Charleston's Relaxed Approach to Single-Use Items: What's Allowed

If you live in Charleston or are thinking about moving there, single-use items are one of those things you probably won't think about until they affect you directly. Charleston has 3 specific rules on the books covering different aspects of single-use items, and some of them might surprise you.

Polystyrene Foam Rules

Polystyrene foam container regulation in Charleston is preempted by South Carolina §44-96-180. The City of Charleston has no foam ban; restaurants and retailers may use expanded polystyrene takeout containers without restriction.

Key details: City rule: None. State preemption: SC §44-96-180. County facilities: Internal foam ban. Private retail: Unrestricted.

Distributing polystyrene foam containers carries no city violation in Charleston; only Charleston County facility procurement is restricted, with internal county compliance only.

If you are coming from a city with tighter rules, you will find Charleston gives residents more flexibility on polystyrene foam rules.

Plastic Straw Rules

Charleston has no plastic straw ban or by-request rule. South Carolina §44-96-180 preempts local auxiliary container regulation, so straws may be distributed freely; only voluntary green-business programs encourage paper alternatives.

Key details: Local rule: None. Preemption: SC §44-96-180. Voluntary programs: Surfrider, Green Business. By-request rule: Not adopted.

None. Plastic straw distribution carries no city, county, or state penalty; voluntary green-business decertification is the only consequence for participants.

Charleston is more permissive than most cities when it comes to plastic straw rules. That said, there are still limits.

Plastic Bag Rules

South Carolina §44-96-180 (2020) preempts municipal regulation of auxiliary containers including plastic bags. Although Charleston County and Mount Pleasant passed bans before preemption, the state law blocks any new Charleston city bag ordinance.

Key details: Preemption: SC §44-96-180 (2020). Grandfathered: Charleston Co, Folly, MP. City of Charleston: No bag ban. Coverage: Bags, foam, cups.

No Charleston city violations exist for plastic bag distribution. Adjacent jurisdictions like Folly Beach issue fines under their grandfathered ordinances against retailers there.

If you are coming from a city with tighter rules, you will find Charleston gives residents more flexibility on plastic bag rules.

The Bottom Line

Compared to many U.S. cities, Charleston gives residents more room on single-use items. 3 of the 3 rules here are rated permissive. But permissive does not mean unregulated. There are still requirements, and the city does enforce them when violations are reported.

These rules come from Charleston's publicly available municipal code. For complete penalty schedules, exemption details, and answers to common questions, see the individual ordinance pages throughout this guide.