Amended

April 14, 2026

 

H. 5111

 

Introduced by Reps. Forrest, Lastinger, Hartz, Gibson, McCravy, Reese and Duncan

 

S. Printed 4/14/26--H.

Read the first time February 5, 2026

 

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A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 5-31-60 SO AS TO AUTHORIZE PROPERTY OWNERS TO DRILL, OPERATE, AND MAINTAIN PRIVATE WATER WELLS ON AGRICULTURAL OR RESIDENTIAL PROPERTY; TO PROHIBIT COUNTIES AND MUNICIPALITIES FROM MANDATING CONNECTION TO MUNICIPAL WATER SYSTEMS ABSENT A DOCUMENTED PUBLIC HEALTH THREAT; TO ESTABLISH PRIMA FACIE EVIDENCE OF COMPLIANCE; TO PREEMPT CONFLICTING LOCAL ORDINANCES; AND TO PROVIDE FOR ENFORCEMENT AND PENALTIES.

    Amend Title To Conform

 

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

 

SECTION 1.  Article 1, Chapter 1, Title 6 of the S.C. Code is amended by adding:

 

    Section 6-1-200. (A) For purposes of this section:

       (1) "Political subdivision" includes, but is not limited to, a municipality, county, special purpose district, or public service district.

       (2) "Impaired water quality" means a written determination by the Department of Environmental Services or the Department of Public Health that a public water system serving the jurisdiction is not in compliance with applicable state or federal drinking water standards.

    (B) Notwithstanding another provision of law, a political subdivision may not adopt, enforce, or maintain an ordinance, resolution, regulation, or rule that prohibits or unreasonably restricts the drilling, servicing, repair, installation, operation, or maintenance of a private water well located on and serving either agricultural or single-family residential property consisting of one-half acre or more.

       (1) Any property owner utilizing a well while connected to a water system must install necessary backflow prevention devices inspected and approved by the water provider or their third-party designee and the inspection costs must be paid by the property owner.

       (2) Political subdivisions operating a water system must create a registry for all property owners utilizing a well where water service is available. Property owners must register the well with the political subdivision.

       (3) Where water service is available from a political subdivision at the time of well installation, a property owner is subject to any base charges, fees, or assessments imposed by the political subdivision, notwithstanding the installation or use of a private well, and regardless of the amount of water consumed from the water system.

    (C) Upon a determination of impaired water quality pursuant to item (A)(2), and notwithstanding another provision of law, a political subdivision may not adopt, enforce, or maintain an ordinance, resolution, regulation, or rule that prohibits or unreasonably restricts the drilling, servicing, repair, installation, operation, or maintenance of a private water well on agricultural or residential property consisting of one-half acre or more otherwise authorized under state law.

    (D) Notwithstanding another provision of law, a political subdivision cannot require connection to a water system if the system is unable to provide service to that property. If the political subdivision is unable to provide services, the providing entity must notify the property owner in writing within thirty days of the request for service.

    (E) Nothing in this section may be construed to authorize a property owner to disconnect from a water system provided by a political subdivision and property connected to such a water system must remain connected to the system.

    (F) Nothing in this section alters the regulation, operation, or permitting of public or community wells regulated under state or federal law.

 

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

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