Indicates Matter Stricken

Indicates New Matter

 

Committee Report

March 24, 2026

 

H. 5113

 

Introduced by Reps. Brewer, M. M. Smith, Guffey, B. Newton, Lawson, Sessions, Robbins, Gatch, Neese, Kirby, Waters, C. Mitchell, Yow, Atkinson, Forrest, Gagnon, Guest, Hayes, Herbkersman, Hiott, J. L. Johnson, Wooten, Chapman and Ligon

 

S. Printed 3/24/26--H.

Read the first time February 5, 2026

 

________

 

The committee on House Labor, Commerce and Industry

To whom was referred a Bill (H. 5113) to amend the South Carolina Code of Laws by adding Section 6-29-735 so as to prohibit local governments from preventing the continuance of lawful nonconforming use, 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, SECTION 1, by striking Section 6-29-735(A)(1) and inserting:

       (1) "Manufactured home" or "mobile home" means a structure, not including a modular home, designed for temporary or permanent habitation and constructed to permit its transport on wheels, temporarily or permanently attached to its frame, from its place of construction or sale to a location where it is intended to be a housing unit or a storage unitinstalled. The term includes a 'manufactured home' as defined in 42 U.S.C. Section 5402(6) as amended.

Amend the bill further, SECTION 1, by striking Section 6-29-735(A)(3) and inserting:

       (3) "Single-family dwelling" means a manufactured home or mobile home used as a single-family residence.

Amend the bill further, SECTION 1, by striking Section 6-29-735(B) and inserting:

    (B) Notwithstanding the provisions of Section 6-29-730 or another provision of law, when there is a replacement of a preexisting manufactured home or mobile home with a new home manufactured home not more than five years old within a manufactured home community or mobile home park, or on any other residential land, a local government may not adopt or enforce any zoning decision or zoning ordinance, or any other regulation or restriction, or impose any conditions on the new home, the property upon which the home sits, or the owner's property that were not required of the preexisting home, home site, or property, that would prevent the continuance of the property owner's lawful nonconforming use that had existed relating to the preexisting home, the property upon which the home sat, or the owner's property.

Renumber sections to conform.

Amend title to conform.

 

WILLIAM HERBKERSMAN for Committee.

 

 

statement of estimated fiscal impact

Explanation of Fiscal Impact

State Expenditure

This bill prohibits new zoning enforcement or other restrictions from being imposed on a property that replaces a preexisting manufactured home or a mobile home with a new manufactured or mobile home within a manufactured home community, mobile home park, or on any other residential land, if the restriction would not have been applicable to the home being replaced. This bill also removes a five-year restriction on display models being utilized for residential use.

LLR anticipates that the bill will have no expenditure impact on the agency as it does not alter the responsibilities of the agency or its boards.

 

Local Expenditure

This bill prohibits new zoning enforcement or other restrictions from being imposed on a property that replaces a preexisting manufactured home with a new home, if the restriction would not have been applicable to the to the home being replaced. This bill also removes a five-year restriction on display models being utilized for residential use.

RFA contacted all counties in the state and the MASC to determine the potential expenditure impact this bill may have on local governments. We received a response from Charleston County, Chester County, Fairfield County, Florence County, Lancaster County, McCormick County, and MASC. Each county indicated that the bill would have no direct expenditure impact. Chester, Florence, and Lancaster Counties expressed a concern that the bill may represent an erosion of Home Rule and could result in unforeseen costs due to restrictions on their ability to fully enact comprehensive zoning plans specific to their counties' needs. Chester and Fairfield Counties also note this bill may lead to administrative costs associated with more complex review of manufactured homes. Additionally, Charleston and Fairfield Counties anticipate this bill may lead to indirect costs associated with zoning appeals, planning, and review. MASC anticipates this bill may have an undetermined impact on municipalities dependent upon costs incurred to update local zoning ordinances and city code. Specifically, MASC anticipates impacts to municipalities will depend on costs associated with providing notice of public hearings and other related administrative tasks.

 

 

Frank A. Rainwater, Executive Director

Revenue and Fiscal Affairs Office

 

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A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 6-29-735 SO AS TO PROHIBIT LOCAL GOVERNMENTS FROM PREVENTING THE CONTINUANCE OF LAWFUL NONCONFORMING USE OF PROPERTY WHEN A PREEXISTING MANUFACTURED HOME OR MOBILE HOME IS REPLACED WITH A NEW MANUFACTURED HOME OR MOBILE HOME, TO PROVIDE EXCEPTIONS, AND TO PROVIDE DEFINITIONS; AND BY AMENDING SECTION 23-43-85, RELATING TO STANDARDS FOR PLACEMENT OF MODULAR HOMES; DISPLAY MODELS, SO AS TO PROVIDE THAT THE SECTION APPLIES TO ON-FRAME MODULAR HOMES AND TO REMOVE A FIVE-YEAR RESTRICTION ON DISPLAY MODELS BEING USED FOR RESIDENTIAL USE.

 

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

 

SECTION 1.  Article 5, Chapter 29, Title 6 of the S.C. Code is amended by adding:

 

    Section 6-29-735.  (A) As used in this section, the term:

       (1) "Manufactured home" or "mobile home" means a structure, not including a modular home, designed for temporary or permanent habitation and constructed to permit its transport on wheels, temporarily or permanently attached to its frame, from its place of construction or sale to a location where it is intended to be a housing unit or a storage unit.

       (2) "New home" means a manufactured home purchased from either the original manufacturer or a dealer in the ordinary course of the dealer's business and has never been titled or previously occupied.

       (3) "Single-family dwelling" means a manufactured home or mobile home used as a single-family residence.

    (B) Notwithstanding the provisions of Section 6-29-730 or another provision of law, when there is a replacement of a preexisting manufactured home or mobile home with a new home within a manufactured home community or mobile home park, or on any other residential land, a local government may not adopt or enforce any zoning decision or zoning ordinance, or any other regulation or restriction, or impose any conditions on the new home, the property upon which the home sits, or the owner's property that were not required of the preexisting home, home site, or property, that would prevent the continuance of the property owner's lawful nonconforming use that had existed relating to the preexisting home, the property upon which the home sat, or the owner's property.

    (C) The provisions of subsection (B) do not apply if:

       (1) a discontinuance is necessary for the safety of life or property;

       (2) the nonconforming use has been discontinued for the period of time established by ordinance which may not be less than twelve months, unless the discontinuance is caused by circumstances outside the control of the property owner;

       (3) the replacement home would result in a change from the lawful nonconforming use as a single-family dwelling to another type of dwelling; or

       (4) the replacement home results in an obstruction to a shared driveway or shared sidewalk providing vehicular or pedestrian access to other homes and uses, unless the property owner makes modifications to the shared driveway or shared sidewalk that extinguishes the obstruction or the effects of the obstruction.

 

SECTION 2.  Section 23-43-85 of the S.C. Code is amended to read:

 

    Section 23-43-85.  (A) A single-family on-frame modular home manufactured after January 1, 2005, must meet the following standards to be certified for placement in this State:

       (1) Roof pitch. For homes with a single predominant roofline, the pitch of the roof must be at least five feet rise for every twelve feet of run;

       (2) Eave projections. The eave projections of the roof must be at least ten inches, not including a gutter around the perimeter of the home unless the roof pitch is at least seven feet rise for every twelve feet of run;

       (3) Exterior wall. The height of the exterior wall must be at least seven feet six inches for the first story;

       (4) Siding and roofing materials. The materials and texture of the exterior materials must be compatible in composition, appearance, and durability to the exterior materials commonly used in standard residential construction.

    (B) A single-family modular home placed in the State after January 1, 2005, must meet the foundation requirements provided by the State in this subsection:

       (1) A perimeter wall located under the exterior walls of the home, whether load-bearing or nonload-bearing, must be constructed of brick, masonry, or other permanent material commonly used in standard residential construction, consistent with surrounding residential structures, and in accordance with the International Residential Code as adopted by the South Carolina Department of Labor, Licensing and Regulation. All modular manufacturers shall submit with the plan set for each building to the department's Modular Buildings Program a minimum foundation design.

       (2) A home located in a coastal or flood plain area may require piling or other special foundation designs. These foundations must be designed by a registered professional engineer or architect and are subject to review and approval by the local jurisdiction and not by the Modular Buildings Program. A perimeter wall constructed of brick, masonry, or other materials to enclose the foundation of the home may be a requirement of the design.

    (C) An appeal for a variance from a certification standard or a foundation requirement described in this section may be taken in the same manner as provided in Section 23-43-120.

    (D) A single-family modular home used as a display model may be placed for its first residential use in this State if:

       (1) it bears a valid modular home label issued pursuant to this chapter;

       (2) it meets the appropriate wind and seismic requirements in effect when the label was issued;

       (3) it has not been altered from its original design; and

       (4) it was manufactured within five years before the placement for first residential use;  and

       (5)(4) the seller provides the purchaser with written notice that the home meets the appropriate code requirements in effect at the time of manufacture, and may or may not meet the code requirements in effect at the time of placement for residential use.

 

SECTION 3.  This act takes effect upon approval by the Governor.

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