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

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

Key Facts

Governing section
Zoning Ordinance § 21.10, Ord. No. 23-17 (6-25-2024)
State oversight
Poultry and swine farms regulated exclusively by SCDHEC
County review
Only farm structures reviewed for zoning permits
Permit term
Zoning permits valid two years, five 1-year extensions
Support uses
Farm offices, retail, packaging follow normal zoning rules

Summary

Lexington County's zoning ordinance classifies farming as an Agricultural Operations land use, but hands off regulation of the operations themselves to the state. Under Zoning Ordinance § 21.10, agricultural animal operations like poultry and swine farms answer only to SCDHEC and state law; county zoning review is limited to the structures a farm builds.

These county ordinances apply to unincorporated areas of Lexington County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

Agricultural Operations include the keeping, grazing, or feeding of animals for animal products and/or animal increase or value increase; the raising of trees, vines, field, forage, or other plant crops intended to provide food or fiber; and/or the cultivation, for sale, of horticultural specialties such as flowers, shrubs, trees, turf, and/or bushes intended for ornamental or landscaping purposes. Notwithstanding any other provisions of this Ordinance, agricultural animal operations (ex. poultry and swine farms) are governed exclusively by state law and regulations of the Department of Health and Environmental Control (SCDHEC). Only structures shall be reviewed for the permitting of this activity. Office, retail, packaging, shipping, and other support activities affiliated with an agricultural operation must meet applicable requirements of the appropriate land use as defined within this Section of the Ordinance.

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 20).

Full Breakdown

Section 21.10 of the Lexington County Zoning Ordinance, rewritten in its entirety by Ord. No. 23-17 on June 25, 2024, defines Agricultural Operations to include keeping, grazing, or feeding animals for animal products or increase in value; raising trees, vines, field, forage, or other plant crops for food or fiber; and cultivating horticultural specialties such as flowers, shrubs, turf, and ornamental plants for sale. That single definition covers everything from row crops to poultry houses across the county's zoning districts, including the RA (Recreational/Agricultural) district established under § 11.41.

The ordinance then carves agricultural animal operations out of local land-use control: poultry and swine farms are governed exclusively by state law and SCDHEC regulations. The Zoning Administrator's office reviews only the structures built to support the operation, not the farming activity, feeding schedules, animal counts, or odor and waste management, all of which fall to SCDHEC's state permitting program instead. Support functions built around a farm, office space, retail sales, packaging, or shipping, are not swept into this carve-out; § 21.10 requires those ancillary uses to meet the zoning requirements of whatever land use category they fall under, the same as any other business.

A zoning permit is still required before any qualifying farm structure is built, per § 171.10, and the permit is valid for two years with up to five one-year extensions. There is no acreage minimum or maximum tied to the Agricultural Operations classification itself.

Violations & Fines

Building or expanding farm structures without the required § 171.10 zoning permit exposes the property to the county's general penalty under Ord. No. 98-1, § 2: prosecution in Magistrate's Court, with each day of noncompliance a separate offense, plus permit revocation. Because the farming activity itself is exempt from local review, enforcement disputes over agricultural animal operations run through SCDHEC's state permitting process, not the Zoning Administrator.

Frequently Asked Questions

Does Lexington County regulate poultry or swine farms?
No. Under Zoning Ordinance § 21.10, agricultural animal operations such as poultry and swine farms are governed exclusively by state law and SCDHEC regulations. The county's Zoning Administrator only reviews the structures a farm builds, such as barns or coops, for a zoning permit; it does not regulate herd size, feeding, waste handling, or odor, which SCDHEC's state permitting program covers instead.
Do I need a county permit to build a barn on farmland?
Yes. Section 171.10 requires a valid zoning permit before any building, structure, or land use is constructed or developed in the zoned area of the county, including farm structures. The permit is effective for two years and can be extended up to five times in one-year increments if the underlying approval stays in compliance.
Is a farm's retail stand or packaging shed covered by the same exemption?
No. Section 21.10 states that office, retail, packaging, shipping, and other support activities affiliated with an agricultural operation must meet the applicable zoning requirements of whatever land use category they fall under, the same as any other business use, unlike the animal operation itself.

Sources & Official References

Other rules in Lexington County

All Lexington County rules

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