Current Status Introducing Body:House Bill Number:4441 Primary Sponsor:Boan Committee Number:20 Type of Legislation:GB Subject:Watershed conservation districts Residing Body:House Current Committee:Agriculture, Natural Resources, and Environmental Affairs Companion Bill Number:1280 Computer Document Number:NO5/8075.BD Introduced Date:Feb 25, 1992 Last History Body:House Last History Date:Feb 25, 1992 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Boan Hodges Chamblee K. Burch Carnell Cooper Delleney Harwell Stone McTeer Townsend Wilkes Type of Legislation:General Bill
Bill Body Date Action Description CMN
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4441 House Feb 25, 1992 Introduced, read first time, 20
referred to Committee
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TO AMEND CHAPTER 11, TITLE 48, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATERSHED CONSERVATION DISTRICTS, SO AS TO ADD SECTIONS 48-11-15 AND 48-11-185, DELETE SECTION 48-11-80, AND REVISE THE PROCEDURES FOR THE CREATION, ORGANIZATION, AND FUNCTION OF THE DISTRICTS; TO REPEAL ACT 1316 OF 1964, RELATING TO DISTRICTS IN NEWBERRY COUNTY, ACT 655 OF 1965, RELATING TO DISTRICTS IN JASPER COUNTY, ACT 1179 OF 1966, RELATING TO DISTRICTS IN ALLENDALE COUNTY, ACT 1196 OF 1966, RELATING TO DISTRICTS IN BEAUFORT COUNTY, ACT 1212 OF 1966, RELATING TO DISTRICTS IN CHARLESTON COUNTY, ACT 1254 OF 1966, RELATING TO DISTRICTS IN DARLINGTON COUNTY, AND OTHER ACTS OR PARTS OF ACTS INCONSISTENT WITH CHAPTER 11, TITLE 48; TO DELETE PROVISIONS FOR CERTAIN DISTRICTS WHICH WERE AUTHORIZED BY ACT BUT WERE NEVER CREATED AT THE LOCAL LEVEL AND, WHERE THE DISTRICTS WERE AUTHORIZED BY SEPARATE ACT, TO REPEAL ACT 1084 OF 1958, RELATING TO POLK SWAMP, FLORENCE COUNTY, ACT 1085 OF 1958, RELATING TO EBENEZER, FLORENCE COUNTY, ACT 1134 OF 1960, RELATING TO LYNCHBURG-SHILOH, SUMTER AND LEE COUNTIES, ACT 1097 OF 1962, RELATING TO COWARD, FLORENCE COUNTY, AND ACT 1195 OF 1962, RELATING TO CROW CREEK, PICKENS; TO DISSOLVE CERTAIN DISTRICTS WHICH HAVE NEVER IMPLEMENTED WORKS OF IMPROVEMENT AND, WHERE THE DISTRICTS WERE CREATED BY SEPARATE ACT, TO REPEAL ACT 471 OF 1961, RELATING TO EIGHTEEN MILE CREEK, PICKENS AND ANDERSON COUNTIES, LONG-CANE TURKEY CREEK, ABBEVILLE, ANDERSON, AND GREENWOOD COUNTIES, LITTLE RIVER, ABBEVILLE, ANDERSON, AND MCCORMICK COUNTIES, AND ROCKY RIVER, ANDERSON COUNTY, ACT 567 OF 1961, RELATING TO LONG CANE-TURKEY CREEK, ACT 1081 OF 1962, RELATING TO CATFISH CREEK-SMITH SWAMP, MARION, DILLON, AND MARLBORO COUNTIES, KENTYRE-HAMER, DILLON COUNTY, AND REEDY CREEK, DILLON AND MARLBORO COUNTIES, ACT 493 OF 1965, RELATING TO LONG CANE-TURKEY CREEK, ACT 640 OF 1965, RELATING TO SANDERS BRANCH-CROOKED CREEK, HAMPTON COUNTY, ACT 671 OF 1965, RELATING TO LITTLE RIVER, ACT 691 OF 1965, RELATING TO EIGHTEEN MILE CREEK, AND ACT 725 OF 1965, RELATING TO CLARK'S FORK-BULLOCKS CREEK, YORK COUNTY, STONY FORK, YORK COUNTY, AND SUGAR CREEK, YORK AND LANCASTER COUNTIES; AND TO PROVIDE FOR THE TERMS OF THE DIRECTORS OF THE DISTRICTS SERVING ON THE EFFECTIVE DATE OF THIS ACT AND FOR THE TERMS OF THEIR SUCCESSORS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 11, Title 48 of the 1976 Code, as last amended by Act 173 of 1987, is further amended to read:
Section 48-11-10. Whenever As used or referred to in this chapter, unless a different meaning clearly appears from the context:
(1) `Watershed conservation district' means a governmental subdivision of this State, and a public body corporate and politic, organized and functioning in accordance with the provisions of this chapter, for the purposes and with the powers and duties provided herein, in this chapter and subject to the its restrictions hereinafter set forth.
(2) `Director' means one of the members of the governing body of a watershed conservation district, elected selected in accordance with the provisions of this chapter, and. `Board of directors' means the governing body of a watershed conservation district.
(3) `Soil and water conservation district' means a governmental subdivision of this State, and a public body corporate and politic, organized in accordance with the provisions of Chapter 9 of Title 48, for the purposes, with the powers, and subject to the restrictions therein set forth, and shall apply in the chapter. It applies to all districts organized under such provisions of law, including those districts originally designated as `soil conservation districts'.
(4) `Commissioner' means one of the members of the governing body of each soil and water conservation district in which any part of a watershed conservation district is situated, and. `Board of commissioners' means the governing body of the soil and water conservation district in which a watershed conservation district is situated or, if the watershed conservation district is situated in more than one soil and water conservation district, the joint governing bodies of such the districts.
(5) `Petition' means a petition filed under the provisions of Section 48-11-40 for the creation of a watershed conservation district.
(6) `Nominating petition' means a petition filed under the provisions of Section 48-11-100(B) or (C) to nominate candidates for the office of director of a watershed conservation district.
(7) `State' means the State of South Carolina.
(8) `Landowner' or `Owner of land' includes any a person, firm, or corporation who shall hold holding legal or equitable title to any lands, or interest therein, in lands lying within a watershed conservation district organized under the provisions of this chapter.
(9) `Qualified elector' includes any a person qualified to vote in elections by the people under the Constitution of this State.
(10) `Due notice' means notice published at least twice, with an interval of at least one week between the two publication dates, in a publication of general circulation within the appropriate area or, if no such publication of general circulation is available, notice posted at a reasonable number of conspicuous places within the appropriate area, such posting to include,. When possible, posting notice must be posted at public places where it is customary to post notices concerning county or municipal affairs generally.
(11) `Watershed' means the drainage area contributing stormwater runoff to a single point.
Section 48-11-15. The South Carolina Land Resources Conservation Commission shall assist boards of commissioners of soil and water conservation districts and boards of directors of watershed conservation districts with the organization and function of watershed conservation districts. For the purpose of this chapter, the responsibility of the commission is limited to this activity. The construction, operation and maintenance of watershed works of improvement are the sole responsibility of watershed conservation districts and others as specified in documents for the works of improvement.
Section 48-11-20. Watershed conservation districts may be established as hereinafter provided in this chapter within one or more soil and water conservation districts for the purpose of developing to develop and executing execute plans and programs relating to any a phase of the control and or prevention of soil erosion, flood prevention, or flooding; or the conservation, protection, improvement, development and, or utilization of soil and water resources, and; stormwater management; or the disposal of water. This authority is applicable to applies, but is not limited to, the planning and carrying out of works of improvement for the foregoing purposes which may be considered by the United States Secretary of Agriculture under the Watershed and Flood Prevention Act, 68 Stat. 666, as amended, and does not affect the existing procedures followed by local interests in the planning and construction of water resources development projects of other agencies; provided. However, that this chapter may be used when, in the opinion of those agencies, such the use is advisable or expedient.
Section 48-11-30. The area embraced in a watershed conservation district shall must be contiguous, shall must lie within a well-defined watershed, and shall must be situated within one or more soil and water conservation districts. Such The area shall may not include lands located within the boundary of any incorporated city or town, or lands embraced in another watershed conservation district.
Section 48-11-40. When twenty-five or more owners of land lying qualified electors residing within a proposed watershed conservation district, or, if less than fifty landowners qualified electors are involved, a majority of such landowners the qualified electors, desire to form a watershed conservation district, they shall file a petition with the board of commissioners of the soil and water conservation district in which the proposed watershed conservation district is situated, asking that a watershed conservation district be organized to function in the area described in the petition. Such The petition shall must:
(1) set forth the proposed name of the watershed conservation district;
(2) state that there is need, in the interest of the public health, safety, and welfare, for a watershed conservation district to function in the territory described in the petition;
(3) include a description map of the territory proposed to be organized as a watershed conservation district, which description need not be given by metes and bounds or by legal subdivisions, but shall be deemed sufficient if generally accurate;
(4) state the approximate number of acres of land included in the proposed watershed conservation district; the maximum rate, expressed in mills on each dollar of assessed valuation, at which
(5) state the authority for taxes may to be levied for any one each fiscal year for the purposes of the watershed conservation district, except that such limitation shall not be applicable to the levy of taxes authorized in Section 48-11-120 for the payment of interest on indebtedness or bonds or to amortize indebtedness or bonds; and
(6) include a request that the area described in the petition be established as a watershed conservation district.
Section 48-11-50. If the proposed watershed conservation district is situated in more than one soil and water conservation district, a copy of the petition shall must be presented to the governing body board of commissioners of each soil and water conservation district in which any part of such the proposed watershed conservation district is situated, and. The commissioners of all such the soil and water conservation districts shall act as a joint board of commissioners with respect to all matters concerning such the watershed conservation district, including its creation. Such The watershed conservation district shall must be organized in like manner and shall have the same powers and duties as a watershed conservation district situated entirely in one soil and water conservation district.
Section 48-11-60. (1)(A) Within thirty days after such the petition has been filed with the board of commissioners of the soil and water conservation district, they the board shall cause due notice to be given of a public hearing upon on the desirability and necessity, in the interest of the public health, safety, and welfare, of the creation of the watershed conservation district and the administrative practicability and feasibility of the operation of the watershed conservation district. All interested parties shall have the right to may attend such the hearing and to be heard. If it shall appear appears at the hearing that other lands should must be included in the petition or that land included in the petition should must be excluded, the board of commissioners may permit such the inclusion or exclusion, provided if the land area involved still meets the requirements of Section 48-11-30.
(2)(B) If it appears upon the hearing that it may be desirable to include within the proposed watershed conservation district territory outside of the area within which due notice of the hearing has been given, the hearing shall must be adjourned and, within thirty days, due notice of a further hearing shall must be given throughout the entire area considered for inclusion in the proposed watershed conservation district, and such the further hearing shall must be held. After final hearing, Within sixty days after final hearing the board of commissioners shall determine whether the proposed watershed conservation district is needed. If the commissioners determine, upon the facts presented at the hearing and upon other available information, that there is need, in the interest of the public health, safety, and welfare, for a watershed conservation district to function in the territory considered at the hearing and that the operation of the watershed conservation district is administratively practicable and feasible, they shall make and record in their minutes such the determination, and shall submit the determination in writing to the clerks of court of the applicable counties. The determination shall define the boundaries of the proposed watershed conservation district.
(3)(C) If the board of commissioners determine after such the hearing that there is no need for a watershed conservation district to function in the territory considered at the hearing, they or that the operation of the watershed conservation district is not administratively practicable or feasible, the board shall make and record in their its minutes such the determination and shall deny the petition. A new petition must not be filed until two years after the date of determination of denial of the previous petition.
Section 48-11-70. After the board of commissioners of the soil and water conservation district have made and has recorded a determination that there is need, in the interest of the public health, safety, and welfare, for a watershed conservation district to function in the territory considered at the hearing, and that the operation of the watershed conservation district is administratively practicable and feasible and have has defined the its boundaries thereof, they the board shall consider the question of whether the operation of a watershed conservation district within the proposed boundaries with the powers conferred upon it by this chapter is administratively practicable and feasible. To assist the commissioners in making this determination, they shall, within a reasonable time after the entry of a finding that there is need for the organization of a watershed conservation district and the determination of the boundaries thereof, hold a referendum within the proposed watershed conservation district upon the proposition of the creation of the watershed conservation district determine whether the majority of the qualified electors residing in the proposed watershed conservation district desire that the district be created. To make this decision a referendum to approve or disapprove the creation of the watershed conservation district must be held by the county election commission in the next scheduled countywide election in the counties in which the proposed district is located. Only qualified electors residing in the watershed are eligible to vote in the referendum. Applicable rules of the election apply to the referendum. Due notice of the referendum shall must be given by the board of commissioners. Such The notice shall must describe the boundaries of the proposed watershed district as determined by the board of commissioners of the soil and water conservation district, as provided in Section 48-11-60 (2), (B) and shall must state the question to be voted upon, the date of holding the referendum, the hours of opening and closing the polls, and shall designate one or more places within the proposed watershed conservation district as polling places. The commissioners shall have complete charge of the referendum and shall have suitable ballots printed and furnished to each polling place, appoint necessary box managers and other officials considered necessary in the proper conduct of the referendum, and shall canvass the referendum and announce the results. The cost of holding the referendum shall be paid from the general fund of the county concerned, and if more than one county is involved, the cost shall be borne by each county in proportion to the area of each county included in the proposed district. Such costs shall be reimbursed to the county, or counties, upon establishment of the district and collection of the tax hereinafter provided for authority for taxes to be levied each fiscal year for the purposes of the watershed conservation district. If the majority of the qualified electors voting in the referendum approve the creation of the watershed conservation district, the district is established and must be organized pursuant to this chapter.
Section 48-11-80. The question to be voted on shall be printed upon the ballots as follows: "For creation of Watershed Conservation District" "Against creation of Watershed Conservation District"
A square shall follow each proposition. The ballot shall contain a direction to insert an "X" mark in the square following one or the other of the propositions as the voter may favor or oppose creation of the watershed conservation district. All qualified electors of the proposed watershed conservation district shall be eligible to vote in the referendum. Qualified voters may vote by absentee ballot in the referendum under such rules and regulations as may be prescribed by the commissioners. No informalities in the conduct of the referendum or in any matters relating thereto shall invalidate the referendum or the result thereof if notice shall have been given substantially as herein provided and the referendum shall have been fairly conducted.
Section 48-11-90. The votes county election commission shall be counted by the referendum officials tabulate the results of the referendum at the close of the polls and a report of the results, together with the ballots, shall be delivered and certified to the commissioners of the soil and water conservation district; and thereafter the commissioners shall determine whether the operation of the watershed conservation district within the defined boundaries is administratively practicable and feasible. If the commissioners determine that the operation of such district is not administratively practicable and feasible, they shall record such determination and deny the petition. If the commissioners determine that the operation of the district is administratively practicable and feasible, they shall record such determination and shall proceed with the organization of the district in the manner hereinafter set forth. The commissioners shall not have authority to determine that the operation of the district is administratively practicable and feasible unless at least a majority of the votes cast in the referendum upon the proposition of the creation of the district shall have been cast in favor of the creation of such district. If the commissioners shall determine that the operation of such district is administratively practicable and feasible, they shall certify such determination certify the results to the clerk clerks of court of the county or counties in which any part of the district is situated. Upon proper recordation of the referendum results by the clerk clerks of court of such determination, the watershed conservation district shall constitute constitutes a governmental subdivision of this State and a public body corporate and politic. After being recorded, such certification shall be filed with the State Soil and Water Conservation Committee. The rate at which taxes for any one fiscal year may be levied for the purposes of such district shall be subject to the limitation set forth in the petition for establishment of the district as provided for in Section 48-11-40 recording the results the clerks of court shall notify the board of commissioners in writing that the watershed conservation district has been created, and the soil and water conservation district board shall submit to the Land Resources Conservation Commission a copy of the notification.
Section 48-11-100. (1)(A) The governing body of the each watershed conservation district shall consist consists of five directors, elected selected as provided herein in this section. No person may be a director who is not a qualified elector residing in the district.
(2) Within thirty days after a watershed conservation district has been created, nominating petitions may be filed with the commissioners of the soil and water conservation district to nominate candidates for directors of the watershed conservation district. A nominating petition to be submitted to the commissioners must be signed by not less than twenty-five qualified electors of the watershed conservation district. Qualified electors may sign more than one such nominating petition to nominate more than one candidate for director. If the candidates nominated do not exceed the number of directors to be chosen, the commissioners shall declare them to be elected. No person shall be eligible to be a director of a watershed conservation district who is not a qualified elector of the watershed conservation district within which he seeks election.
(3) The commissioners shall, within a reasonable time after the expiration of the thirty day nominating period, cause an election to be held within the watershed conservation district for the election of five directors of such district. The provisions of Sections 48-11-70, 48-11-80, and 48-11-90 as to notice, qualifications of voters, absentee voting, and the manner of holding the referendum in organizing a watershed conservation district, shall apply insofar as practicable to the election of the directors. The names of all nominees on behalf of whom nominating petitions have been filed as hereinabove provided shall be printed, arranged in alphabetical order of their surnames, upon ballots with a square before each name and a direction to insert an "X" mark in the square before any five names to indicate the voter's preference. All qualified electors of the district shall be eligible to vote in the election. The five candidates who shall receive the largest number respectively of the votes cast in such election shall be the elected directors of the watershed conservation district.
(B) The first directors of the watershed conservation district after the district has been created must be elected in a nonpartisan election conducted by the county election commission when county officers are elected in the general election. To be placed on the ballot each candidate shall submit to the county election commission a nominating petition with the signatures of twenty-five qualified electors residing in the watershed conservation district, or, if less than fifty qualified electors reside in the district, a majority of the qualified electors. The official number of qualified electors residing in a watershed conservation district is the number of registered electors residing in the district and registered one hundred twenty days before the date of the election for which the nomination petition is being submitted. The candidate named in each petition must be placed on the appropriate official ballot for the election if the petition is submitted to the county election commission not later than twelve noon on August first or, if August first falls on Sunday, not later than twelve noon on the following Monday. The form of the petition must comply with the requirements in Section 7-11-80 pertaining to the conduct of general elections not conflicting with this section. This election must be conducted pursuant to Title 7, mutatis mutandis, except as otherwise provided in this section. The five elected directors shall, under the general supervision of the board of commissioners of the soil and water conservation district, be are the governing body of the watershed conservation district.
(4)(C)(1) Of the directors first elected, the two receiving the largest number of votes shall serve for terms of four years, the two receiving the next largest number of votes shall serve for terms of three years, and the one receiving the next largest number of votes shall serve serves for a term of two years.
(2) The term of office of each of their successors shall be is four years and the selection of successors shall be in the same manner as provided for original directors, except that in case of lieu of election successors may be appointed in watershed conservation districts if:
(a) One of the sponsors, other than the watershed conservation district board of directors, of each phase of each work of improvement conducted by the district, including operation and maintenance of the work of improvement, has the authority to levy an annual tax on the real property in the district for that phase of the work of improvement;
(b) The watershed conservation district has sufficient funds, other than taxes levied by the district on real property in the district, to pay the expenses of the district.
(3) Twenty-five or more qualified electors residing in a watershed conservation district may submit a petition to the board of commissioners of the soil and water conservation district for the procedure by which watershed conservation district directors are selected to be changed from election to appointment. The board of commissioners shall determine whether the prerequisites for appointment described in item (1) are met. To help make this decision the board shall give due notice of and hold a public hearing on the proposed change within sixty days after receiving the petition. After the public hearing the board of commissioners shall determine whether the prerequisites are met.
(4) If the board of commissioners determine that the prerequisites are met, a referendum to approve or disapprove the change in the procedure for selecting watershed conservation district directors must be held by the county election commission in the next scheduled countywide election in the counties where the watershed conservation district is located. Applicable rules of the scheduled election apply to the referendum. Due notice of the referendum must be given by the county election commission. Notice must state that, if the procedure for selecting watershed conservation district directors is changed from election to appointment, the change is effective as current terms expire and that the authority of the watershed conservation district to levy an annual tax on real property in the district ceases when the first of the current terms expires and has been filled by appointment and continues as long as directors are appointed instead of elected. Only qualified electors residing in the watershed conservation district may vote in the referendum.
(5) The county election commission shall tabulate the results of the referendum, submit the results in writing to the board of commissioners of the soil and water conservation district, and certify the results to the clerks of court of the counties in which the watershed conservation district is located. If a majority of the votes cast in the referendum favor changing the procedure for selecting watershed conservation district directors from election to appointment, the board of commissioners shall submit written notification to the county election commission, county auditors, sponsors of works of improvement of the watershed conservation district, watershed district directors, and the Land Resources Conservation Commission that the selection procedure is changed when current terms expire and that the authority of the watershed conservation district board to levy an annual tax on real property in the district ceases, when the first of the current terms expires and has been filled by appointment and continues as long as directors are appointed instead of elected.
(6) The governing body of each county in which the watershed conservation district is located shall appoint one director each, and the board of commissioners of the soil and water conservation district shall appoint the remaining directors. To be considered for appointment by the board of commissioners of the soil and water conservation district or the county governing body, an individual shall submit to the board or body from which appointment is sought a nominating petition with the signatures of twenty-five qualified electors residing in the watershed conservation district, or, if less than fifty qualified electors reside in the district, a majority of the qualified electors. The official number of qualified electors residing in a watershed conservation district is the number of registered electors residing in the district and registered one hundred twenty days before the date by which nominating petitions must be submitted. The board of commissioners and the county governing body shall give due notice that they will receive petitions to nominate candidates to be appointed as watershed conservation district directors. Due notice must be given at least sixty days before the date by which petitions must be submitted.
(7) The board of commissioners of the soil and water conservation district shall:
(a) maintain records on the election and appointment of directors;
(b) coordinate appointments by the county governing bodies including written notification to the county governing bodies at least ninety days before the expiration of each term to be filled through appointment by the county governing body;
(c) submit in writing to the Land Resources Conservation Commission the name of each elected or appointed director within thirty days of election or appointment.
(8) When each phase of a work of improvement of a watershed conservation district for which directors are appointed does not have a sponsor with authority to levy an annual tax on real property in the district for that phase of the work of improvement, or when the watershed conservation district does not have sufficient funds to pay the expenses of the district, the procedure for selecting watershed conservation district directors must be changed from appointment to election, and the board of commissioners shall notify in writing the county election commission, county auditor, sponsors of works of improvement of the watershed conservation district, watershed conservation district directors, and the Land Resources Conservation Commission that the selection procedure is changed when current terms expire and that when current terms expire and have been filled by election, the watershed conservation district board may levy an annual tax on real property in the district as long as directors are elected instead of appointed.
For a vacancy occurring before the expiration of any the term of an elected director, a successor to serve for the unexpired portion of the term shall must be appointed by the remaining members of the board of directors, with the approval of the board of commissioners.
(D) Any For a vacancy occurring before the expiration of the term of an appointed director, a successor to serve for the unexpired portion of the term must be appointed by the body that made the original appointment. A director may be removed from office by the board of commissioners upon notice and hearing for neglect of duty or malfeasance in office, but for no other reason.
(5)(E) For each calendar year The the directors shall annually shall elect from among their number a chairman, secretary, and treasurer and so notify the soil and water conservation district and the Land Resources Conservation Commission by March thirty-first each year. The board of directors may, with the approval of the board of commissioners of the soil and water conservation district, may employ such officers, agents, and other employees as they may require, it requires and shall determine their qualifications, duties, and compensation. The board of directors shall provide for the execution of surety bonds for such the officers, agents and, or employees as shall be entrusted with funds or property of the watershed conservation district, and shall provide tort liability insurance for each director of the watershed conservation district board, for the keeping of a full and accurate record of the proceedings, resolutions, and other actions of the board, and for the making and publication of an annual audit of the accounts of receipts and disbursements of the watershed conservation district. The watershed conservation district board shall submit a copy of the audit to the county treasurer and to the board of commissioners of the soil and water conservation district. The watershed conservation district board shall submit written notification to the Land Resources Commission within one hundred twenty days following the end of the district's fiscal year that the audit has been made, the date of the audit, and the name of the firm that or individual who made the audit.
(6)(F) The directors shall may receive no compensation for their services, but they may be reimbursed from the budget of the watershed conservation district or from another local source for expenses, including traveling expenses, necessarily incurred in the discharge of their powers and duties as approved by the board of commissioners.
Section 48-11-110. A watershed conservation district organized under the provisions of this chapter shall constitute constitutes a governmental subdivision of this State, and a public body corporate and politic, exercising public powers, and such. The district and the its board of directors thereof shall, to develop and execute plans and programs for the control or prevention of soil erosion or flooding, to conserve, protect, improve, develop, or utilize soil and water resources, to provide stormwater management, or to dispose of water, subject to the general supervision of the board of commissioners of the soil and water conservation district, have the following powers, and duties in addition to others granted by this chapter:
(1) To acquire, by purchase, exchange, lease, gift, grant, bequest, devise, or through condemnation actions lands, easements, or rights-of-way needed to carry out any an authorized purpose of the watershed conservation district;, and to sell, lease, or otherwise dispose of any of its property or interests in the property for the purposes and provisions of this chapter. The condemnation of an existing public use must be denied unless it may be shown that the specific property to be condemned is absolutely essential to the watershed conservation district, and the use to be condemned materially does not materially impair the existing public use;
(2) To construct, reconstruct, repair, enlarge, and improve, operate, and maintain such the works of improvement as may be necessary or convenient for the performance of any of the operations authorized by this chapter and shall provide operation and maintenance for works of improvement;
(3) To borrow money and to execute promissory notes and other evidences of debt in connection therewith with them for payment of the costs and expenses of organizing the watershed conservation district or for carrying out any an authorized purpose of such the district, and if promissory notes are issued, to execute such the mortgages on any real property owned by the district, or assign or pledge such the revenues, including anticipated tax revenues, of the district as may be required by the lender as security for the repayment of the loan;, and to issue, negotiate, and sell its bonds, notes, and other evidences of debt as provided in Section 48-11-120;
(4) To sue and be sued in the name of the district; to, have a seal which seal shall be judicially noticed; to seal, have perpetual succession unless terminated as hereinafter provided; in this chapter, and to make and execute contracts and other instruments, necessary or convenient to the exercise of its powers;
(5) To levy an annual tax as hereinafter provided in this chapter on the real property within the district for payment of the costs and expenses of organizing the watershed conservation district or for carrying out any an authorized purpose, power, or duty of the district.;
(6) receive services and receive and disburse funds from federal, state, local, or other governmental or private sources;
(7) employ appropriate consultants, advisors, and employees and fix and pay them compensation from funds available to the district.
Section 48-11-120. (1)(A) Bonds, notes, and other evidences of debt authorized by Section 48-11-110(3) shall must not be issued until proposed by order or resolution of the directors of the watershed conservation district, specifying the purpose for which the funds are to be used and the proposed undertaking, the amount of bonds to be issued, and the maximum rate of interest they are to bear. A copy of the order or resolution shall must be certified to the board of commissioners of the soil and water conservation district.
(2)(B) The board of commissioners shall hold a hearing on any such a proposal for bonds or other long term indebtedness that is required by law to be voted upon at an election after having given due notice of such the hearing. If it appears that the proposal is within the scope and purpose of this chapter and meets all other requirements of the law, the proposal shall must be submitted to the qualified electors of residing in the watershed conservation district by a referendum held by the commissioners in the next scheduled countywide election in the counties.
(3)(C) The provisions of Sections 48-11-70, 48-11-80, and 48-11-90 as to notice, qualifications of voters, absentee voting, and manner of holding the referendum in organizing a watershed conservation district shall Applicable rules of the election apply insofar as practicable to the referendum held under this section. Due notice of the referendum must be given by the county election commission.
(4)(D) If two thirds of the votes cast in such the referendum favor the proposal, the directors shall be authorized to may issue such the bonds.
(5)(E) The type of indebtedness incurred or bonds issued shall be is that adopted by the board of directors of the watershed conservation district.
(6)(F) The board of directors shall, if necessary for the payment of interest or any indebtedness incurred or bonds issued by the district, or to amortize any such indebtedness or bonds, shall levy an annual tax on real property within the watershed conservation district. For the purposes of such the tax levy the assessed valuation of the real property shall be is the same assessed valuation that is used for the general county levy; and such. The tax shall must be levied and collected in the same manner as provided herein for the levy and collection of other taxes authorized by this chapter.
Section 48-11-130. (A) At least once every five years the board of directors of each watershed conservation district shall establish an operating budget for the purposes of the district. The budget must be established only after the board provides due notice of and conducts a public hearing at which all residents of the watershed conservation district and owners of land lying in the district have an opportunity to be heard concerning the proposed budget. After the hearing the operating budget must be set by the board of directors after it is approved by the board of commissioners of the soil and water conservation district. The annual itemized budget prepared by the watershed conservation district board according to subsection (B) may not exceed the most recently established operating budget.
(B) Within the first quarter of each calendar year the board of directors of the watershed conservation district shall prepare an itemized budget of the funds needed during the upcoming fiscal year for costs and expenses of organizing the district, for administration of the district, and for carrying out any an authorized purpose, power, or duty of the district, including construction, operation, and maintenance of works of improvement. After approval of The budget must be approved by the board of commissioners of the soil and water conservation district, the county auditor shall levy a tax sufficient to meet the budget on all real property within the watershed conservation district at a tax rate as determined annually by the directors, subject to the limitation set forth in the petition for the establishment of the district in accordance with the provisions of Section 48-11-40. A copy of such budget shall be certified to the county auditor of the county or counties involved. A surplus or deficit in a fiscal year must be carried forward and applied to the next fiscal year's account and calculated into the budget for that year.
Section 48-11-140. (1)(A) The board of directors of a watershed conservation district for which directors are elected, at its discretion, may levy a tax each fiscal year on real property in the watershed conservation district to meet all or part of the budget prepared according to Section 48-11-130(B) for the purposes of the district. After approval of the budget by the board of commissioners of the soil and water conservation district, if the board of directors desires to levy a tax, the board of commissioners shall submit a copy of the budget in writing to the county auditors of the corresponding counties, and the county auditors shall levy a tax on all real property in the watershed conservation district at the millage rate sufficient to meet the budget, or a portion of it, as specified by the board of directors. The board of directors of the watershed conservation district with the assistance of shall provide the boundaries of the district to the county auditor shall prepare a list of the landowners in each county involved showing the number of acres subject to assessment.
(2)(B) When the property tax rolls are delivered to the county treasurer by the county auditor, as required by law, the county treasurer shall compute the tax due the watershed conservation district from each landowner in accordance with the millage rate fixed set by the directors county auditor pursuant to subsection (A) and the assessed valuation of the real property shown on the tax roll. The computation shall must be made on the regular tax bills.
Section 48-11-150. (1) The county treasurer shall collect the taxes due the watershed conservation district at the same time and in the same manner as other taxes of the county are collected. (2) Such The taxes shall be are subject to the same provisions of law for due and delinquency dates, discounts, penalties, and interest and tax liens as are applicable to county taxes.
Section 48-11-160. Tax funds collected shall must be transferred to and held by the treasurer of the watershed conservation district for the specific purpose for which they have been collected purposes of the district. All Expenditures of such the funds shall must be made by the board of directors of the watershed conservation district.
Section 48-11-170. (1)(A) Any One or more owners of land may petition the board of commissioners of the soil and water conservation district to have their lands added to a watershed conservation district. Such The petition shall set forth must include a map of the boundaries of the land desired to be annexed, the number of acres of land involved, and other information pertinent to such the proposal. When the boundary described embraces lands of others than the petitioners, the petition shall so must state that fact and shall must be signed by a majority of the landowners within the territory described in the petition. If the land area does not meet the requirement of Section 48-11-30, the board of commissioners of the soil and water conservation district shall deny the petition.
(2)(B) If the land described in the petition meets the requirement of Section 48-11-30, within thirty sixty days after such the petition is filed, the commissioners shall cause due notice to be given of and hold a hearing on such the petition. All Interested parties shall have a right to may attend such the hearing and to be heard. After such the hearing the commissioners shall determine whether the lands described in the petition or any portion thereof shall of them must be included in the watershed conservation district. If the commissioners determine that such the land should must be added, they shall certify this fact to the county auditor auditors of the county or counties involved for recording. After being recorded, the certification shall be filed with the State Soil and Water Conservation Committee.
Section 48-11-180. The owner of lands which have not and cannot be benefitted by their inclusion in the watershed conservation district may petition the commissioners of the soil and water conservation district to have such the lands detached. The petition shall must describe the lands and state the reasons why they should be detached. A hearing shall must be held by the commissioners within thirty days after the petition is filed. Due notice of such the hearing shall must be given by the commissioners. If it is determined by the commissioners that such the lands shall must be detached, such the determination shall must be certified to the county auditor auditors of the county or counties involved for recording. After being recorded, the certification shall be filed with the State Soil and Water Conservation Committee.
Section 48-11-185. (A) The boards of directors of two or more watershed conservation districts may petition the board of commissioners of the soil and water conservation district for the watershed conservation districts to be consolidated into a single district but only if the new single watershed conservation district meets the provisions of Section 48-11-30. The petition must be signed by a majority of the board of directors of each of the affected watershed conservation districts. The board of commissioners shall deny the petition if the proposed watershed conservation district does not meet the provisions of Section 48-11-30.
(B) Within sixty days after receiving a petition that meets these requirements, the board of commissioners of the soil and water conservation district shall give due notice of and hold a public hearing on the proposed consolidation. After the hearing the board of commissioners shall determine whether the operation of the newly proposed single watershed conservation district is administratively practicable and feasible.
(C) If the board of commissioners determines that the operation of the new single watershed conservation district is administratively practicable and feasible, a referendum to approve or disapprove the consolidation of the watershed conservation districts must be held by the county election commission in the next scheduled countywide election in the counties in which the watershed is located. Applicable rules of the scheduled election apply to the referendum. Due notice of the referendum must be given by the county election commission. The notice must name the proposed watershed conservation district and describe its boundaries and state the authority for taxes to be levied each year for the purposes of the watershed conservation district. Only qualified electors residing in the proposed watershed conservation district may vote in the referendum.
(D) The county election commission shall tabulate the results of the referendum at the close of the polls, submit a written report of the results to the board of commissioners of the soil and water conservation district, and certify the results of the referendum to the clerks of court of the counties in which the district is situated. If a majority of the votes cast in the referendum are in favor of consolidation of the watershed conservation districts into the single district, upon proper recordation of the referendum results by the clerks of court of the counties, the watershed conservation district constitutes a governmental subdivision of this State and a public body corporate and politic and must be organized and shall function fully in accordance with this chapter. After recording the results the clerks of court shall notify the board of commissioners of the soil and water conservation district in writing that the watershed conservation district has been established. The board of commissioners shall submit to the Land Resources Conservation Commission a copy of the notification from the clerks of court.
Section 48-11-190. (1) (A) At Any time after five years after the organization of a watershed conservation district, twenty-five or more landowners within such qualified electors residing in the district, or if less than fifty landowners qualified electors are involved, a majority of such landowners them, may file a petition with the board of commissioners of the soil and water conservation district asking that the existence of the watershed conservation district be discontinued. The petition shall must state the reasons for discontinuance, and that all obligations of the watershed conservation district have been met. After giving due notice, the commissioners shall conduct a hearing on the petition for the purpose of determining to determine whether the reasons given for discontinuance are valid and that all obligations have been met. If it is determined that all obligations have not been met, the petition for discontinuance shall must be denied. If the watershed conservation district has begun or completed implementation of a work of improvement that requires or will require operation or maintenance, the board of commissioners shall determine that all obligations have not been met and deny the petition.
(2)(B) If it is determined that the reasons given for discontinuance are valid and that all obligations have been met, the board of commissioners shall, within sixty days notify the county election commission who, and after giving due notice, shall hold a referendum substantially as provided for in connection with the establishment of a watershed conservation district on the discontinuance of the watershed conservation district in the next countywide election in the county. Due notice of the referendum must contain a description of the watershed conservation district proposed to be discontinued. The question shall be submitted by ballots upon which the words "For terminating the existence of the Watershed Conservation District" and "Against terminating the existence of the Watershed Conservation District" shall be printed, with a square before each proposition and a direction to insert an "X" mark in the square before one or the other of said propositions as the voter may favor or oppose the discontinuance of such watershed conservation district. All Only qualified electors of the watershed conservation district shall be eligible to may vote in the election. No informality in the conduct of the referendum or in any matters relating thereto shall invalidate the election or the results thereof if notice thereof shall have been given substantially as herein provided and the referendum shall have been fairly conducted.
(3) The commissioners shall publish the results of such referendum and shall thereafter determine whether the continued operation of the watershed conservation district is administratively practicable and feasible. If the commissioners determine that the continued operation of the watershed conservation district is administratively practicable and feasible, they shall record such determination and deny the petition. If the commissioners determine that the continued operation of the watershed conservation district is not administratively practicable and feasible, they shall record such determination and shall certify such determination to the directors of the watershed conservation district; provided, however, that the commissioners shall not be authorized to determine that the continued operation of the watershed conservation district is administratively practicable and feasible unless at least a majority of the votes cast in the referendum shall have been cast in favor of the continuance of the watershed conservation district.
(4) Upon receipt from the commissioners of a certification that they have determined that the continued operation of the watershed conservation district is not administratively practicable and feasible, The county election commission shall tabulate the results of the referendum at the close of the polls, deliver a written report of the results to the board of commissioners of the soil and water conservation district, and certify the results to the clerks of court and auditors of the counties involved.
(C) After recording the results of the referendum, the clerks of court shall notify the board of commissioners of the soil and water conservation district and the board of directors of the watershed conservation district in writing that the watershed conservation district has been discontinued, and the directors immediately shall forthwith terminate the affairs of the watershed conservation district. A copy of the determination shall be certified to the auditor of the county or counties involved for recording. After being recorded, the certification shall be filed with the State Soil and Water Conservation Committee. The board of commissioners shall submit to the Land Resources Conservation Commission a copy of the notification from the clerks of court.
Section 48-11-200. If any a soil and water conservation district in which any part of a watershed conservation district is situated is discontinued, all supervisory authority over the affairs of the watershed conservation district which was previously was exercised by the board of commissioners of such the soil and water conservation district shall thereafter must be exercised by the governing body bodies of the county or counties involved.
Section 48-11-210. (A) All acts or parts of acts inconsistent herewith are repealed, except that those watershed conservation districts authorized by law prior to April 14, 1967 and in existence shall not be affected and shall be deemed properly constituted, and the laws governing the constitution and operation of such districts shall continue in full force and effect until dissolved by resolution of the board of directors of such district, following a public hearing on the question of dissolution and with the approval of the board of commissioners of the soil and water conservation district in which the watershed is located. Any watershed conservation district in existence on April 14, 1967 and desiring to be organized under the provisions of this chapter may do so by resolution setting forth these facts and adopted at a public meeting of the board of directors and the same board of directors shall continue to serve as the new board of directors for the unexpired term to which elected and their successors shall be elected pursuant to the terms of this chapter. The organization and function of each of the following watershed conservation districts which have implemented works of improvement must be revised to comply with this chapter. The following are all of the watershed conservation districts in existence on the effective date of this chapter, as amended. Each watershed conservation district retains the authority to levy the millage rate for the district, established previously by the General Assembly or through the local creation or administration of the watershed conservation district, at which taxes may be levied each fiscal year on the real property in the district, until the millage rate is changed as provided in this chapter or increased by action of county council. This chapter applies to those districts notwithstanding contrary provisions in acts which may have created the districts. The districts and related acts, where created by separate acts, include:
(1) Back Swamp, Lee County, Act 602 of 1961;
(2) Beaverdam Creek, Edgefield County, Act 1407 of 1974;
(3) Beaverdam Creek, Oconee County, Act 1178 of 1962;
(4) Beaverdam-Warriors Creek, Laurens County, Act 599 of 1961;
(5) Big Creek, Anderson County;
(6) Broadmouth Creek, Anderson County;
(7) Brown's Creek, Union County;
(8) Brushy Creek, Anderson and Pickens Counties;
(9) Buck Creek, Horry County, Act 579 of 1961;
(10) Carters Branch-Muddy Creek, Marlboro County, Act 1355 of 1966;
(11) Crabtree Swamp, Horry County, Act 579 of 1961;
(12) Duncan Creek, Laurens County, Act 599 of 1961;
(13) Fishing Creek, York County, Act 1219 of 1958;
(14) Gapway Swamp, Horry County, Act 579 of 1961;
(15) George's Creek, Pickens County, Act 633 of 1963;
(16) Hill's Creek, Chesterfield County, Act 513 of 1961;
(17) Hollow Creek, Lexington and Saluda Counties, Act 1335 of 1966;
(18) Horse Range Swamp, Orangeburg County, Act 816 of 1967;
(19) Jackson Creek, Fairfield County;
(20) Little Lynches Creek, Kershaw and Lancaster Counties, Act 1316 of 1966 and Act 583 of 1963;
(21) Little Walnut-Tom and Kate, Dorchester County, Act 584 of 1965;
(22) Lynches Lake-Camp Branch, Florence County, Act 1007 of 1960;
(23) Maple Swamp, Dillon County;
(24) Mill Creek, Fairfield County;
(25) Oolenoy River, Pickens County, Act 631 of 1961;
(26) Rabon Creek, Laurens and Greenville Counties;
(27) St. George-Gum Branch, Dorchester County;
(28) Salem Community, Florence County;
(29) Simpson Creek, Horry County, Act 579 of 1961;
(30) Rocky Creek, Chester and Fairfield Counties;
(31) South Tyger River, Greenville County, Act 544 of 1963;
(32) Thicketty Creek, Cherokee and Spartanburg Counties;
(33) Three and Twenty Creek, Anderson and Pickens Counties;
(34) Tinkers Creek, Chester and York Counties;
(35) Todd Swamp, Horry County, Act 579 of 1961;
(36) Wateree Creek, Fairfield County, Act 1077 of 1958;
(37) Wilson Creek, Anderson and Abbeville Counties;
(38) Willow Swamp, Colleton and Bamberg Counties, Act 1032 of 1962;
(B) The existing Bear Creek Watershed Conservation District, Camp Creek Watershed Conservation District, Cane Creek Watershed Conservation District, Gills Creek Watershed Conservation District, and Hannah's Creek Watershed Conservation District in Lancaster County, created pursuant to Act 583 of 1963, are combined into a single watershed conservation district named Cane Creek Watershed Conservation District which encompasses the combined area of the five existing watershed conservation districts. The organization and function of the new Cane Creek Watershed Conservation District must be revised to comply with this chapter. The district retains the authority to levy the millage rate authorized in Act 583 of 1963 until the millage rate is changed as provided in this chapter or increased by action of county council. This chapter applies to this district notwithstanding contrary provisions in Act 583 of 1963.
(C) The board of commissioners of each of the soil and water conservation districts in which a part or all of each of the watershed conservation districts in subsections (A) and (B) is located shall initiate action with the board of directors of the watershed conservation district and the county government to carry out this revision in the organization and function of the watershed conservation district. The Land Resources Conservation Commission shall assist each of the boards of commissioners of the affected soil and water conservation districts with this responsibility. The commission shall initiate this assistance by providing written directions and guidance to each of the affected soil and water conservation districts within ninety days of the effective date of this chapter as amended. The commission may adopt policy and has broad authority to carry out this section."
SECTION 2. (A) Act 1316 of 1964, Act 655 of 1965, Acts 1179, 1196, 1212, and 1254 of 1966, and other acts or parts of acts inconsistent with Chapter 11, Title 48 of the 1976 Code are repealed.
(B) The following watershed conservation districts were authorized by act of the General Assembly, but the districts never created at the local level. The provisions for the districts are deleted, and, where authorized by separate act, the act is repealed:
(1) Coward, Florence County, Act 1097 of 1962;
(2) Crow Creek, Pickens County, Act 1195 of 1962;
(3) Ebenezer, Florence County, Act 1085 of 1958;
(4) Lynchburg-Shiloh, Sumter and Lee Counties, Act 1134 of 1960;
(5) Polk Swamp, Florence County, Act 1084 of 1958.
(C) The following watershed conservation districts which have never implemented works of improvement are dissolved. The South Carolina Land Resources Conservation Commission shall so notify the board of commissioners of each of the soil and water conservation districts in which the watershed conservation districts are located. Where created by separate act, the act is repealed:
(1) Brown-Grier, Horry County;
(2) Catfish Creek-Smith Swamp, Marion, Dillon, and Marlboro Counties, Act 1081 of 1962;
(3) Clark's Fork-Bullocks Creek, York County, Act 725 of 1965;
(4) Deep Creek, Chesterfield County;
(5) Deer Creek, Colleton County;
(6) Eighteen Mile Creek, Pickens and Anderson Counties, Act 691 of 1965 and Act 471 of 1961;
(7) Fairforest Creek, Union and Spartanburg Counties;
(8) Kentyre-Hamer, Dillon County, Act 1081 of 1962;
(9) Long Cane-Turkey Creek, Abbeville, Anderson, and Greenwood Counties, Act 493 of 1965,
Act 471 of 1961, and Act 567 of 1961;
(10) Kings Creek, Cherokee County;
(11) Little River, Abbeville, Anderson, and McCormick Counties, Act 493 of 1965, Act 471 of 1961, and Act 671 of 1965;
(12) Mitchell Swamp-Pleasant Meadow Branch, Horry County;
(13) Reedy Creek, Dillon and Marlboro Counties, Act 1081 of 1962;
(14) Rocky River, Anderson County, Act 471 of 1961;
(15) Rumphs Hill, Dorchester County;
(16) Sanders Branch-Crooked Creek, Hampton County, Act 640 of 1965;
(17) Stony Fork, York County, Act 725 of 1965;
(18) Sugar Creek, York and Lancaster Counties, Act 725 of 1965;
(19) Turkey Quarter Creek, Lancaster County;
(20) Will Camp Memorial, Cherokee County;
(21) Wilson Creek, Greenwood County, Act 567 of 1961.
SECTION 3. The directors of the watershed conservation districts serving pursuant to Section 48-11-100 of the 1976 Code or other act of the General Assembly on the effective date of this act continue to serve until their terms expire when directors must be selected pursuant to Section 48-11-100 as amended in this act.
SECTION 4. This act takes effect upon approval by the Governor.