Charleston County, SC Sidewalk & Pedestrian Rules: Encroachment Permits (2026)
Key Facts
- Governing section
- Code § 9-33 (public works official duty)
- SFR encroachment fee
- $35.00
- Utility encroachment fee
- $100.00
- Subdivision encroachment fee
- $250.00 per permit
- Industrial/commercial fee
- $500.00 per permit
- Penalty
- Up to $500 fine/30 days, § 9-71
- Affordable housing discount
- 50% off, ZLDR § 6.4.19
Summary
Charleston County requires an encroachment permit before anyone builds in, digs into, or otherwise occupies the public right-of-way or a drainage easement in the unincorporated area. Code Section 9-33 puts the public works official in charge of approval, and the county's fee schedule (Section 2-137) charges from $35.00 for a single-family encroachment up to $500.00 for an industrial or commercial one.
Duties and responsibilities of the public works official shall include, but not be limited to: requiring stormwater permit approval in conformance with the provisions of the county stormwater management program, and the county stormwater program permitting standards and procedures manual prior to the commencement of any land disturbance or development activities and requiring encroachment permit approval in conformance with the encroachment permit procedure prior to impacting public right-of-way or easement. The stormwater approval should provide a full description of the proposed construction.
(1)To coordinate, implement, maintain, and manage the county's drainage systems.(2)To deny an applicant connection to county stormwater systems or facilities if county requirements are not met. (Ord. No. 2124, 10-6-20; Ord. No. 2229, 9-20-22; Ord. No. 2230, 9-20-22; Ord. No. 2245, 2-21-23; Ord. No. 2306, 8-13-24)
Secs. 9-34—9-39. - Reserved.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 21).
Full Breakdown
Charleston County Code Section 9-33 puts the public works official in charge of approving encroachment permits before anyone impacts the public right-of-way or a recorded easement in unincorporated Charleston County. The section requires "encroachment permit approval in conformance with the encroachment permit procedure prior to impacting public right-of-way or easement," and pairs that with a stormwater permit approval requirement for the same land-disturbing activity, both signed off before construction starts. Section 9-33 was last amended by Ordinance No. 2306 on August 13, 2024, as part of the county's ongoing updates to Chapter 9, Flood Damage Prevention and Protection.
00 abandonment fee. 19. 00. Because Section 9-33 sits in Chapter 9, a violation of the encroachment-permit duty is enforced under that chapter's own penalty section rather than the county's general nuisance code.
Violations & Fines
Working in the county right-of-way or an easement without the public works official's encroachment permit violates Chapter 9. Charleston County Code Section 9-71 makes it a misdemeanor punishable by a fine of up to $500.00, up to 30 days in jail, or both, plus court costs, and each day the unpermitted encroachment continues counts as a separate offense. The county can also seek a civil injunction against the responsible owner instead of, or in addition to, criminal prosecution.
Frequently Asked Questions
Do I need a permit to put a driveway or utility line in the county right-of-way?
How much does an encroachment permit cost in Charleston County?
What happens if I encroach on the right-of-way without a permit?
Does the affordable housing discount apply to encroachment fees?
Sources & Official References
Other rules in Charleston County
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