Regulations for Jim Timmerman Natural Resources Area at Jocassee Gorges

 

Camping

Backcountry camping by permit will be allowed at any time during the year that the main roads allowing access to the Jocassee Gorges are not opened in connection with big game hunting.  Backcountry camping is allowed by permit only at any location within the Jocassee Gorges, except for any area closed for camping by the Department.

 Backcountry camping is defined as minimal impact camping. No fires are allowed and each permitted camper is responsible for camping in a manner that results in no trace of the camping activity being left after breaking camp. The DNR may require permits to protect, preserve, or maintain the property. No camping is permitted within 50 feet of a stream, lake, or as posted by the Department. The Foothills Trail passes through portions of the Jocassee Gorges. Use of the Foothills Trail shall be limited to hiking and primitive camping. Camping is allowed at any point along the trail and within one hundred feet of either side of the trail. Camping along the Foothills Trail is restricted to hikers while engaged in backpacking. 

 

Operation of Motorized, Non-motorized Vehicles, All Terrain Vehicles, and Off Road Vehicles

 

Motorized and non-motorized vehicle access to the Jocassee Gorges is limited. US Highway 178 and Cleo Chapman Road (county road 143) are the only paved roads that access the property.  Access by the general public to the Jocassee Gorges by motorized vehicles will follow a seasonal schedule.  Road opening and closing schedules written below are given as general information. The DNR may open and close any roads at any time and for such duration as deemed necessary by the DNR to manage the property.

 

Dates for Seasonally Open Roads

 

Green gates are open:

Sept. 15 through Jan. 1 and March 20 through May 10

Green gates are closed:

Jan. 2 through March 19 and May 11 through Sept. 14

 

(A) The operation of a motorized vehicle behind any closed gate is prohibited. 

(B) Roads open to year-round public access include a section of Horsepasture Road to Laurel Fork Gap (from US Highway 178 only).

(C) All roads with Green gates are seasonally open. All roads with red gates are closed to vehicular traffic.  Gate color may be changed at discretion of DNR. 

(D) 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 DNR.

(E) Motorized vehicles, all terrain vehicles, and off road vehicles shall not exceed speed limits posted on DNR signs. On any land where no speed limit signs are posted the speed limit shall be 15 miles per hour.

(F) Subject to the authority in subsection (d) above, the operation of all terrain vehicles is restricted as follows:  Operation of all-terrain vehicles is restricted to one hour before sunrise to one hour after sunset each day beginning on Monday and continuing through the following Friday. A person may use an all-terrain vehicle while actually engaged in hunting at any time hunting is allowed; provided, however, the operation of an all terrain vehicle is restricted to one hour before sunrise to one hour after sunset with the exception of game retrieval, and an all-terrain vehicle may be used only on open roads.

(G) All-terrain vehicles having three (3) wheels and motorcycles constructed or intended primarily for off road use, such as dirt bikes and motocross bikes, are prohibited within the Jim Timmerman Natural Resources Area at all times.

(H) Bicycles may be ridden on any road or area that is not posted as closed to bicycles.

 

Horses may be ridden on any road that is not posted as closed to horse riding. Horses or pack animals may not be used in connection with overnight camping.

 

The use of hang gliders, parachutes, or similar devices is not allowed and may be deemed abuse

of DNR land.

 

            The regulations above refer specifically to the approximate 32,000-acre Jim Timmerman Natural Resources Area at Jocassee Gorges. Users are advised to review the complete DNR Rules and Regulations brochure for general regulations related to DNR-administered lands. Brochures are available at nearby stores and big game check stations.

 

Check special regulations related to the Eastatoee Creek and Laurel Fork Heritage Preserves.

 

**Access through the Musterground WMA is administered by Duke Energy. Road opening dates for the Musterground area are:

 

Green gates are open:

Sept. 15 through Jan. 1 and March 31 through May 1

Green gates are closed:

Jan. 2 through March 30 and May 2 through Sept. 14

 

 

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ARTICLE 10.

WILDLIFE MANAGEMENT AREAS

SECTION 50-11-2200. Establishment of wildlife management areas; regulations; prohibited conduct; penalties.

(A) Subject to available funding, the department shall acquire sufficient wildlife habitat through lease or purchase or otherwise to establish wildlife management areas for the protection, propagation, and promotion of fish and wildlife and for public hunting and fishing. The department may not have under lease at any one time more than one million six hundred thousand acres in the wildlife management area program. The department may not pay more than fair market value for the lease of lands in the area. The department may not lease land for the program, which, during the preceding twenty-four months, was held under a private hunting lease. However, this restriction does not apply:

(1) If the former lessee executes a voluntary consent to the proposed wildlife management area lease;

(2) If the lessor cancels the lease; or

(3) to any lands which, during the twenty-four months before June 5, 1986, were in the game management area program. The department may establish open and closed seasons, bag limits, and methods for hunting and taking wildlife on all wildlife management areas.

(B) The department may promulgate regulations for the protection, preservation, operation, maintenance, and use of land owned by the department.

(C) The following acts or conduct are prohibited and shall be unlawful on all land 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:

(1) hunting or taking wildlife or fish during closed season;

(2) exceeding bag or creel limits;

(3) hunting or taking wildlife;

(4) hiking;

(5) rock climbing;

(6) operation of motorized and nonmotorized vehicles;

(7) swimming;

(8) camping;

(9) horse riding;

(10) operation of boats;

(11) possession of pets;

(12) gathering plants;

(13) use of fire, except by the department for management purposes;

(14) polluting or contaminating any water;

(15) acting in a disorderly manner or creating any noise which would result in annoyance to others;

(16) operating or using audio device, including radio, television, musical instruments, or any other noise producing devices, such as electrical generators, and equipment driven by motor engines, in such a manner and at such times as to disturb other persons and no person shall operate or use any public address system.

(D) 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.

Section 50-11-2210. The abuse, misuse, damage, or destruction of wildlife management area land or improvements on wildlife management area land is unlawful. A person who abuses, misuses, damages, or destroys wildlife management area land 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 sets, makes, or builds a fire except in an area specially designated by the landowner, operates a motor conveyance in an area or on a road closed to operation, conducts target practice except in a designated target practice area, camps in an area not designated as a campsite, disregards a safety or restrictive posting by the landowner, or who otherwise abuses, damages, destroys, or misuses a wildlife management area 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. A person convicted of violating Section 50-11-2210 twice within a three-year period, in addition to the penalties incurred for violating Section 50-11-2210, must lose the privilege of entering onto wildlife management area land for one year. A person who enters a wildlife management area after losing the privilege to enter wildlife management areas 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 and must have the privilege to hunt or fish suspended for one year. The provisions of this section are in addition to other criminal penalties.

 

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Document No. 2685

DEPARTMENT OF NATURAL RESOURCES

CHAPTER 123

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

 

Synopsis:

 

These regulations govern the conduct and activities of visitors to all lands owned by the Department of Natural resources in order to protect and preserve natural resources while providing maximum public benefit through regulated outdoor recreation opportunities.  The repeal of current regulations, which apply to specific properties, will consolidate and simplify regulations for Department-owned properties.123-70.      

 

Instructions:

 

Repeal Regulations 123-70, 123-82, 123-90, 123-91, 123-92, 123-93, 123-94, 123-95, 123-152.

Establish Regulations 123-200 through 123-211.

 

The following current regulations should be repealed:

            123-70.  Dennis Wildlife Center

123-82.   Parr Hydroelectric Project Fish and Game management Area

123-90.  Capers Island

123-91.  Turtle Island

123-92.  Stevens Creek Natural Area

123-93.  Victoria Bluff Natural Area

123-94.  Protection and management of the Eastatoe Creek Wildlife management     Area in Pickens County, South Carolina

123-95.  Protection and management of the Flat Creek/Forty Acre Rock Natural area in Lancaster County, South Carolina

123-152. Application of Rules to Heritage Preserves

 

Text:

 

Reg.

123-200.          Regulations Applicable to Real Property Owned by the Department of Natural Resources.

123-201.          Definitions.

123-202.          Hazard of outdoor activities and liability.

123-203.          General Regulation.

123-204.          Regulations Applicable to Heritage Preserves Generally

123-205.          Regulations Applicable to Specific Properties.

123-206.          Special events permit requirements and procedures, and exceptions.

123-207.          Special Events, Permit Requirements and Procedures, and Exceptions

123-208.          Permits to Collect Plants, animals, or Minerals or to Undertake


Archeological Activities

123-209.          Exception for Non-Public Use Properties.

123-210.          Management Activities of Department Personnel.

123-211.          Law Enforcement, Fire Fighting, and Emergency Activities.

 

123-200.  Regulations Applicable to Real Property Owned by the Department of Natural Resources.

 

 

Applicability and Scope.

 

  A.  The purpose of this regulation is to govern the conduct and activities of visitors to all lands owned by the Department of Natural Resources.  This regulation applies to all lands, structures, and property owned by the Department of Natural Resources, including but not limited to wildlife management areas, heritage preserves, boat landings, and game preserves or reserves.

  B.   Regulations for the establishment of open and closed seasons, bag limits, and methods for hunting and taking wildlife on all Department owned wildlife management area lands, and for the protection, preservation, operation, maintenance, and use of wildlife management area lands not owned by the Department are stated in R.123-40.  The regulations below will apply to Department owned wildlife management area lands in addition to R.123-40.  In case of any conflict with R.123-40, this regulation will prevail.

  C.  Wildlife management area lands not owned by the Department are regulated generally under R.123-40 and specific regulations for individuals species.

 

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 Department land.

 

Department@ means the South Carolina Department of Natural Resources.

 

Department land@ mean 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.  Context refers to a non-disturbed area. Generally subsurface features like a posthole, fire pit, or grave if undisturbed, provide good context for archaeological pursuits.

 

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 the lands subject to this regulation 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 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 automobiles, trucks, jeeps, vans, busses, motorcycles, bulldozers, timber harvesters, and other earth‑moving equipment.

 

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 has been modified from its stock condition to enhance its ability for use off of paved or improved roads.

 

Pack animal@ mean 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, Code of Laws of South Carolina, 1976, as amended, 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 Department land.

 

Primitive Camping@ means the overnight occupancy of Department 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, carabineers, 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 shards 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. 

 

"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 Department land, except as provided in any regulation for Heritage Preserves in 123.204 or specific Department land designated in 123.205.

 

A.  Hunting, fishing, and taking game animals, birds, fish, or other wildlife is allowed on Department land that has 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.

 

B.  Possession of any firearm or weapon on Department land must comply with applicable state and federal statutes.   All firearms must be unloaded and secured in a weapons case except while legally hunting, unless otherwise legally permitted. Target, skeet, trap, plinking, paint ball, or any other type of shooting with any firearm or weapon is not be allowed on Department land, except in any area specifically designated and operated by the Department as a shooting range.

 

C.  Hiking is allowed subject to the following restrictions or conditions:

 

(1) Hiking is not allowed on any restricted lands or areas.  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;

 

 D.  Rock climbing is prohibited on all Department land.

 

 E.  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.

 

(2) Motorized vehicles, all terrain vehicles, and off road vehicles shall not exceed speed limits posted on Department signs.  On any land where no speed limit signs are posted, the speed limit shall be 25 miles per hour.

 

(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) Motorized vehicles, all terrain vehicles, and off road vehicles must be operated in accordance with load limits as established by posted notice for roads or bridges.

 

(5) No person shall cause or permit any motorized, all terrain vehicle, and off road vehicle to obstruct traffic by unnecessary stopping.  In the event of mechanical difficulties, the driver must make arrangements for the expeditious removal of the vehicle.  No motorized vehicle, all terrain vehicle, and off road vehicle shall be left parked on any road at night without lights or reflectors visible from both front and rear of the vehicle.

 

(6) Parking of motorized vehicles, all terrain vehicles, and off road vehicles must comply with any posting or signs and any instructions given by Department or law enforcement personnel. Obstructing vehicular travel is prohibited.

 

         (7) All motorized vehicles, all terrain vehicles, and off road vehicles must be equipped with properly working mufflers, brakes, spark arresters (if the vehicle was originally factory equipped with spark arresters and/or mirrors).

 

         (8) No trucks or other motorized vehicles commonly used for carrying freight, merchandise, or goods for sale, unless traversing on a through public highway, shall operate on roads or land without obtaining written permission from the Department.  Vehicles used in connection with delivery of supplies, site work activities, or concessions for authorized activities may operate in compliance with posted signs or notices.

 

          (9) Charter buses or other vehicles engaged in transporting persons for compensation are not allowed.  The Department may issue permits for entry by charter buses, for hire vehicles, tour groups, or similar activities, and the Department may condition permits as needed to protect the land and limit interference with other legitimate uses of the land.

 

         (10) No person operating or responsible for any aircraft may cause such aircraft to land on or take off from any Department land or deliver by air any person, material or equipment by parachute or other means, except in emergencies threatening human life or when authorized in writing by the Department.

 

         (11) 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.

 

         (12) The operation of nonmotorized vehicles are allowed subject to the following restrictions or conditions:       

 

(a) Bicycles must be ridden only on roads open to motorized vehicles and designated bicycle trails.

(b) Where provided, bicycle racks must be used for parking bicycles.  Bicycles must not be chained and locked to site structures or placed so as to obstruct pedestrian or vehicular movement.

(c) Using roller skates, in-line skates, skateboards, roller skis, coasting vehicles, or similar devices is prohibited, except in designated areas.

 

  F.  Swimming and Bathing.

 

  Swimming is prohibited except in designated areas.  The prohibition against swimming will not apply to any State or federal navigable waterway abutting or flowing through Department land.

 

 

  G.   Camping.

 

Camping is prohibited on Department land, except under the following conditions:

 

(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. The storage of personal property on Department land is prohibited.

 

(4) No organized group of ten or more individuals may camp on Department lands at a single designated campsite at any time except under permit.  For any group of ten or more campers, the Department may issue one permit, listing the name of each camper and designating a particular campsite.

 

(5) Permanent structures must not be erected.  Campers must provide their own shelter in the form of a portable tent or other portable artificial cover. 

 

(6) Any tent or other camping structure left unoccupied for more than seventy-two hours may be taken down or removed by the Department.

 

(7) Pack animals must not be used while camping or in support of camping.

 

  H.    Horse riding.


 

(1) The riding of horses is permitted on Department land only in areas specifically designated for horse riding.

 

(2) The Department may restrict the number of horses and horse trailers on any Department land and may require permits on specific areas.  Restrictions shall be posted at the offices and/or entrances to Department lands or in published brochures.

 

  I.  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) No motorized boat may be launched on Department land except at launch sites designated by the Department.

 

  J.  Possession of pets or specialty animals.

 

(1) Pets are not allowed on Department land except under the following conditions;

 

(a) Pets must not roam freely;

(b) 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;

(c) Neither dangerous pets nor pets with a propensity toward aggressive behavior are allowed.

 

(2) The requirements of this subsection do not apply to dogs while being used during and as a part of any of the following activities on Department land:

 

(a) Hunting during open hunting seasons on lands or waters open for hunting when use of dogs is authorized by statute or regulation.

(b) 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.

(c) Authorized field trial events;

(d) Special events or activities as authorized by the department;

(e) Providing assistance to the visually or hearing impaired.

 

(3) Raptors are allowed on Department land in compliance with R.123-170.

 

(4) No specialty animals shall be allowed on Department land.

 


  K.  Consumption of alcohol.

 

  Public drunkenness is not allowed on Department land.  The consumption or display of any beverage containing alcohol while operating or riding, as a passenger in any motorized or non-motorized vehicle is not allowed.  Alcoholic beverages may be consumed by a person of lawful age only while actually camping at a designated campsite. 

 

  L.  Gathering, damaging, or destroying plants, animals, fungi, rocks, minerals, fossils, artifacts, or ecofacts.

 

(1) No person may gather, collect, deface, remove, damage, disturb, destroy, or otherwise injure in any manner whatsoever the plants, animals (except lawful hunting), fungi, rocks, minerals,  fossils, artifacts, or ecofacts on any Department land, including but not limited to any tree, flower, shrub, fern, moss, charcoal, plant remains, or animal remains on any Department land and wildlife management areas.  The Department may authorize the collection of certain material upon issuance of a permit as provided in 123-207.

 

(2) Shed antlers at ground surface may be collected on Department land.

 

(3) The collection of shells by individuals on beaches along the Atlantic Ocean is allowed, provided that access to the beach is not part of or associated with any commercial operation, charter, tour, or organized group.  No person may collect in one day more shells than will fill a one-gallon container. The collection of shells for any commercial purpose is not allowed.  Charter, commercial, or other for hire boats, buses, or other conveyances may not enter Department land for any purpose connected with collecting shells.

 

(4) The use of metal detectors is prohibited on Department land.

 

(5) The use of a metal or fiberglass probe to search for any object below ground surface is prohibited on Department  land.

 

(6) Campers may collect firewood as authorized in 123-203.N (3).

 

  M.  Use of fire, fireworks, or explosives.

 

(1) No open fires may be started on any Department land except 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 lit until all flammable material has been removed from its perimeter as is necessary to prevent its spread.  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 campfires 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.

 

(6) The possession of fireworks is prohibited.

 

  N.  Pollution or contamination of any land or water.

 

The polluting of land and water is not allowed on Department land.  The depositing of   waste, refuse, or any material that pollutes or contaminates land or water is not allowed.

 

  O.  Acting in a disorderly manner is not allowed on Department land.

 

In addition to any basis recognized under current common law or statutory law, the following conduct shall be deemed disorderly:

 

(1) Acting in a boisterous or disorderly manner, creating unreasonable noise, unduly annoying other persons, or behaving in such a manner as is reasonably calculated to cause a breach of the peace;  

 

(2) Making loud and unseemly noises or profanely cursing, swearing, or using obscene language;

 

(3) Indecently exposing one’s person or performing any indecent act;

 

(4) Throwing missiles, to the annoyance of the public;

 

(5) Obstructing, encumbering, interfering with lawful use, or rendering dangerous any public place;

 

(6) Engaging in, instigating, or encouraging a confrontation or fight;

 

(7) Causing a disturbance of the public peace.

 

  P.  Operation of audio devices, musical instruments, or other noise making instruments.

 

  The operation or use of any audio device, including radio, television, musical instruments, or any other noise producing devices, such as electrical generators, and equipment driven by motor engines, in such a manner and at such times as to disturb other persons is prohibited on all Department land.  No person may operate or use any public address system.  The use of legal weapons during an open hunting season will be allowed while hunting on Department land designated as a wildlife management area.

 

  Q.  Abuse of Department land.

 

  Abusing, damaging, defacing, or destroying land or any improvements on Department is unlawful.  Abuse of lands and improvements includes, but is not be limited to:

 

(1) Defacing, altering, destroying, or removing any sign, marker, guidepost, fence, gate, lock, barrier, improvement, building, bridge, culvert, structure, natural landmark or feature;

 


(2) Digging or excavating;

 

(3) Cutting trees, shrubs, or other plants;

 

(4) Making or cutting new trails;

 

(5) Use of herbicides or pesticides (excluding insect repellent);

 

(6) Introducing any non-native or cultivated plants or other organisms;

 

(7) Releasing any animal; provided, however, this restriction shall not apply to catch and release fishing.

 

  R.  Restricted areas.

 

            The Department may restrict access to designated areas on any Department  land.  Access to any area may be restricted when the Department determines that the best interest of the property will be served.

 

  S.   Hours of Operation

 

 Generally, all Department lands are open for uses allowed by this regulation twenty-four hours a day.  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.

 

123-204. Regulations Applicable to Heritage Preserves.

 

  A.  As authorized by Section 51-17-10, et seq., Code of Laws of South Carolina, 1976, as amended, certain Department owned lands have been designated as heritage preserves.  Heritage preserves have been created to protect the State's natural and cultural diversity.  The general regulation in 123.203 applies to heritage preserves, except where any regulation is inconsistent with the regulations within this section.  Certain heritage preserves listed in 123-205 may have specific regulations that differ from either 123-203 or 123-204.

 

  B.  The specific regulations stated in 123-205 shall take precedence over regulations stated in either 123-203 or 123-204.

 

  C.  Hours of Operation.

 

  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 same as are authorized for hunting as stated in 123-40.  The Department may set different operating hours for individual preserves.  When operating hours are different from sunrise to sunset, the Department may restrict the hours of operation by publication in Department brochures and pamphlets or by posting on site-specific hours of operation.

 

  D.  Weapons and firearms.

 


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.123-40 and R.123-203.B. 

 

  E.  No horses, cattle, llamas, goats, sheep, dogs, cats, or livestock, draft, pack, or riding animals may be introduced to, placed upon, or allowed to graze or wander on any heritage preserve.  Pets are allowed as provided in 123-203.J.  Dogs used in connection with hunting may be allowed on heritage preserves designated by the Department as wildlife management areas as provided in 123-203.J (2).

 

  F.  All terrain vehicles are not allowed on any heritage preserve.  Bicycles may be ridden on roads open to motorized vehicles and on any designated bicycle trail.

 

  G.  The collection, removal, or disturbance of rocks, artifacts, or ecofacts from surface or subsurface contexts is prohibited.  Marine and freshwater shell and antler objects are deemed as artifacts or ecofacts.  Marine shells found on the surface of beaches along the Atlantic Ocean may be collected by individuals.

 

  H.  The possession or use of metal detectors is prohibited on heritage preserves.

 

   I.  The collection of recently shed antlers from surface contexts is allowed on heritage preserves.

 

123-205. Regulations Applicable to Specific Properties.

 

  A.  Aiken County Gopher Tortoise Heritage Preserve.

 

(1) Horse riding is allowed only on roadways, firebreaks, and trails.  Riders may ride in groups no larger than five (5).

 

(2) Bicycles may be ridden on hiking trails.  Bicyclists may ride in groups no larger than five (5).

 

  B.  Bay Point Heritage Preserve.

 

(1) No dogs are allowed.

 

(2) No person may enter any area of the preserve designated as a nesting area for birds.

 

  C.  Bear Branch Heritage Preserve.

 

  Public visitation is by permit only.  The preserve is closed to use except by permit.

 

  D.  Bear Island