AN ACT TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 6-29-735 SO AS TO PROHIBIT LOCAL GOVERNMENTS FROM PREVENTING THE CONTINUANCE OF LAWFUL NONCONFORMING USE OF PROPERTY WHEN A PREEXISTING MANUFACTURED HOME IS REPLACED WITH ANOTHER SPECIFIC MANUFACTURED HOME, TO PROVIDE EXCEPTIONS, AND TO PROVIDE DEFINITIONS; BY AMENDING SECTION 23-43-85, RELATING TO STANDARDS FOR MODULAR HOMES AND DISPLAY MODELS, SO AS TO PROVIDE THAT THE STANDARDS ONLY APPLY TO ON-FRAME MODULAR HOMES AND TO REMOVE A FIVE-YEAR RESTRICTION ON DISPLAY MODELS BEING USED FOR RESIDENTIAL USE; AND BY AMENDING SECTION 6-35-30, RELATING TO RESIDENTIAL IMPROVEMENT DISTRICTS, SO AS TO ALLOW FOR JOINT RESIDENTIAL IMPROVEMENT DISTRICTS BETWEEN DIFFERENT JURISDICTIONS.
H. 5113 makes several changes to South Carolina law affecting manufactured homes, modular homes, and local land-use regulation. First, it adds a new section to the zoning code that limits local governments from blocking the continued lawful nonconforming use of property when an existing manufactured home is replaced with a newer manufactured home that is not more than five years old. In practical terms, if a property lawfully housed a manufactured home before, local governments generally could not impose new zoning conditions or restrictions that would prevent that use from continuing, subject to listed exceptions.
The bill also revises standards for modular homes. It clarifies that the existing placement standards apply to single-family on-frame modular homes, and it removes the five-year restriction on using a display model as a first residential use, while still requiring labeling, code compliance at manufacture, and written notice to the buyer. In addition, it makes a conforming change to the law governing special districts, allowing a jurisdiction and another government entity to create a district in another entity’s area with consent by resolution.
The bill would limit local zoning and regulatory authority over certain manufactured-home replacements, especially where a lawful nonconforming use already exists, while preserving local and state enforcement for flood zones, building codes, stormwater, septic, sewer, emergency access, environmental protections, and other safety-related requirements. It also updates the statutory treatment of modular homes by extending placement standards to on-frame modular homes and easing the resale/use of display models for residential purposes. The effect is to expand homeowner replacement options and standardize treatment of manufactured and modular housing across local jurisdictions.
The available voting history shows strong support for the bill in the House, with passage by a 112-0 vote. No committee transcript is available, but the unanimous vote suggests broad agreement on the bill’s housing and regulatory changes. The overall sentiment appears favorable, likely reflecting interest in preserving housing options and reducing local barriers to replacement of manufactured homes.
The main policy tension is between property owners seeking to replace older manufactured homes without losing lawful nonconforming-use status and local governments that may want to apply updated zoning, setback, or site standards. The bill resolves that tension largely in favor of continuity for the property owner, but it preserves exceptions for safety, code compliance, abandonment, shared access obstructions, and owner consent. Another possible point of concern is the removal of the five-year limit for display-model modular homes, which may raise questions about code conformity at the time of residential placement, though the bill addresses that with disclosure requirements.