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

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

Key Facts

Application fee
$100 nonrefundable, paid with the application
Permit authority
County administrator or designee, § 2-404
Permanent encroachments
Require a county lease, not just a permit
Revocation notice
5 days' written notice before permit revoked
Penalty range
$5 to $500 per offense, § 2-405
Governing ordinance
Ord. No. 2007-35, adopted June 12, 2007

Summary

In unincorporated Georgetown County, South Carolina, anyone wanting to erect, construct or maintain a structure on county-owned property, including rights-of-way and street ends, must first obtain an encroachment permit from the county administrator under Georgetown County Code § 2-404. The application requires a plot plan, a legal description of the benefited property, written justification and a $100 nonrefundable fee, and permanent encroachments need a county lease.

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

(a)Any person desiring to erect, construct or maintain an encroachment upon county property must first obtain an encroachment permit. An encroachment permit may be obtained by filing a written application with the county administrator or his designee on a form supplied through his office. The application shall state the name and address of the owner of the adjacent real property benefited by the encroachment and shall be accompanied by a legal description of the adjacent real property benefited by the encroachment, a one-sheet plot plan illustrating the proposed encroachment, a written justification as to the need for the encroachment, and accompanied by a one hundred dollar ($100.00) nonrefundable application fee.(b)If the county administrator or his designee finds that a proposed encroachment will not be detrimental to the health, safety or welfare of the community or the surrounding property and when completed will not interfere with access to any public place he may accept the application. ... In granting a permit, the county may place any reasonable conditions on the permit that the situation warrants.

Full Breakdown

Georgetown County Council adopted the current encroachment article by Ordinance No. 2007-35 on June 12, 2007, replacing a 1991 version, and it governs any tower, pole, pipeline, fence, billboard, stand, building or other structure placed in, upon, under or over a county street, county road, drainage system or other county property, including the dead-end street ends that run to the ocean, marsh or river (§ 2-401). Encroachment on any public accessway is flatly prohibited under § 2-402, but § 2-404 lets a property owner apply for a permit through the county administrator's office.

The written application must name the adjacent property owner who benefits, include a legal description of that property, a one-sheet plot plan, a written justification for the need, and a $100 nonrefundable fee. The administrator approves only if the encroachment will not harm public health, safety or welfare and will not block access to any public place, and may attach reasonable conditions; a denial must be given in writing with reasons. Under § 2-403, the county treats easily moved encroachments as removable on demand, tolerates semi-permanent ones like trees, shrubs and low walls unless public access needs change, and requires permanent encroachments to secure a separate county lease rather than just a permit.

The administrator can revoke a granted permit on five days' notice if the encroachment interferes with access to a county project or the county's best interest requires removal. A permittee must hold the county harmless and indemnify it against claims arising from the encroachment under § 2-406. Fines for violating the article run $5 to $500 per offense, with each day of continued violation charged as a separate offense under § 2-405.

Violations & Fines

Violating any provision of the encroachment article, including building without a permit or ignoring a revocation notice, carries a fine of not less than $5 and not more than $500 per offense under § 2-405, and each day the violation continues counts as a separate offense. The county administrator can also order removal of unauthorized or revoked encroachments and, for permanent structures without a lease, can require removal at the owner's expense.

Frequently Asked Questions

Do I need a permit to put a fence or dock structure on county right-of-way in Georgetown County?
Yes. Section 2-404 requires anyone erecting, constructing or maintaining an encroachment such as a fence, pole, pipeline or structure on county-owned property, including rights-of-way and street ends, to first file a written application with the county administrator, including a plot plan, legal description, justification and a $100 nonrefundable fee.
What happens if I build without an encroachment permit?
The county administrator can order removal, and under § 2-405 you face a fine of $5 to $500 per offense, with each day the unpermitted encroachment remains treated as a new offense. Easily moved items are removed quickly, while permanent structures without a lease face the same exposure.
Can the county revoke an encroachment permit once granted?
Yes. Section 2-404(c) lets the county administrator revoke a permit at any time the health, safety or welfare of the community, or the county's best interest, requires removing the encroachment, after giving the permittee five days' written notice.

Sources & Official References

Other rules in Georgetown County

All Georgetown County rules

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