After such hearing the department shall determine, upon the facts presented at such hearing and upon such other relevant facts and information as may be available, whether there is need in the interest of the public health, safety and welfare for the proposed subdivision and whether the operation of the districts within the proposed boundaries will be administratively practicable and feasible. In making such determination, the department shall give due weight and consideration to the legislative determinations set forth in Section 48-9-20 and to the standards provided in Sections 48-9-560 and 48-9-600 for the guidance of the department in making its determinations in connection with the organization of districts. If the department determines that the proposed subdivision is not necessary in the interest of the public health, safety and welfare, or that the operation of the districts within the proposed boundaries would not be administratively practicable or feasible, it shall record such determination and deny the petition. If the department shall determine in favor of the proposed subdivision, it shall record such determination and define the boundary lines between the districts and shall notify the chairman of the governing body of the district to be divided of its determination.
HISTORY: 1962 Code Section 63-104; 1952 Code Section 63-104; 1946 (44) 1537; 1970 (56) 2331; 1993 Act No. 181, Section 1189.
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.