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

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Enforcing agency
Kershaw County Stormwater Manager
Exempt
Single-family lots disturbing under 5,000 sq ft
Exempt
Agricultural land disturbing under 1 acre
Standards source
SC DHEC BMP Handbook, § 14-92
Bond required
Before stormwater-facility permit issues
Penalty
Misdemeanor, magistrate's court, per day

Summary

Kershaw County folds erosion and sediment control into its Stormwater Management Ordinance: nobody may develop land, disturb soil, or let sediment leave a property boundary without complying with the county's Stormwater Management Program, permits and plans. Small single-family lots under 5,000 square feet and agricultural land under one acre are exempt.

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

Sec. 14-89. - Prohibitions and exemptions. (a)No person shall (1) develop any land, (2) engage in any industry or enterprise, (3) construct, operate or maintain any landfill, hazardous waste treatment, disposal or recovery facility, or any other industrial or related facility (4) dispose of any hazardous or toxic substance or other pollutant (5) or otherwise promote and/or allow the transport of sediment and other pollutants associated with stormwater runoff beyond property boundaries without having provided for compliance with this article and with any program, plan, permit, or regulation of the Kershaw County Stormwater Management Program (SWMP) adopted in accordance with this article and all other applicable state and federal regulations.(b)The following development activities are exempt from the provisions of this article.(1)Construction or improvement of single-family residences or their accessory buildings which are separately built and not part of multiple construction of a subdivision development and which are anticipated to disturb an area of less than 5,000 square feet are exempted from section 14-89(a)(1) of this article.

Full Breakdown

Section 14-89(a) bars anyone from developing land, running an industrial or landfill operation, disposing of hazardous or toxic substances, or letting sediment and other pollutants cross a property line into the stormwater system without first complying with the Kershaw County Stormwater Management Program (SWMP) and its permits and plans. Subsection (b) carves out four exemptions: a single-family home or accessory building built separately, not as part of a subdivision, that disturbs less than 5,000 square feet; agricultural land disturbances under one acre; larger agricultural disturbances that create no new impervious surface; and forestry land-disturbing work conducted under South Carolina Forestry Commission best management practices.

For everything else, the Stormwater Manager's Best Management Practices (BMP) Handbook, adopted under § 14-92, sets the minimum specifications for preparing erosion and sediment control plans, selecting environmentally sound practices, and calculating post-development performance standards, and it is developed by the South Carolina Department of Health and Environmental Control (SCDHEC). The county's stated purpose for the article, in § 14-22(b)(1), specifically includes controlling erosion and sediment during construction and land disturbance activity. A performance bond is required before a building or land disturbance permit issues for any development needing a stormwater management facility, under § 14-103, and that bond secures compliance with the land disturbance permit and the SWPPP.

Violations & Fines

Developing land or disturbing soil without meeting the county's erosion and sediment control requirements is unlawful under § 14-89(a), and civil or criminal penalties, prosecuted in magistrate's court, apply under §§ 14-192 and 14-193, with each day of noncompliance a separate offense. The Stormwater Manager can also revoke a land disturbance permit under § 14-191 for construction that doesn't match the approved erosion control plans.

Frequently Asked Questions

Do I need an erosion control plan to build a house in unincorporated Kershaw County?
Only if your project disturbs 5,000 square feet or more. Section 14-89(b)(1) exempts a separately built single-family residence or accessory building, not part of a subdivision, that disturbs less than 5,000 square feet from the county's erosion and sediment control requirements.
Is farmland exempt from erosion control rules?
Mostly. Section 14-89(b)(2) and (3) exempt agricultural land disturbances under one acre outright, and larger agricultural disturbances as long as they don't create new impervious surface; forestry operations following South Carolina Forestry Commission best management practices are exempt too.
What standards apply to erosion and sediment control plans?
Section 14-92 requires the use of the South Carolina Stormwater Management BMP Handbook, developed by SCDHEC, which sets the minimum specifications for preparing erosion and sediment control plans, selecting environmentally sound control techniques, and meeting the post-development performance standards required before Kershaw County will approve a land disturbance permit.
What happens if erosion control isn't followed?
The Stormwater Manager can issue a stop-work order, revoke the land disturbance permit under § 14-191, and refer the violation for civil or criminal prosecution in magistrate's court under §§ 14-192 and 14-193, with each day of the violation a separate offense.

Sources & Official References

Other rules in Kershaw County

All Kershaw County rules

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