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

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

Key Facts

Permit issuer
County engineer, Road & Bridges Dept.
Advance notice
48 hours before work
Civil fine
$500/day/violation
Security return
18 months after approved completion
Appeal path
Variance under Sec. 26-8

Summary

Anyone who wants to excavate, cut in a driveway, or otherwise alter a county-maintained road or right-of-way in unincorporated Oconee County must first get a written encroachment permit from the county engineer, pay the required fee, post security, and give the county 48 hours' notice before starting work.

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

All persons desiring to excavate within, encroach upon, or in any way alter a county maintained road and/or right-of-way, shall notify the county engineer and submit to the county road department an application for an encroachment permit, together with the required fees and security as determined and established periodically by county council. Notice will be given by the applicant to the county at least 48 hours prior to initiating such work, and only after receiving an approved permit from the county. ... No person may excavate within, encroach upon, or in any way alter a county maintained road or right-of-way without the written approval, in advance, by approved permit, of the county engineer. ... Violation of the encroachment permit policy is a violation of this Code and is punishable by civil fine of $500.00/day/violation. Each and every day of a continuing violation shall be deemed a new and separate offense.

Full Breakdown

Section 26-7(e) requires anyone who wants to excavate within, encroach upon, or alter a county-maintained road or right-of-way to notify the county engineer and submit an application to the county road department, along with the required fees and security set periodically by county council; work cannot start until the county engineer has approved and issued the permit, and the applicant must give 48 hours' notice before initiating work. In deciding whether to grant a permit, the engineer weighs the applicant's needs against the county's, including sound engineering practice, keeping rights-of-way open, traffic convenience, and the applicant's compliance history with earlier permits, and may restrict, suspend or revoke any permit issued under this section.

County council separately adopts the encroachment permit policy, application form and fee schedule, and can update fees through the annual budget ordinance. After the permitted work is done, the applicant must restore the road or right-of-way to its original condition to SCDOT specifications; the posted security is returned 18 months after satisfactory completion once the county engineer approves the final inspection, or kept and spent on repairs if the engineer finds the work unacceptable. Someone denied a permit, or facing an engineer-imposed restriction, can appeal by requesting a variance under section 26-8, which is decided by the board of zoning appeals after a hearing.

Violations & Fines

Violating the encroachment permit policy carries a civil fine of $500.00 per day per violation, with each day of continuing violation a separate offense; failing to pay a levied civil fine is itself a code violation punished under section 1-7. Broader noncompliance with this article is also a misdemeanor under section 26-7(h), and the county can recover attorney's fees in a civil enforcement suit.

Frequently Asked Questions

Do I need a permit to dig in the road right-of-way in Oconee County?
Yes. Section 26-7(e) requires an approved encroachment permit from the county engineer, plus required fees and security, before anyone excavates within, encroaches upon, or alters a county-maintained road or right-of-way.
How much notice must I give before starting encroachment work?
At least 48 hours' notice to the county, and only after the county engineer has issued the approved permit; starting work first is a violation.
What happens if I violate the encroachment permit policy?
The county can impose a civil fine of $500.00 per day per violation, with each day treated as a separate offense, and unpaid fines are enforced as a code violation under section 1-7.

Sources & Official References

Other rules in Oconee County

All Oconee County rules

Compare Oconee County to another location·View the South Carolina sidewalk & pedestrian rules overview

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