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

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

Key Facts

Governing section
Zoning Ordinance Sec. 22.13
Permit required from
SCDOT or Lexington County Public Works
Default driveway limit
One per road frontage per parcel
200+ unit developments
Two street access points required
Amended
Ord. No. 23-17, June 25, 2024

Summary

A new driveway onto a public road in unincorporated Lexington County needs an approved encroachment permit before installation. Zoning Ordinance Sec. 22.13 requires that approval from either the South Carolina Department of Transportation or Lexington County Public Works, depending on who maintains the road being accessed.

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.

Driveway installation requires a favorable approval of an encroachment permit application to the South Carolina Department of Transportation or Lexington County Public Works, depending on which agency has maintenance responsibility for the road being accessed.

Full Breakdown

Sec. 13, Driveway Location, rewritten as part of Ord. No. 23-17 on June 25, 2024, generally limits development parcels to one driveway per road frontage and requires driveways and access points to also comply with the Lexington County Subdivision Ordinance and Land Development Manual. Item b of that section makes driveway installation conditional on a favorable encroachment permit application to whichever agency maintains the accessed road: the South Carolina Department of Transportation for state-maintained roads, or Lexington County Public Works for county-maintained roads. For developments expected to generate high average daily traffic, item c lets the reviewing agency require a more detailed access plan addressing improvements such as deceleration or acceleration lanes, traffic control devices, and turn lanes; a developer can commission a traffic impact study meeting Institute of Transportation Engineers criteria and prepared by a qualified engineer to support that access plan, and must document that any required improvements are installed and approved before the new or expanding land use begins.

Item d allows additional driveways beyond the one-per-frontage default if the Lexington County Department of Emergency Services or another public safety agency recommends extra access points for emergency ingress and egress. Residential developments of 200 or more dwelling units must provide two street access points, with a restricted right-in/right-out access considered where a full secondary access is not feasible under SCDOT or County Public Works standards. Continuous access along a road frontage, rather than through defined driveways, is not permitted.

Violations & Fines

Constructing a driveway or road encroachment without the required SCDOT or Lexington County Public Works encroachment permit violates Sec. 22.13 of the Zoning Ordinance. Sec. 174.10 makes any Zoning Ordinance violation a misdemeanor punishable by a fine up to the magistrate's court maximum, with each day the unpermitted encroachment continues counted as a separate offense; the county can also withhold related permits or approvals under Sec. 174.00.

Frequently Asked Questions

Do I need a permit to build a new driveway in Lexington County?
Yes. Sec. 22.13 requires a favorable encroachment permit application to either the South Carolina Department of Transportation or Lexington County Public Works, depending on which agency maintains the road you are accessing, before the driveway can be installed.
How many driveways can one property have?
Generally one driveway per road frontage per development parcel. Additional driveways may be allowed only if the Lexington County Department of Emergency Services or another public safety agency recommends extra access points for emergency ingress and egress under item d of Sec. 22.13.
Which agency issues the encroachment permit, the state or the county?
It depends on who maintains the road being accessed. SCDOT issues the permit for state-maintained roads, while Lexington County Public Works issues it for county-maintained roads, per Sec. 22.13.

Sources & Official References

Other rules in Lexington County

All Lexington County rules

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