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Cherokee County, SC Environmental Rules: Stormwater Management (2026)

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

Key Facts

Flood safety
Building sites must be safe from flood or other inundation
Compliance route
Approved state stormwater plan or permit satisfies § 13-83
Road ditch design storm
50 year frequency peak flow
Maximum swale depth
3 feet
Warranty
One year on storm drainage system after acceptance
Appeals
30 days, to the Citizens Planning Commission

Summary

In unincorporated Cherokee County, South Carolina, no land development plan or subdivision plat is approved unless the building sites can be used safely without danger from a flood or other inundation. Section 13-83 treats a project as compliant when it holds an approved state stormwater management and sediment control plan or permit, and submitting a copy of that permit or plan qualifies.

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.

(a)In accordance with S.C. Code 1976, § 6-29-1130.A, no land development plan, including subdivision plats, shall be approved unless all land intended for use as building sites can be used safely for building purposes without danger from a flood or other inundation.(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.

Full Breakdown

Stormwater in unincorporated Cherokee County is handled through Chapter 13, the land development regulations, which apply to all land development projects in the unincorporated areas (§ 13-2). Section 13-83, titled Drainage and storm water, has two parts.

Subsection (a) is the flood safety rule. Citing S.C. Code § 6-29-1130.A, it bars approval of any land development plan, including subdivision plats, unless all land intended for use as building sites can be used safely for building purposes without danger from a flood or other inundation.

Subsection (b) is the state permit route. The requirements are deemed met for any land development project with 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 state code and the agency's regulation section 72-305. For a project that requires a state stormwater management permit, submitting a copy of the permit qualifies as compliance. For a project that requires only a stormwater management plan to be submitted to the state agency, submitting a copy of that plan qualifies.

Road drainage has its own design standards in § 13-82(e). All roadway ditches and channels must be designed to contain, at minimum, a peak flow from a fifty (50) year frequency storm, and the velocity from that storm cannot exceed the permissible velocity for the lining used. Swales are stabilized against erosion by grassing for year-round growth, installed at a maximum depth of three (3) feet, and designed so adjoining property owners can mow them. The developer maintains slopes and seeds them to prevent soil erosion until the county adopts the right-of-way, and § 13-82(5) requires a one-year warranty on the storm drainage system and outfall channels after acceptance, backed by a construction defects bond.

Violations & Fines

Under § 13-162 any violation of Chapter 13 is a misdemeanor punished in the discretion of the court, subdivisions or land development projects that are not properly approved cannot be filed or recorded, and building permits are not issued until the plan or plat bears the administrator's stamp of approval. Appeals of decisions under § 13-83 go to the Cherokee County Citizens Planning Commission and must be filed within thirty (30) days from notice (§ 13-163).

Frequently Asked Questions

Do I need a stormwater plan to develop land in unincorporated Cherokee County, SC?
Section 13-83(b) treats the requirements as met when the project has an approved stormwater management and sediment control plan from the South Carolina Department of Health and Environmental Control. For a project needing a state stormwater management permit, submitting a copy of the permit qualifies. Where only a plan goes to the state, a copy of that plan qualifies.
What flood standard applies to building sites?
Section 13-83(a) bars approval of any land development plan, including subdivision plats, unless all land intended for use as building sites can be used safely for building purposes without danger from a flood or other inundation. The subsection cites S.C. Code § 6-29-1130.A as its basis.
How are road ditches sized in new subdivisions?
Under § 13-82(e), roadway ditches and channels must be designed to contain at minimum a peak flow from a fifty (50) year frequency storm, and the velocity from that storm cannot exceed the permissible velocity for the lining used. Swales are grassed, installed at a maximum depth of three (3) feet, and designed so adjoining owners can mow them.
Who fixes drainage defects after a subdivision road is accepted?
Under § 13-82(5), the subdivider agrees to repair, at his or her own expense, defects in material and workmanship in the roadways or drainage system for one (1) year from acceptance by the county. The warranty covers the storm drainage system and outfall channels, and the developer also posts a construction defects bond for that year.

Sources & Official References

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