A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 4-9-125 SO AS TO PROVIDE THAT A COUNTY COUNCIL MAY, BY ORDINANCE, PROHIBIT ANNEXATION WITHIN THE COUNTY BY MUNICIPALITIES OR ANY OTHER POLITICAL SUBDIVISION OF THE STATE, UNTIL A COMPREHENSIVE INFRASTRUCTURE IMPACT STUDY AND MITIGATION PLAN HAS BEEN COMPLETED AND APPROVED BY THE COUNTY COUNCIL.
H. 5742 would amend South Carolina law to give county governing bodies the authority, by ordinance, to block annexation within the county by municipalities or other political subdivisions until a comprehensive infrastructure impact study and mitigation plan has been completed and approved by the county council. In practical terms, the bill creates a county-level gatekeeping mechanism over annexation proposals, tying annexation approval to a review of infrastructure effects and mitigation measures.
The bill is narrow in scope but significant in local government law because it adds a new section to Title 4, Chapter 9 of the South Carolina Code. It would not itself define the contents of the required study or mitigation plan, but it would allow counties to require those materials before annexation can proceed. The act would take effect upon the Governor’s approval.
If enacted, the bill would expand county authority over municipal annexation by authorizing counties to adopt ordinances that temporarily prohibit annexation until infrastructure impacts are studied and mitigation plans are approved. This would affect municipalities seeking to annex territory, county councils reviewing annexation proposals, and potentially other political subdivisions involved in boundary changes. It would add a new statutory provision, Section 4-9-125, to South Carolina’s local government code.
There is limited recorded debate or voting history available for this bill, so no clear partisan or committee sentiment can be drawn from transcripts or votes. Based on the bill’s text, it appears to reflect a policy preference for local control and infrastructure planning before annexation occurs. The bill was introduced and referred to the House Judiciary Committee, indicating it is still in the early stages of consideration.
The likely point of contention is the balance between county oversight and municipal annexation authority. Supporters would likely favor the bill as a way to ensure infrastructure readiness, manage growth, and protect county interests before land is annexed. Opponents may argue that it could delay or effectively block annexation, create additional procedural hurdles, and give counties too much leverage over municipal expansion. No specific objections or amendments are recorded in the available materials.