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Bill to let local governments order immediate shutdowns after zoning or safety conflicts draws broad support after Fort Mill chemical spills

March 05, 2026 | 2026 Legislative Meetings, South Carolina


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Bill to let local governments order immediate shutdowns after zoning or safety conflicts draws broad support after Fort Mill chemical spills
House Bill 4293, introduced by Representative Martin and discussed at a subcommittee hearing, would give counties and municipalities the authority to issue immediate stop-operation or occupancy orders when there are credible zoning violations or safety conflicts, proponents told lawmakers.

"When serious concerns arise, local officials must have the authority to act quickly to protect their communities," Representative Martin said, describing two chemical spills at a large solar-panel manufacturing facility in Fort Mill that he said occurred within three weeks and prompted an elementary school to close as a precaution.

Supporters framed the bill as a remedy for what they described as inconsistent local enforcement. "After the Board of Zoning Appeals unanimously ruled that heavy industrial solar-cell manufacturing was not allowed in a light-industrial zone, county staff continued issuing permits," a witness told the committee, arguing that the bill would prevent construction from proceeding despite a determination of noncompliance.

A written statement read on behalf of Fort Mill Superintendent Gray Young said the district strongly supports the bill and called for the immediate shutdown of the Silfab facility, reporting that staff hours and taxpayer resources have been diverted to safety initiatives related to the site. Representative Martin said the transcripted testimony indicated the facility would cease operations pending an investigation by a state environmental body and that operations had already been halted.

Several public witnesses, including residents and parents from Fort Mill, urged the panel to advance the bill. "Acid spills and industrial potash spills right next to an elementary school should never happen anywhere," Matt Villardevo told the committee, describing the safety concerns and asking the legislature to move the bill to the House floor.

Senator Johnson, who testified in support, framed the measure as a check on planning staff misclassifications rather than a removal of local power. "We're not stripping local government of power. We're putting a check on local government to make sure they're doing the right thing," he said, recounting that a BZA determination found the operation incompatible with a light-industrial zone and noting two chemical spills and the temporary removal of about 800 children during a reunification process.

Members asked questions about how the authority could be used and whether it could be misapplied by a single official or volunteer. Representative Magnuson asked whether the bill could empower a single zoning administrator or volunteer planning commission member to halt construction and produce unintended overreach. Senator Johnson and Representative Martin said they are willing to work with the committee on amendments to limit that risk.

Erica Wright of the Municipal Association of South Carolina said the Association supports the bill’s intent but cautioned that revoking already-issued development permits raises vested-rights concerns that could expose local governments to lawsuits. She said the Association is working with Representative Martin on amendment language, including possible carve-outs when a permit was issued based on misinformation or misrepresentation.

Committee members emphasized further work to get policy language right and to avoid driving away responsible businesses while protecting public safety and taxpayers from cleanup liability. A motion to adjourn debate on HB 4293 to allow time for staff to draft and consider amendments passed on a roll-call series of "Aye" responses; the committee will reconvene to address proposed amendments before the bill proceeds.

For now, the subcommittee left the measure pending additional drafting and outreach with stakeholders; lawmakers and municipal representatives said they expect to return with amendment language intended to narrow authorities, clarify vested-rights exceptions and preserve due process for businesses.

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