2020 South Carolina Code of Laws
Title 51 - Parks, Recreation and Tourism
Chapter 17 - Heritage Trust Program
Section 51-17-10. Definitions.

The following words or phrases have the definition given unless clearly specified otherwise:

1. "Board of the department" means the governing board of the Department of Natural Resources.

2. "Department" means the Department of Natural Resources.

3. "Advisory board" means the Heritage Trust Advisory Board.

4. "Natural area" means an area of land or water, or a combination thereof, generally, but not necessarily, large in size. Such an area may be in public or private ownership and shall contain relatively undisturbed ecosystems, landforms, threatened, endangered, or unique plant life or animal habitats, or other unusual or outstanding scientific, educational, aesthetic, or recreational characteristics.

5. "Natural feature" means an area of land or water, or a combination thereof, which is generally, but not necessarily, small in size. Such area may be in public or private ownership and shall contain or consist of outstanding remnants or natural elements of surviving undisturbed natural ecosystems such as record size individual species of plant life, nests or rookeries, geological formations, or objects of special scientific, educational, aesthetic, or recreational character.

6. "Cultural area or feature" means an area or feature which provides an outstanding example of our historical or archeological heritage. Such an area or feature shall be a site of special historic interest or contain outstanding remnants or elements of the way of life and significant events of our past so that through their preservation and the restoration of related existing structures, or the development of a historic area, as well as through study, investigation and examination of the material remains in that life, a record may be preserved of the interrelationship and effect between man's activities and his surrounding environment. A cultural area or feature may be one that is either publicly or privately owned.

7. "Heritage Preserve" means a natural or cultural area or feature which is "dedicated" under this chapter.

8. "Heritage Site" means a natural or cultural feature which has been recognized as such through "registration" under this chapter.

9. "Dedicate or dedication" means the process by which any natural or cultural area or feature shall be established as a Heritage Preserve in accordance with the procedures set out in Section 51-17-80. Dedication may result from either of the following methods, but no power of eminent domain is hereby conferred or granted to the board of the department, the advisory board, or the department under this chapter:

(a) "Acquisition" means the establishment of a Heritage Preserve whereby the owner of a natural or cultural area or feature transfers the fee simple interest therein to the board of the department for such purpose; or

(b) "Acceptance" means the establishment of a Heritage Preserve whereby the owner of a natural or cultural area or feature transfers less than the fee simple interest therein to the board of the department for such purpose. Examples are granting of a "conservation or open space easement" or the transfer of title subject to a life estate or reverter. Interests in real estate of a term of years shall not qualify for dedication under this chapter.

10. "Register" or "registration" means the process by which the owner of a natural or cultural feature shall enter into a written agreement with the board of the department recognizing the unique and outstanding characteristics thereof in accordance with the procedures set out in Section 51-17-100.

11. "Priority areas and features list" means the list made up of those areas and features recommended by the advisory board, and approved by the board of the department, under this chapter whose preservation is of primary importance to the goals and purposes of this chapter and which are, therefore, eligible to be included as Heritage Preserves and Sites.

12. "The Heritage Trust Program" means the entire system established under this chapter to provide for the inventorying, preservation, use and management of unique and outstanding natural or cultural areas and features in this State. The term 'Heritage Trust' means the legal trust which is created under Section 51-17-90.

HISTORY: 1976 Act No. 600 Section 2; 1993 Act No. 181, Section 1280, eff July 1, 1993; 1993 Act No. 181, Section 1282, eff July 1, 1994.

Effect of Amendment

The first 1993 amendment deleted former paragraph 1 reading "Commission" means the "Wildlife and Marine Resources Commission" and renumbered the remaining paragraphs accordingly; and in paragraph 1 (formerly 2) substituted "Department of Natural Resources" for "Wildlife and Marine Resources Department".

The second 1993 amendment in paragraph 1 substituted "Board of the department" means the governing board of the Department of Natural Resources" for "Commission" means the Wildlife and Marine Resources Commission"; in paragraph 2 substituted "Department of Natural Resources" for "Wildlife and Marine Resources Department"; and in paragraph 3 substituted "Advisory Board" for "Board".