Amended

February 19, 2026

 

H. 5097

 

Introduced by Reps. Haddon, Yow, Ligon, Holman, Rankin, Pedalino, Forrest, Hixon, Cromer and Gilreath

 

S. Printed 2/19/26--H.

Read the first time February 4, 2026

 

________

 

 

 

 

 

 

 

 

A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 6-1-145 SO AS TO PROVIDE THAT CERTAIN ROADSIDE MARKETS OPERATED BY FARMERS ARE NOT CONSIDERED COMMERCIAL OPERATIONS FOR LOCAL ZONING PURPOSES AND ARE EXEMPT FROM CERTAIN LOCAL AND STATE REGULATORY REQUIREMENTS, AND TO DEFINE NECESSARY TERMS, AMONG OTHER THINGS.

    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 6-1-145. (A) For purposes of this section, "roadside market" means a direct-to-consumer point located near a roadway on a farmer's leased or owned farm property that the farmer controls where an individual farmer sells farm products produced on his farm in this State to the general public, including fresh produce and farm goods such as honey, eggs, and jellies. A roadside market does not include multivendor farmers' markets or similar outlets.

    (B) Notwithstanding another provision of law, a roadside market, as defined in subsection (A), may not be classified or required by a county or municipality to be zoned as a commercial operation.

    (C) A roadside market is exempt from local government stormwater regulations, stormwater permitting requirements, and local building codes, including permitting, inspection, and construction requirements otherwise applicable to commercial or retail structures. A local government shall not be held liable for any occurrence that arises as a result of the exemption provided for in this section.

    (D) A roadside market is exempt from the provisions of the South Carolina Surface Water Withdrawal, Permitting Use, and Reporting Act, contained in Chapter 4, Title 46.

    (E) A roadside market seeking certification as a Certified Roadside Market by the South Carolina Department of Agriculture under the Roadside Market Incentive Program pursuant to Article 5, Chapter 19, Title 46 and regulations promulgated pursuant to that article may not be exempt from the requirements of that voluntary program by the provisions of this article.

 

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

----XX----