R.61-43, Standards for the Permitting of Agricultural Animal Facilities, Document No. 4997

On May 28, 2021, the Department of Health and Environmental Control (DHEC) changes to R.61-43 Standards for the Permitting of Agricultural Facilities became effective. The changes were requested to incorporate statute changes that legislatures passed with Act 139 2018. S.C. Code Section 44-1-65 establishes specific requirements for review and appeal of decisions by the Department regarding the permitting, licensing, certification, or other approval of poultry and other animal facilities, except swine facilities. Section 44-1-60 sets procedures for reviewing permits for poultry and other animal facilities, except swine facilities, relating to appeals from Department decisions giving rise to contested cases. Section 46-45-80 includes provisions regarding setback distances for poultry and other animal facilities, except swine facilities, to prohibit requiring additional setback distances if established distances are achieved, allow waiver of the established setback distances in certain circumstances, and other purposes. DHEC-led seven stakeholder discussions with farmers, concerned citizens, industry organizations, retailers, environmental organizations, and others to ensure comments and suggestions from the public were taken into consideration. 

These amendments expand and clarify definitions applicable to agricultural animal facility regulations and standards, streamline permitting options, clarify reporting requirements, identify the Department’s consistent public noticing method, improve the regulation’s organizational structure.

Timeline

Stakeholder Engagement

The Bureau held seven stakeholder meetings between March 28, 2019, through October 26, 2020, concerning proposed changes to R.61-43. The Bureau provided draft amendments to affected stakeholders for their review.

Contact

Chuck Williams, Manager
(803) 898-4433