Committee Report

April 2, 2026

 

H. 5111

 

Introduced by Reps. Forrest, Lastinger and Hartz

 

S. Printed 4/2/26--H.

Read the first time February 5, 2026

 

________

 

The committee on House Agriculture, Natural Res. and Environmental Affairs

To whom was referred a Bill (H. 5111) 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, etc., respectfully

Report:

That they have duly and carefully considered the same, and recommend that the same do pass with amendment:

 

   Amend the bill, as and if amended, by striking all after the enacting words and inserting:

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.

Renumber sections to conform.

Amend title to conform.

 

WILLIAM HIXON for Committee.

 

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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.

 

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

 

SECTION 1.  Article 1, Chapter 31, Title 5 of the S.C. Code is amended by adding:

 

    Section 5-31-60. (A) Notwithstanding another provision of law, a county, municipality, or other political subdivision of the State 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.

    (B) No property owner may be required to connect to a municipal public water system furnishing water if the property owner demonstrates the ability to provide potable water through a private water well that is:

       (1) permitted and constructed in accordance with Chapter 5, Title 49, of the South Carolina Code of Laws;

       (2) operated and maintained in compliance with the South Carolina Safe Drinking Water Act, Chapter 55, Title 44, to the extent applicable to private water supplies;

       (3) in compliance with state statutes governing groundwater protection, water quality, and public health, including provisions addressing contamination, well integrity, and protection of drinking water sources;

       (4) supported by prima facie evidence of compliance, which may include a valid well permit, inspection report, water quality test, certification, or other documentation issued or accepted by the South Carolina Department of Environmental Services or its successor agency; and

       (5) not subject to additional municipal demands or requirements absent a documented, imminent public health threat that is specific to the property and supported by evidence recognized under state law. Local governments may not impose new standards, inspections, or approvals beyond those specified in this section unless such evidence exists.

    (C) A county, municipality, municipal utility, or other local governmental entity may not impose fines, fees, assessments, penalties, or other charges solely due to a property owner's decision not to connect to a municipal public water system when the requirements of subsection (B) are satisfied.

    (D) A county or municipality may not deny building permits, certificates of occupancy, zoning approvals, subdivision approvals, or other land-use or development approvals solely because a property owner elects to utilize a private water well instead of connecting to a municipal public water system.

    (E) Nothing in this section exempts a property owner from compliance with applicable state environmental, public health, or permitting requirements governing private water wells.

    (F) A property owner aggrieved by a violation of this section may seek declaratory or injunctive relief in circuit court and, if the property owner prevails, may recover reasonable attorney's fees and court costs.

    (G) A political subdivision that knowingly violates this section is subject to a civil penalty not to exceed one thousand dollars per day for each day the violation continues.

 

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

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