| Printed Page 3770, June 1 | Printed Page 3790, June 1 |

(4) any federal health care facility sponsored and operated by this State;

(5) community-based housing designed to promote independent living for persons with mental or physical disabilities. This does not include a facility defined in this article as a `health care facility'."

SECTION 211. Section 44-23-10(9) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"(9) `Director' means the Director of the Department of Mental Health, except when used as provided in item (8)."

SECTION 212. Section 44-38-380(A)(1)(i) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"(i) Executive Director of the South Carolina State Department of Health and Human Services Finance Commission;"

SECTION 213. Section 44-40-60 of the 1976 Code is amended to read:

"Section 44-40-60. With the cooperation of the Department of Health and Environmental Control and the Department Division of Veterans Affairs in the Office of the Governor, the council:

(1) shall make an annual report to the General Assembly containing:

(a) a comprehensive review and summary analysis of the scientific literature on the effects of exposure to chemical agents, including Agent Orange;

(b) a summary of the activities undertaken to inform and assist veterans who may have been exposed to chemical agents, including Agent Orange;

(c) a description and interpretation of the results of any study undertaken pursuant to this chapter;

(d) other comments or recommendations the council considers appropriate.

(2) may hold hearings consistent with the purposes of this chapter. To assist it in carrying out these functions, the council may contract for an evaluation of the performance of the Department of Health and Environmental Control and the Department Division of Veterans Affairs in implementing this chapter and may contract for the compilation and editing of the annual report."

SECTION 214. Section 44-53-480(a)(1) and (2) of the 1976 Code are amended to read:

(2) Assist the Commission Department of Alcohol and Other Drug Abuse Services in planning and coordinating training programs on law enforcement for controlled substances at the local and state level."

SECTION 215. Section 44-53-490 of the 1976 Code is amended to read:

"Section 44-53-490. The Department of Health and Environmental Control shall designate persons holding a degree in pharmacy to serve as drug inspectors. Such These inspectors shall, from time to time, but no less than once every three years, shall inspect all practitioners and registrants who manufacture, dispense, or distribute controlled substances, including those persons exempt from registration but who are otherwise permitted to keep controlled substances for specific purposes. The drug inspector shall submit an annual report by the first day of each year to the Department department and a copy to the Commission on Department of Alcohol and Other Drug Abuse Services specifying the name of the practitioner or the registrant or such the exempt persons inspected, the date of inspection and any other violations of this article.

The department may employ other persons as agents and assistant inspectors to aid in the enforcement of those duties delegated to the department by this article."

SECTION 216. Section 44-53-500(b)(2) of the 1976 Code is amended to read:

"(2) When so authorized by an administrative inspection warrant issued pursuant to this section, an officer or employee designated by the Commission on Department of Alcohol and Other Drug Abuse Services, upon presenting the warrant and appropriate credentials to the owner, operator, or agent in charge, may enter controlled premises for the purpose of conducting an administrative inspection."

SECTION 217. Section 44-53-720(a) of the 1976 Code is amended to read:

"(a) To use in treatment, maintenance or detoxification programs in the State Department of Mental Health facilities or programs approved by the South Carolina Commission on Alcohol and Drug Abuse and licensed by the South Carolina Department of Mental Health."

SECTION 218. Section 48-9-30 of the 1976 Code, as last amended by Act 181 of 1993, is further amended by adding an appropriately numbered item to read:

SECTION 219. Article 3, Chapter 9, Title 48 of the 1976 Code is amended by adding:

"Section 48-9-215. (A) The State Land Resources and Conservation Districts Advisory Council is established consisting of the five commissioners provided for in Section 48-9-225. The council members must be appointed by the Governor for four years on the recommendation of the executive committee of the South Carolina Association of Soil and Water Conservation District Commissioners and serve until their successors are appointed and qualify. Vacancies must be filled in the manner of the original appointment for the unexpired term. A member may not succeed himself after he has served one full four-year term.

(B) The Governor shall name the chairman of the advisory council. A majority of the advisory council constitutes a quorum, and the concurrence of a majority in a matter within the council's duties is required for the matter's determination.

(C) The members of the advisory council may receive no compensation for their services on the council but may receive expenses, including travel expenses, necessarily incurred in the discharge of their duties on the council.

(D) The council shall advise the department and the division on standards, rules, regulations, or other matters related to land resources and conservation districts.

Section 48-9-225. For the purpose of selecting the five soil and water conservation district commissioners to serve as members of the advisory council, the State is divided into the following five areas:

(1) Area 1: Abbeville, Anderson, Cherokee, Greenville, Laurens, Oconee, Pickens, Spartanburg, and Union counties;

(2) Area 2: Aiken, Calhoun, Edgefield, Greenwood, Lexington, McCormick, Newberry, Richland, and Saluda counties;

(3) Area 3: Chester, Chesterfield, Darlington, Fairfield, Kershaw, Lancaster, Lee, Marlboro, and York counties;

(4) Area 4: Berkeley, Clarendon, Dillon, Florence, Georgetown, Horry, Marion, Sumter, and Williamsburg counties;

(5) Area 5: Allendale, Bamberg, Barnwell, Beaufort, Charleston, Colleton, Dorchester, Hampton, Jasper, and Orangeburg counties."

SECTION 220. Section 48-9-610 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

SECTION 221. Section 48-9-1210 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 48-9-1210. The two commissioners appointed by the board shall, upon the recommendation of the advisory council, must be persons who are by training and experience are qualified to perform the specialized skilled services which will be required of them in the performance of their duties under this chapter."

SECTION 222. Section 48-9-1230 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 48-9-1230. Except as otherwise provided in Section 48-9-1220, the term of office of each commissioner is four years, except that in newly created districts the elected commissioners' terms of office are until the next regular election is held under the provisions of Section 48-9-1220 and the first appointed commissioners must be designated to serve for terms of one and two years, respectively, from the date of their appointment. A commissioner shall hold holds office until his successor has been is elected or appointed and has qualified. Vacancies must be filled for the unexpired term. The selection of successors to fill an unexpired term, or for a full term, must be made in the same manner in which the retiring commissioners shall, respectively, have been are selected, except that in the case of. However, for a vacancy in the unexpired term of an elected commissioner, a successor may be appointed by the board upon the recommendation of the advisory council and upon the unanimous recommendation of the remaining commissioners of the district. Any A commissioner may be removed by the board after consultation with the advisory council upon notice and hearing for neglect of duty or malfeasance in office, but for no other reason."

SECTION 223. Section 48-9-1820 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 48-9-1820. Members of the board advisory council and the commissioners of the district shall be are ineligible to appointment as members of the board of adjustment during their tenure of such the other office. The members of the board of adjustment shall receive compensation for their services at a per diem rate to be determined by the department for time spent on the work of the board, in addition to expenses, including traveling expenses, necessarily incurred in the

SECTION 224. Section 48-9-1840 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 48-9-1840. A land occupier may file a petition with the board of adjustment alleging that there are great practical difficulties or unnecessary hardships in the way of his carrying out upon his lands the strict letter of the land-use regulations prescribed by ordinance approved by the commissioners and praying the board to authorize a variance from the terms of the land-use regulations in the application of such the regulations to the lands occupied by the petitioner. Copies of such the petition shall must be served by the petitioner upon the chairman of the commissioners of the district within which his lands are located and upon the director of the department."

SECTION 225. Section 48-9-1850 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 48-9-1850. The board of adjustment shall fix a time for the hearing of the petition and cause due notice of such the hearing to be given. The commissioners of the district and the department may appear and be heard at such the hearing. Any An occupier of lands lying within the district who shall object objects to the authorizing of the variance prayed for may intervene and become a party to the proceedings. Any A party to the hearing before the board of adjustment may appear in person, by agent, or by attorney. If, upon the facts presented at such the hearing, the board shall determine that determines there are great practical difficulties or unnecessary hardships in the way of applying the strict letter of any of the land-use regulations upon the lands of the petitioner, it shall make and record such the determination and shall make and record findings of fact as to the specific conditions which establish such the great practical difficulties or unnecessary hardships. Upon the basis of such the findings and determination, the board of adjustment may by order may authorize such the variance from the terms of the land-use regulations, in their application to the lands of the petitioner, as will relieve such the great practical difficulties or unnecessary hardships and will not be contrary to the public interest and such that so the spirit of the land-use regulations shall be is observed, the public health, safety and welfare secured, and substantial justice done."

SECTION 226. Section 48-39-150(D) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

SECTION 227. Section 48-39-210 of the 1976 Code, as last amended by Acts 127 and 181 of 1993, is further amended to read:

"Section 48-39-210. (A) The department is the only state agency with authority to permit or deny any alteration or utilization within the critical area except for the exemptions granted under Section 48-39-130(D), and the application for a permit must be acted upon within the time prescribed by this chapter.

(B) A critical area delineation for coastal waters or tidelands established by the department is valid only if the line is depicted on a survey performed by a professional surveyor, the line is reviewed by the department, the department validates the location of the boundaries of the coastal waters or tidelands critical area on the survey by affixing a stamp and date to the survey, and the survey contains clearly on its face in bold type the following statement:

`The area shown on this plat is a general representation of Coastal Council Department of Health and Environmental Control (department) permit authority on the subject property. Critical areas by their nature are dynamic and subject to change over time. By generally delineating the permit authority of the Coastal Council department, the Coastal Council department in no way waives its right to assert permit jurisdiction at any time in any critical area on the subject property, whether shown hereon or not.'

(C) Notwithstanding any other provision of this chapter, a critical area line established pursuant to subsection (B) that affects subdivided residential lots expires after three years from the department date on the survey described in subsection (B). For purposes of this section only, a

(D) Exceptions to subsection (C) are eroding coastal stream banks where it can be expected that the line will move due to the meandering of the stream before the expiration of the three-year time limit and where manmade alterations change the critical area line."

SECTION 228. Section 48-39-280(A)(4) and (E) of the 1976 Code, as last amended by Act 181 of 1993, are further amended to read:

"(4) Notwithstanding any other provision of this section, where a department-approved beach nourishment project has been completed, the local government or the landowners, with notice to the local government, may petition an Administrative Law Judge the department to move the baseline as far seaward as the landward edge of the erosion control structure or device or, if there is no existing erosion control structure or device, then as far seaward as the post project baseline as determined by the department in accordance with Section 48-39-280(A)(1) by showing that the beach has been stabilized by department-approved beach nourishment. If the petitioner is asking that the baseline be moved seaward pursuant to this section, he must show an ongoing commitment to renourishment which will stabilize and maintain the dry sand beach at all stages of the tide for the foreseeable future. If the Administrative Law Judge department grants the petition to move the baseline seaward pursuant to this section, no new construction may occur in the area between the former baseline and the new baseline for three years after the initial beach nourishment project has been completed as determined by the department. If the beach nourishment fails to stabilize the beach after a reasonable period of time, the department must move the baseline landward to the primary oceanfront sand dune as determined pursuant to items (1), (2), and (3) for that section of the beach. Any appeal of an Administrative Law Judge's the department's decision under this section may be made to the Coastal Zone Management Appellate Panel pursuant to Section 48-39-150(D).

(E) A landowner claiming ownership of property affected who feels that the final or revised setback line, baseline, or erosion rate as adopted is in error, upon submittal of substantiating evidence, must be granted a review of the setback line, baseline, or erosion rate, or a review of all three pursuant to Section 48-39-150(D). The requests must be forwarded to the Coastal Zone Management Appellate Panel and handled in accordance with the department's regulations on appeals."

SECTION 229. Section 48-39-290(D) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

(1) If an applicant requests a permit to build or rebuild a structure other than an erosion control structure or device seaward of the baseline that is not allowed otherwise pursuant to Sections 48-39-250 through 48-39-360, the department may issue a special permit to the applicant authorizing the construction or reconstruction if the structure is not constructed or reconstructed on a primary oceanfront sand dune or on the active beach, and, if the beach erodes to the extent the permitted structure becomes situated on the active beach, the permittee agrees to remove the structure from the active beach if the department orders the removal. However, the use of the property authorized under this provision, in the determination of the department, must not be detrimental to the public health, safety, or welfare.

(2) The department's Permitting Committee is the committee to consider applications for special permits.

(3)(2) In granting a special permit, the committee department may impose reasonable additional conditions and safeguards as, in its judgment, will fulfill the purposes of Sections 48-39-250 through 48-39-360.

(4)(3) A party aggrieved by the committee's department's decision to grant or deny a special permit application may appeal to the full Coastal Zone Management Appellate Panel the decision pursuant to Section 48-39-150(D)."

SECTION 230. Section 48-49-70 of the 1976 Code is amended to read:

"Section 48-49-70. (a)(A) The Department of Parks, Recreation and Tourism Natural Resources shall identify the protected mountain ridge crests in each county by showing them on a map or drawing, describing them in a document, or any combination thereof. These maps, drawings, or documents shall identify the protected mountain ridges as defined in Section 48-49-30 and such other mountain ridges as any county may request, and shall specify those protected mountain ridges that serve as all or part of the boundary line between two counties. By January 1, 1985, the map, drawing, or document tentatively identifying the protected mountain ridge crests of each county must be filed with the governing body of that county, with the municipal governing body of each municipality that requests it, and with the register of mesne conveyances or the clerk of court in the county where the land lies, and made available for inspection at the Department's offices in Columbia.

(b)(B) Determinations by the Department of elevations under this section are conclusive in the absence of fraud."

"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 Department of Health and Environmental Control. 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) Except as otherwise provided herein, no person may erect, construct, or build any structure or works in a navigable stream without securing a permit from the Department of Health and Environmental Control.

(C) The Department of Health and Environmental Control may issue a permit 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 department 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. The proposed project will not violate water quality standards for the watercourse in question.

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

(C)(D) The Attorney General shall represent before any federal agency the department, if so requested by the department, respecting the same application."

SECTION 232. Chapter 3 of Title 49 of the 1976 Code is amended by adding:

SECTION 233. Section 49-7-70(20) of the 1976 Code is amended to read:

"(20) To exercise the power of eminent domain for any a corporate function. The power of eminent domain may be exercised through any a procedure prescribed by Chapter 5, Title 28, or by following the procedure for the exercise of eminent domain by the State Highway Department Department of Transportation, prescribed by Article 3, Chapter 5, Title 57, as such the statutes are now constituted or as they may afterwards be constituted following any amendments thereto."

SECTION 234. Section 50-3-90 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 50-3-90. The authorized agents of the department may conduct game and fish cultural operations and scientific investigations in such manner, places and at such times as are considered necessary and may use whatever methods are deemed advisable for sampling fish populations. Such operations and investigations shall be conducted only at the request of and with the permission from the board department, and no such operations and investigations shall be made upon private lands and waters except at the request of the owner or owners of such lands and waters."

SECTION 235. Section 50-3-310 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 50-3-310. The director shall appoint the enforcement officers of the Natural Resources Enforcement Division, subject to their receiving a commission from the Governor. An enforcement officer shall be issued a commission by the Governor upon the recommendation of the director. An enforcement officer may be removed by the board director upon proof satisfactory to it the director that he the enforcement officer is not fit for the position."

| Printed Page 3770, June 1 | Printed Page 3790, June 1 |

This web page was last updated on Monday, June 29, 2009 at 2:12 P.M.