Lancaster County BZA hears rules-of-procedure briefing; attorney outlines limits on ex parte contacts and executive sessions

The Lancaster County Board of Zoning Appeals heard a detailed briefing from County Attorney Jenny Merck DuPont on the board’s rules of procedure, limits on outside contacts, and when the board may use executive session, officials said.

DuPont told board members the county attorney’s office provides procedural guidance but cannot serve as an impartial advisor on the merits of cases when the office routinely represents planning and zoning staff. “There is only 1 of us, and it is me. So I am a true 1 stop shop,” she said, explaining why the county attorney must avoid advising the board on substantive case outcomes.

The briefing outlined several items board members and staff said are central to keeping BZA actions defensible on appeal. DuPont reviewed applicable authorities, including the South Carolina Comprehensive Planning Act, Lancaster County’s Unified Development Ordinance and Code of Ordinances, a county General Provisions Ordinance adopted in fall 2024, and the state Freedom of Information Act (FOIA). She said Robert’s Rules of Order will fill procedural gaps where the board’s own rules do not address an issue.

Why it matters: BZA decisions are quasi-judicial and can be appealed to circuit court. DuPont emphasized that appeals evaluate the…