Who Needs an Agricultural Permit and Who Is Exempted

New or Expanding Facilities

New or expanding facilities with 10,000 lbs. of normal production animal live weight or less, that do not have a lagoon, storage pond or other treatment system, are excluded from obtaining a permit but must have and implement an  Animal Facility Management Plan (AFMP) that complies with the regulation. The AFMP is not submitted to DES. However, a permit may be required on a case by case basis.

Summaries for Agriculture Laws and Regulations

Summary of Agricultural Laws

SC Pollution Control Act

The SC Pollution Control Act (PCA) is the basis of South Carolina's water pollution control and water quality protection programs. It establishes the Department of Environmental Services (Department) as the state agency responsible for environmental matters. The law empowers the Department to hold hearings, promulgate regulations, require permits, conduct monitoring, and take enforcement actions among other things.

Setback Requirements for Small Swine Facilities

Barns, Stables, Pens or Growing Houses (not including lagoon, storage pond, or waste utilization areas)

Wells

  • Human Drinking Water Wells - 200 feet (excluding the applicants which must be 50 feet)
  • Irrigation Wells (including animal drinking water wells) - 50 feet (per Reg. 61-71) 

Ditches except site drainage:

  • which drain to waters of the state including ephemeral and intermittent streams - 100 feet

Residences/Property Lines

Setback Requirements for Large Swine Facilities with Less Than 1,000,000 Pounds

Barns, Stables, Pens or Growing Houses (not including lagoon, storage pond, or waste utilization areas)

Wells

  • Human Drinking Water Wells - 200 feet (excluding the applicants which must be 50 feet)
  • Irrigation Wells (including animal drinking water wells) - 50 feet

Ditches except site drainage:

  • which drain to waters of the state including ephemeral and intermittent streams - 100 feet

Property Lines 

Setbacks Requirements for Large Swine Facilities with 1,000,000 Pounds or More

Barns, Stables, Pens or Growing Houses (not including lagoon, storage pond, or waste utilization areas)

Wells

  • Human Drinking Water Wells - 1,750 feet (excluding the applicants which must be 100 feet)
  • Irrigation wells (including animal drinking water wells - 100 feet

Ditches except site drainage:

  • which drain to waters of the state including ephemeral and intermittent streams - 100 feet

Residence/ Property Line (excluding the applicants residence) - 1,750 feet

Manure Broker & Land Applicator Information

Manure Brokers

A manure broker is defined as a person who accepts or purchases animal manure from agricultural facilities and transfers this product to a third party for land application. The manure broker may either spread the manure themselves or simply transfer the manure to the third party for land application. In either case, the manure broker and the third party are bound by the same land application requirements as the owner of any agricultural facility which produces animal manure.