Horry County, SC Sidewalk & Pedestrian Rules: Encroachment Permits (2026)
Key Facts
- Prohibition
- Encroachment on public accessway barred, § 16-17
- Permit trigger
- Any new structure in ROW or easement
- Staff-level permits
- Drainage, driveways, utilities, semipermanent
- Council approval needed
- Permanent above-ground structures
- Road closure threshold
- 2+ weeks needs council authorization
- Permanent items
- Require a county lease, not just a permit
Summary
Horry County bans encroachment on public accessways, easements and rights-of-way without a permit. Anything from a fence to a driveway connection placed in county right-of-way, including sidewalk areas, needs an encroachment permit before it goes in, and permanent structures need county council authorization.
(a)A notice of encroachment will be issued for all existing obstructions in the accessway.(b)An encroachment permit must be secured from the county before any new obstruction or structure (permanent or semipermanent) is placed within the public access or within a county easement or right-of-way. Permits for drainage structures, driveways, road connections or extensions, road improvements, utilities and semipermanent encroachments will be authorized by the county administrator and issued by the staff. Permits for permanent above-ground structures or obstructions and for road closures of two (2) weeks or longer shall require authorization of the county council before being issued by the staff.(c)Applications for permits must be submitted to the county's designated permit administrator for review and processing.(d)The county administrator will designate a person to serve as permit administrator.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 88).
Full Breakdown
Horry County Code § 16-17 flatly prohibits encroachment on any public accessway in the county. Section 16-19 sets the permitting mechanism: a notice of encroachment issues for existing obstructions already in an accessway, and anyone placing a new obstruction or structure, permanent or semipermanent, within a public access, county easement or right-of-way must first secure an encroachment permit from the county. Routine categories, drainage structures, driveways, road connections or extensions, road improvements, utilities and semipermanent items, are authorized by the county administrator and issued at the staff level.
Permanent above-ground structures and road closures of two weeks or longer require Horry County Council authorization before staff can issue the permit. Applications go to the county's designated permit administrator, a role the county administrator assigns, for review and processing. Section 16-18 backs the permit requirement with graduated enforcement: encroachments that can be moved easily are removed as soon as possible; semipermanent items such as trees, shrubs, landscaping and walls without foundations may stay if they don't interfere with public use of the access, but the county can order them removed if access needs change; anything meant to stay permanently must have a county lease, not just a permit.
This structure means a homeowner or contractor cannot assume a sidewalk-adjacent improvement, a retaining feature, a mailbox post, or landscaping bed pushed into the right-of-way is fine simply because a neighbor has one; the permit and, for permanent items, the lease or council sign-off, come first.
Violations & Fines
Unpermitted encroachments that are easily movable are removed by the county as soon as staff identify them, with no advance permit process to fall back on. Semipermanent items left in place are subject to a later removal order if public access needs change, and permanent items placed without securing a county lease are subject to removal since the code treats an unleased permanent structure as unauthorized. Damage exceeding fifty percent of an encroachment's replacement cost, or a change of property ownership, also triggers removal under the same article unless a new permit is obtained.
Frequently Asked Questions
Do I need a permit to put a mailbox post or small planting bed in the road right-of-way in unincorporated Horry County?
Who issues encroachment permits in Horry County?
What happens if I build something in the right-of-way without a permit?
Can I close a road for construction near my property?
Sources & Official References
Other rules in Horry County
Compare Horry County to another location·View the South Carolina sidewalk & pedestrian rules overview
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