North Charleston's Environmental Rules: The Rules That Matter

Every city handles environmental rules a little differently. In North Charleston, South Carolina, there are 4 distinct rules that residents and property owners should be aware of. Some are stricter than what neighboring cities enforce, and others are more relaxed. Here is what you need to know.

Flood Elevation Requirements

New and substantially improved homes in North Charleston's mapped flood zones must have their lowest floor built at least 2 feet above the base flood elevation under Sec. 5-409(b)(1), a freeboard margin that also bars basements outright.

Key details: Residential freeboard: lowest floor 2 ft above BFE. Basements: prohibited in flood zones. Non-residential option: floodproof to 2 ft above BFE, A-zones only. V-zone elevation: lowest horizontal member 2 ft above BFE. AO zone elevation: depth number or 3 ft, plus 2 ft if greater.

Chapter 5's flood article carries its own penalty at Sec. 5-406(g): violating any elevation, freeboard, or floodproofing requirement of Sec. 5-409, including conditions attached to a granted variance, is a misdemeanor punishable by a fine of up to $500, imprisonment up to 30 days, or both, with each day of noncompliance treated as a separate offense.

This is one of the stricter rules in North Charleston's municipal code. If you are unsure whether your situation complies, it is worth checking with the city before proceeding.

Erosion Control

A grading or land-disturbing permit is required before excavation begins, and the application must meet South Carolina's Stormwater Management and Sediment Reduction Regulations, adopted into city code by reference.

Key details: Permit required before: any excavation or grading. Technical standard: SC Stormwater Mgmt & Sediment Reduction Regs. Inspections by: zoning administrator/city officials. Local standards written: none: state regs adopted by reference.

Beginning excavation or grading before a permit is issued violates § 7-2; noncompliance found during a § 7-3 inspection is enforced under § 7-5's general penalty (up to $500 or 30 days, each day a separate offense).

Flood Zones

North Charleston requires a development permit before any construction, land alteration, or structural change in FEMA-mapped special flood hazard areas, under Sec. 5-406, which adopts the city's current flood insurance study maps and applies to every zone they cover.

Key details: Effective FEMA maps: dated on/after Jan 29, 2021. Permit required: before any development activity. Zones covered: A, AE, AH, AO, A1-30, V, VE. Local floodplain administrator: city Building Official. Violation fine: up to $500 and/or 30 days jail.

Sec. 5-406(g) makes violating the chapter, or failing to comply with any of its requirements including conditions attached to a variance or special exception, a misdemeanor punishable upon conviction by a fine of not more than five hundred dollars or imprisonment for not more than thirty days, or both, with each day a violation continues counted as a separate offense; the city may also pursue any other lawful remedy to prevent or correct the violation.

Compared to other cities, North Charleston takes a harder line on flood zones. The enforcement and penalty structure reflects that.

Stormwater Management

New subdivision lots 200 feet deep or less must drain to an approved swale, ditch or gutter at a minimum eight-tenths of one percent slope so water doesn't pool.

Key details: Applies to lots: 200 feet deep or less. Minimum slope: 0.8% to drainage facility. Approved outlets: swale, ditch, gutter. Larger tracts: must be 'properly drained'.

Plats or lot grading that fail to provide the required 0.8% positive drainage slope are noncompliant with the subdivision ordinance and can be rejected or held up at final plat approval and construction inspection.

The Bottom Line

North Charleston is tougher than many cities when it comes to environmental rules. Out of the 4 rules covered here, 2 are rated strict. If you are a homeowner, renter, or business owner in North Charleston, take the time to understand these requirements before they become a problem. Most violations come with fines, and some repeat violations can escalate.

This guide is based on North Charleston's current municipal code. Local rules can and do change, so check the individual ordinance pages for the latest details, penalties, and FAQs.