What authority did the Lake Wylie Marine Commission have over speeding boats and lake safety in 2005?

Plain-English summary

A legislator forwarded a request about speeding boats and other Lake Wylie nuisances. In 2005, the Attorney General said the Lake Wylie Marine Commission had broad statutory authority to act for public safety on the lake and shoreline. It could make rules affecting lake use, but those rules could not conflict with state law or state-agency regulations. The opinion also identified procedures for a public hearing, advance newspaper notice, and posting before a rule could be enforced.

The AG explained that a joint ordinance could extend enforcement authority to law-enforcement officers with jurisdiction over part of the lake or authorize the commission to hire special officers. Those powers remained subject to the statute's limits. On the specific concern about wake zones, he said consideration could be given to legislation establishing zones at Lake Wylie, as had been done for other waters. He did not declare that such zones already existed on the lake.

Currency note

This opinion was issued in 2005. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Could the commission adopt lake-use safety rules?
The opinion said yes, within the statutory scope and without conflicting with higher state law or agency rules. It described hearing and publication requirements before adoption and posting requirements before enforcement.

Who could enforce laws across the lake?
The statute quoted in the opinion allowed a joint ordinance to give qualifying officers peace-officer authority across Lake Wylie and its shoreline area. It also allowed the commission to hire special officers if the joint ordinance provided for them.

Did the AG identify an existing Lake Wylie no-wake zone?
No. He suggested considering legislation to establish such zones and cited examples for other waters.

Background and statutory framework

The opinion read the commission's safety-property and rulemaking powers together with the separate provision on territorial law-enforcement authority. The AG also suggested considering legislation for specific wake zones, citing laws enacted for other waters. He did not say the commission lacked power to act without it.

Citations and references

• Section 49-27-60: commission power concerning safety equipment and markers.
• Section 49-27-80: rulemaking limits, hearing, and notice requirements.
• Section 49-27-90: enforcement powers under a joint ordinance.

Official title

Questioning the powers and authority of the Lake Wylie Marine Commission.

Requester

The Honorable Ralph Norman, Member, House of Representatives

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/december-6-2005/
• Original PDF: https://www.scag.gov/wp-content/uploads/2011/03/05dec6norman.pdf

Original opinion text

The State of South Carolina

OFFICE OF THE ATTORNEY GENERAL
HENRY McMAsTER
ATTORNEY GE"JERAL

December 6, 2005

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The Honorable Ralph Norman
Member, House of Representatives
P. 0. Box 36518
Rock Hill, South Carolina 29732
Dear Representative Norman:
In a letter to this office you forwarded an opinion request from Mr. Forrest Wilkerson who has questioned the powers and authority of the Lake Wylie Marine Commission. At Mr. Wilkerson's suggestion, I contacted Ms. Linda Pilcher to clarify the question asked. In our telephone conversation she raised the question of what agency has the authority to address the problems at Lake Wylie dealing with speeding boats and other nuisances on the lake.

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Pursuant to S.C. Code Ann. §§ 49-27-10 et seq. the Lake Wylie Marine Commission was established. Pursuant to Section 49-27-60 the Commission is authorized to:

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(6) lease, rent, purchase, construct, otherwise obtain, maintain, operate, repair, and replace, either on its own or in cooperation with other public or private agencies or individuals, any of the following: boat docks, navigation aids, waterway markers, public information signs and notices, and other items of real and personal property designed to enhance public safety in Lake Wylie and its shoreline area, or protection of property in the shoreline area subject, however, to the provisions of Title 50, Code of Laws of South Carolina, 1976, or regulations promulgated under that title as to property within South Carolina and Chapter 113 of the General Statutes of North Carolina and rules promulgated under that chapter as to property within North Carolina. (emphasis added).

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Pursuant to Section 49-27-80
(A) Except as limited in subsection (B) of this section, by restrictions in any joint ordinance, and by other supervening provisions oflaw, the commission may make regulations applicable to Lake Wylie and its shoreline area concerning all matters relating to or affecting the use of Lake Wylie. These regulations may not conflict

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The Honorable Ralph Norman
Page 2
December 6, 2005

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with or supersede provisions of general or special acts or of regulations of state agencies promulgated under the authority of general law. 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. In lieu of or in addition to passing regulations supplementary to state law and regulations concerning the operation of vessels on Lake Wylie, the commission may, after public notice, request that the North Carolina Wildlife Resources Commission and the South Carolina Department of Natural Resources pass local regulations on this subject in accordance with the procedure established by appropriate state law. (B) Violation of any regulation of the commission commanding or prohibiting an act is a misdemeanor punishable by a fine not to exceed two hundred dollars or thirty days' imprisonment. (emphasis added). (C) The regulations promulgated under this section take effect upon passage or upon such dates as may be stipulated in the regulations except that no regulation may be enforced unless adequate notice of the regulation has been posted in or on Lake Wylie or its shoreline area. Adequate notice as to a regulation affecting only a particular location may be by a sign, uniform waterway marker, posted notice, or other effective method of communicating the essential provisions of the regulation in the immediate vicinity of the location in question. Where a regulation applies generally as to Lake Wylie or its shoreline area, or both, there must be a posting of notices, signs, or markers communicating the essential provisions in at least three different places throughout the area and it must be printed in a newspaper of general circulation in the three counties.

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Consistent with such, there is clear broad authority for the Lake Wylie Marine Commission to take action so as to promote public safety on the lake. Of course, as spelled out by such provisions, any such actions may not be inconsistent with State law or regulations of State agencies which were promulgated by any such agency. The jurisdiction oflaw enforcement officers to enforce the laws at Lake Wylie is provided by Section 49-27-90 which states: (A) Where a joint ordinance so provides, all law enforcement officers, or those officers as may be designated in the joint ordinance, with territorial jurisdiction as to any part of Lake Wylie or its shoreline area, within the limitations of their subject matter jurisdiction, have the authority of peace officers in enforcing the laws over all of Lake Wylie and its shoreline area.

The Honorable Ralph Norman
Page 3
December 6, 2005

(B) Where a joint ordinance provides it, the commission may hire special officers to patrol and enforce the laws on Lake Wylie and its shoreline area. These special officers have and may exercise all the powers of peace officers generally within the area in question and shall take the oaths and are subject to all provisions of law relating to law enforcement officers.

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(C) Every criminal violation must be tried in the county where it occurred. However, a certificate of training by the South Carolina Criminal Justice Academy, or a similar certificate issued by the North Carolina Criminal Justice Education and Training Standards Commission or the North Carolina Sheriffs' Education and Training Standards Commission, will suffice for certification in both states for the purposes of this chapter. (D) Where a law enforcement officer with jurisdiction over any part of Lake Wylie or its shoreline area is performing duties relating to the enforcement of the laws on Lake Wylie or in its shoreline area, he has such extraterritorial jurisdiction as may be necessary to perform his duties. These duties include investigation of crimes an officer reasonably believes have been, or are about to be, committed within the area in question. This includes traversing by reasonable routes from one portion of this area to another although across territory not within the boundaries of Lake Wylie and its shoreline area; conducting prisoners in custody to a court or detention facilities as may be authorized by law, although this may involve going outside the area in question; execution of process connected with any criminal offense alleged to have been committed within the boundaries in question, except that this process may not be executed by virtue of this provision beyond the boundaries of the three counties. This also includes continuing pursuit of and arresting any violator or suspected violator as to which grounds for arrest arose within the area in question. (E) Where law enforcement officers are given additional territorial jurisdiction under the provisions of this section, this is considered an extension of the duties of the office held and no officer shall take any additional oath or title of office. In our telephone conversation, Ms. Pilcher particularly raised the issue of wake zones at the Lake. Consideration could be given to seeking legislation specifically establishing such zones at the Lake. Similar legislation has been enacted in the past for other bodies of water. See, e.g., S.C. Code Ann. §§ 50-21-132 (no wake zone for Lake Moultrie) and 50-21-133 (no wake zone established for Sullivan's Island and the Combahee River).

The Honorable Ralph Norman
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December 6, 2005

With kind regards, I am,
Sincerely,

Charles H. Richardson
Senior Assistant Attorney General

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REVIEWED AND APPROVED BY:

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IROiiertD:COOk

Assistant Deputy Attorney General

cc:

Forrest C. Wilkerson, Esquire
Post Office Box 11624
Rock Hill, SC 29731
Ms. Linda Pilcher
265 Blue Heron Drive
Rock Hill, SC 29732