Darlington County, SC Right to Farm: Agricultural Zoning Protection (2026)
Key Facts
- Swine-to-swine separation
- 5 miles minimum between operations
- Residential setback
- One-half mile minimum
- School setback
- Two miles minimum
- Lagoon setback
- 1,500 feet from property line, water, roads
- Insurance requirement
- $1,000,000.00 per occurrence liability coverage
- Reviewing body
- County planning staff
Summary
Because Darlington County has no conventional agricultural zoning district, Code § 3-53 functions as the county's siting standard: it sets a five-mile minimum separation between commercial or confined swine operations, and separation distances of one-half mile to two miles between a swine facility and nearby residences, schools, parks, industrial uses, municipal limits and water sources.
Sec. 3-53. - Commercial/confined swine operations. Such uses shall meet the following requirements:
(1)The minimum separation distance between swine operations shall be five miles including swine facilities located in adjacent counties to Darlington County.(2)Except for the owner's residence and/or facilities used as part of the operation, including housing for farm labor, the minimum separation requirement between swine facilities and the following uses shall be as follows:
Uses Separation Requirements Residential Use One half mile Religious Institutions One mile Public or Private Schools and Education Facilities Two miles Public Parks and Recreational Facilities One mile Commercial and Industrial Uses One mile Incorporated Municipal Limits within County Two miles County Industrial Parks Two (2) miles Public Waters Sources and Surface Water Intakes One mile
Full Breakdown
Unincorporated Darlington County regulates where large-scale livestock operations may locate instead of zoning agricultural land by district. Code § 3-53 requires commercial or confined swine operations to sit at least five miles from any other swine operation, including facilities across the county line, and lists separation distances from other uses in a table: one-half mile from a residence, one mile from a religious institution, two miles from a public or private school, one mile from a public park, one mile from commercial or industrial uses, two miles from an incorporated municipality's limits, two miles from a county industrial park, and one mile from a public water source or surface water intake.
Waste lagoons tied to a swine operation must sit at least 1,500 feet, measured in a straight line, from the property line, from any water supply, stream or watercourse, and from the centerline of any public road. An applicant must submit proof of liability insurance of $1,000,000.00 per occurrence covering cleanup from an accident or natural disaster that causes waste to seep or overflow, filed with planning staff at the time of application. Section 3-54 layers on additional requirements for all of the uses covered by this article: permittees must maintain all-weather access roads under SCDHEC Regulation R.61-43, any new production unit needing an address must have public road frontage or a recorded easement with at least 20 feet of travel surface, and applicants must submit an approved agricultural facility plan, proof of state and federal permits, and a stormwater permit from SCDHEC or the county, whichever holds jurisdiction.
Violations & Fines
Chapter 3 conditions approval on meeting these siting rules rather than stating a stand-alone fine: an application that cannot show the five-mile and use-specific separation distances, the 1,500-foot lagoon setbacks, and the $1,000,000.00 liability insurance proof will not clear planning staff review, and operating without the SCDHEC and county stormwater permits required under § 3-54 leaves an operator without the permits the ordinance requires before construction.
Frequently Asked Questions
Does Darlington County zone land for agricultural use?
How far must a swine operation be from my house?
What must a swine operation submit before it can build a waste lagoon?
Sources & Official References
Other rules in Darlington County
Compare Darlington County to another location·View the South Carolina right to farm overview
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