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AS PASSED BY THE SENATE
April 6, 2000
S. 691
Introduced by Senators Land, Drummond, Elliott, Hutto, Leatherman, Peeler, Holland, Gregory, Bryan, McGill, McConnell, Branton and Grooms
S. Printed 4/6/99--S.
Read the first time April 7, 1999.
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.
Amend Title To Conform
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 areas, 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, herbicides, 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. (A) No established forestry operation is or may become a nuisance, private or public, if the forestry operation adheres to best management practices as promulgated by the South Carolina Forestry Commission. This section does not apply whenever a nuisance results from the negligent, improper, or illegal operation of a forestry operation.
(B) For the purposes of this chapter, the established date of operation is the date on which the forestry operation commenced operation. If the operation is expanded subsequently or new technology adopted, the established date of operation for each change is not a separately and independently established date of operation and the commencement of the expanded operation does not divest the forestry operation of a previously established date of operation.
(C) An ordinance of a county or municipality that makes a forestry operation following best management practices as promulgated by the South Carolina Forestry Commission a nuisance or providing for abatement as a nuisance in derogation of this chapter, is null and void. The provisions of this section do not apply whenever a nuisance results from the negligent, illegal, or improper operation of a forestry operation."
SECTION 3. This act takes effect upon approval by the Governor.
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