Cherokee County, SC Environmental Rules: Erosion Control (2026)
Key Facts
- Governing section
- Cherokee County Code § 13-83(b)
- Plan accepted
- Approved DHEC stormwater management and sediment control plan
- Proof of compliance
- Copy of the DHEC permit, or the plan filed with DHEC
- Road slopes
- Developer seeds slopes until the county adopts the right-of-way
- Appeals
- Citizens Planning Commission, within thirty (30) days
- Penalty
- Misdemeanor, punished in the court's discretion
Summary
In unincorporated Cherokee County, South Carolina, a land development project meets the county's drainage requirement when it holds an approved stormwater management and sediment control plan or permit from the South Carolina Department of Health and Environmental Control. Cherokee County Code § 13-83(b) accepts a copy of that permit or plan as proof of compliance.
(b)The requirements of this section shall be deemed to have been met for any land development project for which there is an approved stormwater management and sediment control plan from the South Carolina Department of Health and Environmental Control in accordance with S.C. Code 1976, Tit. 48, Ch. 14, relating to erosion and sediment control and stormwater management and South Carolina Department of Health and Environmental Control Regulations section 72-305 relating to stormwater management, erosion and sedimentation management. For projects requiring a South Carolina Department of Health and Environmental Control stormwater management permit, the submission of a copy of such permit shall qualify as compliance with this provision. For projects that require only a stormwater management plan be submitted to South Carolina Department of Health and Environmental Control, the submission of a copy of that plan shall qualify as compliance with this provision.
Full Breakdown
Cherokee County Code § 13-83 sits in Chapter 13, Land Development Regulations, the county's subdivision and development standards. Erosion control in unincorporated Cherokee County, South Carolina is therefore tied to plan approval for subdivisions and land development projects, not to a separate county grading permit.
Subsection (b) says the section's requirements are deemed met for any project that has an approved stormwater management and sediment control plan from the South Carolina Department of Health and Environmental Control under Title 48, Chapter 14 of the S.C. Code and Regulations section 72-305. The wording splits projects into two groups. If the project needs a DHEC stormwater management permit, handing the county a copy of that permit qualifies as compliance. If it needs only a stormwater management plan submitted to DHEC, a copy of that plan qualifies.
The same expectation appears at the site plan stage. Section 13-156(5)k lists drainage features and conceptual stormwater management systems among the items a land development site plan must show, and says that attaching the DHEC permit or the stormwater management and sedimentation control plan filed with DHEC fulfills the requirement. Section 13-158 adds that approval by the designated ordinance administrator implies compliance with the chapter only and does not relieve an owner or developer of any federal or state agency requirement.
Erosion also appears in the road standards. Under section 13-82(3)d, the developer is responsible for maintaining slopes and all areas along newly developed roads until the county adopts the rights-of-way, and slope maintenance includes seeding in order to prevent soil erosion. Road swales must be stabilized against erosion by grassing for year-round growth. The one-year warranty in section 13-82(5) covers defects in grassing and erosion control, alongside pavement, storm drainage, curbs and sidewalks.
Appeals of decisions under these sections go to the Cherokee County Citizens Planning Commission, filed within thirty (30) days of notice under section 13-163.
Violations & Fines
Under § 13-162(b), any violation of Chapter 13 is a misdemeanor and, upon conviction, is punished in the discretion of the court. The designated ordinance administrator decides whether an owner, developer or subdivider is in violation. Building permits are not issued until the plan or plat bears the administrator's approval stamp (§ 13-162(a)(2)), and the county holds a surety bond posted by the developer to cover required improvements.
Frequently Asked Questions
Does unincorporated Cherokee County require its own erosion control permit?
What proves compliance for a project that needs only a DHEC plan?
Who maintains slopes along a new subdivision road?
Where do appeals of these decisions go?
Sources & Official References
Other rules in Cherokee County
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