Could Allendale County charge a fire-protection fee on forest and agricultural land?

Plain-English summary

South Carolina's State Forester asked whether Allendale County's fire and rescue fee on all real property conflicted with statutes governing the Forestry Commission, particularly for agricultural and forest land. The AG found no provision barring the county from imposing the described fee and no categorical rule that the Forestry Commission's role preempted county fire protection.

The opinion quoted a statute allowing counties to provide fire protection and levy a special tax, fee, or service charge against property or occupants in areas receiving the service. It applied that grant of authority to the Allendale ordinance without deciding other possible disputes over a different fee.

Currency note

This opinion was issued in 2007. 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: Did Forestry Commission statutes automatically bar a county fire fee on forest land? A: The AG said it knew of no statute categorically preempting county fire protection on that basis.

Q: What authority did the AG identify for the county's fee? A: It quoted the county-service statute allowing fire protection and a special tax, fee, or service charge for areas receiving it.

Q: Did the opinion decide whether every fire-service charge would be valid? A: No. It addressed the Allendale ordinance described in the request and the asserted Forestry Commission conflict.

Background and statutory framework

The Allendale ordinance set a per-acre fire and rescue protection charge on real property. The AG considered whether state forestry statutes displaced the county's separate statutory fire-protection authority.

Citations and references

The opinion quoted S.C. Code Ann. § 4-21-10.

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/october-22-2007-3/
• Original PDF: https://www.scag.gov/wp-content/uploads/2011/03/schowalter-b-10-22-07-os-8477-allendale-county-ordinance-fire-and-rescue-protection-fee.pdf

Original opinion text

October 22, 2007

Bob Schowalter, State Forester
South Carolina Forestry Commission
P. O. Box 21707
Columbia, South Carolina 29221
Dear Mr. Schowalter:
In a letter to this office you referenced a recent Allendale County Ordinance imposing a fire and rescue protection fee on all real property in the county. Such ordinance states:
[t]he owner of real property shall pay annually to the County Treasurer at the same time he pays his Real Property tax bill a fire and rescue protection fee of $.50 per acre on all real property in Allendale County. The Allendale county Auditor is hereby authorized and directed to levy upon each parcel of land in Allendale County and the Allendale County Treasurer is directed to collect a fire and rescue protection fee of $.50 per or any fraction thereof, which shall be used to supplement the County Fire Department. You stated that “[s]ince this ordinance appears to cover fire protection on agricultural and forest lands, in addition to structures, our Commissioners questioned whether this ordinance conflicts with state statutes that govern the Forestry Commission.” I am unaware of any provision that would prohibit Allendale County from imposing such a fee as outlined above. Generally, pursuant to S.C. Code Ann. § 4-21-10,
[t]he governing body of any county may by ordinance or resolution provide that the county shall provide fire protection services, ambulance services and medical clinic facilities. Services may be provided by use of county employees and equipment or by contract with municipalities or private agencies. Counties may contract with water and sewer authorities to make provision for fire protection services...A special tax, fee or service charge may be levied against property or occupants thereof in areas receiving such services. Proceeds of such taxes, fees or service charges shall

Mr. Schowalter
Page 2
October 22, 2007
be used to defray the cost of providing the particular service for which they are levied, including the fulfillment of contract obligations with municipalities and private agencies. (emphasis added). Consistent with the above, in the opinion of this office, Allendale County would be authorized to impose the referenced fee on property in that County. I am unaware of any provision which states categorically that a county is preempted by any statute pertaining to the Forestry Commission from providing fire protection. If there are any questions, please advise. Sincerely, Henry McMaster Attorney General

By:

REVIEWED AND APPROVED BY:

______
Robert D. Cook
Assistant Deputy Attorney General

Charles H. Richardson
Senior Assistant Attorney General