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COMMITTEE REPORT
May 13, 1999
S. 691
Introduced by Senators Land, Drummond, Elliott, Hutto, Leatherman, Peeler, Holland, Gregory, Bryan, McGill, McConnell, Branton and Grooms
S. Printed 5/13/99--S.
Read the first time April 7, 1999.
To whom was referred a Bill (S. 691), to amend Title 50 of the Code of Laws of South Carolina, 1976, relating to forestry, by adding Chapter 2, so as to enact the "South Carolina Forest Management Protection Act", etc., respectfully
That they have duly and carefully considered the same, and recommend that the same do pass with amendment:
Amend the bill, as and if amended, page 2, line 24, by adding after the word / fertilizers /:
/ , herbicides, /
Renumber sections to conform.
Amend title to conform.
HARVEY S. PEELER, JR., for Committee.
TO AMEND TITLE 50 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORESTRY, BY ADDING CHAPTER 2, SO AS TO ENACT THE "SOUTH CAROLINA FOREST MANAGEMENT PROTECTION ACT" AND TO PROVIDE LEGISLATIVE FINDINGS AND DEFINITIONS AND APPROPRIATE GUIDELINES FOR FOREST MANAGEMENT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The General Assembly finds that:
(1) From both human welfare and environmental protection perspectives, forestry is a desirable land use.
(2) Forestry makes vital contributions to the state's economy, provides wildlife habitat, open space, and recreation, enhances clean air and clean water and generally contributes to the welfare of the state's citizens.
(3) Investments in forestry are long-term, often requiring decades before financial returns are realized. This attribute of forestry investments necessitates a high degree of assurance that forest owners or operators will be able to continue their forest management activities.
(4) Most forest landowners need to harvest wood products and other forest products from their forestry operations to realize adequate financial returns, which allows them to maintain their land in forestry.
(5) When non-agricultural land uses extend into forest acres, forest management activities are often restricted by legal actions. As a result, forest management activities are sometimes either curtailed or forced to cease. Investments in forest improvements may be discouraged or forests may be converted to other uses.
SECTION 2. Title 50 of the 1976 Code is amended by adding:
Section 50-2-10. This act may be cited as the `South Carolina Forest Management Protection Act'.
Section 50-2-20. The purpose of this act is to encourage and protect landowners' ability to maintain their land for forest use and to conduct forest management activities.
Section 50-2-30. (1) A forestry operation is an area where forest management activities are conducted for the production of timber resources for wood products, or providing wildlife habitat, outdoor recreation, or other environmental values. A forestry operation inherently includes lengthy periods between forest management activities and shall be deemed continuously operating so long as the operation supports an actual or developing forest.
(2) Forest management activities include, but are not limited to, timber harvest, site preparation, controlled burning, tree planting, applications of fertilizers and pesticides, weed control, animal damage control, fire control, insect and disease control, forest road construction and any other generally accepted forestry practices.
Section 50-2-40. This act shall apply only to forest management activities on forestry operations that are eligible for timberland use value assessment for property tax purposes.
Section 50-2-50. No established forestry operation or forest management activity shall become a nuisance or trespass, either public or private, as a result of changed conditions in or around the locality of such forestry operation or activities. The provisions of this section shall not apply when a nuisance results from an activity which is not a generally accepted forestry practice or from the negligent or illegal application of any forest management activity.
Section 50-2-60. Local government shall not make any forest operation or forest management activity, which is generally, accepted forestry practice, a violation of any zoning ordinance, nor shall any such activity be subject to any ordinance that would restrict the right of the forest owner or operator to use generally accepted forestry practices. Local government shall not require a permit or impose a fee for generally accepted forestry practices."
SECTION 3. This act takes effect upon approval by the Governor.
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