Kershaw County, SC Sidewalk & Pedestrian Rules: Encroachment Permits (2026)
Key Facts
- Permit issuer
- County department of public works / administrator
- Application form date
- October 2001 county form
- Max fine
- $500.00
- Max jail term
- 30 days
- Exemption
- Agricultural and forestry practices
Summary
Anyone placing utility lines or other material within a county road right-of-way in unincorporated Kershaw County must first get an encroachment permit from public works. Unpermitted encroachment is a misdemeanor with fines up to $500 and 30 days in jail.
(a)Any person or entity so desiring to encroach within any county road right-of-way as provided in this section shall first submit to the county an encroachment permit application in substantial conformity with the county encroachment permit application as prepared by the county department of public works dated October 2001, a copy of which is attached to the ordinance from which this section is derived. ... (f)Any person or entity that encroaches upon any county road right-of-way for the installation or placement of any material or for the installation or placement of any telephone lines, cable lines, water lines, sewer lines, drainage pipes, natural gas lines and electrical lines without first having obtained a county encroachment permit shall be guilty of a misdemeanor and shall suffer a fine not to exceed $500.00 and/or imprisonment for a term not to exceed 30 days and be subject to civil liability for the costs of removing the unauthorized encroachment and restoring the right-of-way. (g)Exemption as to agricultural practices. Agricultural practices are exempt from this section and require no permit.
Full Breakdown
Kershaw County Code § 26-2 requires any person or entity that wants to encroach within a county road right-of-way to first submit an encroachment permit application to the county, in the form prepared by the county department of public works (dated October 2001). "County road right-of-way" covers every road the county maintains by grant, dedication or prescriptive use, and "encroachment" is defined to include installing or placing telephone lines, cable lines, water lines, sewer lines, drainage pipes, natural gas lines and electrical lines. Applicants must also comply with the county's general provisions governing encroachments and execute a release and indemnity of the county before work begins.
The county administrator issues, indexes and enforces the permits. Agricultural practices, including forestry practices, are exempt and need no permit, but a person accessing a right-of-way this way without a permit is still liable for any damage or liability the encroachment causes. In unincorporated Kershaw County, the Sheriff's Office and code enforcement officers pursue violations through the magistrate's court.
Violations & Fines
Encroaching on a county road right-of-way without a permit is a misdemeanor: a fine not to exceed $500.00 and/or imprisonment not to exceed 30 days. The violator is also civilly liable for the cost of removing the unauthorized encroachment and restoring the right-of-way, on top of the criminal penalty.
Frequently Asked Questions
Do I need a permit to run a utility line across a county road right-of-way in unincorporated Kershaw County?
What happens if I encroach without a permit?
Are farmers exempt from the encroachment permit?
Sources & Official References
Other rules in Kershaw County
Compare Kershaw County to another location·View the South Carolina sidewalk & pedestrian rules overview
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