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Bill 645

                    Current Status

Bill Number:                      645
Type of Legislation:              General Bill GB
Introducing Body:                 Senate
Introduced Date:                  19990324
Primary Sponsor:                  Peeler
All Sponsors:                     Peeler and Hutto
Drafted Document Number:          l:\council\bills\psd\7319ac99.doc
Residing Body:                    Senate
Current Committee:                Agriculture and Natural Resources 
                                  Committee 01 SANR
Subject:                          Agricultural conservation easement, 
                                  farmer permitted operation; Agriculture, 
                                  Property


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
Senate  19990324  Introduced, read first time,           01 SANR
                  referred to Committee


                             Versions of This Bill

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-53-200, SO AS TO PROVIDE THAT A FARMER WHO HAS ENTERED INTO AN AGRICULTURAL CONSERVATION EASEMENT, IN A COUNTY WHERE A PRIORITY AGRICULTURAL LAND AREA HAS BEEN DESIGNATED, AND WHO SEEKS TO EXPAND A PERMITTED OPERATION IS REQUIRED TO SATISFY SITING AND MANAGEMENT REGULATIONS BUT IS NOT REQUIRED TO RECEIVE APPROVAL OR TO UNDERGO PUBLIC HEARINGS OR A PUBLIC NOTICE PERIOD.

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

SECTION 1. The 1976 code is amended by adding:

"Section 46-53-200. (A) In a county where there is a priority agricultural land area, a farmer who has entered into an agricultural conservation easement and thereafter seeks to expand a permitted operation on the permitted property must satisfy the Department of Health and Environmental Control siting and management regulations for the expansion of the permitted operation. However, the permittee is not required to obtain written approval from adjoining landowners or to undergo public hearings or a public notification period.

(B) For purposes of this section:

(1) 'Agricultural conservation easement' means an interest in land, less than fee simple, which interest represents the right to restrict or prevent the development or improvement of the land for any purpose other than agricultural production. The easement may be granted by the owner of the fee simple to any third party or to the State, to a county council, or to a unit of local government. It must be granted in perpetuity, except as provided for in law, as the equivalent of covenants running with the land. The exercise or failure to exercise any right granted by the easement shall not be deemed to be management or control of activities at the site for purposes of enforcement of the Federal Comprehensive Environmental Response Compensation Liability Act of 1980.

(2) 'Priority agricultural land area' means a unit of land used for agricultural production under the ownership of one or more persons and designated as such by the procedures set forth in law."

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

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