Public Notice Guide: Waters, Water Resources and Drainage
General
Notice of the sale of drifted lumber
49-1-50
Prior to selling drifted lumber at auction, notice must first be given at least three times and at least three days before the date of sale in the newspaper with the greatest circulation in the county where the lumber was found, giving a description of any identifiable marks on the lumber.
Section | Notice | Where | When |
|---|---|---|---|
49-1-50 | A notice giving a description of the drifted lumber | A newspaper with the greatest circulation in the county where the lumber was found | At least three times and at least three days prior to the date of sale |
Exact wording:
“(A) No person may sell any drifted lumber or timber, not the property of the person, without first advertising the sale of it at public auction at least three times and at least three days before the date of the sale in the newspaper having the greatest circulation in the county in which the drifted lumber or timber is found and taken, giving an accurate description of any and all marks by which the lumber or timber may be identified.”
South Carolina Surface Water Withdrawal, Permitting Use, and Reporting Act
Notice of a proposed surface water withdrawal
49-4-80
Notice must be provided within thirty days of an application for a new or modified surface water withdrawal permit. In addition to the department’s usual public notice procedures, it must also publish notice in a newspaper of statewide circulation, in the local newspaper with the greatest general circulation in the affected area, and on the department’s website. The notice must contain the location and amount of the proposed withdrawal, the use for which the water will be withdrawn, and the process for requesting a public hearing concerning the application.
Section | Notice | Where | When |
|---|---|---|---|
49-4-80 | A notice of a proposed surface water withdrawal that contains the location and amount of the proposed withdrawal, the use for which the water will be withdrawn, and the process for requesting a public hearing concerning the application | A newspaper of statewide circulation, in the local newspaper with the greatest general circulation in the affected area, and on the department’s website | Within thirty days of an application |
Exact wording:
“(K)(1) Except as provided in Section 49-4-90, upon receipt of a new surface water withdrawal permit application or an application to significantly increase the amount of water that may be withdrawn under an existing permit and the appropriate filing fee, the department must, within thirty days, provide the public with notice of the application. In addition to the department’s usual public notice procedures, the department must publish notice of the application in a newspaper of statewide circulation and in the local newspaper with the greatest general circulation in the affected area and on the department’s website. The public notice must contain the location and amount of the proposed withdrawal, the use for which the water will be withdrawn, and the process for requesting a public hearing concerning the application. If within thirty days of the publication of the public notice the department receives a request to hold a public hearing from at least twenty citizens or residents of the affected area, the department must conduct a hearing. The hearing must be held within ninety days at an appropriate time and in an appropriate location near the specific site from which surface water withdrawals are proposed to be made.”
Notice of a new surface withdrawal permit application for an interbasin transfer
49-4-90
Within thirty days of receiving a new surface withdrawal permit application for an interbasin transfer, notice must be given by publication in the South Carolina State Register, publication in a newspaper of general circulation in the affected area of the river basin downstream from the point of withdrawal, by publication on the department’s website, and through standard United States mail to water withdrawal permit holders, NPDES permit holders, governing bodies located within the river basin, and any agency from another state where an interstate water basin is the source of the proposed transfer.
Section | Notice | Where | When |
|---|---|---|---|
49-4-90 | A notice of a new surface withdrawal permit application for an interbasin transfer | A newspaper of general circulation in the affected area, in the South Carolina State Register, on the department’s website, and through US mail to certain permit holders and governing bodies | Within thirty days of receipt |
Exact wording:
“(B) Upon the receipt of a new surface withdrawal permit application for an interbasin transfer and the appropriate filing fee, the department must, within thirty days, provide notice as required in this section, in the following manner:
(1) by publication in the South Carolina State Register;
(2) by publication in a newspaper of general circulation in the affected area of the river basin downstream from the point of withdrawal;
(3) by publication on the department’s website; and
(4) through standard United States mail to:
(a) any person holding a permit issued by the department authorizing surface water withdrawals, including interbasin transfers, from the river basin from which the water for the proposed transfer would be withdrawn;
(b) any person holding a National Pollutant Discharge Elimination System (NPDES) wastewater discharge permit authorizing wastewater discharge into the river basin where the proposed withdrawal point of the proposed interbasin transfer is located;
(c) any city or county governing body whose jurisdiction is located entirely or partially within the river basin that is the source of the proposed transfer;
(d) the governing body of a public water supply system that withdraws water from the same river basin where the proposed withdrawal point of the proposed transfer is located; and
(e) any agency from another state where an interstate water basin is the source of the proposed transfer.”
Flooding of Cemeteries or Burial Grounds by Power or Water Companies
Publication of a notice on the creation of an artificial lake, pond or reservoir on cemetery or burial ground
49-9-10
A notice for the purpose of a proposal of an artificial lake, pond or reservoir on a cemetery or burial ground must be made public. A notice may be published in a newspaper in the county or counties where this is located once a week for four consecutive weeks. The notice needs to contain the name(s) of persons buried that will be covered by water, the names of all family and other burying grounds, any other information that would serve to designate the known graves in the area, and a call to all relatives of persons buried requesting a statement of their wishes.
Section | Notice | Where | When |
|---|---|---|---|
49-9-10 | A notice of a proposed creation of an artificial lake, pond or reservoir on a cemetery or burial ground. The notice needs to contain the name(s) of persons buried that will be covered by water, the names of all family and other burying grounds, any other information that would serve to designate the known graves in the area, and a call to all relatives of persons buried requesting a statement of their wishes. | A newspaper in the county or counties where it may be located, or if no newspaper then a newspaper having general circulation in the county or counties | Once a week for four consecutive weeks |
Exact wording:
“Any water-power or reservoir company proposing to create an artificial lake, pond or reservoir on land whereon is situated a cemetery or burying ground shall, before the creation of such lake, pond or reservoir, cause to be published once a week for four successive weeks in a newspaper published in the county or counties in which such lake, pond or reservoir shall be created or, if there be no such newspaper, in a newspaper having general circulation in such county or counties a notice which shall set forth (a) the names, if known, of all persons buried within the area to be covered by water, (b) the names, if known, of all family and other burying grounds within such area and (c) such other information as may be known to the company and which would serve to designate the known graves or graveyards within such area. Such notice shall further contain a provision calling upon the relatives of all persons buried within such area to furnish to the company in writing within a stated period of time, to be not less than thirty days from the date of last publication, a statement of their wishes with respect to the disposition of the remains of the persons so buried, signed by the person making the request and giving his post-office address.”
Drainage Districts under 1911 Act
Notice of hearing to establish a drainage or levee district
49-17-300
If a drainage district is to be established under the 1911 act, then a public notice must be published in a newspaper of general circulation for two consecutive weeks in the county or counties of the proposed district. Notices should also be posted in five conspicuous places. There must be at least fifteen days between the publication and posting of the notices and the date set for the hearing.
Section | Notice | Where | When |
|---|---|---|---|
49-17-300 | Notice of a public hearing on a proposed drainage district under the 1911 act | A newspaper of general circulation in the county or counties affected | Fifteen days prior to the date of the hearing |
Exact wording:
“If the petition is entertained by the clerk of court notice shall be given by publication for two consecutive weeks in some newspaper of general circulation within the county or counties, if one shall be published in such counties, and also by posting a written or printed notice at the door of the courthouse and at five conspicuous places within the drainage district that on the date set, naming the day, the clerk of court will consider and pass upon the report of the viewers. At least fifteen days shall intervene between the date of publication and the posting of notices and the date set for the hearing.”
Notice of hearing on final report
49-17-610
When a final report for the established drainage or levee district is complete and accepted by the clerk of court, then a date can be made for a final hearing that will be held not less than twenty days from that date. A notice of this hearing must be published in a newspaper of general circulation in the county at least two weeks prior to the final hearing. A notice must also be made public on the county courthouse door and five conspicuous places.
Section | Notice | Where | When |
|---|---|---|---|
49-17-610 | A notice of a final hearing on the completed report of a drainage or levee district under the 1911 act | A newspaper of general circulation in the county | At least two weeks prior to the final hearing |
Exact wording:
“When the report is fully completed and accepted by the clerk, a date, not less than twenty days thereafter, shall be fixed by the clerk for the final hearing upon the report and notice thereof shall be given by publication in a newspaper of general circulation in the county and by posting a written or printed notice on the door of the courthouse and at five conspicuous places throughout the district, such publication to be made for at least two weeks before the final hearing. During this time a copy of the report shall be on file in the office of the clerk of the court of common pleas and shall be open to the inspection of any landowner or other person interested within the drainage district.”
Notice of contract for improvements
49-17-1010
If construction for improvements is to be made on a drainage district, then the commissioners must publish a notice of the improvements for two consecutive weeks. The notice shall be placed in a newspaper in the county where the improvements will take place, and in an engineering or contracting journal of wide circulation for the same length in time. The notice needs to contain the approximate amount of work to be done and the estimated time of completion.
Section | Notice | Where | When |
|---|---|---|---|
49-17-1010 | A notice of improvements that will be made to a drainage district. The notice shall contain the approximate amount of work to be done and the estimated time of completion | A newspaper in the county and an engineering or contract journal with statewide circulation for the same length of time | Two consecutive weeks |
Exact wording:
“The board of drainage commissioners shall cause notice to be given for two consecutive weeks in some newspaper published in the county wherein such improvement is located, if such there be, and publication for the same length of time in at least one engineering or contracting journal of wide circulation of the time and place of letting the work of construction of such improvement. In such notice they shall specify the approximate amount of work to be done and the time fixed for the completion thereof.”
Notice of proposed bond issue
49-17-1330
If an estimate of improvements exceeds twenty-five cents per acre on all the lands, then a notice by the commissioners may be placed for the proposed issuance of bonds. This is a three week notice prior to issuance. The notice can be published in a newspaper of general circulation in the district, posted at the courthouse door and in five conspicuous places. The notice shall contain the proposal, the amount of bonds to be issued, the rate of interest and the time when the bonds shall be paid.
Section | Notice | Where | When |
|---|---|---|---|
49-17-1330 | A notice of the issuance of bonds for the improvements on a drainage district if it exceeds twenty-five cents per acre on all the lands. The notice shall contain the proposal, the amount of bonds to be issued, the rate of interest and the time when the bonds shall be paid | A newspaper with general circulation in the district, and posted at the courthouse door and in five conspicuous places | Three weeks prior |
Exact wording:
“In case the total assessment exceeds the average of twenty-five cents per acre on all the lands in the district the board of drainage commissioners may give notice of three weeks by publication in some newspaper of general circulation in the district, if there be one, and also by posting a written or printed notice at the door of the courthouse and at five conspicuous places in the drainage district that they propose to issue bonds for the construction of such improvement, giving the amount of bonds to be issued, the rate of interest they are to bear and the time when payable.”
Drainage Districts under 1920 Act
Notice of filing of petition to establish a draining district
49-19-250
After a petition has been filed for the establishment of a drainage district under the 1920 act, then the clerk in the office where the notice was filed shall give notice. The notice needs to be published once a week for four consecutive weeks in a newspaper in each county where the lands in the petition are located. The last publication should not be less than twenty days before the date fixed in the notice.
Section | Notice | Where | When |
|---|---|---|---|
49-19-250 | A notice of the petition for the establishment of a drainage district under the 1920 act | A newspaper in each county where the lands in the petition are located | Once a week for four consecutive weeks |
Exact wording:
“Immediately after such petition shall have been filed, the clerk in whose office it has been filed shall give notice by causing publication to be made once a week for four consecutive weeks in some newspaper published in each county in which the lands referred to in the petition are situate, the last publication to be not less than twenty days before the appearance day fixed in the notice.”
Notice of meeting to elect board of supervisors
49-19-510
Once a drainage district has been organized and incorporated, a meeting to elect a board of three supervisors must be made that will be held no later than twenty days from the time of incorporation. A notice of this meeting must be published once a week for two consecutive weeks in a newspaper published in each county where the lands are located, with the last publication not less than ten nor more than fifteen days before the date of the meeting. The notice needs to contain the time and place of the meeting.
Section | Notice | Where | When |
|---|---|---|---|
49-19-510 | A notice of the time and place of a meeting to elect a board of three supervisors for a drainage district | A newspaper published in each county where the lands are located | The last publication cannot be less than ten nor more than fifteen days before the date of the meeting |
Exact wording:
“Within twenty days after any drainage district shall have been organized and incorporated under the provisions of Article 3 of this chapter the clerk of the court in which the petition has been filed shall, upon giving notice by causing publication thereof to be made once a week for two consecutive weeks in some newspaper published in each county in which lands of the district are situate, the last insertion to be not less than ten nor more than fifteen days before the day of such meeting, call a meeting of the owners of the lands situate in the district at a day and hour specified at some public place in the county in which the district was organized for the purpose of electing a board of three supervisors, to be composed of owners of lands in the district, two of whom at least shall be residents of the county or counties in which such district is situate or some adjoining county.”
Notice of the filing of the report for the appraisal commissioners
49-19-1020
Once the report by the commissioners on the appraisal of a drainage district has been filed, the clerk of court of common pleas shall then give notice by publication. The notice shall be placed in a newspaper in each county where the land in the report is located, once a week for two consecutive weeks. The last day of publication is to be made ten days prior to the date set for the filing of exceptions.
Section | Notice | Where | When |
|---|---|---|---|
49-19-1020 | A notice of the filing of an appraisal report for a drainage district | A newspaper in each county where the land in the report is located | Once a week for two consecutive weeks with the last publication being placed ten days prior to the date set for exceptions |
Exact wording:
“Upon the filing of the report of the commissioners the clerk of the court of common pleas shall give notice thereof by causing publication to be made once a week for two consecutive weeks in some newspaper published in each county in which there are lands covered by the report, the last publication to be made at least ten days before the day to be named in such notice on which exceptions may be filed.”
Notice of suit to enforce lien due to delinquent taxes
49-19-1820
A notice of a suit that is pending on the delinquency of payment on drainage taxes must be published once a week for four successive weeks before a judgment can be made on the sale of the land. The notice shall be placed in a newspaper in the county where the land is situated. An example of the notice can be found below.
Section | Notice | Where | When |
|---|---|---|---|
49-19-1820 | A notice of a pending suit for the sale of land due to lack of payment on drainage taxes | A newspaper in the county where the land is situated | Once a week for four successive weeks |
Exact wording:
“Notice of the pendency of such suit shall be given by publication once each week for four successive weeks before judgment is entered for the sale of such lands in some newspaper published in the county in which such suits may be pending.”
Notice of judgment in suit to enforce lien
49-19-1860
If there is no answer to the filed suit for the lack of payment on drainage taxes on or before the time set, then judgment on the suit may take place. An advertisement of the sale of the land must be placed once a week for three consecutive weeks in a newspaper in the county. Afterwards, the sale is to be made by the sheriff at the courthouse door of the county where the suit is pending to the highest bidder.
Section | Notice | Where | When |
|---|---|---|---|
48-19-1860 | An advertisement of the sale of land if there is no answer to the suit filed for the lack of payment on drainage taxes | A newspaper in the county | Once a week for three consecutive weeks |
Exact wording:
“By such decree the court shall direct the sheriff to sell the land described in the complaint to the highest bidder for cash in hand at public outcry at the courthouse door of the county wherein the suit is pending after having first advertised such sale once each week for three consecutive weeks in some newspaper published in the county. Such advertisement may include all the lands described in the decree and ordered sold.”
South Carolina Drought Response Act
Functions of the Department of Natural Resources (in reference to a notice of a drought alert)
49-23-50
A notice of each drought alert phase shall be published by the Department of Natural Resources at least once during the phase. This should be done by publication in a newspaper of general circulation in the areas that will be affected. Notice should also be given to the media in each drought management area.
Section | Notice | Where | When |
|---|---|---|---|
49-23-50 | A notice of each drought alert by the Department of Natural Resources | A newspaper of general circulation in each affected area | At least once at each drought alert phase |
Exact wording:
“(2) The department shall publish notice of each drought alert phase at least once in a newspaper of general circulation in the areas affected and provide notice to the media in each drought management area at each drought alert phase;” Part e
Notice of regulations regarding nonessential water use
49-23-70
If the Drought Response Committee has determined that there is a need to cut back on nonessential water, a notice must be given. The notice needs to be widely distributed to news media and published in a newspaper of general circulation in each affected county at least once a week while the regulations are in effect.
Section | Notice | Where | When |
|---|---|---|---|
49-23-70 | A notice of determination on the need to cut back on nonessential water use | A newspaper of general circulation in each affected area | Once a week |
Exact wording:
“Following the determination, the department shall issue a declaration specifying the drought management areas affected and identifying the categories of nonessential water use to be curtailed. The declaration must be widely distributed to news media and must be published at least once a week in a newspaper of general circulation in each county affected. Any person adversely affected by mitigation or mandatory curtailment may, within ten days after such curtailment becomes effective, submit appropriate information to the department and obtain relief therefrom as is appropriate.” Part C
Lake Wylie Marine Commission
Notice of an identical ordinance from all three counties
49-27-70
Upon receiving identical ordinances from all three counties (Mecklenburg and Gaston Counties, North Carolina, and York County, South Carolina), the directors must publish the text of the ordinance in a newspaper of general circulation in the three counties within ten days.
Section | Notice | Where | When |
|---|---|---|---|
49-27-70 | A notice of an identical ordinance from all three counties | A newspaper of general circulation in the three counties | Within ten days of receipt |
Exact wording:
“When the directors receive ordinances that are in substance identical from all three counties concerned, they, in accordance with procedures agreed upon, shall, within ten days, certify this fact and distribute a certified single ordinance text to the following:
(1) the Secretary of State of North Carolina and the Secretary of State of South Carolina;
(2) the clerk to the governing board of each of the three counties;
(3) the clerk of superior court of Mecklenburg and Gaston Counties and the clerk of court of York County. Upon request, the directors also shall send a certified single copy of any and all applicable joint ordinances to the chairman of the commission;
(4) a newspaper of general circulation in the three counties.” Part A
Notice of a public hearing on regulations for Lake Wylie
49-27-80
Notice of a public hearing for the adoption and filing of any regulations that are made applicable to Lake Wylie must be published in a newspaper of general circulation in the three counties of Lake Wylie. The notice shall be placed at least ten days prior to the hearing.
Section | Notice | Where | When |
|---|---|---|---|
49-27-80 | A notice for a public hearing on the adoption and filing of regulations for Lake Wylie | A newspaper of general circulation in the three counties of Lake Wylie | At least ten days prior to the hearing |
Exact wording:
“No regulations adopted under the provisions of this section may be adopted by the commission except after public hearing, with publication of notice of the hearing in a newspaper of general circulation in the three counties at least ten days before the hearing.” Part A
Lake Wateree Marine Advisory Commission
Notice of a joint county ordinance
49-28-70
Upon receiving identical ordinances from all three counties (Fairfield, Kershaw, and Lancaster Counties, South Carolina), the directors must publish the text of the ordinance in a newspaper of general circulation in the three counties within ten days.
Section | Notice | Where | When |
|---|---|---|---|
49-28-70 | A notice of an identical ordinance from all three counties | A newspaper of general circulation in the three counties | Within ten days of receipt |
Exact wording:
“A) A copy of the joint ordinance creating the commission and of a joint ordinance amending or repealing the joint ordinance creating the commission must be filed with the director of the department. When the director receives substantially identical ordinances from all three of the counties in accordance with procedures agreed upon, he shall certify this fact and distribute, within ten days, a certified single ordinance text to the following:
(1) the Secretary of State of South Carolina;
(2) the clerk to the county council of each of the three counties;
(3) the clerk of court of each of the three counties; and
(4) a newspaper of general circulation in the three counties. Upon request, the director also shall send a certified single copy of an applicable joint ordinance to the chairman of the commission.”
Notice of essential provisions of Lake Wateree enactment
49-28-80
Essential provisions of a Lake Wateree enactment must be published in a newspaper of general circulation in the three counties, as well as posted in at least three different high traffic areas.
Section | Notice | Where | When |
|---|---|---|---|
49-28-80 | A notice of the essential provisions of a Lake Wateree enactment | A newspaper with general circulation in the three counties, and three different high traffic areas | After enactment of provisions relating to Lake Wateree |
Exact wording:
“If an enactment applies generally as to Lake Wateree or its shoreline area, or both, notices, signs, or markers communicating the essential provisions must be posted in high traffic areas at least three different, conspicuous places throughout the area, and notice printed in a newspaper of general circulation in the three counties.” Part C
South Carolina Scenic Rivers
Notice of a public meeting on proposed designation of river as a scenic river
49-29-60
Before a river or river segment can be added to the scenic river program, a public meeting must be held on the proposal. A notice of this meeting must be published at least thirty days prior to the meeting in a newspaper having general circulation in each county containing/bordering the river, in a newspaper having general circulation in the State, and in the State Register.
Section | Notice | Where | When |
|---|---|---|---|
49-29-60 | A notice of a public meeting on a proposed river or river segment being added to the scenic river program | A newspaper having general circulation in each county containing/bordering the river, in a newspaper having general circulation in the State, and in the State Register | At least thirty days prior to the meeting |
Exact wording:
“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 meeting is to solicit comments from the public concerning the proposed designation of a river or river segment. Notice of this meeting must be published at least thirty days before the meeting in the State Register and in a newspaper having general circulation in each county containing or bordering the river or river segment under study and in a newspaper having general circulation in the State. Landowners along the proposed river or river segment also must be notified by letter.”
Notice of eligibility as a state scenic river
49-29-90
Once DNR has declared the river or river segment eligible as a state scenic river, a notice of this action must be published in a newspaper of general circulation in the State. The notice should also be placed in the State Register, with written notice being given to the Department of Administration, the Department of Revenue, and the affected units of local government. The notice shall contain the boundaries of the river or river segment. Afterwards, DNR will submit the same notice to the General Assembly for review.
Section | Notice | Where | When |
|---|---|---|---|
49-29-90 | A notice of the eligibility of a river or river segment as a state scenic river. The notice shall contain the boundaries of the river or river segment | A newspaper of general circulation in the State and the State Register. Written notice to the Departments of Administration and Revenue, as well as affected local governments. Lastly, to the General Assembly | Once eligibility has been declared |
Exact wording:
“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 the State Register and provide written notice to the Department of Administration, the Department of Revenue, and the affected units of local government. Notice of eligibility also must be published in a newspaper of general circulation in the State to apprise interested parties of the opportunities under Section 49-29-100. The notice must describe the boundaries of the river or river segment. Following notice of eligibility, the department shall submit the same to the General Assembly for review.”
Public Waters Nuisance Abatement Act
Notice of intention to remove unpermitted structures
49-30-70
Prior to the removal of an unpermitted structure, ten days’ written notice must be given to the owner of the structure by the party seeking the removal. If the owner of the unpermitted structure cannot be identified, then the removing party must give notice in a newspaper of general circulation in the county where the unpermitted structure is located, containing a request that it be published at least once a week for four consecutive weeks. Notice must also be placed in at least three public places within the county where the unpermitted structure is located during the same four-week period. The notice must describe the unpermitted structure, its location, and the intention to have it removed.
Section | Notice | Where | When |
|---|---|---|---|
49-30-70 | A notice of the intention to remove an unpermitted structure that must describe the unpermitted structure, its location, and the intention to have it removed | A newspaper of general circulation in the county where the unpermitted structure is located, as well as three public places in the county | At least once a week for four consecutive weeks |
Exact wording:
“(C) No proceeding against the owner of an unpermitted structure shall be commenced unless ten days’ written notice is given by the party instituting the action to the owner or his agent. If the party bringing the action cannot determine who owns the unpermitted structure, he may give notice of his intention to bring an action by forwarding a notice of his intention to a newspaper of general circulation in the county where the unpermitted structure is located with a request that it be published at least once a week for four consecutive weeks and by posting notice in at least three public places within the county where the unpermitted structure is located during the same four-week period. A notice by publication must describe the unpermitted structure, its location, and the intention of the party maintaining the action to enjoin the use of the unpermitted structure and obtain a court order to have it removed.”
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