Berkeley County, SC Homelessness & Encampment Rules: Encampment Sanitation (2026)
Key Facts
- Public property
- Camping banned everywhere (§ 38-142)
- Private property
- Camping/squatting also banned (§ 38-143)
- Exception
- Own land or written owner consent
- Exception
- County-approved campgrounds/trailer parks
- Penalty
- Up to $500 fine, 30 days jail
- Adopted
- Ordinance No. 25-04-17 (4-28-2025)
Summary
Berkeley County bans camping on any public property it owns or maintains, from streets and parking lots to parks and creek beds, unless the county specifically permits it within a park. A near-identical ban covers private property, with an exception for the landowner or written consent. Violations are misdemeanors under §§ 38-140 through 38-144.
Except as may be permitted within parks by Berkeley County, it is unlawful to camp upon any public property owned or maintained by Berkeley County, South Carolina including without limitation, streets, easements, parks, dump sites, creek beds, parking lots, or corporation yards. No person shall set up tents, shacks, house trailers, motor homes, campers, or any other temporary or permanent shelter for the purpose of overnight camping, nor shall any person leave in any such place any movable structure or special vehicle to be used or that could be used for such aforementioned purpose, to include, but not limited to, a house trailer, tent, automobile, or the like.
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
Article VII of chapter 38, adopted by Ordinance No. 25-04-17 on April 28, 2025, defines 'camping' broadly in § 38-141 as residing on or using public or private property for one or more nights for living-accommodation purposes, covering sleeping, laying down bedding, storing personal belongings such as sleeping bags or backpacks, lighting a fire, pitching a tent, regularly cooking meals, or living in a parked vehicle. Section 38-142 makes it unlawful to camp on any public property Berkeley County owns or maintains, listing streets, easements, parks, dump sites, creek beds, parking lots, and corporation yards, and separately bars leaving behind a tent, shack, house trailer, motor home, camper, or other shelter, or vehicle, that could be used for overnight camping, except where the county itself permits camping within a park.
Section 38-143 extends a parallel ban to private property, making it unlawful to camp or squat there, with two exceptions: camping on one's own land, with the landowner, or with the landowner's written consent carried and shown on demand to a peace officer, sheriff's deputy, or code enforcement officer, provided the camping still meets all zoning ordinances and state law; and lawful camping in a campground or trailer park specifically approved for that use under the county's zoning ordinance. The stated purpose in § 38-140 is to protect the health and safety of campers and the public, and to prevent the degradation of public and private land used outside its intended purpose.
Violations & Fines
A violation of Article VII is a misdemeanor under § 38-144: conviction carries a fine of up to $500.00 and imprisonment of up to 30 days, and court costs are charged on top of, not included in, that fine. Berkeley County Sheriff's Office deputies and code enforcement officers issue the citations.
Frequently Asked Questions
Is it illegal to sleep in a tent on Berkeley County public land?
Can someone camp on private land in the county?
What's the penalty for illegal camping in Berkeley County?
Sources & Official References
Other rules in Berkeley County
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