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Dorchester County, SC Sidewalk & Pedestrian Rules: Encroachment Permits (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

Permit required for
construction over/under/across public ROW
Driveways
excluded, separate permit (Art. III/IV)
Grantee liable for
1 year of post-issuance maintenance
Failure to obtain permit
misdemeanor (Sec. 38-28)
Serious violation remedy
sheriff-enforced stop-work order
Adopted
Ord. No. 84-18, 9-4-1984

Summary

Building anything over, under or across a Dorchester County-controlled street or right-of-way, other than a driveway entrance, requires an encroachment permit under Code Sec. 38-21. The grantee must certify the purpose, give written assurance of compliance with safety laws, notify public works before work begins, indemnify the county, and cover restoration and one year of maintenance costs.

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

Encroachment permits for construction over, under and across public streets and property controlled by the county shall be granted only for a public purpose, convenience, necessity, or to facilitate the provision of water, sewer, electricity, transportation or other utility; provided, however, that the construction of driveway entrances to streets and highways shall not be subject to the requirements of this article, but shall instead be subject to the standards and procedures contained in articles III and IV of this chapter. ... Any person convicted for failure to secure an encroachment permit prior to construction over, under or across public streets and property controlled by the county shall be deemed guilty of a misdemeanor.

Full Breakdown

Sec. 38-21 limits encroachment permits to a public purpose, convenience, necessity, or a water, sewer, electricity, transportation or other utility installation; driveway entrances are carved out and handled instead under the chapter's driveway-permit articles. Before a permit issues, Sec. 38-22 requires the grantee to certify the purpose of the easement, the area affected, and whether similar service is already available from another utility, and Sec. 38-23 requires written assurance that the grantee will comply with all applicable local, state and federal safety laws and will assume liability for any injury arising from use of the easement.

Sec. 38-24 requires notice to the public works department before any construction, installation or repair begins, and Sec. 38-25 makes the grantee indemnify the county against third-party claims from traffic interruptions the work causes. Sec. 38-26 puts the cost of flagging, warning devices, inspection, restoration and one year of post-issuance maintenance on the grantee, and Sec. 38-27 limits use to what the permit specifies, barring any use that impedes normal street, drainage or drainageway operation. Sec. 38-31 lets the public works director issue a conditional permit for sewer or water lines that are not yet operable pending the state health department's hookup approval.

If a violation occurs, Sec. 38-29 gives the public works director several remedies: suspending the permit, requiring a bond, refusing new permits to the same grantee, issuing a sheriff-enforced stop-work order for serious violations, or requiring restitution, and Sec. 38-30 bars a certificate of occupancy for any structure tied to an ongoing violation.

Violations & Fines

Building over, under or across a county street or controlled property without first securing an encroachment permit is a misdemeanor under Sec. 38-28. For an existing permit violation, Sec. 38-29 lets the public works director suspend the permit, require a bond, refuse future permits to the same grantee, or issue a stop-work order enforced by the county sheriff, and Sec. 38-30 blocks a certificate of occupancy until the violation is corrected.

Frequently Asked Questions

Do I need an encroachment permit to build a driveway onto a county road?
No. Sec. 38-21 expressly carves out driveway entrances to streets and highways from the encroachment permit article and routes them instead to the driveway-permit standards in articles III and IV of the same chapter. An encroachment permit under article II is for construction over, under or across a county street or controlled property for a public purpose or a utility installation, not for a residential driveway connection.
How long am I responsible for the area after my encroachment permit is issued?
You remain on the hook for a full year after the permit issues. Sec. 38-26 puts the cost of flagging protection, warning devices, inspection services, restoring the affected area to its original condition, and maintaining that area for one year after the encroachment permit issues squarely on the grantee, not the county, regardless of who ends up using the easement.
What happens if I build in the right-of-way without a permit?
Building without one is a misdemeanor under Sec. 38-28. Beyond that, Sec. 38-29 lets the public works director suspend an existing permit, require a bond, refuse to issue you future permits, or, for serious violations, issue a stop-work order enforced by the county sheriff, and Sec. 38-30 bars a certificate of occupancy for any structure tied to the ongoing violation.

Sources & Official References

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