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Berkeley County, SC Homelessness & Encampment Rules: Encampment Sanitation (2026)

Heavy Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 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.

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.

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.

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

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?
Yes. County Code § 38-142 bans camping on any public property the county owns or maintains, including streets, parks, parking lots, dump sites, and creek beds, unless Berkeley County specifically permits camping within a park. Leaving behind a tent, camper, or vehicle set up for overnight use also violates the section.
Can someone camp on private land in the county?
Only with permission. Section 38-143 bans camping or squatting on private property generally, but exempts the landowner, anyone camping with the landowner, or anyone with the landowner's written consent in hand, as long as zoning and state law are otherwise met, plus approved campgrounds or trailer parks.
What's the penalty for illegal camping in Berkeley County?
Section 38-144 makes a violation a misdemeanor punishable by a fine of up to $500.00 and up to 30 days in jail, with court costs charged separately from the fine itself.

Sources & Official References

Other rules in Berkeley County

All Berkeley County rules

Compare Berkeley County to another location·View the South Carolina homelessness & encampment rules overview

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