICH ARE ERECTED TEMPORARILY FOR NINETY DAYS OR LESS; TO PROVIDE THAT A SIGN IN EXISTENCE ADJACENT TO AN INTERSTATE OR FEDERAL-AID PRIMARY HIGHWAY WHICH IS ILLEGAL SOLELY BECAUSE A PERMIT HAS NOT BEEN ISSUED BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION IS ALLOWED TO REMAIN ERECTED WITHOUT PENALTY FOR ONE HUNDRED TWENTY DAYS FROM PASSAGE OF THIS LEGISLATION IN ORDER TO ALLOW FOR THE APPLICATION FOR A PERMIT TO BE MADE; TO REQUIRE THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO PROMULGATE REGULATIONS CONSISTENT WITH SECTION 131(O), TITLE 23, UNITED STATES CODE, OR SUCH OTHER PROVISIONS OF TITLE 23 AS MAY BE APPROPRIATE, TO ALLOW SIGNS, DISPLAYS, AND DEVICES ON FEDERALLY-AIDED PRIMARY ROUTES OUTSIDE OF NONURBAN AREAS WHICH PROVIDE DIRECTIONAL INFORMATION ABOUT GOODS AND SERVICES IN THE INTEREST OF THE TRAVELING PUBLIC AND WHICH ARE SUCH THAT REMOVAL WOULD WORK AN ECONOMIC HARDSHIP IN SUCH AREAS, AND PROVIDE THAT PURSUANT TO SECTION 131(0), TITLE 23, UNITED STATES CODE, THE DEPARTMENT SHALL SUBMIT THESE REGULATIONS TO THE UNITED STATES SECRETARY OF TRANSPORTATION FOR APPROVAL; AND TO PROVIDE THAT IN ORDER TO COMPLY WITH SECTION 131, TITLE 23, UNITED STATES CODE AND REGULATIONS PROMULGATED UNDER THAT SECTION AND TO PREVENT INTERRUPTION OF THE STATE'S FEDERALLY-AIDED HIGHWAY FUNDING, THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION SHALL CONFER WITH THE FEDERAL HIGHWAY ADMINISTRATION AS TO HOW BEST TO STRUCTURE A NONCONFORMING SIGN REMOVAL PROGRAM, REQUIRE THE DEPARTMENT TO SUBMIT TO THE FEDERAL HIGHWAY ADMINISTRATION IN A TIMELY FASHION ITS PROCESS, PROGRAM, AND TIMETABLE FOR REMOVAL OF NONCONFORMING SIGNS UNDER SECTION 131, TITLE 23, UNITED STATES CODE AND REGULATIONS PROMULGATED UNDER THAT SECTION, AND PROVIDE THAT IN DEVELOPING AND IMPLEMENTING THIS REMOVAL PROGRAM, THE DEPARTMENT SHALL CONSULT WITH INTERESTED PARTIES AND AFFECTED ENTITIES, INCLUDING BUT NOT LIMITED TO, OTHER STATE AND LOCAL AGENCIES, SIGN OWNERS, ENVIRONMENTAL GROUPS, AND THE BUSINESS COMMUNITY.
Be it enacted by the General Assembly of the State of South Carolina:
Agricultural facility, operation further defined
SECTION 1. Section 46-45-20 of the 1976 Code, as last amended by Act 442 of 1990, is further amended to read:
"Section 46-45-20. (A) For purposes of this chapter, `agricultural facility' includes, but is not limited to, any land, building, structure, pond, impoundment appurtenance, machinery, or equipment which is used for the commercial production or processing of crops, trees, livestock, animals, poultry, honeybees, honeybee products, livestock products, poultry products, or products which are used in commercial aquaculture.
(B) For purposes of this chapter `agricultural operation' means:
(1) the plowing, tilling, or preparation of soil at the agricultural facility;
(2) the planting, growing, fertilizing, or harvesting of crops;
(3) the application of pesticides, herbicides, or other chemicals, compounds, or substances to crops, weeds, or soil in connection with the production of crops, livestock, animals, or poultry;
(4) the breeding, hatching, raising, producing, feeding, keeping, slaughtering, or processing of livestock, hogs, aquatic animals, equines, chickens, turkeys, poultry or other fowl normally raised for food, mules, cattle, sheep, goats, rabbits, or similar farm animals for commercial purposes;
(5) the production and keeping of the honeybees, the production of honeybee products, and honeybee processing facilities;
(6) the production, processing, or packaging of eggs or egg products;
(7) the manufacturing of feed for poultry or livestock;
(8) the rotation of crops;
(9) commercial aquaculture;
(10) the application of existing, changed, or new technology, practices, processes, or procedures to an agricultural operation;
(11) the operation of a roadside market; and
Nonrefundable permit application fee; exception provided
SECTION 2. Section 57-25-150(B) of the 1976 Code is amended to read:
"(B) The Department of Highways and Public Transportation shall issue permits for all signs on location on November 3, 1971, except those signs erected pursuant to items (1), (2), (3), (5), and (6) of subsection (A) of Section 57-25-140. It also shall issue permits for the erection and maintenance of additional outdoor advertising signs coming within the exceptions contained within items (4), (7), and (8) of subsection (A) of Section 57-25-140. Sign owners must be assessed the following fees:
(1) the appropriate annual fee plus an initial nonrefundable permit application fee of one hundred dollars, except that the nonrefundable permit application fee shall be waived for South Carolina farmers advertising agricultural products produced on land that they farm which are for sale to the public and if the signs do not exceed thirty-two square feet;
(2) an annual fee of twenty dollars if the advertising area does not exceed three hundred fifty square feet; and
(3) an annual fee of thirty dollars if the advertising area exceeds three hundred fifty square feet.
The permit fees must be allocated first for administrative costs incurred by the department in maintaining the outdoor advertising program.
The permit number must be displayed prominently on the sign."
Issue permits for existing signs; etc.
SECTION 3. Notwithstanding any other provision of law, the Department of Highways and Public Transportation must issue permits for existing signs and outdoor advertising signs on highways in the interstate system or federal-aid primary system in this State that are nonconforming only because a permit was not obtained prior to erection of the sign. The department may not require removal of conforming signs and outdoor advertising signs as a prerequisite to issuing a permit for such signs that would otherwise qualify for a permit.
Certain signs authorized
SECTION 4. Section 57-25-140(A) of the 1976 Code is amended by adding an appropriately numbered item to read:
"( ) signs of thirty-two square feet or less advertising agricultural products of a seasonal nature, signs of a political nature, signs erected by or on the behalf of eleemosynary, civic, nonprofit, church, or charitable organizations, or signs advertising special community events which are erected temporarily for ninety days or less."
Certain signs allowed for one hundred twenty days
SECTION 5. A sign in existence adjacent to an interstate or federal-aid primary highway which is illegal solely because a permit has not been issued by the South Carolina Department of Highways and Public Transportation is allowed to remain erected without penalty for one hundred twenty days from passage of this act in order to allow for the application for a permit to be made.
Signs; regulations; etc.
SECTION 6. The Department of Highways and Public Transportation shall promulgate regulations consistent with Section 131(o), Title 23, United States Code, or such other provisions of Title 23 as may be appropriate, to allow signs, displays, and devices on federally-aided primary routes outside of nonurban areas which (1) provide directional information about goods and services in the interest of the traveling public and (2) are such that removal would work an economic hardship in such areas. Pursuant to Section 131(o), Title 23, United States Code, the department shall submit these regulations to the United States Secretary of Transportation for approval.
Highway Department to confer with Federal Highway Administration, etc.
SECTION 7. In order to comply with Section 131, Title 23, United States Code and regulations promulgated under that section and to prevent interruption of the state's federally-aided highway funding, the South Carolina Department of Highways and Public Transportation shall confer with the Federal Highway Administration as to how best to structure a nonconforming sign removal program.
The department shall submit to the Federal Highway Administration in a timely fashion its process, program, and timetable for removal of nonconforming signs under Section 131, Title 23, United States Code and regulations promulgated under that section.
In developing and implementing this removal program the department shall consult with interested parties and affected entities including, but not limited to, other state and local agencies, sign owners, environmental groups, and the business community.
SECTION 8. This act takes effect upon approval by the Governor.
Approved the 18th day of June, 1992.