What are the legal implications of infrastructure development in land use planning?

In South Carolina, legal implications of infrastructure development in land use planning include the requirement to obtain proper permits and licenses. For example, the construction of roads or railroads on public land requires a right-of-way permit from the South Carolina Department of Transportation. Additionally, the South Carolina Department of Health and Environmental Control must approve any construction that will affect the environment. This includes construction in wetlands, flood plains, and other protected areas. Land use planning also requires local government approval. This includes zoning ordinances and other land-use regulations. Local governments must ensure that the proposed infrastructure project is consistent with existing zoning and land-use regulations. Additionally, local governments must ensure that any infrastructure project is in keeping with local city or county plans. Legal implications may also arise from public participation rights. South Carolina law requires public participation in land use planning. This includes public hearings for proposed infrastructure projects and public notifications when these projects are being considered. Failure to hold a public hearing or to provide proper public notifications can create legal implications for the proposed project. Lastly, infrastructure projects often need to follow certain regulations regarding archeological sites and historical sites. Land use plans must assess potential effects to these areas and develop plans to protect them. Failing to do so can have legal implications.

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