S.C. Code Ann. § 58-36-30 – Ordinances superseded and preempted; effect of permit on liability

Section effective May 22, 2026. See, also, section 58-36-30 effective until May 22, 2026.

(A) The provisions in this chapter supersede and preempt any ordinance enacted by a local political subdivision that purports to:
1. (1) require operators to obtain permits from local governments in order to identify facilities;
2. (2) require pre-marking or marking of facilities;
3. (3) specify the types of paint or other marking devices that are used to identify facilities; or
4. (4) require removal of marks.
(B) Nothing in this chapter shall supersede or preempt any ordinance enacted by a municipality that purports to regulate the permitting and inspection of utility work being conducted within the public right-of-way.
(C) A permit issued pursuant to law authorizing an excavation or demolition shall not be deemed to relieve a person from the responsibility for complying with the provisions of this chapter.

HISTORY: 2011 Act No. 48, SECTION 1, eff June 7, 2012; 2025 Act No. 65 (H.3571), SECTION 1, eff May 22, 2026.

2025 Act No. 65, SECTION 1, inserted a new (B) and made conforming changes.