Did McCormick County need to adopt planning and zoning under the 1994 South Carolina act?

Plain-English summary

McCormick County Council asked whether it had to comply with the South Carolina Local Government Comprehensive Planning Enabling Act to continue planning and zoning. The Attorney General said yes. The 1994 act consolidated prior enabling laws and gave localities a five-year period to move their programs to conforming ordinances. After that transition, the county could continue planning and zoning only under ordinances complying with the new act.

The letter quoted the transition clause: the repealed planning laws would cease to govern after five years, while the new act could be implemented during the interim. Its answer concerned the transition as it stood in 1998; it did not establish a present-day deadline.

Currency note

This opinion was issued in 1998. 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

Q: Could McCormick County keep using its older planning authority indefinitely?
A: The AG said no. The prior enabling statutes were scheduled for repeal after the transition period.

Q: Could the county adopt conforming ordinances before the transition ended?
A: Yes. The letter said the 1994 act could be implemented at any point during the five-year period.

Q: What did the AG say was required to continue zoning afterward?
A: McCormick County had to proceed under the 1994 act and enact ordinances complying with it.

Background and statutory framework

The opinion compared the older planning statutes with the 1994 act's delayed repeal and conformity clause. Section 2 of the act supplied the transition rule on which the answer rested.

Citations and references

• Section 6-29-310 et seq., the act's codification identified in the letter.
• Section 2 of the 1994 Act, quoted for the transition.

Official title

Asking whether McCormick County must comply with the South Carolina Local Government Comprehensive Planning Enabling Act in order to continue the planning and zoning process in the County.

Requester

The Honorable Alonzo Harrison, Chairman, McCormick County Council

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/june-16-1998/
• Original PDF: https://www.scag.gov/wp-content/uploads/2013/11/98june16harrison1.pdf

Original opinion text

The State of South Carolina

OFFICE OF THE ATTORNEY GENERAL
CHARLES M. CONDON
ATTORNEY GENERAL

June 16, 1998
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The Honorable Alonzo Harrison
Chairman, McCormick County Council
Route 2, Box 84-AAA
McCormick, South Carolina 29835

Re:

Informal Opinion

Dear Mr. Harrison:
Your opinion request has been forwarded to me for reply. You have asked whether McCormick County must comply with the South Carolina Local Government Comprehensive Planning Enabling Act in order to continue the planning and zoning process in the County. For a number of years, local planning in South Carolina was governed by a myriad of statutes including Section 6-7-10 et seq. of the South Carolina Code of Laws. In 1994, the General Assembly enacted the South Carolina Local Government Comprehensive Planning Enabling Act. (hereinafter "the 1994 Act")( codified as Section 6-29-310 et seq.). The purpose of the 1994 Act was to consolidate and update the existing planning enabling legislation. In doing so, the General Assembly repealed legislation relating to the county planning act, zoning and planning by municipalities, planning by local governments, and the Greenville Planning Commission. However, understanding the immediate repeal of this planning and zoning enabling legislation would create numerous problems at the local level, the General Assembly provided localities a five year window to enact new planning and zoning ordinances which conform to the provisions of the 1994 Act. At any time during that five years, the localities are permitted to enact legislation in compliance with the 1994 Act. However, at the end of this five year period, planning and zoning under these repealed acts will become obsolete. Op. Atty. Gen. dated March 23, 1995. Specifically, Section 2 of the Act provides:

REMBERT

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POST OFFICE Box 11549

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COLUMBIA,

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TELEPHONE: 803-734-3970

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FACSIMILE: 803-253-6283

The Honorable Alonzo Harrison
Page 2
June 16, 1998
Chapter 27 of Title 4, Chapter 23 of Title 5, Section 6-7-310 through Section 6-7-1110, and Act 129 of 1963 are repealed, effective five years from the date of approval of this act by the Governor. At the end of five years, all local planning programs must be in conformity with the provisions of this act. During the intervening five years, this act is cumulative and may be implemented at any time.

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As you know, the five year time period to enact planning and zoning ordinances which conform to the provisions of the 1994 Act will be coming to an end in the near future. The language of Section 2 of the 1994 Act is clear "[a]t the end of five years, all local planning programs must be in conformity with the provisions of the act." Therefore, to continue the planning and zoning process in the future, McCormick County would be required to proceed under the 1994 Act and enact ordinances which comply therewith. This letter is an informal opinion only. It has been written by a designated assistant attorney general and represents the position of the undersigned attorney as to the specific questions asked. It has not, however, been personally scrutinized by the Attorney General nor officially published in the manner of a formal opinion. With kindest regards, I remain Very truly yours,

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Paul M. Koch
Assistant Attorney General