South Carolina General Assembly
105th Session, 1983-1984

Bill 2707


                    Current Status

Bill Number:               2707
Ratification Number:       67
Act Number                 39
Introducing Body:          House
Subject:                   Consent of a municipality to work on
                           state highways
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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A39, R67, H2707)

AN ACT TO AMEND SECTIONS 57-5-820 and 57-5-830, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONSENT OF A MUNICIPALITY TO WORK ON STATE HIGHWAYS WITHIN THE MUNICIPALITY AND TO APPROVAL OF PLANS, SO AS TO PROVIDE THAT THE CONSENT OF A MUNICIPALITY AND APPROVAL OF PLANS SHALL NOT APPLY TO BRIDGES CERTIFIED AS FUNCTIONALLY OBSOLETE OR STRUCTURALLY DEFICIENT IF THE BRIDGE CROSSES THE INTRACOASTAL WATERWAY.

Be it enacted by the General Assembly of the State of South Carolina:

Definitions

SECTION 1. Section 57-5-820 of the 1976 Code is amended to read:

"Section 57-5-820. As used in this section and Section 57-5-830:

'Structurally deficient' means not adequate to handle the vehicle weights authorized on roads leading to them.

'Functionally obsolete' means narrow clearances or sharp roadway approach angles that make passage difficult or hazardous, or with too few lanes for existing traffic needs.

All work to be performed by the Department on state highways within a municipality must be with the consent and approval of the proper municipal authorities, except that work performed or to be performed on a bridge and its approaches, certified by the Department as functionally obsolete or structurally deficient, to remove, replace, or improve such bridge and its approaches shall not require prior consent and approval of a municipal authority if the bridge crosses the intracoastal waterway."

Review of plans

SECTION 2. Section 57-5-830 of the 1976 Code is amended to read:

"Section 57-5-830. In every case of a proposed permanent improvement, construction, reconstruction, or alteration by the Department of any highway or highway facility within a municipality, the municipality may review and approve the plans before the work is started; except that a municipality may not have the right to review and approve plans to remove, replace, or improve a bridge and its approaches within its limits where such bridge and its approaches have been certified by the Department to be functionally obsolete or structurally deficient and if the bridge crosses the intracoastal waterway."

Time effective

SECTION 3. This act shall take effect upon approval by the Governor.