Current Status Introducing Body:Senate Bill Number:407 Primary Sponsor:Wilson Committee Number:15 Type of Legislation:GB Subject:Highway Department, cutting of trees, provisions Residing Body:Senate Current Committee:Transportation Computer Document Number:NO5/8700.BD Introduced Date:19930210 Last History Body:Senate Last History Date:19930210 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Wilson Cork Gregory Russell Ryberg Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
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407 Senate 19930210 Introduced, read first time, 15
referred to Committee
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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-3-615 SO AS TO PROHIBIT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION FROM CUTTING A TREE TWENTY-FOUR INCHES OR MORE IN DIAMETER AT BREAST HEIGHT OR DAMAGING ITS ROOT SYSTEM UNLESS IT PRESENTS A SIGNIFICANT RISK TO MOTORISTS AND THERE IS NO ALTERNATIVE AND TO PROVIDE FOR A HEARING AND AN APPEAL BEFORE ACTION IS TAKEN.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 57-3-615. (A) Pursuant to the authority of the South Carolina Department of Highways and Public Transportation to construct and maintain public highways and bridges, a tree twenty-four inches or more in diameter at breast height must not be cut nor may action be taken which may damage the tree's root system unless it presents a significant risk to motorists and no alternative reasonably reduces the risk.
(B) If the department determines that a tree presents a significant risk to motorists, and no alternative reasonably reduces the risk, the department shall hold a public hearing in accordance with the State Administrative Procedures Act in a location convenient to a person residing in the area in which the tree is located. The department shall give notice of the hearing by mail to the owners of property adjacent to the property upon which the tree is located and in a newspaper of general circulation in the area at least thirty days before the hearing. The department shall consider all information presented at the hearing, particularly alternatives to removal of the tree or modification of the root system, in making its final determination. The department's decision may be appealed pursuant to the Administrative Procedures Act."
SECTION 2. This act takes effect upon approval by the Governor.