Did Berkeley County have to hold a noticed zoning hearing before a council member introduced an amendment?

Plain-English summary

Berkeley County’s planning and codes counsel asked whether a public hearing with fifteen days’ notice had to precede introduction of a zoning amendment to county council. The Assistant AG compared the local zoning ordinance with Section 4-9-130 and Section 6-7-730. He said the cited state provision required the public hearing before final council action, but did not make hearing a prerequisite to a council member’s introduction of an amendment.

He cited prior office guidance permitting a hearing at the first or second ordinance reading so long as the notice requirements were met, and recommended holding it early enough for the public to comment. The PDF calls this a follow-up to a letter sent June 3 while bearing a June 2 date; this page retains the date printed on the official document rather than resolving that discrepancy.

Currency note

This opinion was issued in 1997. 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: Was a public hearing required before introducing an amendment? A: The author said no; the cited statute placed the hearing before final council action.

Q: Could the hearing coincide with an ordinance reading? A: He cited prior office advice that it could occur at the first or second reading if notice requirements were met.

Q: Did the letter dispense with public notice?
A: No. It described a fifteen-day published notice requirement for the hearing under the provisions then discussed.

Background and statutory framework

Section 4-9-130 required a noticed hearing before final council action on zoning regulations. The opinion said Berkeley County Ordinance Section 14.3 and Section 6-7-730 were consistent with that timing and relied on an AG opinion dated January 26, 1979 for holding a hearing at a reading.

Citations and references

1997 provisions discussed: Section 4-9-130; Section 6-7-730; Berkeley County Ordinance Section 14.3. Prior AG opinion: January 26, 1979.

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/june-2-1997-2/
• Original PDF: https://www.scag.gov/wp-content/uploads/2013/12/97june2limder.pdf

Original opinion text

The State of South Carolina

OFFICE OF THE ATTORNEY GENERAL
CHARLES MOLONY CONDON

ATTORNEY GENERAL

June 2, 1997

Amelia R. Linder, Legal Counsel and Director
Berkeley County Planning and Codes Enforcement
223 North Live Oak Drive
Moncks Comer, South Carolina 29461-3707
Re:

Informal Opinion

Dear Ms. Linder:
This opinion is a follow up to the opinion addressed and sent to you on June 3, 1997. You have asked whether a public hearing upon fifteen days' notice must be held before a proposed zoning amendment is· introduced to county council. Pursuant to Section 14.3 of the Berkeley County Zoning and Development Standards Ordinance, prior to enacting an amendment, County Council shall hold a public hearing thereon, at least fifteen days notice of the time and place of which shall be published in a newspaper of general circulation in the County. The Ordinance was enacted pursuant to, and is consistent with, Section 6-7-730 of the South Carolina Code of Laws. Section 4-9-130, entitled "[P]ublic hearings on notice must be held in certain instances .... ," provides in pertinent part: Public hearings, after reasonable public notice, must be held before final council action is taken to:

(4) adopt zoning and subdivision regulations;

R!:MRl!RT

c. DF.NNIS BUILDINO

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POST OFFICE Box l 1549

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COLUMBIA.

s.c. 29211-1549

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TELEPHONE: 803-734-3970

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FACSIMILE: 303-253-6283

Ms. Linder
Page 2
June 2, 1997
Not less than fifteen days' notice of the time and place of such hearings shall be published in at least one newspaper of general circulation in the county.

The procedures found in Section 4-9-130 require a public hearing upon fifteen days' notice before final council action is taken on zoning regulations. (The notice and hearing requirements being consistent with the Ordinance and Section 6-7-730). Section 4-9-130 does not contain a requirement that a public hearing upon fifteen days' notice be held prior to the introduction by a council member of an amendment to the zoning regulations. In fact, this Office has previously opined that the public hearing can be held at the same time of the first or second readings of the ordinance so long as the notice requirements are met. Op. Any. Gen. dated January 26, 1979. Of course, I would recommend that the public hearing be held as soon along in the process ·as possible so as to allow the public to voice their opinions on the zoning regulations.

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,

~A~~
Paul M. Koch
Assistant Attorney General