South Carolina 2025 2025-2026 Regular Session

South Carolina House Bill H3165 Introduced / Fiscal Note

Filed 02/20/2025

                    SOUTH CAROLINA REVENUE AND FISCAL AFFAIRS OFFICE 
S
TATEMENT OF ESTIMATED FISCAL IMPACT 
WWW.RFA.SC.GOV • (803)734-3793  
 
This fiscal impact statement is produced in compliance with the South Carolina Code of Laws and House and Senate rules. The focus of 
the analysis is on governmental expenditure and revenue impacts and may not provide a comprehensive summary of the legislation. 
  
 
 
 
 
 
 
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H. 3165 
 
Fiscal Impact Summary 
This bill requires a county to report to a city any residential development plan that is located 
within a one-mile radius of the bordering city on a monthly basis. Additionally, any municipality 
increasing its territory must file notice with the county where the property to be annexed is 
located before the first reading of the proposed annexation. The bill also revises requirements 
related to ordinances required to impose and collect developmental impact fees; revises 
requirements for ordinance passage procedures, ordinance contents, and related reporting 
requirements; and makes changes to notice publication and content requirements for capital 
improvement plans. Lastly, the bill changes the number of years after which an impact fee must 
be refunded to the owner of the property if the fee has not been expended from three years to 
seven years.  
 
The Revenue and Fiscal Affairs Office (RFA) contacted all county governments and the 
Municipal Association of South Carolina (MASC) regarding the impact of this bill and received 
responses from three counties and MASC. Based on the responses, we do not anticipate a 
significant expenditure impact on local governments. The three responding counties indicate that 
the bill will have no expenditure impact. MASC indicates that requiring county governments to 
report to municipalities any residential development plans within a one-mile radius of the 
bordering city may foster improved urban planning and growth management, potentially 
resulting in enhanced efficiency in service provision and better planning for future growth trends. 
Additionally, MASC notes that the bill will require municipalities to incorporate the additional 
step of filing a notice with the county when they annex property. MASC indicates that if 
municipalities are required to mail or deliver the notice, this will result in additional postage 
and/or courier costs to municipalities. However, if electronic submission of the required notice is 
acceptable, MASC anticipates that the administrative burden will be negligible.  
 
Further, MASC indicates that removing certain requirements related to the implementation of 
developmental impact fees may lead to broader adoption of such fees across municipal 
governments, providing for increased revenue generation to offset the costs of high growth, such 
as increased system and service demand. MASC also anticipates that changing the number of 
years after which an impact fee must be refunded from three years to seven years will allow 
municipalities to more easily accommodate all phases of large-scale municipal projects, 
including site location/acquisition, engineering and design, permitting, and construction. 
 
Bill Number: H. 3165  Introduced on Januar
y 14, 2025 
Subject: Development Impact Fee 
Requestor: House Medical, Military, Public, and Municipal Affairs 
RFA Analyst(s): Bryant 
Impact Date: February 20, 2025                                             
  
 
 
 
 
 
 
Page 2 of 3 
H. 3165 
 
 Explanation of Fiscal Impact 
Introduced on January 14, 2025 
State Expenditure 
N/A 
 
State Revenue 
N/A 
 
Local Expenditure 
This bill requires a county to report to a city any residential development plan that is located 
within a one-mile radius of the bordering city on a monthly basis. Additionally, any municipality 
increasing its territory must file notice with the county where the property to be annexed is 
located before the first reading of the proposed annexation. The bill also revises requirements 
related to ordinances required to impose and collect developmental impact fees; revises 
requirements for ordinance passage procedures, ordinance contents, and related reporting 
requirements; and makes changes to notice publication and content requirements for capital 
improvement plans.  
 
RFA contacted all county governments and MASC regarding the impact of this bill and received 
responses from three counties and MASC. Based on the responses, we do not anticipate a 
significant expenditure impact on local governments. The three responding counties indicate that 
the bill will have no expenditure impact. MASC indicates that requiring county governments to 
report to municipalities any residential development plans within a one-mile radius of the 
bordering city may foster improved urban planning and growth management, potentially 
resulting in enhanced efficiency in service provision and better planning for future growth trends. 
Additionally, MASC notes that the bill will require municipalities to incorporate the additional 
step of filing a notice with the county when they annex property. MASC indicates that if 
municipalities are required to mail or deliver the notice, this will result in additional postage 
and/or courier costs to municipalities. However, if electronic submission of the required notice is 
acceptable, MASC anticipates that the administrative burden will be negligible.  
 
Local Revenue 
This bill revises requirements related to ordinances required to impose and collect developmental 
impact fees; revises requirements for ordinance passage procedures, ordinance contents, and 
related reporting requirements; and makes changes to notice publication and content 
requirements for capital improvement plans. The bill also changes the number of years after 
which an impact fee must be refunded to the owner of the property if the fee has not been 
expended from three years to seven. 
 
RFA contacted all county governments and MASC regarding the impact of this bill and received 
responses from three counties and MASC. MASC indicates that removing certain requirements 
related to the implementation of developmental impact fees may lead to broader adoption of such 
fees across municipal governments, providing for increased revenue generation to offset the 
costs of high growth, such as increased system and service demand. MASC also anticipates that   
__________________________________ 
Frank A. Rainwater, Executive Director  
 
DISCLAIMER: THIS FISCAL IMPACT STATEMENT REPRESENTS THE OPINION AND INTERPRETATION OF THE 
AGENCY OFFICIAL WHO APPROVED AND SIGNED THIS DOCUMENT. IT IS PROVIDED AS INFORMATION TO 
THE GENERAL ASSEMBLY AND IS NOT TO BE CONSIDERED AS AN EXPRESSION OF LEGISLATIVE INTENT. 
Page 3 of 3 
H. 3165 
 
changing the number of years after which an impact fee must be refunded from three years to 
seven years will allow municipalities to more easily accommodate all phases of large-scale 
municipal projects, including site location/acquisition, engineering and design, permitting, and 
construction.