South Carolina Code of Laws
Chapter 9 - Soil And Water Conservation Districts Law
Section 48-9-1270. General powers of districts and commissioners.

A soil and water conservation district organized under the provisions of this chapter and the commissioners thereof shall have the following powers, in addition to others granted in other sections of this chapter:
(1) To conduct surveys, investigations and research relating to the character of soil erosion and floodwater and sediment damages, and to the conservation, development, utilization, and disposal of water, and the preventive and control measures and works of improvement needed, to publish the results of such surveys, investigations or research and to disseminate information concerning such preventive and control measures and works of improvement; provided, however, that, in order to avoid duplication of research activities, no district shall initiate any research program except in cooperation with the government of this State or one of its agencies or with the United States or one of its agencies;
(2) To conduct demonstrational projects within the district on lands owned or controlled by this State or one of its agencies with the cooperation of the agency administering and having jurisdiction thereof and on any other lands within the district upon obtaining the consent of the owner and occupiers of such lands or the necessary rights or interests in such lands, in order to demonstrate by example the means, methods and measures by which soil and water resources may be conserved and soil erosion in the form of soil blowing and soil washing may be prevented and controlled, and works of improvement for flood prevention or the conservation, development, utilization, and disposal of water may be carried out; provided, however, that in order to avoid duplication of demonstrational activities, no district shall initiate any demonstrational program except in cooperation with the government of this State or one of its agencies or with the United States or one of its agencies;
(3) To carry out preventive and control measures and works of improvement for flood prevention or the conservation, development, utilization, and disposal of water within the district including, but not limited to, engineering operations, methods of cultivation, the growing of vegetation, changes in use of land, recreational development, water storage facilities, and the measures listed in item (3) of Section 48-9-20 on lands owned or controlled by this State or one of its agencies, with the cooperation of the agency administering and having jurisdiction thereof, and on any other lands within the district upon obtaining the consent of the owner and the occupiers of such lands or the necessary rights or interests in such lands;
(4) To cooperate, or enter into agreements with and, within the limits of appropriations duly made available to it by law, to furnish financial or other aid to any agency, governmental or otherwise, or to any owner or occupier of lands within the district in the carrying on of erosion control or prevention operations and works of improvement for flood prevention or the conservation, development, utilization, and disposal of water within the district, subject to such conditions as the commissioners may deem necessary to advance the purposes of this chapter;
(5) To obtain options upon and to acquire, by purchase, exchange, lease, gift, grant, bequest, devise or otherwise, any property, real or personal, or rights or interests therein; to maintain, administer and improve any properties acquired, to receive income from such properties and to expend such income in carrying out the purposes and provisions of this chapter; and to sell, lease or otherwise dispose of any of its property or interests therein in furtherance of the purposes and provisions of this chapter;
(6) To make available, on such terms as it shall prescribe, to landowners and occupiers within the district agricultural and engineering machinery and equipment, fertilizer, seeds and seedlings and such other material or equipment as will assist such landowners and occupiers to carry on operations upon their lands for the conservation of soil and water resources and for the prevention or control of soil erosion and for flood prevention or the conservation, development, utilization, and disposal of water;
(7) To construct, improve, operate and maintain such structures as may be necessary or convenient for the performance of any of the operations authorized in this chapter;
(8) To develop comprehensive plans for the conservation of soil and water resources and for the control and prevention of soil erosion and for flood prevention or the conservation, development, utilization, and disposal of water within the district, which plans shall specify in such detail as may be possible the acts, procedures, performances and avoidances which are necessary or desirable for the effectuation of such plans, including the specification of engineering operations, methods of cultivation, the growing of vegetation, cropping programs, tillage practices, changes in use of land, recreational developments, and water storage facilities; and to publish such plans and information and bring them to the attention of owners and occupiers of lands within the district;
(9) To take over, by purchase, lease or otherwise, and to administer any soil conservation, flood-prevention, drainage, irrigation, water management, erosion-control or erosion-prevention project, or combinations thereof, located within its boundaries undertaken by the United States or one of its agencies or by this State or one of its agencies; to manage, as agent of the United States or one of its agencies or of this State or one of its agencies, any soil-conservation, flood-prevention, drainage, irrigation, water management, erosion-control or erosion-prevention project, or combinations thereof, within its boundaries; to act as agent for the United States or one of its agencies or for this State or one of its agencies in connection with the acquisition, construction, operation or administration of any soil-conservation, flood-prevention, drainage, irrigation, water management, erosion-control or erosion-prevention project, or combinations thereof, within its boundaries; to accept donations, gifts and contributions in money, services, materials or otherwise from the United States or one of its agencies or from this State or one of its agencies, or from others, and to use or expend such moneys, services, materials or other contributions in carrying on its operations; and
(10) To sue and be sued in the name of the district; to have a seal, which seal shall be judicially noticed; to have perpetual succession unless terminated as provided in Article 9 of this chapter; to make and execute contracts and other instruments necessary or convenient to the exercise of its powers; and to make, amend and repeal rules and regulations not inconsistent with this chapter to carry into effect its purposes and powers.
HISTORY: 1962 Code Section 63-127; 1952 Code Section 63-127; 1942 Code Section 5806-108; 1937 (40) 242; 1965 (54) 106; 1970 (56) 2331.

Structure South Carolina Code of Laws

South Carolina Code of Laws

Title 48 - Environmental Protection and Conservation

Chapter 9 - Soil And Water Conservation Districts Law

Section 48-9-10. Short title.

Section 48-9-15. Definitions.

Section 48-9-20. Legislative declaration of purpose.

Section 48-9-30. Definitions.

Section 48-9-40. Repealed.

Section 48-9-45. Land, Water, and Conservation Division accountable to director of department.

Section 48-9-50. Agencies operating public lands shall cooperate with commissioners.

Section 48-9-60. Adjournment of hearings.

Section 48-9-220. Geographic areas for selection of members of Committee.

Section 48-9-230. Repealed.

Section 48-9-260. Employees; legal services.

Section 48-9-270. Seal; hearings; rules and regulations.

Section 48-9-280. Bonds; records; audit.

Section 48-9-290. General duties and powers.

Section 48-9-300. Delegation of powers and duties; cooperation with other agencies.

Section 48-9-310. Submission of statements, estimates, budgets, and other information.

Section 48-9-320. Allocation of State appropriations.

Section 48-9-510. Petition for creation of a district.

Section 48-9-520. Content of petition.

Section 48-9-530. Consolidation of overlapping petitions.

Section 48-9-540. Hearing on petition.

Section 48-9-550. Determination against establishment; filing of subsequent petition.

Section 48-9-560. Determination of need for district; boundaries.

Section 48-9-570. Boundaries to not include portions of other districts.

Section 48-9-580. Referendum on establishment of district.

Section 48-9-590. Conduct of hearings and referenda; expenses.

Section 48-9-600. Final determination as to establishment of district.

Section 48-9-610. Appointment of two commissioners of new district.

Section 48-9-620. Filing and contents of application by appointed commissioners with Secretary of State.

Section 48-9-630. Action by Secretary of State on application.

Section 48-9-640. Subsequent petition if previous determination was against feasibility of district.

Section 48-9-650. Certificate conclusive as to establishment of district; admissibility of certificate as evidence.

Section 48-9-810. Petition for enlarging existing district.

Section 48-9-820. Petition for subdivision of district.

Section 48-9-830. Hearing on petition for subdivision of district.

Section 48-9-840. Determination as to subdivisions.

Section 48-9-850. Organization of subdivision as district.

Section 48-9-1010. Petition for discontinuance of district; hearings on discontinuance.

Section 48-9-1020. Referendum on discontinuance.

Section 48-9-1030. Decision as to discontinuance.

Section 48-9-1040. Termination of affairs and dissolution of district.

Section 48-9-1050. Effect of dissolution.

Section 48-9-1060. Petitions for dissolution need not be entertained more than once in five years.

Section 48-9-1210. Qualifications of appointed commissioners.

Section 48-9-1220. Nomination and election of commissioners.

Section 48-9-1230. Terms of office; vacancies; removal.

Section 48-9-1240. Chairman; quorum; majority vote; compensation.

Section 48-9-1250. Employees and agents; delegation of powers and duties; legal services.

Section 48-9-1260. Bonds; records; audit.

Section 48-9-1270. General powers of districts and commissioners.

Section 48-9-1280. Commissioners may require contributions or agreements by landowners or occupiers as to permanent use.

Section 48-9-1290. Provisions as to acquisitions; operations or dispositions by other public bodies; property of districts tax free.

Section 48-9-1300. Commissioners of different districts cooperation.

Section 48-9-1310. Consultation with governing bodies of nearby localities.

Section 48-9-1320. Information to be furnished to Land, Water, and Conservation Division Advisory Committee.

Section 48-9-1510. Repealed.

Section 48-9-1520. Repealed.

Section 48-9-1530. Repealed.

Section 48-9-1540. Repealed.

Section 48-9-1550. Repealed.

Section 48-9-1560. Repealed.

Section 48-9-1570. Repealed.

Section 48-9-1580. Repealed.

Section 48-9-1590. Repealed.

Section 48-9-1600. Repealed.

Section 48-9-1610. Repealed.

Section 48-9-1620. Repealed.

Section 48-9-1630. Repealed.

Section 48-9-1810. Repealed.

Section 48-9-1820. Repealed.

Section 48-9-1830. Repealed.

Section 48-9-1840. Repealed.

Section 48-9-1850. Repealed.

Section 48-9-1860. Repealed.

Section 48-9-1870. Repealed.