The two appointed commissioners shall present to the Secretary of State an application signed by them, which shall set forth (and such application need contain no detail other than the mere recitals) that:
(1) A petition for the creation of the district was filed with the department pursuant to the provisions of this chapter and that the proceedings specified in this chapter were taken pursuant to such petition;
(2) The application is being filed in order to complete the organization of the district under this chapter and the department has appointed the signers as commissioners;
(3) The name and official residence of each of the commissioners, together with a certified copy of the appointments evidencing their right to office;
(4) The term of office of each of the commissioners;
(5) The name which is proposed for the district; and
(6) The location of the principal office of the commissioners of the district.
The application shall be subscribed and sworn to by each of the commissioners before an officer authorized by the laws of this State to take and certify oaths, who shall certify upon the application that he personally knows the commissioners and knows them to be the officers as affirmed in the application and that each has subscribed thereto in the officer's presence. The application shall be accompanied by a statement by the department which shall certify (and such statement need contain no detail other than the mere recitals) that a petition was filed, notice issued and hearing held as provided in Sections 48-9-510 and 48-9-540; that the department did duly determine 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 proposed territory and did define the boundaries thereof; that notice was given and a referendum held on the question of the creation of such district and that the result of such referendum showed a majority of the votes cast in such referendum to be in favor of the creation of the district; and that thereafter the department did duly determine that the operation of the proposed district is administratively practicable and feasible. Such statement shall set forth the boundaries of the district as defined by the department.
HISTORY: 1962 Code Section 63-92; 1952 Code Section 63-92; 1942 Code Section 5806-105; 1937 (40) 242; 1965 (54) 106; 1970 (56) 2331; 1972 (57) 2271; 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.