South Carolina H 5111: Public Water System Connections

Status: Act No. 158 (as of 2026-05-26)

State: South Carolina · Session: 2025-2026 · Bill: H 5111

Sponsors: Duncan, Forrest, Gibson, Hartz, Lastinger, McCravy, Reese

Bill Text

2025-2026 Bill 5111 Text of Previous Version (Apr. 29, 2026) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 5111

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

Recalled

April 29, 2026

H. 5111

Introduced 
by Reps. Forrest, Lastinger, Hartz, Gibson, McCravy, Reese and Duncan

S. Printed 4/29/26--S.

Read the first time April 15, 2026

________

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 
5-31-60 SO AS TO AUTHORIZE PROPERTY OWNERS TO DRILL, OPERATE, AND MAINTAIN 
PRIVATE WATER WELLS ON AGRICULTURAL OR RESIDENTIAL PROPERTY; TO PROHIBIT 
COUNTIES AND MUNICIPALITIES FROM MANDATING CONNECTION TO MUNICIPAL WATER 
SYSTEMS ABSENT A DOCUMENTED PUBLIC HEALTH THREAT; TO ESTABLISH PRIMA FACIE 
EVIDENCE OF COMPLIANCE; TO PREEMPT CONFLICTING LOCAL ORDINANCES; AND TO PROVIDE 
FOR ENFORCEMENT AND PENALTIES.

Be it enacted by the 
General Assembly of the State of South Carolina:

SECTION 1. Article 1, Chapter 1, Title 6 of the S.C. Code is 
amended by adding:

 Section 
6-1-200. (A) For purposes of this 
section:

 (1) 
"Political subdivision" includes, but is not limited to, a municipality, 
county, special purpose district, or public service district.

 (2) 
"Impaired water quality" means a written determination by the Department of 
Environmental Services or the Department of Public Health that a public water 
system serving the jurisdiction is not in compliance with applicable state or 
federal drinking water standards.

 (B) 
Notwithstanding another provision of law, a political subdivision may not 
adopt, enforce, or maintain an ordinance, resolution, regulation, or rule that 
prohibits or unreasonably restricts the drilling, servicing, repair, 
installation, operation, or maintenance of a private water well located on and 
serving either agricultural or single-family residential property consisting of 
one-half acre or more.

 (1) Any 
property owner utilizing a well while connected to a water system must install 
necessary backflow prevention devices inspected and approved by the water 
provider or their third-party designee and the inspection costs must be paid by 
the property owner.

 (2) Political 
subdivisions operating a water system must create a registry for all property 
owners utilizing a well where water service is available. Property owners must 
register the well with the political subdivision.

 (3) Where 
water service is available from a political subdivision at the time of well 
installation, a property owner is subject to any base charges, fees, or 
assessments imposed by the political subdivision, notwithstanding the 
installation or use of a private well, and regardless of the amount of water 
consumed from the water system.

 (C) Upon 
a determination of impaired water quality pursuant to item (A)(2), and 
notwithstanding another provision of law, a political subdivision may not 
adopt, enforce, or maintain an ordinance, resolution, regulation, or rule that 
prohibits or unreasonably restricts the drilling, servicing, repair, 
installation, operation, or maintenance of a private water well on agricultural 
or residential property consisting of one-half acre or more otherwise 
authorized under state law.

 (D) Notwithstanding 
another provision of law, a political subdivision cannot require connection to 
a water system if the system is unable to provide service to that property. If 
the political subdivision is unable to provide services, the providing entity must 
notify the property owner in writing within thirty days of the request for 
service.

 (E) Nothing 
in this section may be construed to authorize a property owner to disconnect 
from a water system provided by a political subdivision and property connected 
to such a water system must remain connected to the system.

 (F) 
Nothing in this section alters the regulation, operation, or permitting of 
public or community wells regulated under state or federal law.

SECTION 2. This act takes effect upon approval 
by the Governor.

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This web page was last updated on April 29, 2026 at 10:23 PM

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