South Carolina Administrative Code

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 …

63-356. Exhibits and Forms. Exhibit 1 STATE OF SOUTH CAROLINA APPLICATION FOR OUTDOOR ADVERTISING PERMIT STATE OF SOUTH CAROLINA APPLICATION FOR OUTDOOR ADVERTISING PERMIT S. C. STATE HIGHWAY DEPARTMENT (Permit Number) Application is hereby made to erect and/or maintain an advert…

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…

63-390. Purpose, Scope and Policy. (1) This article sets forth the regulations governing the operation of tandem trailer combinations and other larger vehicles within the State of South Carolina. These regulations are promulgated pursuant to the authority of Section 56-5-4075 of …

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…

63-712. Negotiation of Low Bid. A. If the lowest responsive bid by a responsible bidder exceeds the Official Engineer’s estimate by more than ten percent, the Department may afford the bidder the opportunity to show just cause why the bid exceeds the ten percent range or may ente…

63-713. Letter to Lending Institutions. When a DBE receives a contract, the Department will furnish a letter, upon request, stating the dollar value and duration of, and other information about the contract, which may be used by the DBE in negotiating lines of credit with lending…

63-714. Technical Assistance to DBEs. A. Level of Assistance. The Department will make available technical assistance for DBEs in accordance with state law. B. Supportive and Developmental Services. The Department will provide written and oral instruction on competitive bidding, …

63-715. Continuing Education Requirements. A. All DBEs participating in the State DBE Program must be represented by a company officer in at least twenty hours of continuing education each year. B. For purposes of this section, company officer shall mean any of the following: (1)…

63-716. Special Provisions Applicable to Non-bonded Projects. A. By submission of a bid on a non-bonded project, the DBE grants permission to the Department to issue joint checks to suppliers, vendors or subcontractors who supply materials, render services or perform work on the …

63-717. Claims Procedure on Non-bonded Contracts. A. Every person who has furnished labor or material under a Department-approved contract in the prosecution of the work of a non-bonded contract and who has not been paid in full therefor before the expiration of sixty days after …

63-718. Reporting Requirements. A. The Department shall issue an annual report, thirty days after the close of the fiscal year, listing all contracts awarded under the State DBE Program as specifically set forth in Section 12-28-2930(I). B. The Department shall record each time t…

63-800. Purpose. The regulations promulgated herein have been formulated pursuant to Code Section 57-3-110 and 57-25-30, which are intended to regulate bus shelters, including those with commercial advertisements, within the rights-of-way of public roads. HISTORY: Added by State …

63-801. Definitions. A. ‘‘Bus Shelter’’ means a shelter located at designated bus stops for the convenience of passengers of public transportation systems owned and operated by governmental units or public authorities. B. ‘‘Commercial Advertisement’’ means a printed or painted si…

63-802. General Standards for Bus Shelters. A. Bus shelters, including those on which commercial advertisements are placed, may be erected and maintained on the rights-of-way of public roads subject to the following conditions and require- ments: (1) Any person wishing to erect a…

63-803. Permits. A. Those wishing to erect and maintain a bus shelter on the rights-of-way of a public road must apply to the Department for the issuance of a Permit. B. Each bus shelter location must be assessed a nonrefundable $25.00 permit fee. On August 1st, the Department wi…