South Carolina General Assembly
112th Session, 1997-1998

Bill 878


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                       878
Type of Legislation:               General Bill GB
Introducing Body:                  Senate
Introduced Date:                   19980114
Primary Sponsor:                   Wilson 
All Sponsors:                      Wilson, Reese, Gregory, Cork
                                   and Russell 
Drafted Document Number:           dka\4701cm.98
Residing Body:                     Senate
Current Committee:                 Transportation Committee 15
                                   ST
Subject:                           Transportation Department not
                                   to cut down certain trees unless
                                   significant risk to motorists;
                                   Forestry, Conservation



History


Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________

Senate  19980114  Introduced, read first time,             15 ST
                  referred to Committee
Senate  19971215  Prefiled, referred to Committee          15 ST

View additional legislative information at the LPITS web site.


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

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-3-645 SO AS TO PROHIBIT THE DEPARTMENT OF TRANSPORTATION FROM CUTTING A TREE TWENTY-FOUR INCHES OR MORE IN DIAMETER AT BREAST HEIGHT OR DAMAGING ITS ROOT SYSTEM UNLESS IT PRESENTS A SIGNIFICANT RISK TO MOTORISTS AND THERE IS NO ALTERNATIVE AND TO PROVIDE FOR A HEARING AND AN APPEAL BEFORE ACTION IS TAKEN; AND TO PROVIDE THAT THE DEPARTMENT SHALL CONDUCT A PILOT PROJECT ALLOWING PRIVATE ORGANIZATIONS TO PLANT TREES ALONG CERTAIN HIGHWAYS.

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

SECTION 1. The 1976 Code is amended by adding:

"Section 57-3-645. (A) Pursuant to the authority of the Department of Transportation to construct and maintain public highways and bridges, a tree twenty-four inches or more in diameter at breast height must not be cut nor may action be taken which may damage the tree's root system unless it presents a significant risk to motorists and no alternative reasonably reduces the risk.

(B) If the department determines that a tree presents a significant risk to motorists, and no alternative reasonably reduces the risk, the department shall hold a public hearing in accordance with the State Administrative Procedures Act in a location convenient to a person residing in the area in which the tree is located. The department shall give notice of the hearing by mail to the owners of property adjacent to the property upon which the tree is located and in a newspaper of general circulation in the area at least thirty days before the hearing. The department shall consider all information presented at the hearing, particularly alternatives to removal of the tree or modification of the root system, in making its final determination. The department's decision may be appealed pursuant to the Administrative Procedures Act."

SECTION 2. The Department of Transportation shall conduct a pilot project in one county allowing private organizations to plan trees along interstate and other state highways.

SECTION 3. This act takes effect upon approval by the Governor.

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