South Carolina General Assembly
106th Session, 1985-1986

Bill 3773

                    Current Status

Bill Number:               3773
Ratification Number:       562
Act Number:                489
Introducing Body:          House
Subject:                   To require a permit from the State Budget
                           and Control Board prior to building any
                           structure to dam or impound waters of a
                           navigable stream or to divert waters from a
                           navigable stream to generate
                           hydroelectricity
View additional legislative information at the LPITS web site.

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A489, R562, H3773)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 49-1-15 SO AS TO REQUIRE A PERMIT FROM THE STATE BUDGET AND CONTROL BOARD PRIOR TO BUILDING ANY STRUCTURE TO DAM OR IMPOUND WATERS OF A NAVIGABLE STREAM OR TO DIVERT WATERS FROM A NAVIGABLE STREAM TO GENERATE HYDROELECTRICITY AND TO PROVIDE AN EXCEPTION TO PROJECTS SUBJECT TO CHAPTER 33 OF TITLE 58 (UTILITY FACILITY SITING AND ENVIRONMENTAL PROTECTION ACT) AND TO EXEMPT PROJECTS WHERE THE PROJECT DEVELOPER WITHOUT EXERCISING CONDEMNATION IS THE EXISTING OWNER AND PROJECTS WHICH DO NOT EXCEED SIXTY ACRES INCLUDING IN BOTH CASES INUNDATED LAND.

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

Permit required

SECTION 1. The 1976 Code is amended by adding:

"Section 49-1-15. (A) Except as otherwise provided herein, no person may erect, construct, or build any structure or works in order to dam or impound the waters of a navigable stream or any waters which are tributary to a navigable stream for the purpose of generating hydroelectricity without securing a permit from the State Budget and Control Board pursuant to Section 1-11-75. No person may divert waters from any navigable stream of this State for the purpose of generating hydroelectricity without securing a permit from the State Budget and Control Board pursuant to Section 1-11-75. Any projects that are subject to Chapter 33 of Title 58 of the Utility Facility Siting and Environmental Protection Act are exempted from this section. Further exempted are projects where the project developer without exercising condemnation authority is the existing owner of the property upon which the project is to be constructed and projects which do not exceed sixty acres including in both cases inundated land.

(B) The State Budget and Control Board may issue a permit pursuant to Section 1-11-75 for the projects in this subsection after a thorough review of the proposed project and a finding that it meets any regulations of the board and the following standards:

(1) The proposed project does not halt or prevent navigation by watercraft of the type ordinarily frequenting the reach of the watercourse in question.

(2) The projects proposed for shoaled areas of the watercourse provide a means of portage or bypass of the project structure.

(3) The need for the proposed project far outweighs the historical and current uses of the stream in question.

(4) The impact of the proposed project will not threaten or endanger plant or animal life.

(5) The recreational and aesthetic benefits or detriments caused by the proposed project do not alter the watercourse or damage riparian lands.

(C) The Attorney General shall represent before any federal agency the State Budget and Control Board's reason for denying a permit respecting the same application. In the event the State Budget and Control Board has not acted to permit or deny the application the Attorney General shall take a position adverse to the permit applicant."

Time effective

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