2015 South Carolina Code of Laws
Title 48 - Environmental Protection and Conservation
CHAPTER 39 - COASTAL TIDELANDS AND WETLANDS
Section 48-39-40. Creation of Coastal Zone Management Appellate Panel; members; terms of office.

(A) On July 1, 1994, there is created the Coastal Zone Management Appellate Panel which consists of fifteen members, which shall act as an advisory council to the Department of Health and Environmental Control. The members of the panel must be constituted as follows: eight members, one from each coastal zone county, to be elected by a majority vote of the members of the House of Representatives and a majority vote of the Senate members representing the county from three nominees submitted by the governing body of each coastal zone county, each House or Senate member to have one vote; seven members, one from each of the congressional districts of the State, to be elected by a majority vote of the members of the House of Representatives and the Senate representing the counties in that district, each House or Senate member to have one vote. The panel shall elect a chairman, vice chairman, and other officers it considers necessary.

(B) Terms of all members are for four years and until successors are appointed and qualify. Members from congressional districts serve terms of two years only as determined by lot at the first meeting of the panel. Vacancies must be filled in the original manner of selection for the remainder of the unexpired term.

(C) On July 1, 1994, members of the South Carolina Coastal Council, become members of the South Carolina Coastal Zone Appellate Panel and continue to serve until their terms expire. Upon the expiration of their terms, members must be selected as provided within this section.

HISTORY: 1977 Act No. 123, Section 4; 1990 Act No. 607, Section 6; 1991 Act No. 248, Section 6; 1993 Act No. 181, Section 1235; 2012 Act No. 279, Section 18, eff June 26, 2012.

Editor's Note

2012 Act No. 279, Section 33, provides as follows:

"Due to the congressional redistricting, any person elected or appointed to serve, or serving, as a member of any board, commission, or committee to represent a congressional district, whose residency is transferred to another district by a change in the composition of the district, may serve, or continue to serve, the term of office for which he was elected or appointed; however, the appointing or electing authority shall appoint or elect an additional member on that board, commission, or committee from the district which loses a resident member as a result of the transfer to serve until the term of the transferred member expires. When a vacancy occurs in the district to which a member has been transferred, the vacancy must not be filled until the full term of the transferred member expires. Further, the inability to hold an election or to make an appointment due to judicial review of the congressional districts does not constitute a vacancy."

Effect of Amendment

The 2012 amendment substituted "fifteen" for "fourteen", "seven" for "six", and made other, nonsubstantive, changes in subsection (A).