Lexington County, SC Right to Farm: Agricultural Zoning Protection (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.
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.
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?
Do I need a county permit to build a barn on farmland?
Is a farm's retail stand or packaging shed covered by the same exemption?
Sources & Official References
Other rules in Lexington County
Compare Lexington County to another location·View the South Carolina right to farm overview
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