Sidewalk & Pedestrian Rules in Charleston, SC

If you live in Charleston or are thinking about moving there, sidewalk & pedestrian rules are one of those things you probably won't think about until they affect you directly. Charleston has 2 specific rules on the books covering different aspects of sidewalk & pedestrian rules, and some of them might surprise you.

Obstruction Rules

Charleston bars anyone from placing signs, planters, canopies, or other private property on a public sidewalk or street until the city issues an encroachment agreement. The Department of Public Service and the Public Works and Utilities Committee enforce strict placement rules, including a mandatory 48-inch clear path for pedestrians on every public right-of-way in the city.

Key details: Governing law: City Code Ch. 28, Art. III §§ 28-36 to 28-44. Permit required: Encroachment agreement before placement. Pedestrian clearance: Minimum 48 inches of walkway. Wall setback: Within 6 in. of wall or 18 in. of curb. Removal notice: 24 hours for right-of-way repairs.

Unlawful encroachments are removable at the owner's expense. The city gives 24 hours' notice before removing an encroachment to repair the right-of-way, but police, fire, public service, or traffic officials may remove one immediately and without notice if it poses an immediate danger, per Section 28-43. Any encroachment left in place seven or more consecutive days after the owner vacates the premises is deemed abandoned and subject to removal. Because Article III sets no separate fine, violators face the Code's general penalty under Section 1-16: up to a $500 fine or 30 days in jail, with each day a continuing violation counted separately.

Encroachment Permits

Placing anything privately owned on, affixed to, or overhanging a Charleston public right-of-way, from canopies to street furniture to building cornices, requires prior approval under an encroachment agreement per § 28-39. Chapter 28, Article III sets strict siting standards, keeping encroachments clear of fire hydrants, crosswalks, driveways, and bus stops, and lets the city remove unauthorized or abandoned encroachments.

Key details: Governing sections: City Code §§ 28-36 through 28-44. Approval required: Encroachment agreement before placement. Permanent encroachments approved by: Public Works and Utilities Committee. Temporary encroachments approved by: Department of Public Service. Grandfather date: December 11, 1962 pre-existing projections.

Placing or maintaining an unauthorized encroachment exposes the owner to removal at their own cost for labor and restoration under § 28-43, and any encroachment posing an immediate danger to life, safety, or health can be removed by the city immediately without prior notice. Routine removals for right-of-way repair require only twenty-four hours' notice from the department of public service, and abandoned encroachments, vacant seven or more consecutive days, are likewise removable at the owner's expense.

This is not one of those rules that cities tend to ignore. Charleston actively enforces its encroachment permits requirements.

The Bottom Line

Charleston's sidewalk & pedestrian rules rules are a mixed bag. Some areas are strict, others are relaxed, and the details matter. The best approach is to check the specific rule that applies to your situation rather than assuming Charleston is broadly strict or permissive.

All of the above reflects Charleston's municipal code as of our last review. If you need specifics on fines, exemptions, or filing requirements, the detailed ordinance pages linked above have the full breakdown.