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691Ratification Number: 346Act Number: 316Type of Legislation: General Bill GBIntroducing Body: SenateIntroduced Date: 19990407Primary Sponsor: LandAll Sponsors: Land, Drummond, Elliott, Hutto, Leatherman, Peeler, Holland, Gregory, Bryan, McGill, McConnell, Branton, GroomsDrafted Document Number: l:\s-res\jcl\004fore.whb.docDate Bill Passed both Bodies: 20000524Date of Last Amendment: 20000406Governor's Action: SDate of Governor's Action: 20000530Subject: Forest Management Protection Act, Forestry, Acts cited by popular name, Natural Resources DepartmentHistory Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ ------ 20000616 Act No. A316 ------ 20000530 Signed by Governor ------ 20000525 Ratified R346 House 20000524 Read third time, enrolled for ratification House 20000523 Read second time House 20000517 Committee report: Favorable 20 HANR House 20000411 Introduced, read first time, 20 HANR referred to Committee Senate 20000406 Amended, read third time, sent to House Senate 20000314 Made Special Order Senate 20000314 Read second time, notice of general amendments, carrying over all amendments to third reading Senate 19990513 Committee report: Favorable with 07 SFGF amendment Senate 19990428 Co-Sponsor added by Senator Grooms Senate 19990408 Co-Sponsor added by Senator McConnell Branton Senate 19990407 Introduced, read first time, 07 SFGF referred to Committee Versions of This Bill Revised on May 13, 1999 - Word format Revised on April 6, 2000 - Word format Revised on May 17, 2000 - Word format
(A316, R346, S691)
AN ACT TO AMEND TITLE 50 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORESTRY, BY ADDING CHAPTER 2 SO AS TO ENACT THE "SOUTH CAROLINA FOREST MANAGEMENT PROTECTION ACT", TO PROVIDE LEGISLATIVE FINDINGS, DEFINITIONS, AND GUIDELINES FOR FOREST MANAGEMENT, TO DEFINE FORESTRY OPERATION AND FORESTRY MANAGEMENT ACTIVITIES AND PROVIDE THAT NO ESTABLISHED FORESTRY OPERATION IS OR MAY BECOME A NUISANCE, PRIVATE OR PUBLIC, IF THE FORESTRY OPERATION ADHERES TO BEST MANAGEMENT PRACTICES AS PROMULGATED BY THE SOUTH CAROLINA FORESTRY COMMISSION, TO PROVIDE AN ORDINANCE OF A COUNTY OR MUNICIPALITY THAT MAKES A FORESTRY OPERATION FOLLOWING BEST MANAGEMENT PRACTICES AS PROMULGATED BY THE SOUTH CAROLINA FORESTRY COMMISSION A NUISANCE OR PROVIDING FOR ABATEMENT AS A NUISANCE IN DEROGATION OF THIS CHAPTER IS NULL AND VOID, AND TO PROVIDE THAT THE PROVISIONS OF THE ACT DO NOT APPLY WHEN A NUISANCE RESULTS FROM THE NEGLIGENT, ILLEGAL, OR IMPROPER OPERATION OF A FORESTRY OPERATION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The General Assembly finds that:
(1) From both human welfare and environmental protection perspectives, forestry is a desirable land use.
(2) Forestry makes vital contributions to the state's economy, provides wildlife habitat, open space, and recreation, enhances clean air and clean water and generally contributes to the welfare of the state's citizens.
(3) Investments in forestry are long-term, often requiring decades before financial returns are realized. This attribute of forestry investments necessitates a high degree of assurance that forest owners or operators will be able to continue their forest management activities.
(4) Most forest landowners need to harvest wood products and other forest products from their forestry operations to realize adequate financial returns, which allow them to maintain their land in forestry.
(5) When nonagricultural land uses extend into forest areas, forest management activities are often restricted by legal actions. As a result, forest management activities are sometimes either curtailed or forced to cease. Investments in forest improvements may be discouraged or forests may be converted to other uses.
Forest Management Protection Act
SECTION 2. Title 50 of the 1976 Code is amended by adding:
Section 50-2-10. This act may be cited as the 'South Carolina Forest Management Protection Act'.
Section 50-2-20. The purpose of this act is to encourage and protect landowners' ability to maintain their land for forest use and to conduct forest management activities.
Section 50-2-30. (A) A forestry operation is an area where forest management activities are conducted for the production of timber resources for wood products or providing wildlife habitat, outdoor recreation, or other environmental values. A forestry operation inherently includes lengthy periods between forest management activities and shall be deemed continuously operating so long as the operation supports an actual or developing forest.
(B) Forest management activities include, but are not limited to, timber harvest, site preparation, controlled burning, tree planting, applications of fertilizers, herbicides, and pesticides, weed control, animal damage control, fire control, insect and disease control, forest road construction, and any other generally accepted forestry practices.
Section 50-2-40. This act shall apply only to forest management activities on forestry operations that are eligible for timberland use value assessment for property tax purposes.
Section 50-2-50. (A) No established forestry operation is or may become a nuisance, private or public, if the forestry operation adheres to best management practices as promulgated by the South Carolina Forestry Commission. This section does not apply whenever a nuisance results from the negligent, improper, or illegal operation of a forestry operation.
(B) For the purposes of this chapter, the established date of operation is the date on which the forestry operation commenced operation. If the operation is expanded subsequently or new technology adopted, the established date of operation for each change is not a separately and independently established date of operation and the commencement of the expanded operation does not divest the forestry operation of a previously established date of operation.
(C) An ordinance of a county or municipality that makes a forestry operation following best management practices as promulgated by the South Carolina Forestry Commission a nuisance or providing for abatement as a nuisance in derogation of this chapter is null and void. The provisions of this section do not apply whenever a nuisance results from the negligent, illegal, or improper operation of a forestry operation."
SECTION 3. This act takes effect upon approval by the Governor.
Ratified the 25th day of May, 2000.
Approved the 30th day of May, 2000.
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