Panel approves exemption for farm roadside markets after adding liability and lease clarifications

Representative Patrick Hadden said bill 5097 is intended to protect and grow roadside markets by exempting markets located on land owned or leased and controlled by the farmer from some local building-code, permitting and stormwater requirements. Hadden moved Amendment 1 to clarify the exemption applies to farmers’ own or leased property they control and added language to bar local-government liability for occurrences arising from the exemption.

Opponents and supporters gave brief testimony due to time constraints. Sean Brashear, representing the Building Officials Association of South Carolina and serving as Florence County planning and building director, testified against the bill. He warned the exemption is broadly written, could be difficult for local authorities to enforce, and might create public‑safety risks if structures are not inspected or if stands begin selling nonfarm items.

Jeb Wilson, a fifth‑generation farmer from Chester County, testified for the bill, saying building‑code and permitting costs can make permanent stands prohibitively expensive. He said a long‑running produce market was built for less than $50,000, but that another project currently under way would cost more than $400,000 because of grading, paving and other site costs.

The committee adopted Amendment 1 by roll call (Atkinson, Gillum, Hadden, Rankin and Chumley voting aye) and later voted to pass the amended bill with the same recorded ayes. The chair said the bill will move to a full committee meeting next week and staff will circulate materials as needed.

What’s next: The bill, as amended, passed the subcommittee 5-0 and will be scheduled for the full committee; staff said additional public speakers who did not get time will have opportunities to appear at later sessions.