Public Notice Guide: Local Government
General
Notice of a public hearing for budget adoption
6-1-80
A public hearing must be held prior to the adoption of a budget for the next fiscal year, and notice of this public hearing must be provided in at least one State newspaper of general circulation in the area. This notice must be given not less than fifteen days before the public hearing. The notice must include the governing entity’s name, the time, date, and location of the public hearing, the total revenues and expenditures from the current year’s budget, the projected revenues and expenditures for next year’s proposed budget, the estimated percentage change in the operating budget between the current year’s budget and next year’s proposed budget, the millage for the current fiscal year, and the estimated millage necessary for the proposed budget.
Section | Notice | Where | When |
|---|---|---|---|
6-1-80 | A notice for a public hearing for the adoption of the next fiscal year’s budget. The notice must contain the governing entity’s name, the time, date, and location of the public hearing, the total revenues and expenditures from the current year’s budget, the projected revenues and expenditures for next year’s proposed budget, the estimated percentage change in the operating budget between the current year’s budget and next year’s proposed budget, the millage for the current fiscal year, and the estimated millage necessary for the proposed budget | A S.C. newspaper with general circulation in the area | At least once, not less than fifteen days before the date of the public hearing |
Exact wording:
“(A) A county, municipality, special purpose or public service district, and a school district shall provide notice to the public by advertising the public hearing before the adoption of its budget for the next fiscal year in at least one South Carolina newspaper of general circulation in the area. This notice must be given not less than fifteen days in advance of the public hearing and must be a minimum of two columns wide with a bold headline.
(B) The notice must include the following:
(1) the governing entity’s name;
(2) the time, date, and location of the public hearing on the budget;
(3) the total revenues and expenditures from the current operating fiscal year’s budget of the governing entity;
(4) the proposed total projected revenue and operating expenditures for the next fiscal year as estimated in next year’s budget for the governing entity;
(5) the proposed or estimated percentage change in estimated operating budgets between the current fiscal year and the proposed budget;
(6) the millage for the current fiscal year; and
(7) the estimated millage in dollars as necessary for the next fiscal year’s proposed budget.”
Notice of a moratorium
6-1-110
Moratoriums on construction projects require a two-week notice in a newspaper of general circulation in the county where the moratorium is to be imposed.
Section | Notice | Where | When |
|---|---|---|---|
6-1-110 | A notice of a moratorium on a construction project | A newspaper with a general circulation in the county | Two weeks prior |
Exact wording:
“No municipality or county may adopt an ordinance which imposes a moratorium on a construction project for which a permit has been granted without giving a two-week notice in a newspaper of general circulation in the county in which the project is located. No moratorium may be imposed without at least two readings which are a week apart.”
Notice of a beach preservation fee
6-1-630
When hosting a referendum on a proposed beach preservation fee, the governing body of the municipality must publish notice prior to the referendum in a newspaper of general circulation within the jurisdiction. The notice must be published once a week for the four weeks immediately preceding the referendum, and contain a description of and the specific uses for the beach preservation fee. Notice must also be published on the body’s website.
Section | Notice | Where | When |
|---|---|---|---|
6-1-630 | A notice of a proposed beach preservation fee, describing the fee and its specific uses | A newspaper with a general circulation within the jurisdiction, as well as on the governing body’s website | Once a week for the four weeks immediately preceding the referendum |
Exact wording:
“(3) Once a week for the four weeks immediately preceding the referendum, the governing body of the municipality shall publish notice in a newspaper of general circulation within the jurisdiction a description of and the specific uses for the beach preservation fee. The governing body also must publish notice on its website in the same manner.” Part C
A public hearing for a capital improvements plan
6-1-960
A public hearing must be held before an ordinance for a capital improvement plan may be adopted. A notice of this public hearing must be published in a newspaper of general circulation in that county at least thirty or more days prior to the date of the hearing. The notice must contain the time and place of the hearing, an explanation that a copy of the plan is available for public review in the governmental offices and that the public has an opportunity to be heard.
Section | Notice | Where | When |
|---|---|---|---|
6-1-960 | A notice for a public hearing for a capital improvement plan. The notice must contain the time and place of the hearing, an explanation that a copy of the plan is available for public review in the governmental offices and that the public has an opportunity to be heard | A newspaper with a general circulation in that county | No less than thirty days prior to the date of the hearing |
Exact wording:
“After reasonable public notice, a public hearing must be held before final action to adopt the ordinance approving the capital improvements plan. The notice must be published not less than thirty days before the time of the hearing in at least one newspaper of general circulation in the county. The notice must advise the public of the time and place of the hearing, that a copy of the capital improvements plan is available for public inspection in the offices of the governmental entity, and that members of the public will be given an opportunity to be heard.” Part A
Planning
A public hearing on a map of proposed boundary lines
6-7-1250
Before a municipality can adopt a map as their official map a public hearing must be held following local government procedures. If no procedures are established then a notice of the time and place of a public hearing must be placed in a newspaper of general circulation in that city/town or county within at least fifteen days prior to the hearing.
Section | Notice | Where | When |
|---|---|---|---|
6-7-1250 | A notice of a public hearing for the adoption of an official map. The notice must state the time and place of the hearing | A newspaper with a general circulation within the city/town or county | At least fifteen days before the scheduled public hearing |
Exact wording:
“Before adopting the map as the official map, the governing authority shall hold a public hearing thereon which shall be advertised and conducted according to the lawfully prescribed procedures for that municipality or county. If no established procedures exist, then at least fifteen days’ notice of the time and place of the public hearing shall be published in a newspaper of general circulation in the municipality or county.”
Special Purpose/Public Service Districts
An election to establish a special purpose or public service district
6-11-50
A notice of the time and place of an election for a proposed special purpose or public service district must be given in a newspaper published within the county for at least two weeks prior to the election by a clerk of court. If a county does not have a newspaper then the notice must be posted in three public places.
Section | Notice | Where | When |
|---|---|---|---|
6-11-50 | A notice of an election for a proposed special purpose or public service district stating the time and place | A newspaper in the county and three public places, if there is no newspaper then only the public places | At least two weeks prior to the election |
Exact wording:
“The clerk of the court shall select some place within the proposed district for the holding of such election and shall appoint the managers thereof and declare the result. He shall give notice of the time and place thereof for at least two weeks in some newspaper published within the county and by posting notice thereof in at least three public places within the proposed district for such length of time unless there be no newspaper published within the county, in which event the posting of the notices shall suffice.”
Public hearing prior to an establishment of rates
6-11-150
Rates or charges cannot be established for the services in a special purpose or public service district until all the users of the works or owners of the property hear the proposed rates. A notice of the public hearing for the proposed schedule of rates must be published in a newspaper in the county that such district is located at least ten days prior to the date of the hearing.
Section | Notice | Where | When |
|---|---|---|---|
6-11-150 | A public hearing for rates in a special purpose or public service district | A newspaper in the county where the district is located | At least ten days prior to the date of the hearing |
Exact wording:
“Notice of such hearing, setting forth the proposed schedule of such rates, shall be given by one publication in a newspaper published in the county wherein the district is located at least ten days before the date fixed in such notice for the hearing.”
Notice of a public hearing for construction of an elevated water storage facility
6-11-175
Before construction of an elevated water storage facility, the district must hold a public meeting. Notice of this meeting must be published in a newspaper of general circulation in the district stating the time and place of the meeting and the general nature and scope of the proposed project. Notice must be published twice prior to the meeting, and at least ten days prior to the meeting.
Section | Notice | Where | When |
|---|---|---|---|
6-11-175 | A notice of a meeting on the proposed construction of an elevated water storage facility. Notice must contain the time and place of the meeting and the general nature and scope of the proposed project | A newspaper of general circulation in the district | Twice prior to meeting, once at least ten days prior |
Exact wording:
“Prior to beginning to construct an elevated water storage facility, the district must hold a public meeting to explain the details of the project and take comments from members of the public. The district must advertise in a newspaper of general circulation in the district the time and place of the meeting and the general nature and scope of the proposed project. The notice must be published on two occasions prior to the meeting, and at least ten days prior to the meeting.”
A notice of an election on bonds for the cost of construction
6-11-200
To meet the cost of construction for the different works in the district any district may issue and sell serial coupon bonds for the township that district is in (6-11-180.) Once the question of issuing them is confirmed with a petition, the board of commissioners shall give notice of an election in a newspaper found in that county or post it in three public places in the district. The notice of the election must be published for at least ten days and include the time and place, the managers appointed for the election and the results given.
Section | Notice | Where | When |
|---|---|---|---|
6-11-200 | A notice of an election for the issuing of bonds that states the time and place, the managers appointed for the election and the results given | A newspaper published in the county or in three public places in the district | For at least ten days after the issuance of bonds by a petition has been decided upon |
Exact wording:
“The board of commissioners shall give notice of such election for at least ten days in a newspaper published in the county or by posting such notice in three public places in the district. It shall designate the time and place and appoint the managers of the election and receive the returns of the managers and declare the result.”
Notice of the referendum
6-11-353
A notice of a referendum for the purpose of an election of a special purpose district board must be published in a newspaper of general circulation within the district at least three times prior to the referendum, including (1) 60 or more days prior to the referendum (2) two weeks after first publication and (3) not more than 15 but not less than 10 days prior to the date of the referendum.
Section | Notice | Where | When |
|---|---|---|---|
6-11-353 | Notice of a referendum on the holding of an election for a special purpose district board | A newspaper of general circulation within the special purpose district | At least three times prior to the election:
(1) 60 or more days prior to the referendum (2) two weeks after first publication (3) Not more than 15 but not less than 10 days prior to the date of the referendum |
Exact wording:
“Notice of the referendum must be published by the governing body of the special purpose district at least three times prior to the referendum, including (i) not less than sixty days prior to the date of the referendum, (ii) two weeks after the first date of publication, and (iii) a date not more than fifteen and not less than ten days prior to the date of the referendum. The notice must appear in a newspaper of general circulation within the special purpose district and contain at a minimum the following:
(1) the full name of the district and its governing body;
(2) the names, addresses, and telephone numbers of the members of the district’s governing body;
(3) the existing means of appointment of members of the district’s governing body;
(4) the act by which the district was initially created and the year effective;
(5) a brief description of the governmental services provided by the district;
(6) a description of the taxing authority of the district, if any, and the limitations on that taxing authority;
(7) a map showing generally the boundaries of the district;
(8) a list of precincts and polling places in which ballots may be cast;
(9) the purpose of the referendum and the question to be presented to qualified electors;
(10) an explanation of the procedure to be followed for election of members of the district’s governing body if the result of the referendum is favorable; and
(11) other additional information required by the general law of the State relating to notices of elections.”
Notice of a public hearing for enlargement, diminishment, or consolidation
6-11-440
Section 6-11-430 states that a county board has the right to “enlarge, diminish, or consolidate any special purpose districts…” To exercise this power, a public hearing shall be held. A notice of this hearing must be published once a week for three straight weeks in a newspaper of general circulation in the county. It must include the time, the place, the nature of the change, a brief description of new boundary lines, the functions to be performed, a summary of reasons for the change, the cost and methods to pay, and statement of amount and type of bonds to be issued, if any.
Section | Notice | Where | When |
|---|---|---|---|
6-11-440 | A notice of a public hearing for a county board to exercise power on any changes in a special purpose district. It must include (1) the time (2) the place (3) the nature of the change (4) a brief description of new boundary lines (5) the functions to be performed (6) a summary of reasons for the change (7) the cost and methods to pay (8) statement of amount and type of bonds to be issued, if any. | A newspaper with general circulation in the county that may be affected | Once a week for three consecutive weeks. The hearing itself must be held no less than 16 days after the first publication. |
Exact wording:
“(A) The notice required by Section 6-11-430 must be published once a week for three successive weeks in a newspaper of general circulation in the county. Such notice must state:
(1) the time of the public hearing which may be not less than sixteen days following the first publication of the notice;
(2) the place of the hearing;
(3) the nature of the change to be made in the special purpose district;
(4) a brief description of the new boundary lines to result if the proposed change is made;
(5) the functions to be performed by the special purpose district;
(6) a summary of the reasons for the proposed change;
(7) the cost of proposed improvements, if any, and a statement as to the method to be employed to raise the funds necessary for it; and
(8) a statement of the amount and type of bonds, if any, then proposed to be issued immediately following the change of boundaries of the special purpose district.
(B) If a consolidated or enlarged special purpose district is, pursuant to this chapter, precluded from providing a governmental service to an area within its boundaries, the notice prescribed by subsection (A) also must include a description of the area in which the governmental service will not be provided by the special purpose district and shall identify the political subdivision which is authorized to provide the service.” Part B also applies to 6-11-470.
Publication of action by the county board
6-11-470
Once the county board has come to a decision following the public hearing the action of the board must be published. The notice shall be published in a newspaper of general circulation within the county once a week for two consecutive weeks. The notice should include: the results, bonds to be issued, amount and the method for payment of these bonds, and if changes in the personnel of the special district will be made.
Section | Notice | Where | When |
|---|---|---|---|
6-11-470 | A notice of the action taken by the council board. It should include: (1) the results (2) bonds to be issued, amount and the method for payment of these bonds (3) if changes in the personnel of the special district will be made. | A newspaper of general circulation within the county that is affected | Once a week for two consecutive weeks |
Exact wording:
“(A) The county board shall give notice of its action to be published once a week for two successive weeks in a newspaper of general circulation within the county which shall state:
(1) the results of its action;
(2) whether, pursuant to the remaining provisions of this article, bonds of the special purpose district are then to be immediately issued, and, if so, the amount of bonds and the method provided for their payment; and
(3) whether, pursuant to the provisions of Section 6-11-10, there will be a new commission or changes made in the personnel of the old commission for the special purpose district as enlarged, diminished, or consolidated.”
Sale of bonds for the special purpose or public service district found within local government
6-11-570
Bonds that are authorized for the purpose of this special purpose or public service district shall be sold at public sale. The advertisement for this sale must be published in a newspaper of general circulation in the state or a financial journal in New York City. The advertisement must be published at least seven days prior to the opening bid.
Section | Notice | Where | When |
|---|---|---|---|
6-11-570 | A public advertisement of the sale of bonds for the purpose of changes within a local government’s special purpose or public service district | A newspaper in the state of South Carolina or a financial journal in the city of New York | At least seven days prior to the date of the public bid |
Exact wording:
“Bonds issued pursuant to this article shall be sold at a price of not less than par and accrued interest to the date of their respective deliveries. All bonds authorized by this article shall be sold at public sale, after public advertisement of the sale in a newspaper of general circulation in South Carolina or a financial journal published in the city of New York. The published notice shall appear not less than seven days prior to the occasion set for opening bids.”
Notice of a public hearing to address the issuance of any further bonds
6-11-840
A county board may authorize the issuance of bonds by special purpose district commissions (6-11-820). A public hearing shall be held to address the question with a notice of this hearing placed in a newspaper of general circulation in the county once a week for three straight weeks. The notice must include the time, the place, the proposed amount, a statement of the purpose of these bonds, a summary of the reasons for these bonds and the method of paying for these bonds.
Section | Notice | Where | When |
|---|---|---|---|
6-11-840 | A notice of a public hearing for a county board to exercise power on the subject of the issuance of more bonds It must include (a) the time (b) the place (c) the proposed amount (d) a statement of the purpose of these bonds (e) a summary of the reasons for these bonds and the method of paying for these bonds | A newspaper with general circulation in the county that is affected | Once a week for three consecutive weeks. The hearing itself must be held no less than 16 days after the first publication |
Exact wording:
“The notice required by Section 6-11-830 shall be published once a week for three successive weeks in a newspaper of general circulation in the county. Such notice shall state:
(a) The time of the public hearing, which shall be not less than sixteen days following the first publication of the notice.
(b) The place of the hearing.
(c) The proposed amount of bonds to be issued by the special purpose district.
(d) A statement setting forth the purpose for which the proceeds of such bonds are to be expended.
(e) A brief summary of the reasons for the issuance of such bonds and the method by which the principal and interest of such bonds are to be paid.”
Publication of action by the county board for these bonds
6-11-870
Once the county board has come to a decision whether, and if so to what extent, bonds of the special purpose district shall be issued, and following the public hearing, the action of the board must be published. The notice should be published in a newspaper of general circulation within the county for three consecutive weeks. The notice should include: the results, the extent to which bonds to be issued and the method for payment of these bonds, and whether or not an election should be held upon the question of the issuance of these bonds.
Section | Notice | Where | When |
|---|---|---|---|
6-11-870 | A notice of the action taken by the council board. It should include: (1) the results (2) the extent to which bonds to be issued and the method for payment of these bonds (3)whether or not an election should be held upon the question of the issuance of these bonds | A newspaper of general circulation within the county | Three consecutive weeks |
Exact wording:
“The county board shall thereupon cause notice of its action to be published for three successive weeks in a newspaper of general circulation in the county which shall state:
(a) The results of its action;
(b) The extent to which bonds of the special purpose district are to be issued and the method to be provided for their payment; and
(c) Whether or not an election shall be ordered in the special purpose district upon the question of the issuance of bonds of the special purpose district.”
Notice of the sale of bonds
6-11-980
Before bonds are sold, there must be a public advertisement of the sale in a newspaper of general circulation in South Carolina, or a financial journal published in New York City. The notice must appear at least seven days before the opening of bids.
Section | Notice | Where | When |
|---|---|---|---|
6-11-980 | A notice of the sale of bonds | A newspaper of general circulation in South Carolina or a financial journal in New York City | At least seven days before the date of opening bids |
Exact wording:
“Bonds issued pursuant to this article shall be sold at a price of not less than par and accrued interest to the date of their respective deliveries. All bonds authorized by this article shall be sold at public sale, after public advertisement of the sale in a newspaper of general circulation in South Carolina or a financial journal published in the city of New York. The published notice shall appear not less than seven days prior to the occasion set for opening bids; provided, however, that any bonds issued hereunder may be sold at a private sale to the United States of America or any agency or department thereof.”
Notices of regulations by the commission on special purpose or public service districts as to sewage collection and disposal
6-11-1230
- Any regulation will only become effective upon notice of the adoption of the resolution having been published at least once a week for three successive weeks in a newspaper having general circulation in the district. The published notice shall specify in brief the scope of the regulations and shall state the date on which it becomes effective. Additionally, before adoption of the resolution, the commission shall give public notice of a meeting to be held to consider its adoption and the notice shall appear in a newspaper having general circulation in the district at least once not less than seven days prior to the meeting.
- Before disconnecting sewer services based on nonpayment, the customer must be given an opportunity to be heard after not less than five days’ written notice of the disconnection.
- If there is a need for front-foot assessments, then a notice of this must be placed in a newspaper of general circulation and the resolution will not become effective until seven days after the publication.
Section | Notice | Where | When |
|---|---|---|---|
6-11-1230 | 1.) A notice of a meeting for the adoption of a resolution in terms of a special purpose or public service district, and a notice of adoption specifying the resolutions and the date they will become effective
2.) Disconnection of sewer services
3.) A notice of a front-foot assessment | A newspaper of general circulation in the district that the resolutions are taking place | 1.) Not less than seven days prior to the meeting and once a week for three weeks following the meeting
2.) Not less than five days written notice
3.) Seven days after publication |
Exact wording:
“Each commission shall be empowered as follows:
…(3) To prescribe and enforce regulations (a) requiring all persons to whom it shall be available to make use of any sewer system which the district shall from time to time operate; and (b) generally with respect to the discharge of sewage and the use of privies, septic tanks and any other type of sewage facilities within the district. Any such regulations shall, however, become effective only after they have been adopted by resolution of the commission, a certified copy thereof has been recorded in the office of the register of deeds, or, if none, in the office of the clerk of court of common pleas for each county in which such sewer system lies, a copy posted in the courthouse of each such county, and notice of the adoption of such resolution has been published at least once a week for three successive weeks in a newspaper having general circulation in the district. The published notice shall specify in brief the scope of the regulations and shall state the date on which the same shall become effective. Prior to the adoption of the aforesaid resolution, the commission shall give public notice of a meeting to be held to consider its adoption and the notice shall appear in a newspaper having general circulation in the district at least once not less than seven days prior to the occasion fixed for the holding of such meeting…No such regulations shall permit any disconnection until after the customer has been given an opportunity to be heard in person or by counsel on the question of disconnection before the commission or any person designated by the commission after not less than five days’ written notice specifying the basis for the disconnection.”
“…In connection with the imposition of such front-foot assessments:
[(4)](a) The resolution providing for such front-foot assessments shall designate by a general description the improvement to be made and the street or parts thereof whereon the work is to be effected and the actual cost thereof and the amount of the cost to be assessed upon all abutting property subject to the provisions of the preceding paragraph and the terms and manner of payment. Such resolution shall not become effective until at least seven days after it shall have been published in a newspaper of general circulation in the district. Such resolution may incorporate by reference plats and engineering reports and other data on file in the commission’s office provided that the place of filing and reasonable hours for inspection by interested persons are specified in the resolution. Within thirty days of such publication the commission shall prepare in poster form a notice advising of the proposed assessments and generally describing the area to be affected and shall deliver the notice to the register of deeds or, if none, to the clerk of court of each county wherein any affected property lies. The register of deeds or clerk of court shall prominently display such notice in his office until the assessment roll prescribed by subitem (e) has been filed. Failure to provide or post such notice shall not affect the validity of any assessment hereunder.”
Publication of the notice of a referendum for the dissolution of a special purpose district
6-11-2080
A notice of the referendum for the dissolution of a special purpose district must be published in one newspaper of general circulation within the district. The notice must be published three times: at least sixty days prior to the referendum, on the date that is two weeks following the first publication, and once a week for each of the four weeks immediately preceding the week of the referendum.
Section | Notice | Where | When |
|---|---|---|---|
6-11-2080 | A notice of the referendum for the dissolution of a special purpose district. The notice should include: (1) the name of the proposed district (2) A statement that includes that the referendum is to dissolve the district (3) the boundaries of the district (4) information on current members of the governing body (5) the services the district provides (6) list of any outstanding principal interests (7) the name of the political subdivision that will assume responsibilities after the dissolution (8) if applicable a statement of a written agreement by the successor providers (9) if applicable a statement that the area is now a special tax district (10) The question to be voted on in the referendum | A newspaper of general circulation within the district | The notice shall be placed three times:
(1) Sixty days prior to the referendum
(2) Two weeks following the first publication
(3) Once a week for four weeks immediately preceding the week of the referendum |
Exact wording:
“The resolution required by Section 6-11-2070 shall also provide for the publication of notice of the referendum in one newspaper of general circulation within the district. The notice of referendum must be published no less than sixty days prior to the referendum, on that date which is two weeks following the initial publication, and once a week for each of the four weeks immediately preceding the week in which the referendum is held. The notice shall contain matters required by the general election laws of the State and shall also include the following information:
(1) the name of the district proposed to be dissolved;
(2) a statement that the purpose of the referendum is to determine whether the district should be dissolved;
(3) a general description of the boundaries of the district;
(4) the names, addresses, and telephone numbers of each current member of the governing body of the district;
(5) the services which the district is by law authorized to provide;
(6) the outstanding principal balance of general obligation bonds of the district, the outstanding principal balance of the revenue bonds of the district, the outstanding principal balance of lease-purchase obligations of the district, and the outstanding principal balance of other obligations of the district;
(7) the name of the political subdivision or subdivisions which shall assume the assets and liabilities of the district upon dissolution and, if services are to be continued, shall provide the services currently provided by the district;
(8) where applicable, a statement that a copy of the written agreement of the successor providers as to the proposed distribution of assets and liabilities is available at the office of the principal administrator of each successor entity and at the principal office of the district;
(9) where applicable, a statement that in the event the district is dissolved, the area formerly included within the district must be, without further action or approval, designated as a special tax district of the county in which the district is located for the provision of the service or services presently provided by the district for which the county is the successor provider, that the district will be subject to an annual tax for operations and maintenance of it not exceeding the amount as provided in the ordinance of the county enacted pursuant to Section 6-11-2060, and for debt service on general obligation bonds issued to finance the provision of the service or services; and
(10) the question to be voted upon in the referendum.”
Rural Community Water Districts
Procedure for the creation of a rural community water district
6-13-20
Under this provision a water district may be created. A petition must first be filed by at least twenty-five owners that are residing in the proposed district. Once the petition has been filed the governing body must call for an election to be held within sixty days within that area. The notice must be placed for at least two consecutive weeks prior to the election in a newspaper of general circulation.
Section | Notice | Where | When |
|---|---|---|---|
6-13-20 | A notice of an election for the purpose of a proposed water district | A newspaper with general circulation within the area | At least two consecutive weeks prior to the election |
Exact wording:
“The petition shall set forth a full description of the area of the district. Upon receipt of the petition, the governing body shall call for an election to be held within the area within sixty days. Notice of the election shall be published in a newspaper having general circulation within the area for at least two consecutive weeks prior to the election.”
Powers of water districts
6-13-50
Under power (13) the water district has the right under its governing body to regulate any pollutants from entering within the waterworks systems. When adopting a regulation under this power a meeting shall be held by the district. The meeting must be advertised in a newspaper of general circulation on two occasions at least ten days before the meeting is held. The advertisement should include the time and place and the general reason for this regulation.
Section | Notice | Where | When |
|---|---|---|---|
6-13-50 | A notice of a meeting for the adoption of a regulation against pollutants in the water district. The notice shall contain the date, time and reason for the regulation. | A newspaper with a general circulation within the district | The notice of the meeting must be placed on two separate occasions at least ten days prior to the meeting. |
Exact wording:
“Provided, that prior to the adoption of any regulation, the district shall hold a public meeting for the consideration thereof, and shall advertise in a newspaper of general circulation in the district the time and place of such meeting, and the general nature and scope of the regulation to be considered for adoption, and such notice shall be published on two occasions prior to such meeting, and at least ten days prior thereto.” Part (13)
Notice of a meeting for the Pioneer Rural Water District Board of Oconee and Anderson Counties
6-13-230
Notice for a district meeting must be posted in at least one newspaper with general circulation in the district’s service area fifteen days prior to the meeting. Notice must also be posted on the Pioneer Rural Water District’s website at least fifteen days prior to the meeting. Lastly, written notice must be sent along with the water bill to customers eligible to vote in the meeting.
Section | Notice | Where | When |
|---|---|---|---|
6-13-230 | A notice of a Pioneer Rural Water District Board meeting | A newspaper with general circulation in the district’s service area, on the district’s website, and written notice to customers | At least fifteen days prior to the meeting |
Exact wording:
“Notice of a district or territory meeting must be provided as follows: (1) posted in at least one newspaper with general circulation in the district’s service area fifteen days prior to the meeting; (2) posted on Pioneer Rural Water District’s website for at least fifteen days prior to the meeting; and (3) written notice, in a conspicuous font, at least twenty-four point bold font, included with the water bill to customers eligible to vote in the district or territory meeting, as applicable, for the billing cycle immediately preceding the meeting.”
Notice of a meeting presenting the findings of an audit to district customers
6-13-240
Before a meeting on the results of an audit can be had, notice of the meeting must be provided to customers of the district by publishing it in at least one newspaper with general circulation in the district’s service area fifteen days prior to the meeting. Notice must also be posted on the Pioneer Rural Water District’s website at least fifteen days prior to the meeting. Lastly, written notice must be sent along with the water bill to customers eligible to vote in the meeting.
Section | Notice | Where | When |
|---|---|---|---|
6-13-240 | A notice of a meeting to discuss an audit in the district | A newspaper with general circulation in the district’s service area, on the district’s website, and written notice to customers | At least fifteen days prior to the meeting |
Exact wording:
“This audit must include the potential impact of the board’s action on its ratepayers and must be presented to the district’s customers at a meeting prior to entering into the action prompting the audit. Notice of a meeting pursuant to this subsection must be provided to customers of the district as follows: (1) posted in at least one newspaper with general circulation in the district’s service area fifteen days prior to the meeting; (2) posted on Pioneer Rural Water District’s website for at least fifteen days prior to the meeting; and (3) written notice, in a conspicuous font, in at least twenty-four point bold font, included with the water bill to all customers for the billing cycle immediately preceding the meeting.” Part B
Notice of a meeting for recommending the appointment of resident electors to the district board (Pickens and Anderson counties)
6-13-430
The Saluda Valley Rural Water District Board of Pickens and Anderson Counties will be composed of five resident electors who will be appointed by the Governor upon recommendation of a majority vote of persons attending a resident meeting. Notice of this meeting must be given at least one week prior in a local newspaper stating the time and place of the meeting.
Section | Notice | Where | When |
|---|---|---|---|
6-13-430 | A notice of the meeting that will recommend resident electors to the Governor, providing the time and place of the meeting | A local newspaper | At least one week before the meeting |
Exact wording:
“The board shall consist of five resident electors of the area who shall be appointed by the Governor upon the recommendation of a majority of those persons attending a meeting of residents of the area held pursuant to at least one week’s notice in a local newspaper giving the time and place of the meeting.”
Notice of a meeting for recommending the appointment of resident electors to the district board (Fairfield and Chester counties)
6-13-630
The Mitford Rural Water District Board of Fairfield and Chester Counties will be composed of five resident electors who will be appointed by the Governor upon recommendation of a majority vote of persons attending a resident meeting. Notice of this meeting must be given at least one week prior in a local newspaper stating the time and place of the meeting.
Section | Notice | Where | When |
|---|---|---|---|
6-13-630 | A notice of the meeting that will recommend resident electors to the Governor, providing the time and place of the meeting | A local newspaper | At least one week before the meeting |
Exact wording:
“The board shall consist of five resident electors of the area who shall be appointed by the Governor, upon the recommendation of a majority of those persons attending a meeting of residents of the area held pursuant to at least one week’s notice in a local newspaper giving the time and place of the meeting.”
Solid Waste Disposal Resource Recovery Facilities Act
Creation of a joint agency
6-16-40
As long as it’s in the best interest of the residents and themselves, two or more governing bodies can be created into a joint agency. This can only be done after the ordinance or resolution is published once a week for two consecutive weeks in a newspaper with general circulation in that county.
Section | Notice | Where | When |
|---|---|---|---|
6-16-40 | (1) A notice of the adoption of such ordinance or resolution | A newspaper with a general circulation within the county in which the governing body is located | Must be published once a week for two consecutive weeks |
Exact wording:
“If the creation of a joint agency is found to be in the best interests of a governing body, notice of the adoption of such ordinance or resolution shall be published once a week for two consecutive weeks in a newspaper of general circulation within the county in which such governing body is located.”
Revenue Bond Act for Utilities
Notice of any ordinances or resolutions under the Revenue Bond Act
6-21-170
A notice of ordinances or resolutions by counties under the Revenue Bond Act for Utilities may be published in a newspaper of general circulation in the county. The notice shall be placed as soon as practicable after authorization by the governing body.
Section | Notice | Where | When |
|---|---|---|---|
6-21-170 | A notice of ordinances or resolutions under the Revenue Bond Act for Utilities | A newspaper of general circulation in the county | As soon as practicable after authorization by the governing body |
Exact wording:
“Such ordinances and resolutions of counties shall be recorded in the minutes of the governing body thereof as soon as practicable after their passage and shall be authenticated by the signature of the clerk of such governing body. Any such ordinances or resolutions of counties may be published in a newspaper of general circulation in such county.”
Joint Municipal Electric Power and Energy Act
Determination that a joint agency by municipalities is in their best interests (Electric Power and Energy)
6-23-40
As long as it’s in the best interest of the electric customers and themselves two or more municipalities can be created into a joint agency. This can only be done after the ordinance or resolution is published once a week for two consecutive weeks in a newspaper with general circulation in that municipality.
Section | Notice | Where | When |
|---|---|---|---|
6-23-40 | A notice of action of the proposed joint agency | A newspaper with a general circulation within the municipality | Must be published once a week for two consecutive weeks |
Exact wording:
“If the proposed creation of a joint agency is found to be in the best interests of a municipality, the governing body of the municipality shall give notice of its action publishing once a week for two consecutive weeks in a newspaper of general circulation within the municipality.”
Notice of filing of petition prior to acquisition of project
6-23-60
A petition must be filed prior to the proposed acquisition of a project, and notice of the filing of the petition must be given by the Public Service Commission once a week for three consecutive weeks in a newspaper of general circulation in the State.
Section | Notice | Where | When |
|---|---|---|---|
6-23-60 | A notice of the filing of a petition for a proposed project | A newspaper with general circulation in the State | Once a week for three consecutive weeks |
Exact wording:
“(A) Prior to the proposed acquisition of a project for the generation or transmission of electric power and energy by a joint agency, a petition must be filed with the Public Service Commission setting forth the material necessary to permit the Public Service Commission to make the determination required by this section. Notice of the filing of the petition must be given by the Public Service Commission once a week for three consecutive weeks in a newspaper of general circulation in the State. A hearing on the petition is to be conducted as provided by law.”
Joint Agency Act
Creation of joint agency
6-24-40
A notice of the adoption of resolutions upon the creation of a joint agency must be placed once a week for two consecutive weeks in a newspaper of general circulation located in the county where the government entity is located. If more than one county is involved then the notice needs to go in a newspaper in each county; if the entity is a commission of the State etc., then a newspaper of general circulation in the State will do.
Section | Notice | Where | When |
|---|---|---|---|
6-24-40 | A notice of the adoption of resolutions upon the creation of a joint agency | A newspaper of general circulation in the county where the agency is located; if more than one county is involved then the notice needs to go in each newspaper. If it is a state commission, then a newspaper of general circulation in the State | Once a week for two consecutive weeks |
Exact wording:
“(C) If the creation of a joint agency is found to be in the best interests of a governmental entity or those it serves, notice of the adoption of the resolution must be published once a week for two consecutive weeks in a newspaper of general circulation within the county in which the governmental entity is located or, if the governmental entity is located in two or more counties, in each of the counties, or if the governmental entity is an agency, instrumentality, board, or commission of the State, in a newspaper of general circulation within the State.”
Joint Authority Water and Sewer Systems Act
Notice of the adoption of the creation of a joint municipal water system
6-25-40
A notice of the adoption of a joint system in reference to the creation of a municipal water system needs to be published. The notice shall be published once a week for two consecutive weeks in a newspaper of general circulation in the county where the governing body is located.
Section | Notice | Where | When |
|---|---|---|---|
6-25-40 | A notice of the adoption of a joint system in reference to the creation of a municipal water system | A newspaper of general circulation in the county where the governing body is located | Once a week for two consecutive weeks |
Exact wording:
“An authority adopting a resolution to create a joint system shall publish notice of the adoption of the resolution in a newspaper of general circulation within the county in which the governing body is located. The publication must be made once a week for two consecutive weeks following the adoption of the resolution.”
Local Planning
Notice of a public hearing on the adoption of a plan
6-29-530
Before adoption of a plan, the governing authority must hold a public hearing on it after not less than thirty days’ notice of the time and place of the hearings has been given in a newspaper having general circulation in the jurisdiction.
Section | Notice | Where | When |
|---|---|---|---|
6-29-530 | A notice of a public hearing on the adoption of a plan, providing the time and place of the hearing | A newspaper with general circulation in the jurisdiction | Not less than thirty days |
Exact wording:
“Before adoption of an element or a plan as a whole, the governing authority shall hold a public hearing on it after not less than thirty days’ notice of the time and place of the hearings has been given in a newspaper having general circulation in the jurisdiction.”
A notice of the intention of an entity to move forward in lieu of a conflict
6-29-540
In a case where an entity proposing a facility wants to move forward after the local planning commission finds a conflict between a project’s proposal and the comprehensive plan, a public notice must be issued. The public statement should include the intention to proceed and the reason. A notice of this statement must be sent to the local governing body, the local planning commission, and be published in a newspaper of general circulation in the community within at least thirty days prior to the construction or the awarding of a contract.
Section | Notice | Where | When |
|---|---|---|---|
6-29-540 | A public notice by a proposing entity to move forward with plans for a facility after a local planning commission has found conflict | A newspaper of general circulation within that community | At least thirty days prior to awarding a contract or beginning construction |
Exact wording:
“In the event the planning commission finds the proposal to be in conflict with the comprehensive plan, the commission shall transmit its findings and the particulars of the nonconformity to the entity proposing the facility. If the entity proposing the facility determines to go forward with the project which conflicts with the comprehensive plan, the governing or policy making body of the entity shall publicly state its intention to proceed and the reasons for the action. A copy of this finding must be sent to the local governing body, the local planning commission, and published as a public notice in a newspaper of general circulation in the community at least thirty days prior to awarding a contract or beginning construction.”
Procedure for enactment of zoning regulations or maps
6-29-760
A public hearing shall be held before any enacting or amending may be done on any zones or maps by the governing authority or the planning commission. If authorized by the governing authority a public hearing may be held according to “lawfully prescribed procedures.” If there are no such procedures, then a public notice must be published at least fifteen days prior in a newspaper of general circulation in the area with the time and place of the hearing.
Section | Notice | Where | When |
|---|---|---|---|
6-29-760 | A notice of a public hearing for the review of enactments or amendments to zoning regulations or maps | A newspaper with a general circulation in the county | At least fifteen days prior to the date and time specified in the notice |
Exact wording:
“(A) Before enacting or amending any zoning regulations or maps, the governing authority or the planning commission, if authorized by the governing authority, shall hold a public hearing on it, which must be advertised and conducted according to lawfully prescribed procedures. If no established procedures exist, then at least fifteen days’ notice of the time and place of the public hearing must be given in a newspaper of general circulation in the municipality or county.”
Public notice of the board of zoning appeals
6-29-790
A public notice must be published of all meetings held by the elected board of zoning appeals. These meetings are to be held when the chairman or the board deems fit. The notice must be published in a newspaper of general circulation in the municipality or county. Only if a case involves variances or special exceptions shall it be posted on or near the property that it is affecting and not published in a newspaper.
Section | Notice | Where | When |
|---|---|---|---|
6-29-790 | A public notice of all meetings held by the zoning appeals | A newspaper with a general circulation in the municipality or county | When a chairman or the board of zoning appeals sees fit |
Exact wording:
“Meetings of the board must be held at the call of the chairman and at such other times as the board may determine. Public notice of all meetings of the board of appeals shall be provided by publication in a newspaper of general circulation in the municipality or county.”
Notice of a public hearing on matters referred to the board
6-29-800
For a hearing on matters referred to the board, public notice of the hearing must be made at least fifteen days prior in a newspaper of general circulation in the community, as well as due notice to the parties in interest.
Section | Notice | Where | When |
|---|---|---|---|
6-29-800 | A notice of a public hearing on matters referred to the board | A newspaper of general circulation in the community | At least fifteen days before the hearing |
Exact wording:
“(D) The board must fix a reasonable time for the hearing of the appeal or other matter referred to the board, and give at least fifteen days’ public notice of the hearing in a newspaper of general circulation in the community, as well as due notice to the parties in interest, and decide the appeal or matter within a reasonable time. At the hearing, any party may appear in person or by agent or by attorney.”
Regulations on land development
6-29-1130
When a comprehensive plan has been adopted by the local planning commission and the governing body has put regulations in place for the development of land within the jurisdiction, these regulations can be amended or adopted by the power of the municipality or governing authority of the county. A public hearing must first be held on the land development regulations. The time and place of the hearing must be published in a newspaper with a general circulation within the municipality or county at least thirty days before the hearing.
Section | Notice | Where | When |
|---|---|---|---|
6-29-1130 | A notice of a public hearing on land development regulations | A newspaper of general circulation within the municipality or county | At least thirty days prior to the hearing |
Exact wording:
“The governing authority of the municipality and the governing authority of the county are given the power to adopt and to amend the land development regulations after a public hearing on it, giving at least thirty days’ notice of the time and place by publication in a newspaper of general circulation in the municipality or county.”
Notice of changing a street name
6-29-1200
A local planning commission may change a street name if notice is given in a newspaper with general circulation in which the commission exists.
Section | Notice | Where | When |
|---|---|---|---|
6-29-1200 | A notice of changing a street name by the local planning commission | A newspaper with general circulation in which the commission exists | Prior to changing the street name |
Exact wording:
“(B) A commission may, after reasonable notice through a newspaper having general circulation in which the commission is created and exists, change the name of a street or road within the boundary of its territorial jurisdiction…”
South Carolina Local Government Development Agreement Act
Notice of public hearings in consideration of a development agreement
6-31-50
When a local government considers a development agreement, at least two public hearings shall be held. The notice of intent must be published in a newspaper of general circulation in the county where it is being considered. If a second hearing is needed, then the time and place must be acknowledged at the first public hearing. The notice must specify the location and development uses of the property subject to the development agreement.
Section | Notice | Where | When |
|---|---|---|---|
6-31-50 | A notice of intent for a public hearing to consider a development agreement, specifying location and uses of the property | A newspaper of general circulation in the county where it is being considered | When a local government considers a development agreement |
Exact wording:
“(A) Before entering into a development agreement, a local government shall conduct at least two public hearings. At the option of the governing body, the public hearing may be held by the local planning commission.”
“(B)(1) Notice of intent to consider a development agreement must be advertised in a newspaper of general circulation in the county where the local government is located. If more than one hearing is to be held, the day, time, and place at which the second public hearing will be held must be announced at the first public hearing. (2) The notice must specify the location of the property subject to the development agreement, the development uses proposed on the property, and must specify a place where a copy of the proposed development agreement can be obtained.”
Residential Improvement District Act
Notice of a public hearing for a proposed district
6-35-130
Notice is required for a public hearing for a proposed district. Notice must be published once a week for two successive weeks in a newspaper of general circulation within the relevant municipality or county. Final publication must be at least ten days before the date of the hearing. The notice must describe the location of the proposed district, a general description of the proposed improvements, identify each owner of twenty-five percent or more by acreage of the real property located in the proposed district, as well as the date, time, and place of the public hearing.
Section | Notice | Where | When |
|---|---|---|---|
6-35-130 | A notice of a public hearing for a proposed district that must describe the location of the proposed district, a general description of the proposed improvements, identify each owner of twenty-five percent or more by acreage of the real property located in the proposed district, as well as the date, time, and place of the public hearing | In a newspaper of general circulation within the relevant municipality or county | Once a week for two successive weeks and ten days before the date of the hearing |
Exact wording:
“A) Notice of a public hearing must be published:
(1) once a week for two successive weeks in a newspaper of general circulation within the relevant incorporated municipality; or
(2) once a week for two successive weeks in a newspaper of general circulation within the relevant county.
(B) The notice of public hearing must describe in general terms the location of the proposed district, contain a general description of the proposed improvements, identify each owner of twenty-five percent or more by acreage of the real property situated in the area of the proposed district, and state the date, time, and place of the public hearing.
(C) The final publication must be at least ten days before the date of the scheduled public hearing. At the public hearing and at any adjournment of the meeting, all interested persons may be heard either in person or by attorney.”
Notice of adoption of an ordinance
6-35-170
When an ordinance is adopted, notice must be placed in a newspaper of general circulation in the district once a week for two consecutive weeks.
Section | Notice | Where | When |
|---|---|---|---|
6-35-170 | A notice of adopting an ordinance | In a newspaper of general circulation in the district | Once a week for two consecutive weeks |
Exact wording:
“(D) Notice of adoption of the ordinance shall be published in a newspaper of general circulation in the district once a week for two consecutive weeks. Any person affected by the action of the governing body may, by action de novo instituted in the court of common pleas for the county in which the district is located, within twenty days following the last publication of notice prescribed by this section, but not afterwards, challenge the action of the governing body.”
Notice of a public hearing to abolish the district
6-35-190
Before a district may be abolished, a public hearing must be held. Notice of the public hearing must be published in a newspaper of general circulation in the district two weeks before the hearing.
Section | Notice | Where | When |
|---|---|---|---|
6-35-190 | A notice of a public hearing on the abolishment of the district | In a newspaper of general circulation | Two weeks prior to the hearing |
Exact wording:
“The governing body may abolish the district if there are no outstanding bonds or other obligations secured by assessments. The governing body must first conduct a public hearing. Notice of the hearing must appear in a newspaper of general circulation in the district two weeks before the hearing is held.”
Find out more about public notices
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