Beaufort County may not be affected directly by H 3555 because the county has a comprehensive plan and zoning, but the principle is the same whether people are discussing hog farms, giant chicken coops or industrial plants that may pollute clean rivers and lakes in the state.
The net effect of this bill eliminates counties' ability to enact hog and poultry ordinances that are stricter than state law or regulation. It has now been amended in a Senate Judiciary subcommittee to curtail local governments' ability to pass ordinances that are more strict than state laws.
Sen. Scott Richardson, R-Hilton Head Island, is a member of the Judiciary Committee and could play a key role in the issue. Richardson doesn't favor restricting local government's option to regulations stronger than state laws.
The rub is that a principal concept of the Home Rule adopted 27 years ago was to move control of government closest to the people -- the municipal and county level, and now it is in jeopardy. This bill says that lawmakers in the halls of the state's Capitol and public officials in state agencies know better than locals what is reasonable and what will affect their communities.
The issue before the legislature is whether state Department of Health and Environmental Control regulations implemented in summer 2002 to restrict large hog farm operations prevail over counties that want laws more strict than the state has. DHEC set environmental guidelines restricting the distance hog farms and huge chicken coops have to be situated from other property and bodies of water.
While DHEC regulations say state operators must comply with local zoning laws and regulations, five counties have adopted strict zoning regulations that prevent hog farms from locating there. Hog farmers think other counties may follow suit.
Caught up in this debate is a difference of opinion over health laws and zoning laws. Some are afraid the new rules will interfere with the state's Home Rule Act that gives counties the right to govern themselves and decide whether they want hog farms.
While the state and DHEC have responsibility for health rules, their function is to establish minimum regulations by which all South Carolinians must abide. Nothing should interfere with local officials to follow constituent desires to enforce stricter standards -- for anything -- than the state requires.
A basic tenet of the Home Rule is that those government officials closest to the people should debate with public participation and enact rules that affect municipal and county residents.
The House passed the bill limiting Home Rule on April 2. A Senate Judiciary subcommittee is set to convene at 10 a.m. Tuesday. Sen. Richardson says that since the bill was "carried over" Wednesday in the Judiciary that it may be dead this year. Citizens can only hope this is the case. In the meantime, local government and the public should give their lawmakers an earful. Home Rule should prevail in South Carolina.