The bill H. 5111 aims to amend the South Carolina Code of Laws by adding Section 5-31-60, which grants property owners the right to drill, operate, and maintain private water wells on agricultural or residential properties of at least one-half acre. It prohibits counties and municipalities from mandating connections to municipal water systems unless there is a documented public health threat. The bill establishes that property owners can demonstrate compliance with state regulations through prima facie evidence, such as valid well permits and water quality tests, and it preempts any conflicting local ordinances.

Additionally, the bill restricts local governments from imposing fines or penalties solely for a property owner's choice to use a private water well instead of connecting to a municipal system, and it prevents them from denying necessary permits based on this choice. Property owners who believe their rights under this section have been violated can seek legal relief and recover attorney's fees if they prevail. Local governments that knowingly violate this section may face civil penalties of up to one thousand dollars per day for each day the violation continues.

Statutes affected:
02/05/2026: 16-3-8
02/05/2026-A: 5-31-60
Latest Version: 5-31-60