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Aiken 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
Aiken County Code § 19.5-21
Permit required from
County building official
Plan approved by
Conservation district & planning commission
Exempt
Single-family lots, farms, pre-1974 subdivisions
Penalty
Misdemeanor, fine/jail per magistrate's court
Original adoption
Ord. No. 74-10-37, Oct. 22, 1974

Summary

Aiken County requires a grading permit and an approved erosion and sediment control plan before land can be disturbed. Chapter 19.5, dating to 1974, bars grading without conservation-district and planning-commission plan approval, exempts single-family lots and farms, and makes unpermitted grading a misdemeanor enforced by the county building official.

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

Unless otherwise provided in this chapter, the surface of land in the county shall not be disturbed or changed for any purposes whatsoever, but not including those exemptions outlined in section 19.5-22, except in accordance with a plan for control of erosion and sedimentation approved by the conservation district and the planning commission and a grading permit issued by the county building official to the applicant and/or contractor.

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 119).

Full Breakdown

5-21 sets the core rule: unless otherwise provided in the chapter, the surface of land in the county cannot be disturbed or changed for any purpose except in accordance with an erosion and sedimentation control plan approved by the soil and water conservation district and the county planning commission, and a grading permit issued by the county building official to the applicant or contractor. 5-22 carves out exemptions for agricultural land management and farm buildings, single-family residences and their accessory buildings outside an approved subdivision plan, subdivisions recorded before October 22, 1974, federal and state land, incorporated municipalities, permanent commercial mining, and land-disturbing activity of five acres or more already regulated by the South Carolina Land Resources Conservation Commission under the state Stormwater Management and Sediment Reduction Act.

5-23, and both the applicant and the soil and water conservation district must sign certification statements confirming the work will follow the approved plan. 5-67 lets the official order conformance or suspend other work on a noncompliant site.

Violations & Fines

Section 19.5-68 makes it a misdemeanor to conduct a grading operation without the permit required by Section 19.5-21, or to willfully violate an approved grading plan, punishable by a fine or imprisonment up to the jurisdiction of the magistrate's court, with each day of continuing violation a separate offense. The conservation district or county governing body may also seek injunctive relief, and anyone damaged by a violation can pursue a civil action for the resulting harm.

Frequently Asked Questions

Do I need a permit to grade land in Aiken County?
Yes, unless an exemption applies. Section 19.5-21 requires an approved erosion and sediment control plan and a grading permit from the county building official before the surface of any land in the county can be disturbed or changed for construction or development.
Is building a single-family home exempt from Aiken County's sediment control rules?
Generally yes. Section 19.5-22 exempts single-family residences and their accessory buildings that are not part of a residential subdivision with its own approved sediment control plan, letting an individual lot owner make land improvements without a separate erosion plan or grading permit.
What happens if I grade land without a permit in Aiken County?
Section 19.5-68 makes unpermitted grading, or willfully violating an approved grading plan, a misdemeanor punishable by a fine or imprisonment up to the magistrate's court's jurisdiction, with each additional day of violation treated as a separate offense.

Sources & Official References

Other rules in Aiken County

All Aiken County rules

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