South Carolina H 4390: Zoning

Bill Text

2025-2026 Bill 4390 Text of Previous Version (Apr. 23, 2025) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 4390

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 ENACTING THE 
"COMMUNITY IMPACT AND OPPORTUNITY ASSESSMENT ACT" by adding section 6-29-970 SO 
AS TO DEFINE TERMS, REQUIRE COMMUNITY IMPACT ASSESSMENTS, REQUIRE LOCAL GOVERNMENTS 
TO ASSIGN THE RESPONSIBILITY FOR CONDUCTING COMMUNITY IMPACT ASSESSMENTS, 
REQUIRE TRANSPARENCY AND COMMUNITY ENGAGEMENT, AND TO PROVIDE STATEWIDE 
GUIDANCE.

Whereas, zoning, land 
use, and housing development decisions can have long-term effects on local 
infrastructure, housing affordability, taxpayer investment, and community 
stability; and

Whereas, responsible 
growth requires that local governments consider how proposed developments 
affect residents who are vulnerable to displacement or lack access to economic 
opportunity. Now, therefore,

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

SECTION 1. This act may be cited as the "Community Impact and Opportunity 
Assessment Act."

SECTION 2. Article 5, Chapter 29, Title 6 of the S.C. Code is 
amended by adding:

 Section 
6-29-970. (A) For purposes of this 
section:

 (1) 
"Community Impact Assessment" means a written review that evaluates how a 
proposed land use or housing action will affect existing residents, public 
services, and community access to opportunity.

 (2) 
"Impact populations" include:

 (a) 
low-to moderate-income residents;

 (b) 
renters in areas undergoing rapid development;

 (c) 
seniors and disabled individuals on fixed incomes; and

 (d) 
long-term residents of historically underserved communities.

 (3) 
"Covered action" means any proposed action by a local government that:

 (a) 
changes zoning classifications or land use designations;

 (b) 
approves a residential or mixed-use development project of more than ten units 
or ten thousand square feet;

 (c) 
disposes of publicly owned land for private development; or

 (d) 
alters housing or land use policies that may affect affordability, 
accessibility, or community displacement.

 (B) 
Before a covered action is approved by a planning commission, local council, 
zoning board, or related body, a community impact assessment must be completed. 
The assessment must:

 (1) 
determine whether impacted populations live in the affected area;

 (2) 
evaluate the potential for:

 (a) 
increased or decreased access to affordable housing;

 (b) 
indirect or direct residential displacement;

 (c) 
increased burden on existing infrastructure or public services; and

 (d) 
expansion or restriction of access to jobs, transportation, education, and 
essential services; and

 (3) 
propose any strategies or recommendations to minimize harmful impacts and 
support community stability and opportunity.

 (C) 
Each local government must assign responsibility for conducting or reviewing 
community impact assessments to its existing planning or community development 
department of an external planning or policy consultant approved by the local 
government. The local government must ensure community impact assessments are 
conducted by trained staff or qualified professionals with knowledge in land 
use, housing, and public service planning.

 (D) A 
community impact assessment must be:

 (1) 
published online with other development documents;

 (2) 
included in public meeting agendas or packets; and

 (3) 
presented at public hearings on the proposed development action.

 (E) 
Local governments must make reasonable efforts to:

 (1) 
notify residents and community groups in the affected areas;

 (2) 
offer opportunities for public comment and dialogue; and

 (3) 
document feedback received and how it influenced final decisions.

 (F) 
The South Carolina Department of Commerce, in coordination with the Municipal 
Association of South Carolina and the South Carolina Association of Counties, 
must:

 (1) 
develop and distribute model templates and best practices for conducting 
community impact assessments;

 (2) 
provide technical assistance to local governments; and

 (3) 
collect voluntary reports from local governments on use of this process, 
challenges, and measurable community outcomes.

SECTION 3. This act takes effect upon approval 
by the Governor.

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This web page was last updated on April 23, 2025 at 02:05 PM