Berkeley County, SC Environmental Rules: Stormwater Management (2026)
Key Facts
- Governing NPDES permit
- SCR030000 (small MS4)
- Administering officer
- Berkeley County Engineer
- Max civil fine
- $1,000 per violation, per day
- Applies to
- Unincorporated "regulated area"
- First enforcement step
- Written Notice of Violation
- Adopted
- Ord. No. 14-11-36, Nov. 24, 2014
Summary
Berkeley County's Stormwater Management Ordinance, sections 65-981 through 65-1052, controls drainage, erosion and pollutant discharge from construction and developed land across the unincorporated "regulated area." It exists because the county must hold an NPDES small-MS4 permit, and it puts the county engineer in charge of site review, inspections, illicit-discharge enforcement, and fines up to $1,000 a day.
Berkeley County is required by federal law [33 U.S.C 1342(p) and 40 CFR 122.26] and by State law [S. C. Code Reg. 61-9 122.32 & 122.33] to obtain a National Pollutant Discharge Elimination System (NPDES) permit from the South Carolina Department of Health and Environmental Control ("SCDHEC") for stormwater discharges from Berkeley County's stormwater systems. The NPDES General Permit for Storm Water Discharges from Regulated Small Separate Storm Sewer Systems (SMS4), SCR030000, requires that Berkeley County develop, implement, and enforce a stormwater management program (SWMP) in its regulated area designed to reduce the discharge of pollutants...to the maximum extent practicable (MEP)...
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
C. Code Reg. " Section 65-985 lists roughly twenty specific powers the ordinance grants the county to meet that mandate, including authority to prohibit illicit connections, require construction and post-construction control measures on new development and redevelopment, inspect sites, and pursue pollutant-load reductions in impaired waterbodies. Under section 65-986, the article applies only to "those portions of unincorporated Berkeley County defined as the 'regulated area'" plus any incorporated areas that opt in with county council approval, and the Berkeley County Engineer or a designee handles day-to-day administration and SWMP consistency review.
Division 4, section 65-1031, makes it "unlawful for any person to connect any pipe, open channel, or any other conveyance system that discharges anything except stormwater" into the county's system or waters of the state, with narrow carve-outs for things like uncontaminated groundwater infiltration and firefighting flows. Section 65-1042 lets the county engineer enter and inspect regulated property at reasonable times with notice, or immediately without notice where a discharge threatens health or the environment. Enforcement under section 65-1051 runs through a written Notice of Violation before the county suspends work, revokes approvals, withholds a certificate of occupancy, or refers a case to the county attorney for injunctive relief.
Violations & Fines
Stormwater violations are civil, not criminal: section 65-1052 sets a fine of "not more than $1,000.00 for each violation," and "each separate day of violation constitutes a new and separate violation," delivered by uniform summons. The county engineer can also withhold or revoke permits and a certificate of occupancy, or seek injunctive relief through the county attorney under section 65-1051 until the site complies.
Frequently Asked Questions
What does Berkeley County's stormwater ordinance regulate?
Who enforces stormwater rules outside Berkeley County's cities?
What is the penalty for an illicit discharge into the county's storm drains?
Sources & Official References
Other rules in Berkeley County
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