S.C. Code § 49-29-10
Short title
This chapter may be cited as the "South Carolina Scenic Rivers Act of 1989".
South Carolina Code Title 49, Chapter 29 — South Carolina Scenic Rivers Act
South Carolina · statute · S.C. Code tit. 49, ch. 29 · 22 active provisions
S.C. Code § 49-29-20
Definitions
Except as otherwise required by the context: (1) "Department" means the Department of Natural Resources. (2) "Free flowing" means existing or flowing in natural condition without impoundment, (diversion) straightening, riprapping, or other modification of the waterway. The existence of low dams, diversion works, and ot…
S.C. Code § 49-29-30
Findings and policy
The General Assembly finds that certain selected rivers and river segments of this State possess unique or outstanding scenic, recreational, geologic, botanical, fish, wildlife, historic, or cultural values. It is the policy of the General Assembly to provide for the protection of these selected diminishing values and…
S.C. Code § 49-29-40
Types of rivers eligible for inclusion in scenic rivers program
The following types of rivers are eligible for inclusion in the State Scenic Rivers Program: Natural rivers: those free-flowing rivers or river segments generally inaccessible except by trail or river, with adjacent lands and shorelines essentially undeveloped and its waters essentially unpolluted. Scenic rivers: those…
S.C. Code § 49-29-50
Inventory and study of rivers; designation of river as eligible state scenic river; proposals for inclusion of additional rivers
(A) The department shall inventory and study all South Carolina rivers and identify the rivers or river segments which possess unique or outstanding scenic, recreational, geological, botanical, fish, wildlife, historic, or cultural values in accordance with Section 49-29-70. (B) Rivers or river segments identified in t…
S.C. Code § 49-29-60
Public meeting on proposed designation of river as scenic river
The department shall hold a public meeting in the vicinity of the river or river segment proposed for addition to the State Scenic Rivers Program. This public meeting must be conducted before any action by the department to designate the river or river segment as an eligible state scenic river. The purpose of this meet…
S.C. Code § 49-29-70
Minimum criteria for assessing river's eligibility for designation as scenic river
The department shall establish and publish minimum criteria for assessing a river's eligibility and classification under the State Scenic Rivers Program. To qualify as eligible, the river or river segment must possess unique or outstanding scenic, recreational, geological, botanical, fish, wildlife, historic or cultura…
S.C. Code § 49-29-80
Advisory council for designated scenic river
After eligibility procedures for a river or river segment are completed by the department, and the General Assembly ratifies such designation, the department, through the executive director, shall establish an advisory council for that scenic river. The advisory council must be appointed as early as possible to assist…
S.C. Code § 49-29-90
Formal action by department required for designation; notice of proposed designation; approval of designation by General Assembly
No river or river segment may be eligible as a state scenic river and accorded the protection of this chapter, except upon formal action by the department. Following action by the department declaring a river or river segment eligible as a state scenic river, the department shall publish a notice of the eligibility in…
S.C. Code § 49-29-100
Acquisition of lands adjacent to scenic rivers; donations; requirements; tax treatment of donations; reports; liability of title holders
After ratification by the General Assembly of the designation of a river or river segment as a scenic river under the State Scenic Rivers Program, the State, through the Department of Administration, and with the consent of the legislative delegation for the county in which the land is located, may purchase with donate…
S.C. Code § 49-29-110
Scenic Rivers Trust Fund
There is created the Scenic Rivers Trust Fund which must be kept separate from other funds of the State. The fund must be administered by the department for the purpose of acquiring fee simple or lesser interest in land adjacent to scenic rivers and river segments, legal fees, appraisals, surveys, or other costs involv…
S.C. Code § 49-29-120
Acquisition of land by eminent domain prohibited
The lands to be placed in the Scenic Rivers Program may be obtained only from private or corporate owners voluntarily in the manner specified in Section 49-29-100. Neither the State nor an agency or department of it may obtain by eminent domain land for the Scenic Rivers Program either in fee simple or in perpetual eas…
S.C. Code § 49-29-130
Title of donated land reverts back to donor
Whenever land or a portion of it donated pursuant to this chapter ceases to be used for the purpose for which it was donated, the title to the land reverts to the donor.
S.C. Code § 49-29-140
Applicable policies for managing scenic rivers
Management of scenic river areas may differ in degree within a given class of rivers based on the special attributes of the river but must adhere to the following management policies: (1) Natural rivers must be managed in a manner which: (a) would best maintain and enhance those conditions which are attributed to wilde…
S.C. Code § 49-29-150
Application of provisions regarding restrictive use or zoning of lands
The provisions of this chapter regarding restrictive use or zoning of lands apply only to those lands which have been accepted into the State Scenic Rivers Program by donation, perpetual easement, or purchase.
S.C. Code § 49-29-160
Comprehensive water and related land use plans
The department shall formulate comprehensive water and related land use plans for the three classes of scenic rivers. Each plan must address access of electricity, natural gas, and communication lines or other facilities for permitted uses for each class of river facilities. Each plan must also address criteria for per…
S.C. Code § 49-29-170
Access on, over, or under designated rivers by sellers of electric energy, natural gas, or communication services; certificate of consistency
Sellers of electric energy, natural gas, or communication services may cross on, over, or under lands designated as part of the Scenic River System provided that the department certifies that such crossing is consistent with the management plan for those lands. A certificate of consistency shall be issued by the depart…
S.C. Code § 49-29-180
Administration of chapter; regulations; restrictions on management of scenic rivers
The department shall administer the provisions of this chapter. The department may promulgate regulations to carry out the provisions of this chapter. In addition to general regulations, the department may promulgate further regulations based on the individual attributes of each designated scenic river area if regulati…
S.C. Code § 49-29-200
Enforcement of provisions of chapter
The Natural Resources Enforcement Division of the Department of Natural Resources and the State Forestry Commission, as well as local sheriffs, constables, and special officers, shall cooperate in the inspection and enforcement of the provisions of this chapter.
S.C. Code § 49-29-210
Penalties for violations of chapter
A person who violates a provision of this chapter, the regulations promulgated by the management agency under it, or the conditions of the perpetual easements granted to the State under this chapter is guilty of a misdemeanor and may be compelled to comply with or obey the provisions of this chapter by injunction or ot…
S.C. Code § 49-29-220
Camping activities encouraged at scenic rivers
To the extent practicable and consistent with the objectives of this chapter to preserve and maintain scenic rivers, camping activities are encouraged to be included in the comprehensive management plans of all classes of scenic rivers when that activity does not interfere with the rights retained by the titleholders o…
S.C. Code § 49-29-230
Portions of Little Pee Dee, Broad, Saluda, Lynches, Ashley, Black, Great Pee Dee, and Catawba Rivers designated scenic rivers
The following are designated as scenic rivers: (1) that portion of the Little Pee Dee River located between the Highway 378 bridge crossing of the Little Pee Dee River and the confluence of the river with the Great Pee Dee River; (2) that portion of the Broad River located between the 99 Islands Dam and the confluence…