Story last updated at 7:20 a.m. Sunday, March 28, 2004

Eliminating 'five mile rule' could have serious consequences

Legislation that had been perceived as protection for the town of James Island now is being opposed by the state's Municipal Association as bad public policy. There appears to be good reason for the association's concern. The bill conceivably could result in the incorporation of scores of tiny new municipalities in this state. The last thing South Carolina needs is more so-called "paper towns."

The bill, sponsored by Senate President Pro Tempore Glenn F. McConnell, sailed through that body and will be up for consideration Tuesday by the House Judiciary Committee. Unfortunately, because the legislation has been portrayed as part of the long-standing controversy between the city of Charleston and the town of James Island, it has gotten little statewide attention.

No question the intent of eliminating the so-called "five mile rule" was to help the town of James Island. Sen. McConnell tells us he introduced it at the request of James Island Mayor Mary Clark. But it has the potential for serious unintended consequences.

The senator certainly didn't intend to lay the groundwork for the creation of an unknown number of small towns within the shadow of existing cities. But an analysis by the city of Charleston shows the potential for as many as eight new towns on James Island itself if the bill passes.

Here's why: The law now prohibits the incorporation of a new town if it is within five miles of an existing municipality unless the existing town or city has refused to annex it, or unless it has at least 15,000 potential residents.

Two years ago, James Island incorporators said they met the 15,000 test, and residents within that area voted to form a new town. A lower court has said, however, that a state law that allowed the incorporators to connect enough territory to qualify for the 15,000 exemption is unconstitutional. The town's future depends on its appeal to the S.C. Supreme Court.

In eliminating the "five mile rule," the McConnell bill leaves only one major requirement for incorporation: that an area have 300 persons per square mile.

A city of Charleston planner tells us that virtually any subdivision could qualify. He has used the McConnell bill criteria to plot dozens of potential new towns in a number of counties, some with populations as few as 1,200.

Gary Cannon, head of intergovernmental relations for the Municipal Association, said it simply is good public policy to have small areas first try to receive needed services from existing municipalities. For the most part, the state's small "paper towns," primarily in rural areas, have formed to obtain state-shared revenue at the expense of the existing towns, and have done so without providing any real municipal services.

Further, Mr. Cannon noted that if the town of James Island is upheld by the courts -- as Sen. McConnell insists it will be -- it won't need the legislation. If not, that would mean the court found the state law flawed. That would be the time, Mr. Cannon noted, for legislators who want to help James Island incorporate to address that problem.

Sen. McConnell said he didn't hear the concerns about the innumerable "paper towns" that could be formed when the bill was in the Senate. He said he would be willing to re-examine the situation. "I don't want to pass bad law," he told us.

Neither should the House Judiciary Committee. That's why on Tuesday it should table the bill.

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