Definitions.

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As used in this chapter, unless a different meaning clearly appears from the context:

(1) "Watershed conservation district" means a governmental subdivision of this State and a public body corporate and politic organized and functioning in accordance with this chapter for the purposes and with the powers and duties provided in this chapter and subject to its restrictions.

(2) "Director" means one of the members of the governing body of a watershed conservation district selected in accordance with this chapter. "Board of directors" means the governing body of a watershed conservation district.

(3) "Soil and water conservation district" means a governmental subdivision of this State and a public body corporate and politic organized in accordance with Chapter 9 of Title 48 for the purposes, with the powers, and subject to the restrictions in the chapter. It applies to all districts organized under law including districts originally designated as "soil conservation districts".

(4) "Commissioner" means one of the members of the governing body of each soil and water conservation district in which part of a watershed conservation district is situated. "Board of commissioners" means the governing body of the soil and water conservation district in which a watershed conservation district is situated or, if the watershed conservation district is situated in more than one soil and water conservation district, the joint governing bodies of the districts.

(5) "Petition" means a petition filed under Section 48-11-40 for the creation of a watershed conservation district.

(6) "Nominating petition" means a petition filed under Section 48-11-100(B) or (C) to nominate candidates for the office of director of a watershed conservation district.

(7) "State" means South Carolina.

(8) "Owner of land" includes a person, firm, or corporation holding legal or equitable title to lands or interest in lands lying within a watershed conservation district organized under this chapter.

(9) "Qualified elector" includes a person qualified to vote in elections by the people under the Constitution of this State.

(10) "Due notice" means notice published at least twice, with an interval of at least one week between the two publication dates, in a publication of general circulation within the appropriate area or, if no publication of general circulation is available, notice posted at a reasonable number of conspicuous places within the appropriate area. When possible, notice must be posted at public places where it is customary to post notices concerning county or municipal affairs generally.

(11) "Watershed" means the drainage area contributing stormwater runoff to a single point.

(12) "Department" means the Department of Natural Resources.

(13) "Division" means Land, Water, and Conservation Division.

(14) "Board" means the board of the Department of Natural Resources.

HISTORY: 1962 Code Section 63-171; 1967 (55) 1158; 1992 Act No. 408, Section 1; 1993 Act No. 181, Section 1198; 2019 Act No. 74 (H.4012), Section 8, eff May 16, 2019.

Effect of Amendment

2019 Act No. 74, Section 8, in (13), substituted "Land, Water, and Conservation Division" for "Land Resources and Conservation Districts Division".


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