(a) A person violating the provisions of this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than twenty-five thousand dollars or imprisoned not more than three years, or both. In addition, any county or municipality is authorized to seek injunctive relief enjoining violations of this chapter.
(b) Any person injured by a violation of this chapter or any person who resides in the county in which the violation occurred may bring a civil action against the person alleged to be in violation. The action may seek:
(1) Injunctive relief; or
(2) An order enforcing the provision violated; or
(3) Damages caused by the violation; or
(4) Both damages and injunctive relief; or
(5) Both damages and an enforcement order; or
(6) Both an enforcement order and injunctive relief.
If actual damages as found by the court or jury in suits brought under this subsection are five hundred dollars or less, the plaintiff must be awarded not less than five hundred dollars; if the amount of actual damages as found by the court or jury is greater than five hundred dollars, the plaintiff shall receive damages in the amount so found. Injunctive relief or an enforcement order under this subsection must be based upon a threatened injury, an actual injury, or both.
Civil actions under this subsection must be brought in the circuit court of the county in which the alleged violation occurred. The court, in issuing any final order in any action brought pursuant to this section, may award costs of litigation, including reasonable attorney and expert-witness fees, to any party, whenever it determines that such an award is appropriate. The court may, if a temporary restraining order or preliminary injunction is sought, require the filing of a bond or equivalent security, the amount of such bond or security to be determined by the court. Nothing in this section shall restrict any right which any person or class of persons may have under the common law or under any statute to seek injunctive or other relief.
HISTORY: 1984 Act No. 444, Section 6; 1993 Act No. 184, Section 244.
Structure South Carolina Code of Laws
Title 48 - Environmental Protection and Conservation
Chapter 49 - South Carolina Mountain Ridge Protection Act Of 1984
Section 48-49-10. Short title.
Section 48-49-20. Legislative findings.
Section 48-49-30. Definitions.
Section 48-49-50. Previously existing buildings.
Section 48-49-60. Violations; penalties; civil remedies.
Section 48-49-70. Identification of protected mountain ridge crests.