After such hearing, if the department shall determine, upon the facts presented at such hearing and upon such other relevant facts and information as may be available, that there is need, in the interest of the public health, safety and welfare, for a soil and water conservation district to function in the territory considered at the hearing, it shall make and record such determination and shall define, by metes and bounds or by legal subdivisions, the boundaries of such district. In making such determination and in defining such boundaries the department shall give due weight and consideration to the topography of the area considered and of the State, the composition of soils therein, the distribution of erosion, the prevailing land-use practices, the desirability and necessity of including within the boundaries the particular lands under consideration and the benefits such lands may receive from being included within such boundaries, the relation of the proposed area to existing watersheds and agricultural regions and to other soil and water conservation districts already organized or proposed for organization under the provisions of this chapter and such other physical, geographical and economic factors as are relevant, having due regard to the legislative determinations set forth in Section 48-9-20. The territory to be included within such boundaries need not be contiguous.
HISTORY: 1962 Code Section 63-86; 1952 Code Section 63-86; 1942 Code Section 5806-105; 1937 (40) 242; 1965 (54) 106; 1970 (56) 2331; 1993 Act No. 181, Section 1188.
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.