South Carolina lawmakers are moving to address the state’s status as one of the fastest-growing regions in the country with legislation designed to give local governments more control over the pace of residential development.
A bill currently on the Senate floor would authorize cities and counties across the state to adopt “concurrency” ordinances. These policies would allow local officials to require that essential infrastructure be in place and available before new housing developments can be approved.
While some South Carolina municipalities have already attempted to implement growth-management policies, their legal standing to do so is currently unclear. This legislation would provide the formal authority needed to protect local governments from lawsuits when they choose to tie construction permits to infrastructure capacity.
The bill’s sponsor, Senator Tom Davis, indicated that the measure is intended to ensure that the state’s rapid expansion does not outpace the systems necessary to support it, such as water and sewer utilities.
The proposal includes specific restrictions to prevent local governments from using the power as a blanket ban on development:
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Eligible Infrastructure: Concurrency requirements must be based on utilities such as water and sewer. They cannot be based on school capacity or local parks.
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Evidence-Based Decisions: Local governments must provide objective criteria, such as utility or traffic studies, to justify a project denial.
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Improvement Plans: Any county or city utilizing these ordinances must have a long-term plan in place to eventually improve the infrastructure in those areas.
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Financial Responsibility: While developers can be required to fund the infrastructure needed for their specific projects, they cannot be forced to pay for pre-existing infrastructure problems.
The bill does not create a mandatory statewide requirement; instead, it offers a “toolkit” for local governments to adopt if they choose. Supporters argue this is a necessary step for a state frequently ranked as a top destination for new residents. Conversely, some lawmakers have expressed concern that the requirement to have a formal infrastructure plan could place an undue administrative burden on rural counties with limited resources.
The Senate is expected to debate and vote on the measure before the current legislative session ends in May.
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