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Cherokee County, SC Environmental Rules: Erosion Control (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 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.

These county ordinances apply to unincorporated areas of Cherokee County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

(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?
Section 13-83(b) of the Cherokee County Code does not set up a separate county erosion permit. It treats a land development project as compliant when the developer submits a copy of the South Carolina Department of Health and Environmental Control stormwater management permit, or the plan filed with that agency when only a plan is required.
What proves compliance for a project that needs only a DHEC plan?
Under § 13-83(b), a project that requires only a stormwater management plan to be submitted to the South Carolina Department of Health and Environmental Control qualifies by submitting a copy of that plan to Cherokee County. A project that needs a DHEC stormwater management permit qualifies by submitting a copy of the permit instead.
Who maintains slopes along a new subdivision road?
Under § 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. Slope maintenance includes seeding in order to prevent soil erosion. After acceptance, the one-year warranty in § 13-82(5) covers defects in grassing and erosion control.
Where do appeals of these decisions go?
Appeals related to sections 13-82, 13-83, 13-84, 13-85, 13-86 and 13-152 are directed to the Cherokee County Citizens Planning Commission. The appeal goes on the form approved by the designated ordinance administrator and must be filed within thirty (30) days of receiving notice. An appeal stays proceedings unless the administrator finds imminent peril to life and property.

Sources & Official References

Other rules in Cherokee County

All Cherokee County rules

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