South Carolina § 48-49-60 Violations; penalties; civil remedies.

South Carolina Statutes

§ 48-49-60 — Violations; penalties; civil remedies.

South Carolina § 48-49-60

Title 48ENVIRONMENTAL PROTECTION AND CONSERVATION

Ch. 49SOUTH CAROLINA MOUNTAIN RIDGE PROTECTION ACT OF 1984

This text of South Carolina § 48-49-60 (Violations; penalties; civil remedies.) is published on Counsel Stack Legal Research, covering South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.C. Code Ann. § 48-49-60 (2026).

Text

(a)A person violating the provisions of this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than twenty-five thousand dollars or imprisoned not more than three years, or both. In addition, any county or municipality is authorized to seek injunctive relief enjoining violations of this chapter.

(b)Any person injured by a violation of this chapter or any person who resides in the county in which the violation occurred may bring a civil action against the person alleged to be in violation. The action may seek:

(1)Injunctive relief; or (2) An order enforcing the provision violated; or (3) Damages caused by the violation; or (4) Both damages and injunctive relief; or (5) Both damages and an enforcement order; or (6) Both an enforcement order and injunctive rel

Free access — add to your briefcase to read the full text and ask questions with AI

(a) A person violating the provisions of this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than twenty-five thousand dollars or imprisoned not more than three years, or both. In addition, any county or municipality is authorized to seek injunctive relief enjoining violations of this chapter. (b) Any person injured by a violation of this chapter or any person who resides in the county in which the violation occurred may bring a civil action against the person alleged to be in violation. The action may seek: (1) Injunctive relief; or (2) An order enforcing the provision violated; or (3) Damages caused by the violation; or (4) Both damages and injunctive relief; or (5) Both damages and an enforcement order; or (6) Both an enforcement order and injunctive relief. If actual damages as found by the court or jury in suits brought under this subsection are five hundred dollars or less, the plaintiff must be awarded not less than five hundred dollars; if the amount of actual damages as found by the court or jury is greater than five hundred dollars, the plaintiff shall receive damages in the amount so found. Injunctive relief or an enforcement order under this subsection must be based upon a threatened injury, an actual injury, or both. Civil actions under this subsection must be brought in the circuit court of the county in which the alleged violation occurred. The court, in issuing any final order in any action brought pursuant to this section, may award costs of litigation, including reasonable attorney and expert-witness fees, to any party, whenever it determines that such an award is appropriate. The court may, if a temporary restraining order or preliminary injunction is sought, require the filing of a bond or equivalent security, the amount of such bond or security to be determined by the court. Nothing in this section shall restrict any right which any person or class of persons may have under the common law or under any statute to seek injunctive or other relief.