South Carolina Code of Laws
Title 49 - Waters, Water Resources and Drainage

Chapter 1 - General Provisions

Section 49-1-10. Navigable streams considered common highways; obstruction as nuisance. - All streams which have been rendered or can be rendered...

Section 49-1-15. Permits for hydroelectric projects involving impoundment or diversion of waters of navigable streams. - (A) Except as otherwise provided herein, no person may erect,...

Section 49-1-16. Fees for permits. - The Department of Health and Environmental Control may charge a...

Section 49-1-18. Control authority over certain Savannah River matters suspended. - The General Assembly, pursuant to Section 7, Article I of...

Section 49-1-20. Permitting logs and the like to obstruct or interfere with navigation of rivers or harbors. - Any person who shall be found guilty of cutting any...

Section 49-1-30. Duty of landowners to clean out their streams. - All landowners shall clean out all streams upon and adjacent...

Section 49-1-40. Obstructing streams generally. - Any person who shall fell, cut or throw or cause...

Section 49-1-50. Sale or purchase of drifted lumber or timber; penalties. - (A) No person may sell any drifted lumber or timber,...

Section 49-1-60. Tolls allowed owner of shores or wharves. - The owner of the shores or any wharf erected on...

Section 49-1-80. International Paper Company may use water from Great Pee Dee River. - The State hereby grants permission to the International Paper Company...

Section 49-1-90. Right of others to diversions from Great Pee Dee River. - Any person, firm, corporation, municipality or county which may acquire...

Chapter 3 - Water Resources Planning And Coordination Act

Section 49-3-10. Short title. - This chapter may be cited as the South Carolina Water...

Section 49-3-20. Definitions. - As used in this chapter: (1) "Board" means the governing...

Section 49-3-30. Transfer of former Water Resources Commission to Water Resources Division of Department of Natural Resources; transfer of regulatory powers to Department of Health and Environmental Control. - The former Water Resources Commission without its regulatory functions is...

Section 49-3-40. Powers and duties of department. - (a) The department shall advise and assist the Governor and...

Section 49-3-50. Matters to be considered by department in exercising responsibilities. - In exercising its responsibilities under this chapter, the department shall...

Section 49-3-60. Right to return flows. - (A) Notwithstanding another provision of law, an entity that has...

Chapter 4 - South Carolina Surface Water Withdrawal, Permitting Use, And Reporting Act

Section 49-4-10. Short title. - This chapter may be cited as the "South Carolina Surface...

Section 49-4-20. Definitions. - As used in this chapter: (1) "Affected area" means that...

Section 49-4-25. Surface water withdrawal permit required. - Except as provided in Sections 49-4-30, 49-4-35, 49-4-40, and 49-4-45,...

Section 49-4-30. Exemptions. - (A) Surface water withdrawals for the following purposes are exempt...

Section 49-4-35. Registration of surface water use; amount of withdrawals; time to start withdrawals; modification or suspension of authority to withdraw water. - (A) Registered surface water withdrawers must register their surface water...

Section 49-4-40. Applications and permits for surface water withdrawals. - (A) Upon proper application, the department shall issue a permit...

Section 49-4-45. New surface water withdrawers; review and approval; reporting requirements. - (A)(1) A new surface water withdrawer that owns and operates...

Section 49-4-50. Reports of quantity of water withdrawn; methods for determining quantity. - (A) Each permitted or registered surface water withdrawer must file...

Section 49-4-55. Registered and exempt surface water withdrawers can apply for surface water withdrawal permits; criteria. - (A) A registered surface water withdrawer is not prohibited from...

Section 49-4-60. Use of surface water on nonriparian land. - The use of surface water on nonriparian land authorized pursuant...

Section 49-4-70. Applications for surface water withdrawal; time for application; initial permits; interbasin transfer permits. - (A) After the effective date of regulations promulgated by the...

Section 49-4-80. Contents of application for surface water withdrawal permit; department criteria; department duties. - (A) An application for a surface water withdrawal permit must...

Section 49-4-90. Hearings for new surface water withdrawal permit applications for interbasin transfers; notice. - (A) The department must hold a public hearing concerning new...

Section 49-4-100. Surface water withdrawal permits; contents; valid for certain time period. - (A) Surface water withdrawal permits issued by the department must:...

Section 49-4-110. Effect of surface water withdrawal permit. - (A) A surface water withdrawal permit confers upon the permittee...

Section 49-4-120. Modification, suspension and revocation of permit; conditions; renewal of permit. - (A) The department may modify, suspend, or revoke a permit...

Section 49-4-130. Notice of construction of new surface water intake required. - A surface water withdrawer must provide the department with prior...

Section 49-4-140. Temporary surface water withdrawal permit; necessity. - The department may issue a temporary surface water withdrawal permit...

Section 49-4-150. Amount of withdrawal dependent on definition of minimum instream flow; public water suppliers; determination of amount of water available. - (A)(1)(a) For new surface water withdrawers located on a stream...

Section 49-4-160. Operation and contingency plan to promote adequate water supply maintained on site; contents of plan; exceptions. - (A) Each permittee must prepare and maintain on site, available...

Section 49-4-170. Powers and duties of department. - (A) In addition to any other powers and duties, the...

Section 49-4-175. Authority to collect, and the amount of, surface water withdrawal permit fees. - (A) The department is authorized to collect the following surface...

Section 49-4-180. Violation of chapter; penalties. - (A) A surface water withdrawer who commits a violation of...

Chapter 5 - Groundwater Use And Reporting Act

Section 49-5-10. Short title. - This chapter may be cited as the Groundwater Use and...

Section 49-5-20. Legislative declaration of policy. - The General Assembly declares that the general welfare and public...

Section 49-5-30. Definitions. - Unless the context otherwise requires, as used in this chapter:...

Section 49-5-40. Department to establish groundwater management program; withdrawers to register sources and report use. - In order to carry out the policy as stated in...

Section 49-5-50. Department to monitor groundwater withdrawals; notice of construction of new well or increase in capacity of existing well; public notice. - (A) The department shall assess, notice, and monitor groundwater withdrawals...

Section 49-5-60. Capacity use area designation; notice and public hearing; development of groundwater management plan; groundwater withdrawal permits; appeals; grounds for reversal or modification. - (A) In the State where excessive groundwater withdrawal presents potential...

Section 49-5-70. Exemptions. - (A) The following are exempt from this chapter: (1) emergency...

Section 49-5-80. Registration of groundwater withdrawers; new wells. - (A) An existing groundwater withdrawer in the State shall register...

Section 49-5-90. Reports of quantity of water withdrawn; methods for determining quantity. - (A) Every permitted and registered groundwater withdrawer in the State...

Section 49-5-100. Permits; temporary permits; revocation; process for public participation in permitting process to be developed; contested case hearing. - (A) Before a groundwater withdrawer or proposed groundwater withdrawer in...

Section 49-5-110. Powers of department. - The department may: (1) adopt and modify regulations to implement...

Section 49-5-120. Violations of chapter or regulation; civil and criminal penalties. - (A) A person wilfully violating a provision of this chapter...

Section 49-5-130. Wells not requiring pumps; restriction of flow; promulgation of regulations. - Wells that are flowing by releasing groundwater under such pressure...

Section 49-5-140. Effect of chapter on rights of use of surface water. - Nothing contained in this chapter changes or modifies existing common...

Section 49-5-150. Existing capacity use areas. - Existing capacity use areas and requirements as specified in Regulations...

Chapter 6 - Aquatic Plant Management

Section 49-6-10. Purpose; administering agency. - There is hereby created the South Carolina Aquatic Plant Management...

Section 49-6-20. Aquatic Plant Management Trust Fund. - There is created the South Carolina Aquatic Plant Management Trust...

Section 49-6-30. Aquatic Plant Management Council; membership; duties. - There is hereby established the South Carolina Aquatic Plant Management...

Section 49-6-40. Aquatic Plant Management Plan. - The department, with advice and assistance from the council, shall...

Chapter 7 - Bushy Park Authority

Section 49-7-10. Bushy Park Authority created; functions generally; "Project" defined. - There is hereby created a body corporate and politic to...

Section 49-7-20. Members of Authority; appointment, qualifications, terms, vacancies. - The Authority shall be composed of eight members, as follows:...

Section 49-7-30. Members of Authority; per diem and mileage. - The members of the Authority shall receive such per diem...

Section 49-7-40. Officers of Authority. - The Authority shall convene at a place to be designated...

Section 49-7-50. Secretary shall file certificates with clerks of court. - The secretary of the Authority shall from time to time...

Section 49-7-60. Sale of water in Charleston County regulated; sale of water other than in Berkeley and Charleston Counties prohibited. - To the end that the Authority shall not unduly compete...

Section 49-7-70. Powers of Authority. - In order that the Authority shall be fully empowered to...

Section 49-7-80. Sale of electricity or electric power prohibited. - To the end that the Authority shall not compete with...

Section 49-7-90. Chapter does not affect Santee Cooper Project. - Nothing in this chapter contained shall in anywise affect the...

Section 49-7-100. Rates not subject to state supervision or regulation. - The rates charged for services furnished by the Project, as...

Section 49-7-110. Property exempt from taxes. - All property of the Authority located in Berkeley County shall...

Section 49-7-120. Fiscal year; audits; annual reports. - The Authority shall conduct its affairs on the fiscal year...

Section 49-7-130. Unlawful acts; penalties. - It shall be unlawful for any person to wilfully injure...

Section 49-7-140. Disposition of revenues. - All net revenues derived from the Project, whose disposition the...

Section 49-7-150. Contracts with municipalities, public bodies and public agencies operating water district systems. - All municipalities, public bodies and public agencies operating water district...

Chapter 9 - Flooding Of Cemeteries Or Burial Grounds By Power Or Water Companies

Section 49-9-10. Publication of notice before creation of artificial lake, pond, or reservoir on cemetery or burial ground. - Any water-power or reservoir company proposing to create an artificial...

Section 49-9-20. Procedure authorized if no requests for disposition of bodies received. - Unless the company shall receive written requests for the disposition...

Section 49-9-30. Petition to judge upon disagreement as to disposition of bodies. - In the event that the company and the relatives of...

Section 49-9-40. Rule to show cause. - Upon the presentation of such petition the judge to whom...

Section 49-9-50. Service of rule to show cause. - The rule to show cause provided for in Section 49-9-40...

Section 49-9-60. Hearing; final order. - Upon the return of such rule the judge before whom...

Section 49-9-70. Removal of bodies; supervision; expense. - All removal of bodies under the provisions of this chapter...

Chapter 11 - Dams

Section 49-11-10. Prohibition on dams or banks erected or water let off to injury of others. - No person shall be permitted or allowed to make or...

Section 49-11-20. Persons may not keep water on other's lands. - Nothing contained herein shall be construed to authorize any person...

Section 49-11-110. Short title. - This article shall be cited as the "Dams and Reservoirs...

Section 49-11-120. Definitions. - Unless the context otherwise requires, as used in this article:...

Section 49-11-130. Declaration of purpose. - It is the purpose of this article to provide for...

Section 49-11-140. General duties of department. - The authority for the safe maintenance of the dams and...

Section 49-11-150. Owner responsible for safe maintenance of dam or reservoir; notice of change of ownership; emergency action plan requirement. - The owner of a dam or reservoir constructed in this...

Section 49-11-160. Order to maintain, alter, repair, or remove dam or reservoir; findings supporting order. - The department may issue an order directing the owner of...

Section 49-11-170. Bringing unsafe dams to attention of department; preliminary inspections; detailed inspection at owner's expense; notice to owner; hearings. - (A) The existence of a dam which is not maintained...

Section 49-11-180. Voluntary compliance; time extensions. - (A) The department may solicit voluntary compliance by the owner...

Section 49-11-190. Emergency orders; owner to notify department of emergency; action when owner is unknown or fails to comply with order. - (A) The department immediately shall order remedial measures necessary to...

Section 49-11-200. Department approval required for construction or alteration; exceptions. - (A) The construction of a new dam or reservoir or...

Section 49-11-210. Separate application required for each alteration; information to accompany application. - A separate application for each dam or reservoir and all...

Section 49-11-220. Filing of certification of approved design; designs by federal agencies excepted. - An applicant for approval of a dam or reservoir subject...

Section 49-11-230. Inspections during construction; maximum rate of discharge for water released during construction. - (A) The department may make necessary inspections during construction of...

Section 49-11-240. Authority of department to inspect and enter on lands and waterways; regulations. - (A) The department or its authorized agents may inspect the...

Section 49-11-250. Liability for actions or failure to act. - Nothing in this article and no action or failure to...

Section 49-11-260. Penalties; injunction; appeals; disposition of fines. - (A) A person violating this article is guilty of a...

Chapter 17 - Drainage Or Levee Districts Under 1911 Act

Section 49-17-10. Legislative declaration of public interest. - It is hereby declared that the drainage of swamps, the...

Section 49-17-20. Chapter to be liberally construed. - The provisions of this chapter shall be liberally construed to...

Section 49-17-30. Proceedings may be ex parte or advisory. - Proceedings under this chapter may be ex parte or advisory....

Section 49-17-40. Effect of chapter on local drainage laws. - This chapter shall not repeal or change any local drainage...

Section 49-17-50. Drainage record. - The clerk of the court of common pleas shall provide...

Section 49-17-210. Powers of clerk of court. - The clerk of the court of common pleas of any...

Section 49-17-220. Initiation of proceedings. - Whenever: (1) A petition, signed by a majority of the...

Section 49-17-230. Effect of lands being in more than one county. - When the lands proposed to be drained and created into...

Section 49-17-240. Service of process. - The summons may be served by publication as to any...

Section 49-17-250. Appointment of board of viewers. - Upon the return day the clerk shall appoint a disinterested...

Section 49-17-260. Board of viewers may borrow expense money; payment of expenses. - The board of viewers may borrow a sufficient sum of...

Section 49-17-270. Preliminary report of board of viewers. - The board of viewers shall proceed to examine the land...

Section 49-17-280. Dismissal of petition if report is unfavorable; new proceedings. - If the viewers report that the drainage is not practicable...

Section 49-17-290. Hearing ordered if report is favorable. - If the viewers report that the drainage is practicable and...

Section 49-17-300. Notice of hearing. - If the petition is entertained by the clerk of court...

Section 49-17-310. Hearing; action on preliminary report. - At the date appointed for the hearing the clerk of...

Section 49-17-320. Establishment of district. - The above facts having been determined to the satisfaction of...

Section 49-17-330. Right of appeal. - Any person owning lands within the drainage or levee district...

Section 49-17-510. Requirement of complete survey, plans, and specifications; report. - After the district is established the clerk of court shall...

Section 49-17-520. Making complete survey; accompanying documents. - The engineer and viewers may employ such assistants as may...

Section 49-17-530. Assessment of damages. - The engineer and viewers shall assess the damage claimed by...

Section 49-17-540. Classification of land according to benefits. - The engineer and viewers shall personally examine the land in...

Section 49-17-550. Scale of assessment against land in different classes. - The scale of assessment upon the several classes of land...

Section 49-17-560. Notice when improvement crosses railroad. - Whenever the engineer and the viewers in charge shall make...

Section 49-17-570. Agreement with railroad; determination if unable to agree; assessment of damages and benefits. - When the time shall arrive, fixed for such conference, unless...

Section 49-17-580. Account of cost of survey. - The engineer and viewers shall keep an accurate account and...

Section 49-17-590. Delay; extension of time. - In case the work is delayed by high water, sickness...

Section 49-17-600. Filing and acceptance or reference back of final report. - When the final report is completed and filed it shall...

Section 49-17-610. Notice of hearing on final report; copy available for inspection. - When the report is fully completed and accepted by the...

Section 49-17-620. Notice of final hearing to and participation by railroad. - The clerk of the court of common pleas shall likewise...

Section 49-17-630. Making additional landowners parties. - If it shall appear at the time the final report...

Section 49-17-640. Action on final report. - At the date set for hearing any landowner may appear...

Section 49-17-650. Appeal. - Any party aggrieved may, within ten days after the confirmation...

Section 49-17-810. Appointment of drainage commissioners; vacancies. - After any such drainage district shall have been declared established,...

Section 49-17-820. Commissioners as a body corporate; name and powers. - Such three drainage commissioners, when so appointed, shall be immediately...

Section 49-17-830. Officers; seal. - The commissioners shall organize by electing from among their number...

Section 49-17-840. Superintendent of construction. - The board of drainage commissioners shall appoint a competent person...

Section 49-17-850. Removal of engineer and others for cause. - Any engineer, viewer, superintendent of construction or other person appointed...

Section 49-17-860. Compensation of commissioners. - The drainage commissioners shall receive as compensation for their work...

Section 49-17-870. Fees of county officers. - Inasmuch as under the provisions of this chapter much additional...

Section 49-17-880. Compensation, fees, and expenses generally. - Any engineer employed under the provisions of this chapter shall...

Section 49-17-1010. Notice of letting contract for improvement. - The board of drainage commissioners shall cause notice to be...

Section 49-17-1020. Letting contract; rejection of bids. - On the date appointed for the letting the board together...

Section 49-17-1030. Contract and bond of successful bidder. - The successful bidder shall be required to enter into a...

Section 49-17-1040. Entry on lands by contractor; removal of bridges, fences, or timber. - In the construction of the work the contractor may enter...

Section 49-17-1050. Land needed but not affected may be condemned. - If it is necessary to acquire a right-of-way or an...

Section 49-17-1060. Costs and assessments when highways are affected. - If no exceptions are filed or if it is shown...

Section 49-17-1070. Plans for time and manner of crossing railroad right of way. - After the contract is let and the actual construction is...

Section 49-17-1080. Work of crossing railroad right of way. - At the time agreed upon, the railroad company shall remove...

Section 49-17-1090. Bill of expenses of railroad company. - Within thirty days after the work is completed an itemized...

Section 49-17-1100. Outlet for lateral drains. - The owner of any land that has been assessed for...

Section 49-17-1110. Joining with border state in work. - Whenever it may be desirable to construct, widen, deepen, straighten...

Section 49-17-1120. Contract, costs and procedure where work is joined in by border state. - Such drainage commissioners in any county of this State may...

Section 49-17-1130. Failure of contractor; reletting contract. - If any contractor to whom a portion of the work...

Section 49-17-1140. Payment for work done. - The superintendent in charge of construction shall make monthly estimates...

Section 49-17-1310. Assessment and tax roll. - After the classification of the land and the ratio of...

Section 49-17-1320. Payments to be made in one installment. - If the total cost of the work is less than...

Section 49-17-1330. Notice of proposed bond issue. - In case the total assessment exceeds the average of twenty-five...

Section 49-17-1340. Effect of proposed bond issue on assessed landowners. - Any landowner having lands assessed in the district and not...

Section 49-17-1350. Issuance of bonds. - After the expiration of the thirty days after the publication...

Section 49-17-1360. Terms of bonds. - The bonds shall bear interest at a rate not exceeding...

Section 49-17-1370. Sinking fund. - In order to provide for the payment of bonds at...

Section 49-17-1380. Use, numbering, and record of bonds. - The bonds issued shall be for the exclusive use of...

Section 49-17-1390. Payment of interest on bonds. - The interest upon the bonds shall be paid to the...

Section 49-17-1400. Lien of assessment; remedies on default. - This assessment shall constitute the first and paramount lien, second...

Section 49-17-1410. Defects that do not defeat assessment. - The collection of the assessment shall not be defeated, when...

Section 49-17-1420. Change of assessment; relevy. - When the clerk of the court has confirmed an assessment...

Section 49-17-1430. Federal aid. - In the event that the United States Government makes provision...

Section 49-17-1610. Funds to be deposited with county treasurer. - All sums of money arising from the sale of bonds,...

Section 49-17-1620. Disbursement of funds on warrant of board of drainage commissioners. - All bills, claims or other demands against a drainage district...

Section 49-17-1630. Issuance of warrants. - The board of drainage commissioners shall issue their warrants, directed...

Section 49-17-1640. Assessment rolls. - The board of drainage commissioners shall furnish the county auditor...

Section 49-17-1650. Collection of assessments. - The county treasurer shall collect the assessments shown by such...

Section 49-17-1660. Proceedings upon default in payment of assessments. - In case of default in the payment of any assessment...

Section 49-17-1670. Adjustment of assessments upon lands transferred or conveyed. - The board of drainage commissioners during February in each year...

Section 49-17-1680. Correction of assessment books. - The county auditor shall make the original and duplicate assessment...

Section 49-17-1690. Fees of auditor and treasurer. - The county auditor shall receive twenty-five cents for each entry...

Section 49-17-1700. Assessments of less than twenty-five dollars payable in cash. - When the original assessment for drainage purposes is less than...

Section 49-17-1710. Extension of time for payment of assessment. - The board of drainage commissioners may extend the time for...

Section 49-17-1810. Control and supervision after completion; rights of cities and towns. - Whenever any improvement constructed under this chapter is completed it...

Section 49-17-1820. Repairs. - The board of drainage commissioners shall keep the levee, ditch,...

Section 49-17-1830. Penalties for injury to drainage works. - It shall be unlawful for any person to injure, damage...

Chapter 19 - Drainage Districts Under 1920 Act

Section 49-19-10. Chapter declared to be remedial; construction. - This chapter is declared to be remedial in character and...

Section 49-19-20. Provisions of chapter cumulative. - This chapter shall be construed to be cumulative to other...

Section 49-19-30. "Owner" defined. - The word "owner" as used in this chapter shall mean...

Section 49-19-40. "Land" defined. - The term "land" or "lands" as used in this chapter...

Section 49-19-50. Designation of subdrainage districts. - If any drainage district or districts organized or established under...

Section 49-19-60. Bonds required by chapter. - The surety required on any bond required to be given...

Section 49-19-70. Abatement of actions; revival. - No action under the provisions of this chapter shall abate...

Section 49-19-80. Appeal shall not act as supersedeas. - No appeal from any action of the circuit court had...

Section 49-19-90. Obstruction of or injury to drainage works. - Whoever shall wilfully obstruct any canal, drain, ditch or watercourse...

Section 49-19-100. Drainage districts may be used for insuring watershed conservation. - Drainage districts created by authority of this chapter may be...

Section 49-19-110. Drainage districts may enter into agreements with other agencies. - Drainage districts providing for the storage, conservation, utilization and disposal...

Section 49-19-210. Persons by whom and for what purpose districts may be formed. - The State Department of Administration or a majority, either in...

Section 49-19-220. Petition for formation. - For that purpose the Department of Administration or a majority...

Section 49-19-230. Necessity of election. - No drainage district shall be formed, no levy of assessments...

Section 49-19-240. Approvals or consents prerequisite to formation or consolidation. - No drainage district shall be established or consolidated under any...

Section 49-19-250. Notice of filing of petition. - Immediately after such petition shall have been filed, the clerk...

Section 49-19-260. Form of notice. - The notice shall be substantially in the following form which...

Section 49-19-270. Evidence of publication of notice. - The certificate of the clerk or the affidavit of another,...

Section 49-19-280. Jurisdiction of court. - The court of common pleas of the county in which...

Section 49-19-290. Hearing of objections. - Any owner of lands in the proposed district who may...

Section 49-19-300. Decision of court on hearing. - Upon the hearing of the objections, if any have been...

Section 49-19-310. Right of individual petitioner to dismissal; amendment of petition. - No person who signed the petition shall have the right...

Section 49-19-320. Transmittal and filing of order establishing district. - Immediately after the district has been declared a corporation by...

Section 49-19-510. Calling meeting to elect board of supervisors. - Within twenty days after any drainage district shall have been...

Section 49-19-520. Conduct of meeting to elect supervisors. - The landowners when assembled shall organize by the election of...

Section 49-19-530. Quorum at meeting to elect supervisors; procedure if quorum is not present. - The owners of a majority of the acreage included in...

Section 49-19-540. Removal or vacancy in office of appointed supervisor. - Any such supervisor so appointed by the State Director of...

Section 49-19-550. Annual elections of supervisors. - Every year in the same month after the time for...

Section 49-19-560. Vacancy in office of elected supervisors. - In case of a vacancy in an office of supervisor...

Section 49-19-570. Oath of supervisors. - Each supervisor before entering upon his official duties shall take...

Section 49-19-580. Organization of board of supervisors; secretary; seal; records. - The board of supervisors immediately after their election or appointment...

Section 49-19-590. Annual report of supervisors. - The board of supervisors shall report to the landowners at...

Section 49-19-600. Compensation and expenses of supervisors. - The members of the board shall receive their actual expenses...

Section 49-19-610. Appointment of chief engineer; assistants. - Within thirty days after organizing, the board of supervisors shall...

Section 49-19-620. Bond of chief engineer. - Such chief engineer shall enter into a bond with good...

Section 49-19-630. Duties and powers of chief engineer. - The chief engineer shall have control of the engineering work...

Section 49-19-640. Annual report of chief engineer. - The chief engineer shall make a report in writing to...

Section 49-19-650. District treasurer; appointment, duties, and compensation. - The board of supervisors in any drainage district shall select...

Section 49-19-660. Bond of district treasurer. - The district treasurer shall give bond in such amount as...

Section 49-19-670. Attorney for district. - The board of supervisors within thirty days after organizing shall...

Section 49-19-680. Overseers for maintenance. - For the purpose of preserving any ditch, drain, dyke, levee...

Section 49-19-690. Officers and employees subject to removal. - The board of supervisors may at any time remove any...

Section 49-19-700. Offices; supplies. - The board of supervisors shall furnish the secretary and the...

Section 49-19-710. Deputy secretary or treasurer. - The secretary and the district treasurer, or either of them,...

Section 49-19-720. Records of board of supervisors. - The board of supervisors of any district organized under this...

Section 49-19-730. Compensation of district officers and employees and county and court officers. - The board of supervisors, except when otherwise provided, shall by...

Section 49-19-910. Survey and report of engineers. - The chief engineer and the other engineers shall make all...

Section 49-19-920. Action on engineer's report. - Upon receipt of the final report of the engineer concerning...

Section 49-19-930. Appointment of appraisal commissioners; quorum. - Within twenty days after the adoption of the Plan of...

Section 49-19-940. First meeting of appraisal commissioners. - The clerk, upon the filing of such order of appointment,...

Section 49-19-950. Oath and organization of appraisal commissioners. - The commissioners at such meeting, or within ten days thereafter,...

Section 49-19-960. Duties of appraisal commissioners. - Immediately after qualifying, as provided in Section 49-19-950, the commissioners...

Section 49-19-970. Considerations in assessing benefits. - The commissioners in assessing the benefits to lands, public highways,...

Section 49-19-980. Appraisal commissioners may not change Plan of Reclamation. - The commissioners shall have no power to change the Plan...

Section 49-19-990. Report of appraisal commissioners. - The board of commissioners shall prepare a report of their...

Section 49-19-1000. Compensation and expenses of appraisal commissioners. - The board of commissioners shall report to the board of...

Section 49-19-1010. Procedure when report assesses benefit or damages to lands not in district. - In case the report of the commissioners shall contain assessments...

Section 49-19-1020. Notice of filing of report of appraisal commissioners. - Upon the filing of the report of the commissioners the...

Section 49-19-1030. Form of notice of filing of report. - It shall not be necessary for the clerk to name...

Section 49-19-1040. Exceptions to report; hearing. - The board of drainage commissioners, the drainage district or any...

Section 49-19-1050. Dissolution of district if cost adjudged excessive. - If, after determining the objections made to the commissioners' report,...

Section 49-19-1060. Decision of court if cost adjudged not excessive. - If no exceptions are filed or if it is shown...

Section 49-19-1070. Acceptance of assessments of damages; demand for jury. - Any property owner may accept the assessments of damages in...

Section 49-19-1080. Appeal. - Any person or party aggrieved may appeal the final judgment...

Section 49-19-1090. Transmittal and filing of decree and report. - The clerk of the court of common pleas shall transmit...

Section 49-19-1210. Assessment for preliminary expenses. - The board of supervisors of any drainage district organized under...

Section 49-19-1220. Time for payment of assessment; lien. - Such tax shall be due and payable as soon as...

Section 49-19-1230. Disposition of surplus. - In case the sum received for such assessment exceeds the...

Section 49-19-1240. Issuance of notes for services. - The board of supervisors may issue to any person performing...

Section 49-19-1250. Borrowing for preliminary expenses. - If it shall appear necessary to obtain funds to pay...

Section 49-19-1260. Treating preliminary expense when no preliminary assessment is made. - If no assessment for such preliminary expense is made such...

Section 49-19-1270. Excessive or deficient assessments. - If it be determined that such uniform tax has been...

Section 49-19-1280. Refund of assessment. - If it shall be ascertained and determined that any tract...

Section 49-19-1410. Board of supervisors may carry out the Plan of Reclamation. - The board of supervisors of the district may build, construct,...

Section 49-19-1420. Contract for improvements. - The contract shall be in writing and to it shall...

Section 49-19-1430. Chief engineer to be superintendent; reports. - The chief engineer shall be the superintendent of all the...

Section 49-19-1440. General powers of board of supervisors. - In order to effect the drainage, protection and reclamation of...

Section 49-19-1450. Payment for lands taken. - The boards of supervisors of drainage districts organized under this...

Section 49-19-1460. Construction and enlargement of bridges. - All bridges constructed under the provisions of this chapter and...

Section 49-19-1470. Construction or enlargement of bridges when bridge or right of way of corporation affected. - If any such bridge shall belong to any corporation or...

Section 49-19-1480. Ditch or lateral crossing public highway. - Any drainage district may construct and maintain any ditch or...

Section 49-19-1610. Levy of assessments. - After the list of lands with the assessed benefits and...

Section 49-19-1620. Assessment of state lands. - All lands in the district belonging to the State shall...

Section 49-19-1630. "Drainage Tax Record". - The secretary of the board of supervisors, as soon as...

Section 49-19-1640. Determination and levy of annual installments. - The board of supervisors shall each year thereafter determine, order...

Section 49-19-1650. Form of certificate of installment tax. - The certificate of such installment tax shall be in substantially...

Section 49-19-1660. Collection of drainage tax. - The county treasurer of each county in which lands in...

Section 49-19-1670. Bond required of county treasurer. - Before receiving the Drainage Tax Book the county treasurer of...

Section 49-19-1680. Compensation of county treasurer. - The county treasurer shall retain for his service one per...

Section 49-19-1690. Segregation of drainage from other taxes or assessments. - Upon the request of the taxpayer the county treasurer shall...

Section 49-19-1700. Payment when tract divided and sold or transferred during year. - When any tract or part thereof has been divided and...

Section 49-19-1710. Return and payment of taxes collected. - The county treasurer shall make due return of the Drainage...

Section 49-19-1720. Delinquent list; collection of delinquent taxes. - The secretary shall each year, within ten days after the...

Section 49-19-1730. Penalty on delinquent drainage taxes. - All taxes provided for in this chapter remaining unpaid after...

Section 49-19-1740. Penalty for neglect of county treasurer. - If any county treasurer refuses, fails or neglects to make...

Section 49-19-1750. Lien of drainage taxes; penalties and costs. - All drainage taxes provided for in this chapter, together with...

Section 49-19-1760. Form of certificate of lien. - Such lien shall be evidenced by a certificate substantially in...

Section 49-19-1770. Drainage Tax Record filed in clerk's office. - The certificate and tables specified in Section 49-19-1760 shall be...

Section 49-19-1780. Drainage Tax Book as prima facie evidence. - The Drainage Tax Book of the district, as returned by...

Section 49-19-1790. Enforcement of lien. - The liens established and declared in Section 49-19-1750 shall be...

Section 49-19-1800. Sufficiency of allegations in suit to enforce lien. - In such suits it shall be sufficient to allege generally...

Section 49-19-1810. Inclusion of all delinquent lands in suit to enforce lien. - All or any part of such delinquent lands situate in...

Section 49-19-1820. Notice of suit to enforce lien. - Notice of the pendency of such suit shall be given...

Section 49-19-1830. Proceedings to enforce lien be in rem. - The proceedings and any judgment or decree that may be...

Section 49-19-1840. Trial of suit to enforce lien; continuances. - All suits instituted under the preceding sections shall stand for...

Section 49-19-1850. Certain irregularities constitute no defense in suit to enforce lien. - No informality or irregularity in holding any of the meetings...

Section 49-19-1860. Judgment in suit to enforce lien. - When no answer has been filed on or before the...

Section 49-19-1870. Provision in judgment for state and county taxes. - In all judgments, decrees and orders of sale of such...

Section 49-19-1880. Sale and deeds; title; redemption. - If all the lands so advertised for sale be not...

Section 49-19-1890. Sale of lands to district. - When the lands are offered for sale by the sheriff,...

Section 49-19-1900. Suit for collection of delinquent taxes by bondholder. - In case the district shall fail to commence suit within...

Section 49-19-1910. Disposition of proceeds of sale. - The proceeds of sale made under and by virtue of...

Section 49-19-1920. Lien for tax construed as equivalent to mortgage. - This chapter shall be liberally construed so as to give...

Section 49-19-1930. Payment of all assessments in advance. - Any person owning land assessed for the construction of any...

Section 49-19-1940. Deposit of funds. - The district treasurer shall keep all funds received by him...

Section 49-19-1950. Payments by treasurer; form of warrants. - The treasurer of the district shall pay out funds of...

Section 49-19-1960. Audit and report. - The board of supervisors shall audit or have audited the...

Section 49-19-1970. Interest on warrants unpaid for lack of funds. - Any warrant issued under this chapter that is not paid...

Section 49-19-2110. Issuance of bonds authorized; terms and execution. - The board of supervisors may, if in their judgment it...

Section 49-19-2120. Sale of bonds. - All of such bonds shall be executed and delivered to...

Section 49-19-2130. Payment of bonds. - A sufficient amount of drainage tax shall be appropriated by...

Section 49-19-2140. Levy of tax to pay bonds and interest. - The board of supervisors in making the annual tax levy,...

Section 49-19-2150. Additional bond of district treasurer. - The district treasurer shall, at the time of the receipt...

Section 49-19-2160. Report of sales; warrants for payment of bonds and interest. - The district treasurer shall promptly report all sales of bonds...

Section 49-19-2170. Alternative use of bank or depository as temporary treasurer. - If it should be deemed more expedient to the board...

Section 49-19-2180. Use of proceeds of bonds. - The funds derived from the sale of such bonds or...

Section 49-19-2190. Bonds as a lien; mandamus to compel tax levy. - All bonds issued by any board of supervisors under the...

Section 49-19-2310. Levy and collection of Maintenance Tax. - To maintain and preserve the ditches, drains, or other improvements...

Section 49-19-2320. Petition for readjustment of assessments. - Whenever the owners of twenty-five per cent or more of...

Section 49-19-2330. Notice of hearing on petition for readjustment. - Such notice may be in the following form: Notice is...

Section 49-19-2340. Effecting readjustment. - Upon the hearing of the petition if the court shall...

Section 49-19-2350. Readjustment no more than once in five years. - There shall be no such readjustment of benefits oftener than...

Section 49-19-2510. Petition for correction of errors or extension of boundaries. - The board of supervisors or the board of drainage commissioners,...

Section 49-19-2520. Notice of hearing for correction of errors or extension of boundaries. - As soon as such petition shall have been filed the...

Section 49-19-2530. Hearing and decree for correction of errors or extension of boundaries; costs. - Any owner of land or other property located in the...

Section 49-19-2540. Transmittal and filing of petition for correction of errors or extension of boundaries. - The clerk of the court shall, within ten days after...

Section 49-19-2550. Appointment and report of commissioners on correction of errors or extension of boundaries. - If the decree of the court provides that the Plan...

Section 49-19-2560. Consolidation of districts. - Any two or more adjacent districts established under this chapter,...

Section 49-19-2570. Election as prerequisite to consolidation; petition. - In order to effect such a consolidation the board of...

Section 49-19-2580. Notice of hearing on consolidation; objections; decree. - When the petition has been filed the clerk of the...

Section 49-19-2590. Effect of consolidation; election of board of supervisors. - The lands so included in the new district shall be...

Section 49-19-2600. Extension of duration of drainage district. - Whenever the board of supervisors of any district organized under...

Section 49-19-2610. Petition for extension of duration of district; proceedings. - If a majority of the acreage represented at such meeting...

Section 49-19-2620. Addition to Plan of Reclamation. - When the work set out in the Plan of Reclamation...

Section 49-19-2630. Additional tax. - If it should be found at any time that the...

Section 49-19-2640. Connection of existing canals, ditches, or drains with system. - At the time of the construction in any district incorporated...

Section 49-19-2650. Consent of board of supervisors required for connection with system; procedure if consent refused. - No canals, ditches, drains or systems of drainage constructed in...

Section 49-19-2660. Construction of bridge by landowner. - Any owner of land within or without the district may,...

Section 49-19-2680. Reorganization of other drainage districts. - Any drainage district in this State organized under the provisions...

Chapter 23 - South Carolina Drought Response Act

Section 49-23-10. Short title. - This chapter may be cited as the South Carolina Drought...

Section 49-23-20. Definitions. - As used in this chapter: (a) "Department" means the Department...

Section 49-23-30. Duties and authority of department. - The department shall formulate, coordinate, and execute a drought mitigation...

Section 49-23-40. Applicability of chapter. - This chapter applies to all of the water resources in...

Section 49-23-50. Functions of department. - Consistent with the South Carolina Water Resources Planning and Coordination...

Section 49-23-60. Coordination of drought response; establishment of local drought response committees. - (A) The department shall coordinate appropriate drought response upon consultation...

Section 49-23-70. Dissemination of information and promulgation of regulations regarding nonessential water use; declaration of drought management areas. - (A) Upon the inception of a drought alert phase, the...

Section 49-23-80. Emergency action by Governor. - If the Drought Response Committee determines that the severity of...

Section 49-23-90. Authority for local and agency drought response ordinances. - (A) Municipalities, counties, public service districts, special purpose districts, and...

Section 49-23-100. Penalties. - (A) A person violating a provision of this chapter is...

Chapter 25 - Office Of State Climatology

Section 49-25-10. Creation of South Carolina State Climatology Office. - There is created within the Department of Natural Resources the...

Section 49-25-20. Appointment of state climatologist. - The director shall appoint the state climatologist who shall serve...

Section 49-25-30. Powers and duties of office. - The office has the following powers and duties: 1. to...

Section 49-25-40. Certification of copies as authentic reproductions of weather records; presentation of annual report. - The state climatologist may certify copies as being authentic reproductions...

Chapter 27 - Lake Wylie Marine Commission

Section 49-27-10. Definitions. - For purposes of this chapter: (1) "Board" means the board...

Section 49-27-20. Authority to create commission; powers and duties; unilateral withdrawal from commission; dissolution of commission; distribution of property. - The three counties may by joint ordinance create the Lake...

Section 49-27-30. Governing board; appointment and terms of commissioners. - Upon its creation, the commission shall have a governing board...

Section 49-27-40. Compensation and expenses of commissioners, consultants, and staff. - The joint ordinance shall state the terms relating to compensation...

Section 49-27-50. Meetings of governing board; election of chairman and officers; rules and regulations. - Upon creation of the commission, its governing board shall meet...

Section 49-27-60. Powers and duties of commission. - (A) Within the limits of funds available to it and...

Section 49-27-70. Filing and distribution of ordinances or joint resolutions; effective date; admissibility as evidence. - (A) A copy of the joint ordinance creating the commission...

Section 49-27-80. Authority to make regulations; penalties for violations; effective date; notice and filing requirements; publication and filing requirements not prerequisite to validity. - (A) Except as limited in subsection (B) of this section,...

Section 49-27-90. Jurisdiction of law enforcement officers; special officers. - (A) Where a joint ordinance so provides, all law enforcement...

Chapter 28 - Lake Wateree Marine Advisory Commission

Section 49-28-10. Definitions. - For purposes of this chapter: (1) "Board" means the county...

Section 49-28-20. Creation and dissolution of commission. - The three counties may by joint ordinance create the Lake...

Section 49-28-30. Governing board; appointment of members; terms; filling vacancies. - Upon its creation, the commission's governing board must consist of...

Section 49-28-40. Budgetary and accounting procedures. - The commission is governed by budgetary and accounting procedures as...

Section 49-28-50. Meetings; election of officers; adoption of regulations; committees. - Upon creation of the commission, its governing board shall meet...

Section 49-28-60. Powers of commission to hire staff, contract for services, and build and maintain facilities; federal grants; county funding; audits. - (A) Within the limits of funds available to it and...

Section 49-28-70. Joint county ordinances; certification by director; evidence of certification and director's submission for filing. - (A) A copy of the joint ordinance creating the commission...

Section 49-28-80. Recommendations concerning use of Lake Wateree and shoreline area; adoption of joint ordinances; notice, filing, and certified copies of ordinances. - (A) The commission may make recommendations to the counties applicable...

Section 49-28-90. Law enforcement officers; extraterritorial jurisdiction. - (A) All law enforcement officers, or those officers designated in...

Chapter 29 - South Carolina Scenic Rivers Act

Section 49-29-10. Short title. - This chapter may be cited as the "South Carolina Scenic...

Section 49-29-20. Definitions. - Except as otherwise required by the context: (1) "Department" means...

Section 49-29-30. Findings and policy. - The General Assembly finds that certain selected rivers and river...

Section 49-29-40. Types of rivers eligible for inclusion in scenic rivers program. - The following types of rivers are eligible for inclusion in...

Section 49-29-50. Inventory and study of rivers; designation of river as eligible state scenic river; proposals for inclusion of additional rivers. - (A) The department shall inventory and study all South Carolina...

Section 49-29-60. Public meeting on proposed designation of river as scenic river. - The department shall hold a public meeting in the vicinity...

Section 49-29-70. Minimum criteria for assessing river's eligibility for designation as scenic river. - The department shall establish and publish minimum criteria for assessing...

Section 49-29-80. Advisory council for designated scenic river. - After eligibility procedures for a river or river segment are...

Section 49-29-90. Formal action by department required for designation; notice of proposed designation; approval of designation by General Assembly. - No river or river segment may be eligible as a...

Section 49-29-100. Acquisition of lands adjacent to scenic rivers; donations; requirements; tax treatment of donations; reports; liability of title holders. - After ratification by the General Assembly of the designation of...

Section 49-29-110. Scenic Rivers Trust Fund. - There is created the Scenic Rivers Trust Fund which must...

Section 49-29-120. Acquisition of land by eminent domain prohibited. - The lands to be placed in the Scenic Rivers Program...

Section 49-29-130. Title of donated land reverts back to donor. - Whenever land or a portion of it donated pursuant to...

Section 49-29-140. Applicable policies for managing scenic rivers. - Management of scenic river areas may differ in degree within...

Section 49-29-150. Application of provisions regarding restrictive use or zoning of lands. - The provisions of this chapter regarding restrictive use or zoning...

Section 49-29-160. Comprehensive water and related land use plans. - The department shall formulate comprehensive water and related land use...

Section 49-29-170. Access on, over, or under designated rivers by sellers of electric energy, natural gas, or communication services; certificate of consistency. - Sellers of electric energy, natural gas, or communication services may...

Section 49-29-180. Administration of chapter; regulations; restrictions on management of scenic rivers. - The department shall administer the provisions of this chapter. The...

Section 49-29-190. Agreements for mutual management of scenic rivers; certain agencies to assist department - The department may enter into agreements with local, state, and...

Section 49-29-200. Enforcement of provisions of chapter. - The Natural Resources Enforcement Division of the Department of Natural...

Section 49-29-210. Penalties for violations of chapter. - A person who violates a provision of this chapter, the...

Section 49-29-220. Camping activities encouraged at scenic rivers. - To the extent practicable and consistent with the objectives of...

Section 49-29-230. Portions of Little Pee Dee, Broad, Saluda, Lynches, Ashley, Black, Great Pee Dee, and Catawba Rivers designated scenic rivers. - The following are designated as scenic rivers: (1) that portion...

Chapter 30 - Public Waters Nuisance Abatement Act

Section 49-30-10. Citation of act. - This chapter may be referred to and cited as the...

Section 49-30-20. Legislative intent. - The General Assembly finds and declares that structures located upon...

Section 49-30-30. Definitions. - As used in this chapter, the term: (1) "Department" means...

Section 49-30-40. Public Waters Nuisance Abatement Fund. - The Public Waters Nuisance Abatement Fund is created solely to...

Section 49-30-50. Permit to maintain existing structure. - An owner of a structure existing on March 21, 2007,...

Section 49-30-60. Permit application; fee; conditions; time for filing; grounds for revocation. - (A) For the privilege of maintaining a structure in its...

Section 49-30-70. Identification and removal of unpermitted structures; notice of proceeding. - (A) An unpermitted structure is declared to be a public...

Section 49-30-80. Removal of unpermitted structures; FERC licensees; recovery of costs. - (A) The department must contract to remove unpermitted structures pursuant...

Section 49-30-90. Magistrate court jurisdiction; offenses and penalties. - (A) Notwithstanding Chapter 3, Title 22, magistrates court shall have...

Chapter 33 - Lake Paul A. Wallace Authority

Section 49-33-10. Definitions. - As used in this chapter, unless the context otherwise requires:...

Section 49-33-20. Creation of Lake Paul A. Wallace Authority; functions. - (A) There is hereby created a body corporate and politic...

Section 49-33-30. Membership of authority. - (A) The authority shall be composed of seven members appointed...

Section 49-33-40. Per diem and mileage. - (A) The members of the authority, at the discretion of...

Section 49-33-50. Convening the authority. - The authority shall convene upon the call of the chairman...

Section 49-33-60. Filing of certificates. - The secretary of the authority shall file in the offices...

Section 49-33-70. Powers of authority. - The authority has the following powers to: (1) have perpetual...

Section 49-33-80. Authority empowered to receive and spend funds. - The authority is empowered to receive and spend any funding...

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South Carolina Code of Laws Title 49 - Waters, Water Resources and Drainage

South Carolina Code of Laws
Title 49 - Waters, Water Resources and Drainage