State, local legislators rally against attack on home rule
Published "Saturday
By GREG HAMBRICK
The Beaufort Gazette
Legislation limiting local governments' ability to regulate business is expected to be overhauled in Columbia next week with Beaufort County's local and state legislators standing unified in their opposition of the proposal.

While the legislation sitting in a Senate subcommittee bars local governments from adopting standards stricter than the state's for agriculture and poultry operations, it goes further, saying governments can't usurp state rules on "production of livestock or poultry, agribusiness, business, or industry."

"You may as well go back and dissolve your local governments," said Sen. Scott Richardson, R-Hilton Head Island, noting that this year's bill goes further in limiting local governance than similar bills that failed the past two years.

Those bills worried Beaufort County officials who have enacted standards stricter than the state's in several areas, including limiting the length of residential docks.

Officials say this year's bill could have an impact on Beaufort County's plans to develop more stringent standards for building bridges to marsh islands after the state Supreme Court last month invalidated South Carolina's bridge-permitting requirements.

"Who knows what threats counties might see in the future," said Nancy Vinson with the Coastal Conservation League, a nonprofit environmental watchdog group. "It's Big Brother telling you what you can do."

The bill's co-sponsor, state Sen. Kevin Bryant, R-Anderson, said Friday he will likely call for the legislation to be limited to regulating poultry, livestock and other agriculture business and eliminate other items that could affect a government's ability to oversee its business community.

"I believe there are some legitimate concerns that need to be changed," he said.

A subcommittee hearing on the bill Thursday brought out supporters and opponents, but concerns by local government officials that it would limit their control over locating adult book and video stores or establishing curfews for bars and restaurants alerted Bryant to the residual impacts of the bill.

"That certainly was not my intent," he said.

Beaufort Mayor Bill Rauch said zoning standards could be threatened by the attack on home rule.

"Land use should really be left to the localities," he said. "The state is just to large a jurisdiction."

A recent debate over banning tattoo parlors in the city ended with officials resolving to stick to current standards limiting the tattoo parlors to areas zoned limited industrial. State law only prohibits the parlors from within 1,000 feet of a church, school or playground.

Even modified, Richardson said he still plans to oppose the legislation.

Rep. Bill Herbkersman, R-Bluffton, said, regardless of the impact, he'll oppose the measure in favor of continued local control.

"I understand the ramifications, but sometimes we've got to weigh the benefit," he said.

Copyright 2005 The Beaufort Gazette • May not be republished in any form without the express written permission of the publisher.