For easements, rights-of-way, or any other encroachment on or over any state park, state forest, state historic area, state wildlife refuge or preserve, Heritage Trust Site, or other state-owned lands of natural significance the responsible management agency shall, in addition to the provisions of Section 10-1-130, make the following determinations prior to requesting approval from the Department of Administration and review by the Joint Bond Review Committee and approval by the State Fiscal Accountability Authority if necessary:
(a) There is an important public necessity for the encroachment;
(b) Alternative routes or locations not on state property are neither prudent nor feasible, and the proposed encroachment is not disruptive of the existing or planned uses of the state property;
(c) The entity responsible for the encroachment shall make reasonable mitigation of the impacts of the proposed encroachment, upon the recommendation of the governing body of the responsible management agency.
HISTORY: 1985 Act No. 91.
Code Commissioner's Note
At the direction of the Code Commissioner, references in this section to the offices of the former State Budget and Control Board, Office of the Governor, or other agencies, were changed to reflect the transfer of them to the Department of Administration or other entities, pursuant to the directive of the South Carolina Restructuring Act, 2014 Act No. 121, Section 5(D)(1), effective July 1, 2015.
Structure South Carolina Code of Laws
Title 10 - Public Buildings and Property
Chapter 1 - General Provisions
Section 10-1-10. Care of State House and State House grounds.
Section 10-1-20. Annual report as to care of State House and State House grounds.
Section 10-1-30. Use of areas of the State House.
Section 10-1-35. Camping on State House grounds prohibited.
Section 10-1-40. State House Committee.
Section 10-1-45. Improvements or additions to State House.
Section 10-1-70. Roofs of public buildings, fireproof and noncombustible materials requirements.
Section 10-1-80. Bringing natural cut trees into places of worship, Fire Code enforcement exemption.
Section 10-1-100. Public construction projects, provision for antipollution devices.
Section 10-1-105. Buildings constructed with public funds to include windows which may be opened.
Section 10-1-130. Grant of easements and rights of way.
Section 10-1-135. Encroachments on state-owned lands of natural significance.
Section 10-1-150. Accounting for expenses of public buildings.
Section 10-1-160. Display of certain flags.
Section 10-1-161. State Capitol Building flags flown at half-staff.
Section 10-1-165. Protection of certain monuments and memorials.
Section 10-1-175. Law enforcement officer memorial.
Section 10-1-178. African-American History Monument.
Section 10-1-179. African-American History Monument Commission; museum; dissolution of commission.
Section 10-1-205. Computers in public libraries; regulation of Internet access.
Section 10-1-206. Library pilot program for Internet filtering software.