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Aiken County, SC Right to Farm: Agricultural Zoning Protection (2026)

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

Key Facts

Minimum AP lot size
2 acres (Table 2, note Q)
Commercial employee cap in AP
12 employees max (Table 1, note i)
Livestock parcel minimum
3 acres required (Table 1, note j)
General violation penalty
Up to $200 fine or 30 days jail
Governing provision
Aiken County Code Section 24-2.2(1)

Summary

Aiken County shields working farms from urban encroachment through its Agricultural Preservation (AP) zoning district, created under County Code Section 24-2.2(1) to protect agricultural and forested land while safeguarding rural landowners' right to run entrepreneurial businesses. AP parcels carry a two-acre minimum lot size, a twelve-employee cap on commercial uses, and by-right approval for crop and livestock farming.

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.

(1)AP, Agricultural Preservation District: The intent of this district is to conserve, sustain, and protect from premature urban encroachment rural areas and resources, particularly agricultural and forested lands; and maintain a balanced rural-urban environment without interfering with the entrepreneurial abilities and endeavors of local residents. ... Even more essential from an economic perspective are the agricultural lands and farming operations in this area, as well as the right of rural property owners to conduct owner based entrepreneurial businesses.

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

Section 24-2.2(1) of the Aiken County Code establishes the Agricultural Preservation (AP) District specifically "to conserve, sustain, and protect from premature urban encroachment rural areas and resources, particularly agricultural and forested lands," while maintaining "a balanced rural-urban environment without interfering with the entrepreneurial abilities and endeavors of local residents." The ordinance states that farmland and farming operations are "even more essential from an economic perspective" than the district's environmental role, and expressly protects "the right of rural property owners to conduct owner based entrepreneurial businesses."

Table 1 of the zoning ordinance backs that intent with by-right permissions: crop production (NAICS 111) and livestock operations (NAICS 112111) are both marked "P," permitted by right, in the AP District, though livestock use requires a parcel of at least three acres under Table 1 note (j). Hog and pig farming (NAICS 1122) is likewise permitted by right on AP land. To keep commercial activity from overwhelming the district's rural character, Table 1 note (i) caps any commercial business permitted in AP at "no more than twelve (12) employees, including fulltime and part-time employees, contract workers, and family member/residents of the property."

Lot standards reinforce the low-density intent: Table 2 sets a two-acre minimum lot size in AP under note (Q), and limits small subdivisions carved from AP land to ten or fewer lots, which cannot later be expanded without rezoning to a higher-density district. Manufacturing uses permitted in AP must sit at least 100 feet from any property line under Table 2 note (P).

Violations & Fines

Using AP land for a commercial operation beyond the twelve-employee cap, or exceeding permitted uses, is a zoning violation. Aiken County Code Section 1-8 sets the general penalty for code violations not otherwise specified at a fine up to $200.00 or imprisonment up to thirty days, with each day of continued violation charged as a separate offense. The Planning and Development Department investigates complaints, and the Board of Appeals hears variance and enforcement appeals.

Frequently Asked Questions

Does Aiken County have a right-to-farm law?
Aiken County's zoning code protects agriculture through its Agricultural Preservation (AP) District rather than a standalone nuisance-immunity statute. Section 24-2.2(1) states the district exists to protect farmland "from premature urban encroachment" and preserves "the right of rural property owners to conduct owner based entrepreneurial businesses," giving farming operations zoning-level protection against incompatible development in unincorporated Aiken County.
What is the minimum lot size in the AP District?
Table 2 of the zoning ordinance sets a two-acre minimum lot size for AP-zoned property under note (Q). Small subdivisions carved from AP land are capped at ten or fewer lots, and once platted those subdivisions cannot be enlarged unless the property is rezoned to a higher-density residential district consistent with the county's comprehensive plan.
Can I run a business on AP-zoned farmland?
Yes, but Table 1 note (i) caps any commercial business permitted in the AP District at twelve employees total, counting full-time, part-time, contract workers, and family members living on the property. The limit keeps commercial activity small scale and consistent with the district's rural, agricultural character.
What farming uses are automatically allowed in AP zoning?
Crop production and livestock operations are both permitted by right in the AP District under Table 1, with no conditional-use permit required. Livestock keeping requires a parcel of at least three acres per Table 1 note (j), and hog and pig farming is also permitted by right on AP-zoned land.

Sources & Official References

Other rules in Aiken County

All Aiken County rules

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