DNR Public Lands Regulations

SECTION 50-11-2200. Establishment, operation, and maintenance of wildlife management areas; prohibited conduct; penalties.

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2. The department may promulgate regulations for the protection, preservation, operation, maintenance, and use of wildlife management areas and Heritage Trust areas and those other lands owned by the department.
3. The following acts or conduct are prohibited and shall be unlawful on heritage preserves and all other lands owned by the department; provided, however, the department may promulgate regulations allowing any of the acts or conduct by prescribing acceptable times, locations, means, and other appropriate restrictions not inconsistent with the protection, preservation, operation, maintenance, and use of such lands: (If regulations exist to allow any of the acts below, the specific regulation numbers occur in parenthesis.)
   
   
   1. hunting or taking wildlife or fish; (R123-40)
   2. exceeding bag or creel limits;
   3. hunting or taking wildlife or fish by unauthorized methods, weapons, or ammunition;
   4. hunting or taking wildlife or fish during closed seasons, days, or times;
   5. hunting or taking wildlife by aid of bait or feeding or baiting wildlife;
   6. hiking; (R123-203C)
   7. rock climbing or rappelling;
   8. operation of motorized and nonmotorized vehicles; (R123-203D)
   9. swimming; (R123-203E)
   10. camping; (R123-203F)
   11. horse riding; (R123-203G)
   12. staging or participating in "paintball", "airsoft", or similar games;
   13. possession of pets and specialty animals; (R123-203I)
   14. use of fire, fireworks, or explosives; (R123-203M)
   15. polluting or contaminating any land or water;
   16. acting in a disorderly manner or creating any noise which would result in annoyance to others and no person shall operate or use a public address system;
   17. consumption of alcoholic beverages or possession of open containers of alcoholic beverages on land designated for hunting; (R123-203J)
   18. conducting commercial activity or using the area for commercial gain, except by permit;
   19. gathering, damaging, or destroying rocks, minerals, fossils, artifacts, geological formations, or ecofacts, except by permit; (R123-203K)
   20. gathering, damaging, or destroying plants, fallen vegetation, animals, and fungi except to the extent these activities are authorized by permit, or are incidental to other activities authorized in wildlife management areas by this title; (R123-203L)
   21. entering a closed area or unauthorized entry;
   22. launching or landing parachutes or parasails or aircraft including models or remotely piloted aircraft and similar devices, except for law enforcement or emergencies;
   23. placing structures in the WMA, except permitted stands and blinds;
   24. obstructing or creating a hazard to land or water traffic or obstructing a watercourse;
   25. operating a motor vehicle in watercourses other than at fording sites; (R123-203H)
   26. posting bills, signs, or other notices;
   27. indecently exposing one’s person or performing an indecent act in public;
   28. abandoning vehicles or other equipment;
   29. defacing, altering, destroying, or removing any sign, marker, guidepost, fence, gate, lock, barrier, improvement, building, bridge, culvert, structure, natural landmark, or feature;
   30. geocaching;
   31. use or possession of metal detectors, except by permit;
   32. digging or excavating, except by permit;
   33. use of herbicides or pesticides, excluding insect repellent;
   34. introducing nonnative or cultivated plants or other organisms, or releasing an animal;
   35. cutting or collecting of firewood, except by permit;
   36. target shooting, except in areas designated by the department;
   37. trapping; and
   38. shooting onto or across WMA areas closed to hunting or attempting to take wildlife on WMA areas closed to hunting. (R123-203O)
4. The department or emergency service personnel may undertake these activities for enforcement, emergencies, or management purposes.
5. A person violating this section is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty five dollars nor more than two hundred dollars or be imprisoned for not more than thirty days, or both.
6. As used in this section “bait”, “baiting”, or “feeding” means placing, depositing, exposing, distributing, or scattering of shelled, shucked or unshucked corn, wheat, or other grain or food stuffs to constitute an attraction, lure, or enticement for wildlife to, on, or over an area. “Baited area” means an area where bait or feed is directly or indirectly placed, deposited, exposed, distributed, or scattered, and the area remains a baited area for ten days following the complete removal of all bait or feed. Nothing in this section prohibits the hunting and taking of wildlife on or over lands or areas that are not otherwise baited and where:
   1. there are standing crops on the field where grown, including crops grown for wildlife management purposes; or
   2. shelled, shucked, or unshucked corn, wheat, or other grain, or seeds that have been distributed or scattered solely as the result of a normal agricultural practice as prescribed by the Clemson University Extension Service or its successor.
7. An activity permitted by regulation may be temporarily suspended for up to one hundred eighty days if the activity is adversely affecting natural resources or human health or safety.
8. Nothing contained in this section shall interfere with the use and management of lands by a state agency in charge of these lands in the functions of the agency as authorized by law.

SECTION 50-11-2210. Abuse of wildlife management area land, Heritage Trust land, or department owned land or improvements; penalties.

The abuse, misuse, damage, or destruction of wildlife management area land, Heritage Trust land, or department owned land or improvements on these lands is unlawful. A person who abuses, misuses, damages, or destroys these lands or improvements on them including, but not limited to, roads, vegetation, buildings, structures, or fences or leaves refuse, trash, or other debris on the property, or who otherwise abuses, damages, destroys, or misuses these lands is guilty of a misdemeanor and, upon conviction, must be fined two hundred dollars and be required to make restitution to the landowner in an amount determined by the court to be necessary to repair, rebuild, clean up, or restore the property to its condition before the abuse occurred. A person failing to make restitution within the time limit set by the court must serve a mandatory ten day sentence in the county jail which may not be suspended in whole or in part. The provisions of this section are in addition to other criminal penalties.

SECTION 50-11-2220. Abuse of wildlife area land, Heritage Trust land, or department owned land or improvements; additional penalties.

A person convicted of abusing, damaging, or destroying wildlife management area land, Heritage Trust land, or department owned land or improvements loses the privilege of entering onto these lands for one year. A person who enters onto wildlife management land, Heritage Trust land, or department owned land after losing the privilege to enter is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred dollars nor more than five hundred dollars or imprisoned for not more than thirty days, or both and, in addition, shall lose the privilege to enter these lands for an additional two years and the privilege to hunt and fish for one year. The provisions of this section are in addition to other criminal penalties.

Department of Natural Resources - Chapter 123

123-200 through 123-210. Regulation of Real Property Owned and Leased by the Department

Regulation of Real Property Owned and Leased by the Department

Statutory Authority: S.C. Code Sections 50-11-2200, 50-11-2210 and 50-11-2215

123-201. Definitions.

For purposes of this regulation:

"All terrain vehicle" means a motorized vehicle, regardless of the number of wheels, designed or constructed primarily for use off of paved or improved roads.

"Boats" mean any watercraft, including but not limited to motorboats, sailboats, personal watercraft, canoes, kayaks, sailboards, rafts, inflatable boats, shells, and rowboats.

"Camping" means the overnight occupancy of land owned or leased by the Department.

"Department" means the South Carolina Department of Natural Resources.

"Department land" means real property, including any buildings, structures, or improvements, owned by the Department in fee simple, including but not limited to game preserves or reserves, heritage preserves, boat landings, and Department land designated as wildlife management area land.

"Ecofacts" are carbonized plant remains, animal bones, and shells utilized as food by historic and prehistoric peoples.

"Fireworks" means any device for producing any display, such as light, noise, or smoke, by the combustion of explosive or flammable compositions.

"Fishing" means all activity and effort involved in taking or attempting to take fish.

"Hiking" means traversing land by foot for the purpose of pleasure or exercise, except traversing in connection with any other activity regulated by this regulation.

"Horse riding" means any equestrian activity.

"Hunting" means the act of trying to find, seek, obtain, pursue, or diligently search for wildlife for sport, regardless of whether wildlife is taken or not. The act of seeking wildlife or the pursuit of wildlife as sport, such as but not limited to raccoon hunting and training hunting dogs shall be deemed hunting. Any person accompanying a hunter or hunters and participating in a hunt in any regard shall be deemed to be hunting.

"Motorized vehicle" means a device incorporating a motor or an engine.

"Nonmotorized vehicle" means a device not incorporating a motor or an engine of any type for propulsion, and with wheels, tracks, skids, skis, air cushion, or other contrivance for traveling on or adjacent to land. It shall include such vehicles as bicycles, skates, and in line skates.

"Off road vehicle" means a motorized vehicle that includes stock enhancements to improve its ability for use off of paved or improved roads or a vehicle that has been modified from its stock condition to enhance its ability for use off of paved or improved roads.

"Pack animal" means any beast, including but not limited to horses, mules, donkeys, and llamas, used for the purpose of transporting equipment, gear, or other articles.

"Pets" mean any domesticated animal which is kept for the pleasure of the owner; however, for purposes of this regulation, pets may not include dangerous or venomous animals or any animal classified as threatened, endangered, or in need of management by any state or the federal government. A raptor, permitted as provided under R.123 170, will be deemed a pet.

"Pollution" or "polluting" means the direct or indirect act of throwing, draining, depositing, or otherwise discharging organic or inorganic matter in or on land.

"Primitive Camping" means the overnight occupancy of land, utilizing nothing more than temporary shelter such as a tent or tarp transported to the camping site by backpacking or by watercraft.

"Rock climbing" means the sport of ascending or descending rock faces of such vertical angle that the climber must use technical climbing techniques to safely negotiate the climb. This includes all free, aided, and friction climbing where ropes, pitons, nuts, chocks, screws, carabiners, snap links, chalk, ropes, fixed or removable anchors, or other similar climbing equipment is used.

"Rocks, artifacts, or ecofacts" shall include but not be limited to arrowheads, spear points, scrapers, drills, soapstone and soapstone objects, pottery sherds and vessels, bottles, beads, brick, tabby, metal objects (such as buttons, buckles, ordnance, insignia), charcoal, shells, plant remains, animal remains, and bone tools.

"Shells" mean the hard rigid, usually calcareous, covering of an animal.

"Specialty animals" mean all animals other than domestic pets; those native and imported animals which have been removed from the wild and are being bred, raised or kept for research, food, fur or skins, or for the production of income. Reptiles and amphibians are included in this category.

"Service animals" are not considered "Specialty animals".

"Taking" means to shoot, wound, kill, trap, capture, or collect, or attempt to shoot, wound, kill, trap, capture, or collect any wildlife.

"Weapon" means an instrument of offensive or defensive combat, including firearms, capable of injuring human beings or animals; provided, however, implements such as small pocket or kitchen knives normally will not be considered as weapons.

"Wildlife" means all wild birds, wild game, fish, and any wild mammal, bird, amphibian, reptile, fish, mollusk, crustacean, or other wild animal not otherwise legally classified by statute or regulation of this State as a game species.

"Wildlife management area land" means those lands leased or otherwise established by the Department for the protection, propagation, and promotion of fish and wildlife and for public hunting and fishing.

123-202. Hazard of Outdoor Activities and Liability.

Department land is made available to the general public for reasonable uses not prohibited by statute or regulation. These lands are held and maintained in a natural condition, except for uses requiring modification. Outdoor activities are not risk free. All members of the public using Department land and wildlife management area land must exercise due care in planning and carrying out any activities. Any person making use of Department land and wildlife management area land for any purpose does so at his own risk, and the Department shall not be liable in any respect for any loss, damage, or injury to person or property caused or occasioned thereby.

123-203. General Regulation.

This section shall apply to all Wildlife Management Areas, Heritage Preserves and other lands owned by the Department.

1. Hunting, fishing, and taking game animals, birds, fish, or other wildlife is allowed on Wildlife Management Areas that have been designated as part of the Wildlife Management Area program. Hunting, fishing, and taking shall be subject to all applicable statutes and regulations, specifically including R.123 40.
2. All firearms must be unloaded and secured in a weapons case except while legally hunting, unless otherwise legally permitted. Target, skeet, trap, plinking, or any other type of shooting with any firearm or weapon is allowed on designated shooting ranges. Except as otherwise specifically authorized by South Carolina statute or this regulation, weapons and firearms are not allowed on any heritage preserve. Possession of a weapon or firearm is allowed on any heritage preserve designated by the Department as a wildlife management area subject to the regulations.
3. Hiking is allowed subject to the following restrictions or conditions:
   1. Hiking is allowed. The Department may post or place signs declaring any area closed to hiking;
   2. The use of all designated hiking trails, except for posted multi use trails is restricted solely to foot travel and the legitimate activities associated with the pursuit of hiking.
4. Operation of motorized, nonmotorized vehicles, all terrain vehicles, and off road vehicles. The operation of motorized vehicles is allowed subject to the following restrictions or conditions:
   1. Motorized vehicles, all terrain vehicles, and off road vehicles may be operated only on open maintained roads and parking areas except as otherwise established by posted notice or as approved by the Department. All terrain vehicles are not allowed on any heritage preserve.
   2. Motorized vehicles, all terrain vehicles, and off road vehicles shall not exceed speed limits posted on Department signs.
   3. No person may operate any motorized, all terrain vehicle, off road vehicle or non motorized vehicle in a reckless or negligent manner. The operation of any vehicle in such a manner as to indicate either a willful or wanton disregard for the safety of persons or property shall be deemed to be operating in a reckless manner.
   4. The operation of motorized vehicles, all terrain vehicles, and off road vehicles must comply with any posting or signs. Obstructing vehicular traffic is not allowed.
   5. All motorized vehicles, all terrain vehicles, and off road vehicles must be equipped with properly working mufflers, brakes, mirrors and spark arresters (if the vehicle was originally factory equipped with spark arresters and/or mirrors).
   6. Charter buses or other vehicles engaged in transporting persons for compensation are only allowed by permit.
   7. The numbers of motorized vehicles, nonmotorized vehicles, horses, or boats allowed on any area at one time may be limited by the Department through a permitting system.
   8. The operation of nonmotorized vehicles are allowed subject to the following restrictions or conditions:
      1. Bicycles may be ridden on roads open to motorized vehicles, established roadbeds and designated bicycle trails unless otherwise posted.
      2. Using roller skates, in line skates, skateboards, roller skis, coasting vehicles, or similar devices is allowed only in designated areas.
5. Swimming
   Swimming is allowed only in designated areas, which includes any State or federal navigable waterway abutting or flowing through Department land.
6. Camping.
   1. Camping is allowed only within areas designated as campsites by the Department. The Department will designate campsites by placement of signs or by other means such as maps or brochures.
   2. Camping in one location for more than four nights is prohibited except under permit.
   3. All camping supplies must be removed from camping sites.
   4. No organized group of ten or more individuals may camp at a single designated camp site at any time except under permit.
   5. Permanent structures must not be erected.
7. Horse riding.
   1. Horse riding is allowed, except during any open hunting periods.
   2. The riding of horses is allowed on roads open to motorized vehicular traffic, unless posted as closed to horseback riding.
   3. Horse riding is allowed on firebreaks or trails if specifically posted as open to horseback riding.
   4. The Department may restrict the number of horses and horse trailers and may require permits on specific areas. Restrictions shall be posted at the offices and/or entrances to Department lands or in published brochures.
   5. The owner of any horse brought onto Department property is responsible for the payment of any expense for the removal of injured or dead horses.
   6. Horses must be attended.
   7. Only pelletized feed may be used, no hay.
   8. Access to a Department property by horseback is limited to a designated public entrance. A public entrance is a day-use parking area. For ride-on users (without vehicles or trailers) only, entrance is allowed where a road open to motorized vehicular traffic or firebreak designated for horseback riding intersects a public or private road.
   9. When not being ridden, horses must be led by halter or reins, confined in a trailer, or tied to a trailer tie or hitching rail. Horses may not be confined using portable corrals or electric fences.
   10. Within a day-use parking area, horses must be kept at a flat walk.
   11. The Department may require a person with an unruly horse, which is causing a disturbance or safety hazard, to remove the horse from Department property.
8. Operation of boats.
   1. Boats may be used on Department land only on a watercourse or water body which has been designated by the Department for the use of boats. The Department may restrict the type, size, or number of boats and motors or the use of motors. Any restrictions shall be posted at the entrances to Department land. This restriction shall not apply to any State or federal navigable waterway.
   2. Motorized boats may only be launched at launch sites designated by the Department.
9. Possession of pets or specialty animals.
   1. Pets may enter Department land and accompany an individual on allowed activities if each pet is under the actual control of the owner or possessor.
   2. Neither dangerous pets nor pets with a propensity toward aggressive behavior are allowed.
   3. The requirements of this subsection do not apply to dogs while being used during and as a part of any of the following activities:
      1. Hunting when use of dogs is authorized by statute or regulation.
      2. The training of dogs to hunt is deemed hunting; training of dogs to hunt on lands and waters may be undertaken only during periods when hunting with dogs is authorized by statute or regulation.
      3. Authorized field trial events;.
      4. Special events or activities as authorized by the Department.
   4. Raptors are allowed on Department land in compliance with R.123 170.
10. Consumption of alcohol.
    Alcoholic beverages may be consumed by a person of lawful age only at a designated campsite, designated facility, residence or other designated location.
11. Gathering, damaging, or destroying rocks, minerals, fossils, artifacts, geological formations or ecofacts.
    1. The Department may authorize the collection of certain material upon issuance of a permit.
12. The Department may authorize the collection of certain material upon issuance of a permit.
    1. The Department may authorize the collection of certain material upon issuance of a permit.
    2. Shed antlers at ground surface may be collected.
13. Use of fire, fireworks, or explosives.
    1. Open fires may only be started at campsites designated by the Department. Gas grills, gas lanterns, and portable charcoal grills may be operated at designated campsites.
    2. No fire may be left unattended. Prior to leaving the site, any fire must be completely extinguished, leaving neither flames nor embers.
    3. No wood, except from dead and down trees or from supplies as may be furnished by the Department shall be used for fuel.
    4. On any land where camp fires are permitted, the Department may prohibit the use of fires for any purpose by posting a notice at entrances to individual parcels of land.
    5. No person may deposit lighted matches, cigars, cigarettes or other burning tobacco where they will cause fire.
14. Hours of Operation.
    1. The Department may restrict the hours of operation on any Department land by publication in Department brochures and pamphlets or by posting on site specific hours of operation.
    2. Heritage preserves are open for public use from one hour before sunrise to one hour after sunset. On any preserve that is designated as a wildlife management area, the hours of operation shall be the same as are authorized for hunting as stated in R.123 40.
15. Shooting onto or across WMA land closed to hunting.
    1. Shooting onto or across WMA land closed to hunting is allowed provided the shooter and the game being shot at are physically outside the boundary of the WMA. The airspace above the WMA is considered within the boundary of the WMA.