§ 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 permitting the crossing of each class of scenic river by sellers of electric energy, natural gas, or communication services. In developing these criteria, the department must consider the state of available technology, the economics of the various alternatives, and that electric, natural gas, and communication suppliers are required to deliver their services. The department must recognize that emergency situations will arise that require immediate action and must make provision in the management plan to allow this action. In the comprehensive plan for the river classes, the following general land and water use practices are permitted or prohibited depending on the class: (1) In natural river areas, no new roads or buildings may be constructed and there may be no mining and no commercial timber harvesting. (2) In scenic and recreational river areas, the continuation of present agricultural practices such as grazing and the propagation of crops, including timber, is permitted. The construction of farm-use buildings is permitted if it is found to be compatible with the maintenance of scenic qualities of the stream and its banks. There may be no construction of roads paralleling the river within the limits of a scenic easement or public access area. The harvesting of timber is permitted provided the landowner follows the best management practices for forested wetlands as approved by the South Carolina Forestry Commission. Mining activities are permitted pursuant to a mining permit issued under the provisions of Chapter 19 of the "South Carolina Mining Act". Construction for public access related to recreational use of these scenic river areas is allowed in accordance with Section 49-29-140.

Legislative History

HISTORY: 1989 Act No. 96, SECTION 1; 1993 Act No. 181, SECTION 1256.