South Carolina H 4146: Local planning

Bill Text

2025-2026 Bill 4146 Text of Previous Version (Mar. 05, 2025) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 4146

Indicates Matter Stricken
Indicates New Matter

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

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS 
BY ADDING SECTION 6-29-275 SO AS TO ALLOW LOCAL GOVERNING AUTHORITIES TO MAKE 
CHANGES TO DEVELOPMENT RIGHTS BY ORDINANCE, UNDER CERTAIN CIRCUMSTANCES.

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

SECTION 1. Article 5, Chapter 29, Title 6 
of the S.C. Code is amended by adding:

 Section 
6-29-275. (A) Any local governing 
authority may provide, by ordinance, for:

 (1) the voluntary transfer of the 
development rights permitted on one parcel of land to another parcel of land;

 (2) restricting or prohibiting further 
development of the parcel from which development rights are transferred, known 
as the sending property; and

 (3) increasing the density or intensity 
of development of the parcel to which such rights are transferred, known as the 
receiving property.

 (B) The ordinance must:

 (1) designate and show on the zoning 
map sending zones from which development rights may be transferred and 
receiving zones to which such rights may be transferred and used for 
development. When designating sending and receiving zones, local governments 
should assess the direct and indirect impacts to existing residents including, 
but not limited to, increased property values, and should make that information 
publicly available. These zones may be designated by a local governing 
authority as a special use district or as overlaying other zoning districts;

 (2) assure that the prohibitions 
against the use and development of the sending property bind the landowner and 
every successor in interest to the landowner;

 (3) provide for the severance of 
transferable development rights from the sending property and the immediate or 
delayed transfer of development rights to a receiving property;

 (4) enable the purchase, sale, 
exchange, or other conveyance of transferable development rights prior to the 
rights being affixed to a receiving property;

 (5) assure the right of a municipality 
or county to purchase development rights and to hold them for conservation 
purposes or resale;

 (6) assure the right of a person to 
purchase development rights and to hold them for conservation purposes;

 (7) prohibit the sale of fractional 
interests in development rights; and

 (8) include such other provisions as 
the local governing body deems necessary to aid in the implementation of this 
section.

 (C) The local governing authority must 
verify that development rights proposed for sale are intact and have not been 
previously relinquished via conservation easement or other mechanism.

 (D) Two or more local governing 
authorities may enter into intergovernmental agreements for the purpose of 
enacting interdependent ordinances providing for the transfer of development 
rights between or among jurisdictions, provided that the agreement otherwise 
complies with applicable laws. Any ordinance enacted pursuant to this 
subsection may provide for additional notice, hearing, and signage requirements 
applicable to properties within the sending and receiving zones in each 
participating political subdivision.

 (E) This act, or any provision thereof, 
does not invalidate any completed transfer of development rights pursuant to 
any earlier statute, ordinance, or regulation, if the transfer was valid at 
that time.

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

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This web page was last updated on March 05, 2025 at 11:58 AM