Mount Pleasant, SC Sidewalk & Pedestrian Rules: Encroachment Permits (2026)
Key Facts
- Permit required for
- Work in ROW, easement or public property
- Issuing department
- Engineering and Development Services
- Street-cut moratorium
- 5 years after new paving
- Advance notice
- 3 business days to Police & Roadway Inspector
- Max penalty
- $1,000 fine or 30 days, § 158.99
- Neglected excavation
- Town repairs after 2 years, bills owner
Summary
Before digging, cutting pavement, or building in a Mount Pleasant public right-of-way, easement or public property, § 158.05 of the town code requires an encroachment permit from the Engineering and Development Services Department. Minor repairs, routine maintenance and unmodified residential driveway repairs are exempt, but any street cut needs separate prior approval, and a newly paved street can't be cut for five years.
(A) Encroachment permit required. (1) Before performing repairs, excavation or construction or any similar work in any public right-of-way, public easement or on any public property, an encroachment permit (hereinafter referred to as "permit") shall be obtained from the Town of Mount Pleasant Engineering and Development Services Department, except in those instances otherwise provided for in this chapter. (2) A permit shall not be required for minor repairs or regular maintenance activities. (3) A permit shall not be required for maintenance and repair of residential driveways that tie into existing street curb and gutter and that do not require modifications of the same. (B) Prior approval required for street cut. The installation or repair of utilities that require the cutting of street pavement shall be allowed only with prior approval of the town. (1) No new or resurfaced street or road shall be cut within five years from its completion.
Full Breakdown
05(A). Two narrow carve-outs exist: minor repairs or regular maintenance need no permit, and neither does maintaining or repairing a residential driveway that ties into the existing curb and gutter without modifying it. 05(B): the town must approve it in advance, and no newly built or resurfaced street can be cut within five years of completion, though new utility-service requests can be considered for an exception if the Director of Engineering and Development Services or a designee signs off. Applicants for a street cut must also supply a cut detail, the trench's open duration, kept steel-plated while open, traffic-detour plans, and written notice to the Mount Pleasant Police Department and the Town Roadway Inspector at least three business days before work starts.
New construction requires two sets of project plans; the permit fee follows the department's fee schedule and covers plan review, revisions, and inspections, and is refundable if the work is canceled before it starts. The town may waive the fee for a governmental agency or utility, though that waiver never excuses obtaining the permit itself. Before work begins, permittees must also get a location request number from Palmetto Utility Protection Service and meet the three-day notice requirement. No more than half of any street or alley may be opened at one time, and roads maintained by SCDOT are exempt from the town's own encroachment permit, though the SCDOT permit and the same police notice still apply.
Violations & Fines
Working in a right-of-way without a permit, or cutting pavement without the town's prior approval, is enforceable under § 158.99: conviction carries a fine up to $1,000, imprisonment up to 30 days, or both. If an excavation is not properly refilled or maintained for two years, the town can perform the repairs itself and bill the responsible party or draw on the performance bond required under § 158.11.
Frequently Asked Questions
Do I need a permit to repair my driveway in Mount Pleasant?
Can I cut a newly paved street in Mount Pleasant?
What happens if I dig in a Mount Pleasant right-of-way without a permit?
Sources & Official References
Other rules in Mount Pleasant
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Encroachment Permits in Nearby Cities
How other cities in Charleston County handle encroachment permits.