Current Status Introducing Body:House Bill Number:4408 Primary Sponsor:Rhoad Committee Number:20 Type of Legislation:GB Subject:Forester, to authorize burning of certain areas Residing Body:House Current Committee:Agriculture, Natural Resources, and Environmental Affairs Computer Document Number:NO5/8063.BD Introduced Date:Feb 12, 1992 Last History Body:House Last History Date:Feb 12, 1992 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Rhoad Harrelson Harrison Smith McLeod Sharpe Stone Riser Fulmer Corning H. Brown Shissias Snow Wofford Phillips Glover P. Harris Wilder Wilkes Byrd Cobb-Hunter Waites Council Inabinett McGinnis Quinn Taylor Type of Legislation:General Bill
Bill Body Date Action Description CMN
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4408 House Feb 12, 1992 Introduced, read first time, 20
referred to Committee
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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-35-15 SO AS TO REQUIRE PERSONS TO OBTAIN AUTHORIZATION FROM THE STATE FORESTER OR HIS REPRESENTATIVE BEFORE BURNING CERTAIN AREAS; TO AMEND SECTION 48-35-10, RELATING TO THE PROHIBITION ON STARTING FIRES, SO AS TO REVISE THE CONDITIONS UNDER WHICH A FIRE MAY BE STARTED; AND TO AMEND SECTION 48-35-60, RELATING TO PENALTIES FOR BURNING, SO AS TO INCREASE THE MONETARY PENALTIES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 48-35-15. In addition to complying with other provisions of this chapter, authorization must be obtained from the State Forester or his authorized representative before burning woodlands, brushlands, grasslands, croplands, ditchbanks, or hedgerows or burning vegetative debris for agricultural, forestry, or wildlife management purposes. Requests for authorization may be made by telephone to the State Forester or his representative. Persons requesting authorization shall provide all information required by the State Forester including, but not limited to, smoke management data and the name of the person responsible. The State Forester or his representative may withhold or cancel authorizations when considered necessary in the interest of public health and safety."
SECTION 2. Section 48-35-10 of the 1976 Code is amended to read:
"Section 48-35-10. It shall be is unlawful for any an owner or a lessee of land or any, his employee of such owner or lessee, or other person to start, or cause to be started, a fire in any woodlands, brushlands, grasslands, croplands, ditchbanks, or hedgerows or in any adjacent debris, leaves, or other flammable material adjacent thereto, except under the following conditions:
(a) Proper notification shall be given to the State Forester, or his duly authorized representative or other persons designated by the State Forester. The notice shall contain all information required by the State Forester or his representative.
(b) Such persons shall have cleared around
(1) The area to be burned must be enclosed by a natural or constructed firebreak, and have immediately available sufficient equipment and personnel must be available to adequately secure control the fire adequately and prevent its spread.
(2) The burning must be conducted in accordance with related local ordinances and state laws and regulations.
(c)(3) The person starting the burning shall supervise it carefully the fire started and have it the fire under control prior to before leaving the area."
SECTION 3. Section 48-35-60 of the 1976 Code is amended to read:
"Section 48-35-60. Any A person violating the provisions of this chapter shall be deemed is guilty of a misdemeanor and, upon conviction, shall must be fined not less than ten dollars twenty-five nor more than one two hundred dollars or imprisoned for not less than ten days nor more than thirty days. For any a second or subsequent offense, a fine of not less than twenty-five dollars one hundred nor more than three five hundred dollars or imprisonment for not more than six months may be imposed in the discretion of the court. `Subsequent offense', as used in this section, shall mean means an offense committed within ten years of a previous offense. Violations of this chapter are within magistrate's jurisdiction."
SECTION 4. This act takes effect upon approval by the Governor.