South Carolina Administrative Code

63-1000. Sign Requirements for Petitions to Close Road. A. Costs. Signs required by parties petitioning to abandon or close any street, road or highway pursuant to Section 57-9-10 must be fabricated and posted by the petitioning party. All costs for the fabrication and placement …

63-30. Repealed. HISTORY: Former Regulation, titled Commission Approval of Actions, had the following history: Added by State Register Volume 32, Issue No. 6, eff June 27, 2008. Repealed by State Register Volume 41, Issue No. 5, Doc. No. 4685, eff May 26, 2017.

63-300. Prequalification of Eligible Contractors. Persons, firms or corporations eligible to bid as a prime contractor on construction work for the Department of Transportation shall have prequalified as herein required. No bids for such work will be considered by the Department …

63-301. Basis for Prequalification. Prequalification will be based on a verified showing of experience, responsibility record, and available equipment. A prerequisite to prequalification will be a sworn statement furnished to the Department by the applicant. The statement must be…

63-302. Certificate. Each contractor qualifying under these rules and regulations will be furnished a Prime Contractor’s Prequalification Certificate showing the contractor is prequalified and the expiration date of the certificate. HISTORY: Added by State Register Volume 24, Iss…

63-303. Contents of Sworn Statement. The sworn statement called for in 63-301 shall be made by filling in the Department’s standard questionnaire form and shall show: (a) The experience of the applicant in handling the character of work for which it desires to become an eligible …

63-304. Failure to Carry Out Contract as Disqualification. No applicant who has failed to carry out any contract awarded by the South Carolina Department of Transportation will be qualified as eligible. This requirement, however, shall not serve to bar persons having so failed fr…

63-305. Disqualification of Unsatisfactory Contractors. A contractor whose progress on work underway is not satisfactory to the Department will not be awarded additional work. Contractors whose conduct of their work shows incompetency or irresponsi- bility may be disqualified wit…

63-306. Disqualification and Suspension from Participation in Contracts with the South Carolina Department of Transportation. A. Policy Statement. Recognizing that preserving the integrity of the public contracting process is vital to the development of a balanced and efficient t…

63-322. Review of Applications for Relocation Assistance Payments Under Chapter 11 of Title 28 of the 1976 Code. A. An applicant for a relocation assistance payment under Chapter 11 of Title 28 of the 1976 Code shall be notified promptly, in writing, of (1) his eligibility for pa…

63-338. Specific Information Service Signing. A. Introduction. The South Carolina Department of Transportation has developed this program for the installation of specific service signs and business identification sign panels on fully controlled access highways. B. Purpose. The pu…

63-339. Agritourism and Tourism-Oriented Directional Signing. A. Introduction. The South Carolina Department of Transportation has developed this program for the installation of directional signs on the state highway system for agritourism and tourism- oriented facilities or acti…

63-341. Preface. (Statutory Authority: Highway Advertising Control Act, South Carolina Code § 57-25-110 et seq.) The regulations promulgated herein have been formulated pursuant to S. C. Code Section 57-25-110, et seq., entitled the Highway Advertising Control Act, which is inten…

63-342. Definition of Terms. A. ‘‘Abandoned Sign,’’ means a sign which is not being maintained as required by the regulations, or which is overgrown by trees or other vegetation not on the highway right-of-way, or which has had obsolete advertising messages or no advertising mess…

63-343. General Standards for Outdoor Advertising Signs. A. Criteria for determining if a sign is intended to be read from the main-traveled way: (1) The sign is visible and any advertising or message is legible. (2) Consideration shall be given to the nature of sign, what it is …

63-344. General Restrictions on Outdoor Advertising Signs Subject to the Act. A. No sign nor any portion of a sign may imitate or resemble any official traffic control device including, but not limited to, Interstate or other route symbols, stop signs, stop lights, or yield signs…

63-345. Size Limitations of Outdoor Advertising Signs. A. Measurements. (1) The dimensions of a sign shall include border, trim, cutouts and extensions, but shall not include aprons, decorative bases and supports, unless those items are used to convey any message, other than the …

63-346. Spacing Limitations for Outdoor Advertising Signs. A. Measurements: (1) Involving the distance between signs, shall be taken along the edge of the traveled way between lines perpendicular to the edge of the traveled way which intersect the center of the sign supports near…

63-347. Lighting of Outdoor Advertising Signs. A. Signs which are lighted must be constructed and maintained in order to effectively shield or prevent beams or rays of light from being directed at any portion of the main-traveled way of the Interstate or federal-aid primary highw…

63-348. Local Zoning Approval. A. Land subject to zoning plans which have been reviewed and approved by the Department shall be considered zoned. Zoning plans must include effective methods of enforcement. B. Any changes to an approved zoning plan must be submitted to the Departm…

63-349. Permits. A. All signs lawfully erected under S. C. Code Section 57-25-140(a)(4), (a)(7) and (a)(8) and all nonconforming signs require permits and identification tags. This includes all signs that were legally in place on the effective date of the Act as well as those leg…

63-350. Maintenance Standards for All Signs Controlled by the Act. A. All signs subject to the Act must be structurally safe and maintained in a good state of repair which includes but is not limited to the following: (1) The sign face must be maintained free of peeling, chipping…

63-351. Directional and Other Official Signs. A. Definitions for this Section: (1) ‘‘Scenic Area,’’ means any area of particular scenic beauty or historical significance as determined by the Federal, state or local officials having jurisdiction thereof and includes land which has…

63-352. On-Premise Signs. A. Signs erected pursuant to S. C. Code Section 57-25-140(a)(5) and (6) are not required to be permitted, however, there are certain criteria that must be applied to these signs in order to determine if, in fact, they are on-premise signs. B. ‘‘For Sale’…

63-353. Design of Outdoor Advertising Signs. A. Signs with 350 square feet of facing or more must be constructed with steel supports. B. Signs with 672 square feet of facing must be constructed on a steel monopole. C. No stacked (double deck) sign faces shall be allowed. ILLUSTRA…

63-354. Off-premise Changeable Message Signs. A. Changeable message signs shall not contain or display flashing, intermittent or moving lights. B. Changeable message signs shall conform with size requirements as described in Regulation Section 63-345. C. Changeable message signs …

63-355. Penalty for Violation. Any person or firm who violates any portion of these regulations shall be held accountable under the appropriate section of the Highway Advertising Control Act and other laws and regulations. A violation shall be just cause for revocation of permit …

63-358. Control of Junkyards. A. Introduction. Consistent with the requirements of the Junkyard Control Act these regulations are designed to delineate the methods by which a junkyard is constructed and maintained. These regulations pertain to all activities identified as junkyar…

63-361. Routing Permits. All road machinery which is temporarily moved over the highways of this State and which exceeds 12 8 -0 9 in width or which weighs 90,000 pounds or more (including pulling equipment) shall first obtain from the Department a routing permit for the movement…

63-370. Private Driveway Entrances to Highways. (Statutory Authority:1976 Code §§ 57-3-10 and 57-5-180) A. Residential Entrances—The department may construct at its expense with its maintenance forces the portion within the right-of-way of private entrances to state highways at s…

63-380. Standard Plan for Erosion, Sediment and Stormwater Runoff Control. (Statutory Authority: 1976 Code § 48-18-70 (4), as amended) (1) All land disturbing activities under the jurisdiction of the Department must be performed in a manner that erosion is controlled and sediment…

63-391. Definitions. For the purpose of this article the following words and phrases shall have the following meanings: (1) Department: The South Carolina Department of Highways and Public Transportation. (2) Household Goods Carrier: A commercial vehicle used in transporting home…

63-392. Selection of the South Carolina Truck Network. (1) The Department’s designation of the Network is for the accommodation of needed truck- transportation service and to promote the economic benefits derived therefrom; but is also constrained by an overriding concern for saf…

63-393. Publication of Network Routes. (1) The Department will compile and publish in the State Register a list of the routes comprising the South Carolina Truck Network. A copy of this list will be available from the Department’s Director of Traffic Engineering, 955 Park Street,…

63-394. Route Proposals by Local Authorities. (1) The local authority responsible for maintenance of a road may nominate a road or a portion of a road for addition to or deletion from the South Carolina Truck Network. The nomination shall be in writing and shall identify the road…

63-395. Reasonable Access to Qualifying Activities. (1) Tandem trailer combinations and other larger vehicles shall be afforded access to qualifying activities located within five miles travel distance of the Basic Network unless prohibited or restricted by the Department. The De…

63-396. Reasonable Access to Specific Industrial, Commercial, Warehousing Sites. (1) An operator of an industrial, commercial, or warehousing site located off the Basic Network may petition the Department for access to that site. The petition shall be in writing and shall include…

63-397. Reasonable Access to Points of Loading and Unloading for Certain Vehicles. (1) The following vehicles, whose width does not exceed 102 inches, may have reasonable access to points of loading and unloading for purposes of local delivery: (a) Household goods carriers whose …

63-700. Purpose and Scope. A. The South Carolina Department of Transportation (hereinafter ‘‘Department’’) promulgates these regulations to carry out the disadvantaged business enterprises program mandated by Section 12-28-2930 of the Code of Laws (1976), as amended (hereinafter …

63-701. Definitions. For the purposes of these regulations, the following terms shall have the meanings set forth below unless a different meaning is clearly required by the context in which the term is used. A. Certified DBE—A business determined by the Department to be a bona f…

63-702. Eligibility for Participation in State DBE Program or Federal DBE Program. A. To be eligible for the State DBE Program or Federal DBE Program, a firm must be certified by the Department as a bona fide Disadvantaged Business Enterprise (DBE) pursuant to the standards and p…

63-703. Certification Standards. A. General Standards. The Department will certify a firm as a bona fide DBE under the State or Federal DBE Program if the Department determines that the firm meets the eligibility requirements of 49 CFR Part 26. B. Minority Business Enterprises. F…

63-704. Procedures for Certification. A. Application to Department. All firms applying for certification as a DBE under the State or Federal DBE Program must submit a completed application and Certification Affidavit on forms provided by the Department, which shall be signed by t…

63-705. Ineligibility Complaints. A. Any person may file with the Department a written complaint alleging that a currently certified firm is ineligible and specifying the alleged reasons why the firm is ineligible. Complaints must be sent to the Department in care of the Office o…

63-706. Procedures for Decertification. A. Determination of reasonable cause to decertify. If the Department determines, based on notification by the firm of a change in its circumstances or other information that comes to its attention, that there is reasonable cause to believe …

63-707. Guidelines for Selection of Set Aside Projects. In selecting and designing contracts suitable for set aside projects, the Department will consider a number of factors including, but not limited to, the following: A. Availability of certified DBEs within 100 miles of work …

63-708. Waiver of Bonding. A. The Department may waive bonding on set aside contracts with estimated construction costs not exceeding Two Hundred Fifty Thousand and No/100 ($250,000.00) Dollars. B. Bonding requirements that may be waived include the following: (1) On highway cons…

63-709. Advertisement and Notice of Set Aside Projects. A. All projects designated as set asides will be advertised for at least two weeks in one or more daily newspapers in this State, at least thirty days prior to the date for receiving bids on such projects. The advertisement …

63-710. Requirements for Bidding on Set Aside Projects. A. All bidders on set aside projects must be eligible for participation in the State DBE Program as provided in Regulation 63-702. B. Bidders on set aside contracts for highway and bridge construction contracts must be prequ…

63-711. Bid Evaluation. A. If the lowest responsive bid by a responsible bidder is within ten percent of the Official Engineer’s estimate, the Department will award the contract to the bidder making such bid. B. Preference must be given to an otherwise eligible and responsible So…