South Carolina Statewide Rule
South Carolina Agricultural Zoning Right to Farm Limitations
Key Facts
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- Authority: SC Code Title 46 and Title 6
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- Bona fide farms enjoy zoning protections
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- Local non-farm activity regulation preserved
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- Right to Farm Act limits unreasonable rules
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- Agricultural overlays balance interests
Summary
South Carolina law limits how local zoning can restrict bona fide agricultural operations and farm-related activities on land used for farming.
(B) The provisions of this section shall not preclude any right a county may have to determine whether an agricultural use is a permitted use under the county's land use and zoning authority; provided, if an agricultural facility or an agricultural operation is a permitted use, or is approved as a use pursuant to any county conditional use, special exception or similar county procedure, county development standards, or other ordinances that are not identical with the laws of this State or the regulations of the Department of Health and Environmental Control are null and void to the extent they (a) apply to agricultural operations or facilities otherwise permitted by this chapter, the laws of this State, and the regulations of the Department of Health and Environmental Control, and (b) are not identical to this chapter, the laws of this State, and the regulations of the Department of Health and Environmental Control.
Full Breakdown
While counties and municipalities retain general zoning authority under Title 6, Chapter 29, the Right to Farm Act in Section 46-45-10 and related provisions constrain ordinances that would unreasonably restrict agricultural operations. Bona fide farm activities, including the raising of crops and livestock, are commonly exempt from many local zoning controls. Counties such as those with agricultural overlay districts must balance protection of farmland with development pressures. Local governments still regulate non-agricultural commercial activities on farms, including events, retail sales of non-farm goods, and structures unrelated to production.
Violations & Penalties
Zoning ordinances that unreasonably interfere with protected farm operations may be struck down upon challenge in state court.
Frequently Asked Questions
Can counties zone out farming entirely?
Can localities regulate farm event venues?
Sources
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