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1. To review the inventories prepared and submitted by the department and other state agencies as well as other appropriate sources of information and to recommend therefrom to the board of the department the selection of those areas and features as priority areas and features that it deems considers to be of primary importance to the goals and purposes of this chapter.

2. To evaluate, review and examine proposals of the department and other state agencies as well as citizen recommendations for the dedication or recognition of specific areas and features as Heritage Trust Preserves and Sites, and from its expertise to recommend to the board of the department the dedication or recognition of such areas and features which it feels proper.

3. To recommend to the board of the department any rules, regulations, management criteria, allowable uses and such which the advisory board feels would be beneficial to carrying out the goals and purposes of this chapter.

4. To appoint technical committees consisting of experts in specialty areas dealing with the ecology, history, and archeology of our State and any other type committees that the advisory board feels can be of assistance in fulfilling its duties and responsibilities under this chapter.

5. To assist in maintaining a list of areas and sites which through dedication become Heritage Trust Preserves or Sites and to make public information regarding their location, management, regulation, and permissible public uses and the like.

6. To authorize research and investigation for inventory and assessment purposes, including the reasonable right of entry and inspection, and to disseminate information and recommendations pertaining to natural and related cultural areas and features.

Section 50-27-70. The department shall act as the basic staff for the board of the department and the advisory board and shall have the following powers and duties:

1. The director shall select a member of his staff who shall be primarily responsible for the administration of the Heritage Trust Program.

2. The department shall supply such other staff and support services as the board of the department and the advisory board require to fulfill their duties and responsibilities under this chapter.

3. The department shall maintain a public record of any inventories or lists established under this chapter.

5. The department shall consult with and work in cooperation with the Department of Archives and History, the State Archeologist, the Department of Parks, Recreation and Tourism and any other state, county, or local unit of government, or any private entity, or group which is or should be directly involved in the Heritage Trust Program as well as in any particular efforts to preserve or protect any specific area or feature under the provisions of this chapter. In all cases, the department shall attempt to avoid duplication of effort with other agencies and groups and shall have no mandatory authority hereunder to require action by any such body.

Section 50-27-80. Upon recommendation of the advisory board and approval by the board of the department, any area or feature on the `Priority Areas and Features List' may be established as a Heritage Preserve through the process of dedication. In addition to the transfer of either the fee simple interest or a lesser interest therein such as an open space easement, the owner of any such area or feature must enter into a written `Dedication Agreement' with the department whereby any restrictions, conditions, permissive and nonpermissive uses of the area or feature involved are clearly stated. Once the necessary deed, easement or the like has been filed along with the `Dedication Agreement' in the real estate records for the county in which the area or feature is located, the process of dedication shall be complete and a Heritage Preserve shall have formally been established.

No area or feature of primarily cultural significance or character shall be dedicated unless the Archives and History Commission approves thereof. The following restrictions shall apply to all Heritage Preserves:

1. The primary dedication as a Heritage Preserve shall be to preserve and protect the natural or cultural character of any area or feature so established. The board of the department and its agents shall in all cases maintain the essential character of any area or feature dedicated, and as such they are hereby declared to be at their highest, best and most important use for the public benefit. No Heritage Preserve shall be taken for any other public purpose unless the approval of both the board of the department and the Governor has been obtained. In no case shall any Heritage Preserve be taken for any private use.

3. In any case where an area or feature is dedicated as a Heritage Preserve through acceptance of less than the fee simple interest therein, no management of such property shall be performed by state agencies or their employees and no public funds shall be utilized in the upkeep or general maintenance of such property; provided, in the case where public usage of such area or feature is compatible and consistent with the natural character of the property and the owner is agreeable to allow such as defined under this chapter, reasonable costs of maintenance and management may be borne by the State.

4. No acquisition of any area or feature as a Heritage Preserve shall be allowed whereby the department receives the fee simple interest in the property while the grantor or transferor retains the beneficial use or interests in the land except where total and complete public usage of the area or feature as allowed under this chapter is agreed to in the `Dedication Agreement'.

5. Within ninety days from the date of the completion of the dedication process by which an area or feature is established as a Heritage Preserve, or as soon thereafter as possible, the department shall recommend a management plan for the area or feature concerned. Such proposed plan shall include recommendations as to the uses and nonuses to which the property should be put, recommendations as to whether all or a part of the area or feature is deserving of increased protection through inclusion in the Heritage Trust, the projected cost of the management of the property, and recommendations as to whether or not a user fee would be appropriate. All state, federal, county, local, and private groups interested in the area or feature involved shall be allowed to have input into the proposed management plan. The plan shall be considered by the advisory board, and therefrom the advisory board shall propose to the board of the department an overall management plan for the area or feature concerned. Upon approval by the board of the department of a plan, the department or that agency or group authorized by the board of the department shall manage the Heritage Preserve in accordance therewith.

Section 50-27-90. There is hereby created the South Carolina Heritage Trust, the trustee of which shall be the Board of the South Carolina Department of Natural Resources. The corpus of the trust shall be made up of those Heritage Preserves which the board of the department considers to be of such outstanding and unique natural or cultural character so as to be significant and essential to the carrying out of the goals and purposes of this chapter and as such, to merit a greater degree

Wherever the term `area or feature' is used in this section, it shall include `or interests therein'. The following, except as otherwise expressly provided, shall constitute substantive terms of the trust and apply to any area or feature which becomes a part of the corpus thereof:

1. Upon approval by the board of the department of the inclusion of a Heritage Preserve in the corpus of the South Carolina Heritage Trust, such transfer shall be recorded in the county in which the property is located and shall establish conclusive proof that such area or feature is suitable for preservation and protection under this chapter and constitutes a part of the corpus of the South Carolina Heritage Trust.

2. In any case wherein the previous owner of a Heritage Preserve has restricted such area or feature from inclusion in the South Carolina Heritage Trust, or where the previous owner has withheld an interest therein such as a life estate or reverter, the Heritage Preserve involved shall not be allowed to become a part of the corpus of the South Carolina Heritage Trust unless at a subsequent time such approval is obtained from such person or his successor in interest.

3. Upon the approval by the board of the department of the inclusion of any Heritage Preserve in the South Carolina Heritage Trust and the transfer of the title or interest held by the board of the department therein to the trust, subject to the provisions of Item 2 of this section, legal title to such area or feature shall be conveyed to the trustee of the South Carolina Heritage Trust and the equitable, or beneficial ownership, shall rest in those beneficiaries previously stated and described, whether such property was owned by a private or public source prior to dedication.

4. Upon approval by the advisory board, the department, the board of the department, and any agency of the State is hereby authorized to

5. Upon approval by the board of the department of inclusion of any Heritage Preserve into the corpus of the South Carolina Heritage Trust, the advisory board shall review the management plan therefor as well as the `Dedication Agreement' and any other sources of information which it may consider appropriate. Upon approval thereof by the board of the department, the department, or that agency or group assigned management responsibilities therefor, shall manage the property in accordance therewith. Except to the extent expressly otherwise provided in the `Dedication Agreement', the following substantive terms shall be deemed to be set forth in the conveyance to the Heritage Trust and the trustee shall hold such property in trust subject to such terms:

(a) The essential natural character of the property shall be maintained.

(b) There shall be no erection of any improvements thereon except those minimal improvements necessary for the security, safety, or convenience of the public and those required for maintenance and management.

(c) Cutting or burning of timber, wood or other destruction of flora or fauna shall be permitted only for conservation or regeneration of flora or fauna; or for the control of plant succession by deliberate manipulation for restoration of preservation of a particular vegetation type or of an endangered species of flora, fauna or wildlife; or for the establishment and maintenance of nature and hiking trails, camping areas and the like where compatible and consistent with the character of the area or feature concerned and not seriously damaging or detrimental to the natural quality of the property.

(d) No stream shall be dammed or have its course altered.

(e) No motorized vehicles shall be permitted on the property other than those utilized by the trustee or its agents in management and protection of the property or used by the general public for ingress and egress to the property in compliance with the management plan for the area or feature concerned.

(f) No change shall be made in the general topography of the area or feature except for those minimal alterations which may be necessary to provide on-foot access to the public for visitation, or observation; and this shall be done only where wholly compatible and consistent with the character of the property and where no detrimental effect shall result.

(h) No signs, billboards or other advertising of any kind shall be erected; however, informational and directional signs related to the designation of the area or feature as a Heritage Preserve and related to the public's enjoyment thereof shall be allowed when approved by the trustee.

(i) No other acts or uses which are detrimental to the retention of the property in its natural state shall be allowed, including those detrimental to flood control, drainage, water conservation, erosion control or soil conservation, or fish or wildlife habitat preservation.

(j) Where cultural areas or features are involved, reasonable excavation, improvement and the like shall be allowed for research purposes as well as to restore such area or feature.

(k) The trust shall continue in perpetuity.

(l) Nothing in this chapter shall be interpreted as restricting the use of an existing or any future easement, express or implied, in favor of any utility or other holder of an easement for public purposes.

6. Those natural and related cultural areas and features which are acquired as Heritage Preserves in accordance with the trust provisions of this chapter are hereby declared to be as such at their highest, best and most important use for the public benefit. The State, any agencies thereof, local or county entities of government, or public utility which has the power of condemnation by law may acquire by purchase, gift, or eminent domain an easement or other interest in any property comprising a part of the corpus of the Heritage Trust; provided, however, that before any such condemnation shall occur a court of competent jurisdiction shall determine the following:

(1) there is an unavoidable and imperative public necessity that the property or interest therein be taken for another public use;

(2) that there is no feasible and prudent alternative for the proposed use for which the property or interest therein is to be taken; and

(3) that the proposal for taking includes all possible planning to minimize the harm done to such property resulting from such proposed use. Where the court deems appropriate, a public hearing shall be conducted prior to the court's decision to allow comment and input thereto. No city, county, public district, agency of the State, or public utility of the State shall acquire any real property which is a part of the corpus of the Heritage Trust through condemnation for the purpose of utilizing such property for another public use unless the acquiring entity pays or transfers to the Heritage Trust sufficient compensation to enable the operating entity to replace the real property and facilities thereon. The

7. The common law of South Carolina pertaining to trusts shall be applicable to the Heritage Trust and to all areas or features, or interests therein, which become a part of this corpus. Without in any way limiting the generality of the foregoing, such trusts shall not fail for want of a trustee, and the trust shall be terminated as to any particular area or feature, or interest therein, only upon total failure of the intended purpose. Any substitution of the trustee or termination of the trust as to any particular area or feature, or interests therein, shall occur only after appropriate judicial action wherein the beneficiaries are adequately represented, and such total failure shall not in any way affect the remainder of the property within the corpus of the trust.

8. The trustee shall hold, manage, preserve and enforce the various areas and features, or interests therein, which become a part of the corpus of the trust in accordance with the terms of this chapter and in any respective conveyances and transfers thereto. To that end the trustees may adopt and modify rules and regulations for the use and enjoyment of such trust properties by the public, and may employ or appoint agents to act on their behalf in the management of such properties.

Section 50-27-100. In any case wherein a priority feature is either unsuited or unavailable for acquisition as a Heritage Preserve, the board of the department in agreement with the owner thereof may recognize such for its importance by registering it as a Heritage Site through the following registration procedures:

1. The department through its research and consultation with the owners of properties selected as priority features shall notify the advisory board of those which are unsuited or unavailable for dedication but for which the owners have made application for recognition as Heritage Sites through registration.

2. The advisory board shall review such applications and shall recommend to the board of the department the approval of those which it deems worthy of preservation through registration as Heritage Sites.

3. From the advisory board's recommendations, the board of the department shall approve those applications for recognition as Heritage Sites which it deems deserving and appropriate for carrying out the purposes of this chapter.

4. Upon approval of an application by the board of the department, the department may enter into a written agreement of registration with the owner of the feature concerned whereby the State shall give public

5. The department shall erect and maintain an appropriate sign on the Heritage Site indicating its recognition and the owner thereof shall be given a certificate acknowledging its registration.

6. The registration agreement may be terminated by the owner or the board of the department at any time upon thirty days' notification to the other party. Such termination shall remove the feature from the Heritage Site Program, and any certificate previously issued therefor or sign erected shall be returned to the department by the property owner.

7. Unless the registration agreement is terminated, the owner of a Heritage Site shall maintain its essential natural character.

Section 50-27-110. The department shall include those costs and operating expenses necessary for the activities of the board of the department and the advisory board as well as staff support to carry out the provisions of this act in the annual State Appropriation Act. Funding for management of areas and features which become Heritage Preserves must be specifically requested by the department or that entity of government responsible for management thereof.

The board of the department shall select those Heritage Preserves for which it is appropriate to charge an individual user fee. The department may sell such user permits for a cost not to exceed five dollars and to be valid for the fiscal year in which issued at all Heritage Preserves where a permit is required. At the end of the fiscal year, the department shall distribute the funds collected among the entities of government assigned responsibility for management in direct proportion to the acreage which they manage. The proceeds of the sale of the user permits must be used to defray the management expenses.

Section 50-27-115. There is created the Heritage Land Trust Fund, which must be kept separate from any other funds of the State. The fund must be administered by the board of the department for the purpose of acquiring fee simple or lesser interest in priority areas, legal fees, appraisals, surveys, or other costs involved in the acquisition of interest in priority areas, and for the development of minimal facilities and management necessary for the protection of the essential character of priority areas. Expenditures under this section for management may not exceed ten percent of revenues to the fund in any fiscal year.

Unexpended balances, including any interest derived from the fund, must be carried forward each year and used only for the purposes provided in this chapter.

The board of the department shall report by letter to the presiding officers of the General Assembly not later than January fifteenth each year all funds expended pursuant to this chapter for the previous year, including the amount of funds expended and the uses to which the expenditures were applied.

The Trust Fund is eligible to receive appropriations of state general funds, federal funds, donations, gifts, bond issue receipts, securities, and other monetary instruments of value. Reimbursement for monies expended from this fund must be deposited in this fund. Funds received through sale, exchange, or otherwise of any Heritage Preserve acquired under this section, or any products of the Preserve such as timber, utility easement rights, and the like, accrue to the fund.

Section 50-27-120. Nothing contained in this chapter shall be construed as interfering with the purposes stated in the establishment of or pertaining to any state or local park, preserve, wildlife refuge, forest or other area or the proper management and development thereof, except that any agency managing an area or feature acquired as a Heritage Preserve or a Heritage Site under the provisions of this chapter shall preserve it in accordance with the applicable conveyance, registration agreement and the rules and regulations of the board of the department applicable thereto.

Neither the acquisition of any Heritage Preserve nor the registration of any Heritage Site nor any action taken by the board of the department under any of the provisions of this chapter shall void or replace any protective status under law which an area would have were it not a Heritage Preserve or Heritage Site, the protective provisions of this chapter being supplemental thereto.

Section 50-27-130. 1. Enforcement officers of the Natural Resources Enforcement Division of the Department of Natural Resources, park rangers, and forestry rangers, as well as all other state and local law enforcement officials, shall have authority to enforce the provisions of this chapter.

2. The Attorney General shall enforce the rules and regulations of the board of the department both as they apply to those areas dedicated as well as those that are subsequently made a part of the corpus of the South Carolina Heritage Trust. In exercise of this authority, the Attorney General may, among other things and at the request of the board of the

3. (a) Any person violating the provisions of this chapter where the damage to the property does not exceed five hundred dollars is guilty of a misdemeanor and, upon conviction, shall be fined not more than one hundred dollars or be imprisoned not more than thirty days for each offense.

(b) Any person violating the provisions of this chapter where the damage to the property exceeds five hundred dollars is guilty of a misdemeanor and, upon conviction, shall be fined not less than five hundred dollars nor more than five thousand dollars or be imprisoned not more than six months, or both, for each offense.

Section 50-27-140. Not more than one hundred thousand acres total of real property shall be acquired in fee under the provisions of this chapter. Moreover, no acquisition shall be made under this chapter in any county without written approval of a majority of the county delegation in the county where the property is located.

Section 50-27-150. The South Carolina Department of Natural Resources, as trustee for the Heritage Land Trust Fund, shall report annually to the Committee on Ways and Means of the House of Representatives and the Senate Finance Committee detailing acquisitions in the previous year by the Heritage Land Trust Fund and planned acquisitions for the next five years."

SECTION 247. The first paragraph of Section 51-3-60 of the 1976 Code is amended to read:

"Any A South Carolina resident who is over sixty-five years of age or disabled or legally blind as defined in Section 43-25-20 of the 1976 Code may use any facility of a state park except campsites, overnight lodging, and recreation buildings without charge. Such These residents also may also use campsite facilities at one-half of the prescribed fee. A person exercising this privilege on the basis of age shall present his medicare card or other card approved by the South Carolina Commission Division on Aging in the Office of the Governor to the employee of the State Department of Parks, Recreation and Tourism who is in charge of the particular state park, and a person who is disabled or legally blind shall present to such the person in charge of the park a certificate to that effect from a licensed doctor of medicine or an official of an agency authorized by law to make determinations of disability or blindness. The authorization for use of the facilities as provided by this section shall is not be effective if it conflicts with any federal law, rule, or regulation."

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