South Carolina General Assembly
106th Session, 1985-1986

Bill 2346

                    Current Status

Bill Number:               2346
Ratification Number:       135
Act Number:                91
Introducing Body:          House
Subject:                        Determinations concerning
                           encroachments over state-owned lands of
                           natural or cultural
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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A91, R135, H2346)

AN ACT TO AMEND CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 10-1-135 SO AS TO PROVIDE THAT AGENCIES SHALL MAKE DETERMINATIONS CONCERNING ENCROACHMENTS OVER STATE-OWNED LANDS OF NATURAL OR CULTURAL SIGNIFICANCE.

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

Easements, rights-of-way, or other encroachments

SECTION 1. The 1976 Code is amended by adding:

"Section 10-1-135. For easements, rights of way, or any other encroachment on or over any state park, state forest, state historic area, state wildlife refuge or preserve, Heritage Trust Site, or other state-owned lands of natural significance the responsible management agency shall, in addition to the provisions of Section 10-1-130, make the following determinations prior to requesting approval from the State Budget and Control Board:

(a) There is an important public necessity for the encroachment;

(b) Alternative routes or locations not on state property are neither prudent nor feasible, and the proposed encroachment is not disruptive of the existing or planned uses of the state property;

(c) The entity responsible for the encroachment shall make reasonable mitigation of the impacts of the proposed encroachment, upon the recommendation of the governing body of the responsible management agency."

Time effective

SECTION 2. This act shall take effect upon approval by the Governor.