On March 12, 2018, Act 139, which amended laws regarding poultry and other animal facilities, was signed by Governor Henry McMaster. This Act:

• Added to Section 44-1-65 to establish specific requirements for the review and appeal of decisions by the SC Department of Health and Environmental Control (DHEC) regarding the permitting, licensing, certification or other approval of poultry and other animal facilities, except for swine facilities; 
• Amended Section 44-1-60, relating to appeals from DHEC decisions giving rise to contested cases, so as to revise and clarify procedures for reviewing permits for poultry and other animal facilities, except swine facilities; and
• Amended Section 46-45-80, relating to setback distances for poultry and other animal facilities, except swine facilities, so as to prohibit DHEC from requiring additional setback distances if established distances are achieved, to allow waiver of the established setback distances in certain circumstances, and for other purposes.

Act 139 requires DHEC to review and amend Regulation 61-43 for consistency and to guide future processes. 

On March 28, 2019, from 1:30-3:00 pm, DHEC will host a public meeting to initiate input into this process to amend Regulation 61-43. This meeting will discuss the current regulations and accept comments on amendments and changes to consider. Comments from this meeting will assist the Department with formulating regulations to implement the provisions of Act 139. The Department will provide notice to the public of the formal regulatory development process including opportunities for additional public input.