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

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

Key Facts

Front/side yard requirement
sod required (§ 11-62)
Rear yard minimum
hydro-seed (§ 11-62)
Slope trigger
swales/slopes over 15% must be sodded
Flowerbed exception
up to 6 ft wide unsodded (§ 11-62)
Adopted
Ord. No. 08-06-30, June 23, 2008
Penalty
up to $200 fine / 30 days jail (§ 11-103)

Summary

Berkeley County Code Sec. 11-62 ties every project to the county's Stormwater Drainage Ordinance and sets a sodding floor for new residential construction: front and side yards must be sodded, rear yards at least hydro-seeded, and any swale or graded slope over 15 percent sodded, with a narrow flowerbed exception.

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

All properties shall comply with the Berkeley County Stormwater Drainage Ordinance. New residential construction shall, at a minimum, sod front and side yards, hydro-seed rear yards, sod all swales and graded slopes exceeding 15 percent. Areas that are not affected by construction and have natural vegetation established are exempt from these requirements. Flowerbeds around the perimeter of the home cannot exceed six feet in width without being sodded, unless approved by the chief building official.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 37).

Full Breakdown

Sec. 11-62, in the permits and inspections division of the building code chapter, requires 'all properties' to comply with the Berkeley County Stormwater Drainage Ordinance and then sets specific minimums for new residential construction: sod on the front and side yards, hydro-seed at minimum on the rear yard, and sod on all swales and graded slopes exceeding 15 percent. The section carves out land not affected by construction that already has natural vegetation established, which is exempt from the sodding and hydro-seeding minimums entirely. It also addresses a common workaround: flowerbeds around the perimeter of the home cannot exceed six feet in width without being sodded, unless the chief building official approves a wider unsodded bed.

The section was adopted by Ord. No. 08-06-30 on June 23, 2008, and sits alongside the addressing rule in Sec. 11-63 and the accompanying-documents rule in Sec. 11-61, all enforced by Berkeley County's permitting, planning and zoning, and building and codes departments as part of the standard residential permitting process, since Sec. 11-64 bars any covered work from starting without a valid permit in the first place. Because Sec. 11-61 already conditions the certificate of occupancy on proof that water, sewer, or DHEC septic requirements and FEMA elevation certificates are satisfied, the erosion-control sodding and seeding standard functions as a final-inspection checkpoint before a new home can be occupied.

Violations & Fines

Sec. 11-62 sits within chapter 11's technical-code framework, so noncompliance is enforced under Sec. 11-103's general chapter 11 penalty: a misdemeanor punishable by a fine up to $200.00 and/or up to 30 days in jail, with each day of continued noncompliance a separate offense. The chief building official can also withhold final inspection sign-off, and therefore the certificate of occupancy, until the required sodding, hydro-seeding, or slope stabilization is complete.

Frequently Asked Questions

Do I have to sod my entire new-construction lot?
No. Sec. 11-62 sets a floor, not a ceiling: front and side yards must be sodded and the rear yard at least hydro-seeded, but any area untouched by construction that already has established natural vegetation is exempt from both requirements.
What triggers the slope-sodding requirement?
Any swale or graded slope on the property that exceeds a 15 percent grade must be sodded under Sec. 11-62, regardless of whether it sits in the front, side, or rear yard, because erosion risk on steep grades is treated separately from the general yard rule.
Can I leave a flowerbed unsodded around my house?
Yes, up to six feet wide around the home's perimeter. Sec. 11-62 lets a wider unsodded flowerbed through only with the chief building official's approval; beyond six feet without that sign-off, the bed must be sodded like the rest of the yard.
What happens if I skip the required sodding?
Sec. 11-103 makes noncompliance with chapter 11's technical-code requirements, including Sec. 11-62's sodding standard, a misdemeanor: up to a $200.00 fine and/or 30 days in jail, with each day of continued noncompliance charged as a separate offense.

Sources & Official References

Other rules in Berkeley County

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