Whenever used or referred to in this chapter, unless a different meaning clearly appears from the context:
(1) "District" or "soil and water conservation district" means a governmental subdivision of this State, a public body corporate and politic, organized in accordance with the provisions of this chapter for the purposes, with the powers and subject to the restrictions herein set forth;
(2) "Commissioner" means one of the members of the governing body of a district elected or appointed in accordance with the provisions of this chapter;
(3) [Deleted]
(4) "Petition" means a petition filed under the provisions of Section 48-9-510 for the creation of a district;
(5) "Nominating petition" means a petition filed under the provisions of Section 48-9-1220 to nominate candidates for the office of commissioner of a soil and water conservation district;
(6) "State" means the State of South Carolina;
(7) "Agency of this State" includes the government of this State and any subdivision, agency or instrumentality, corporate or otherwise, of the government of this State;
(8) "United States" or "agencies of the United States" includes the United States of America, the Natural Resources Conservation Service of the United States Department of Agriculture and its successors, and any other agency or instrumentality, corporate or otherwise, of the United States of America;
(9) "Government" or "governmental" includes the government of this State, the government of the United States and any subdivision, agency or instrumentality, corporate or otherwise, or either of them;
(10) "Landowner" or "owner of land" includes any person who shall hold legal or equitable title to any lands lying within a district organized under the provisions of this chapter;
(11) "Land occupier" or "occupier of land" includes any person, other than the owner, who shall be in possession of any lands lying within a district organized under the provisions of this chapter, whether as lessee, renter, tenant or otherwise;
(12) "Qualified elector" includes any person qualified to vote in elections by the people under the Constitution of this State;
(13) "Due notice" means notice published at least twice, with an interval of at least seven days between the two publication dates, in a newspaper or other publication of general circulation within the appropriate area or, if no such publication of general circulation be available, by posting at a reasonable number of conspicuous places within the appropriate area, such posting to include, when possible, posting at public places where it may be customary to post notices concerning county or municipal affairs generally; and
(14) "Board" means the governing body of the Department of Natural Resources.
HISTORY: 1962 Code Section 63-52; 1952 Code Section 63-52; 1942 Code Section 5806-103; 1937 (40) 242; 1965 (54) 106; 1970 (56) 2331; 1972 (57) 2271; 1993 Act No. 181, Section 1176; 2019 Act No. 74 (H.4012), Sections 1.B, 1.C, eff May 16, 2019.
Effect of Amendment
2019 Act No. 74, Section 1.B, in (8), substituted "Natural Resources Conservation Service" for "soil and water conservation service", and inserted "its successors, and" following "United States Department of Agriculture and".
2019 Act No. 74, Section 1.C, added (14), relating to the definition of "Board".
Structure South Carolina Code of Laws
Title 48 - Environmental Protection and Conservation
Chapter 9 - Soil And Water Conservation Districts Law
Section 48-9-20. Legislative declaration of purpose.
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 48-9-260. 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 48-9-630. Action by Secretary of State on application.
Section 48-9-640. Subsequent petition if previous determination was against feasibility of district.
Section 48-9-810. 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 48-9-1300. Commissioners of different districts cooperation.
Section 48-9-1310. Consultation with governing bodies of nearby localities.