PROVISIONS FOR FLOOD HAZARD REDUCTION

Charleston, S.C., City Code ch. 27, art. II, div. 2

in effect

Charleston, S.C., City Code § 27-99 Low lots or grounds constituting public nuisance or health hazard.

Sec. 27-99. - Low lots or grounds constituting public nuisance or health hazard. (a) It shall be unlawful for any owner with low lots which shall be found by the department of stormwater management to be a public nuisance or health hazard, to fail to eliminate such nuisance or hazard in such manner and within such times as the department of stormwater management shall direct. (b) Inspections. Whenever it shall appear to the department of stormwater management that any low lots are in a condition to constitute a public nuisance or health hazard, it shall be the duty of the department of stormwater management to enter upon and thoroughly examine the low grounds in question to determine whether such lots should be drained, filled up, leveled, cleared or otherwise so improved as to remove the nuisance and health hazard there complained of or existing. (c) Determination of hazard; order to correct. Should the department of stormwater management be of the opinion that the low lots in question ought to be filled up, leveled, cleared or drained, or otherwise improved as to remove the nuisance and health hazard, the department of stormwater management shall forthwith order and direct the owners of such low lots to take such action in such manner and with such materials and within such reasonable times as the department of stormwater management may prescribe. In no event shall the time prescribed be less than ten (10) days. (d) Service of notice. Such notice shall be served on the owner or owners of the low lots in writing either in person, by registered mail, or by publication. Where a notice by registered mail is sent to the last known address of the owners it shall be deemed a service upon the owners of such lots. (e) Noncompliance with notice; work done by city. In case of neglect or refusal of an owner to obey a notice as provided for in paragraph (d) of this Section, it shall be the duty of the department of stormwater management to cause the low lots in question to be filled up, leveled, cleared, drained or otherwise so improved as to remove the nuisance and health hazard. (f) Costs of work done by city to constitute lien against property. The expenses and charges paid or incurred in case low lots shall be filled up, leveled, cleared, drained or otherwise improved by the department of stormwater management shall be paid in the first instance out of the city treasury and such expenses and charges shall be a lien against the real property upon which such cost was incurred, which lien shall be enforced and collected in the same manner as municipal taxes. (g) Nothing herein shall prevent the enforcement of any other remedy or remedies in other provisions of this Code or other laws and regulations. (Ord. No. 2007-158, § 2, 8-21-07; Ord. No. 2018-150, § 2, 11-27-18)

Charleston, S.C., City Code § 27-100 Water from building.

Sec. 27-100. - Water from building. On all new construction, developments, or redevelopments required by the Standard Building Code to conform to requirements for new buildings, it shall be unlawful for any person to collect rainwater for deposit on any street, sidewalk or right-of-way, or otherwise suffer or permit, or by mechanical means propel, rainwater on such street, sidewalk or right-of-way. (Ord. No. 2007-158, § 2, 8-21-07)

Charleston, S.C., City Code § 27-101 Flood hazard areas.

Sec. 27-101. - Flood hazard areas. (a) If, upon the determination and written notice of the building code official or any other responsible city official, a proposed structural use in any zone district of the city lies within an area of suspected flood hazard to public health or safety it shall be the duty of the building code official to withhold approval of building permits until one of the following requirements has been met: (1) Documented, written evidence by a registered engineer that the proposed development does not place in hazard public health or safety, either on the subject property or upstream, or downstream. (2) Documented, written evidence by the owner of the land or his agent further certified by a registered engineer that proposed improvements or standards such as flood proofing, filling, excavating, etc., will be instituted to overcome encroachment upon the normal water-carrying functions of adjacent streams resulting in hazards to public health and safety. (3) Written evidence by the owner of the land or his agent that the development shall be confined to the following permitted uses with normal safeguards to public health and safety: a. In or adjacent to residential developments: i. Agricultural uses permitted under the provision of the zoning ordinance. ii. Railroads, streets, bridges and public utility wire and pipe lines for transmission and local distribution purposes. iii. Public parks and playgrounds and outdoor private clubs, including but not limited to country club, swimming clubs, tennis clubs, provided that no principal building is located in the floodway. iv. Recreational camp and camping grounds, provided that rest room facilities shall be located and constructed in accordance with the health department requirements. v. Commercial excavation of natural materials and improvements of a stream channel. vi. Uses accessory to those permitted in adjoining lots or tracts of land. b. In or adjacent to commercial development: i. Any of the above permitted uses. ii. Archery ranges, drive-in theaters, miniature golf courses and golf driving ranges. iii. Loading and unloading areas, parking lots, used car lots. iv. Other similar uses accessory to those permitted in the adjoining district. v. Parking lots. c. In or adjacent to industrial development: i. Agricultural uses including crop, nursery stock, and tree farming, truck gardening, livestock grazing, and other agricultural uses which are of the same or closely similar nature. ii. Storage yards for equipment and material not subject to major damage by flood, provided such use is accessory to a use permitted in an adjoining district. iii. Parking lots. iv. Railroads, streets, bridges and utility lines. v. Uses accessory to those permitted in adjoining lots or tracts of land. (b) The required evidence shall be submitted to the board of adjustment by the owner or his agent and reviewed for adequacy within a period not exceeding thirty-days after receipt. The board of adjustment shall determine if conditions necessary for public health and safety have been met within the allotted thirty-day period or an affirmative decision shall be presumed. However, upon the event of a negative decision additional documentation may be presented which starts another thirty-day period. (Ord. No. 2007-158, § 2, 8-21-07)

Charleston, S.C., City Code § 27-102 Stormwater management systems.

Sec. 27-102. - Stormwater management systems. (a) Stormwater management systems for development in the city shall adhere, at a minimum, to the requirements as established by S.C. Code § 48-14-10, et. seq. (Supp. 2000), the Stormwater Management and Sediment Reduction Act, and the regulations promulgated pursuant thereto, as the same may from time to time be amended. (b) Consistent with requirements of the Stormwater Management and Sediment Reduction Act, in areas of the city deemed by the director of stormwater management or his designee to require more stringent design specifications due to reoccurring flooding conditions, stormwater management systems shall be required to adhere to such development and design criteria as deemed necessary by the director of stormwater management or his designee. (c) Within the area of the city delineated as the Church Creek Basin in the Master Drainage and Floodplain Management Plan dated May 1984, on file in the offices of the department of stormwater management, city council finds that because of the topography and the limited stormwater infrastructure, homes and other developed properties in the basin have experienced severe flooding during rainstorms that did not exceed the design rainfall event. The infrastructure now in place is not sufficient to adequately handle the stormwater discharge of the development that has occurred to date, and stands to be further adversely impacted as additional development occurs. It is evident that absent the implementation of reasonable regulations and specific criteria for the design and construction of permanent stormwater management systems associated with new development in the basin, both existing and planned, will be threatened. A special stormwater management area is established within which all new development shall adhere to special stormwater management design standards, which shall be designated as the Church Creek Special Stormwater Management Area and shall be defined as only that portion of the Church Creek basin that lies north of the existing railroad right-of-way, which is more specifically shown in the Master Drainage and Floodplain Management Plan dated May 1984 and the Stormwater Master Plan for the Church Creek Watershed on file in the offices of the department of stormwater management (hereinafter referred to as the "Church Creek Special Stormwater Management Area"). Within the Church Creek Special Stormwater Management Area, all permanent stormwater management systems associated with new development shall be designed and constructed to maintain the post-development peak flow rates at or below the pre-development peak flow rates, and to detain the excess runoff volume difference between the pre-development and post-development conditions for the design storm having a duration of 24-hours and frequencies of 2, 10, 25, 50 and 100 years for a period of twenty-four (24) hours, with tolerances for a peak flow rate match for the 25- and 50-year storm events being plus or minus ten (10) percent, with all others matching pre post-development conditions. Detention facilities meeting these standards shall be designed and constructed to contain the excess volume for the twenty-four-hour period and the volume required to release the post-development peak flow at or below the pre-development peak flow rates, all as are more fully explained and specified in the Stormwater Master Plan for the Church Creek Watershed maintained on file in the office of the director of stormwater management or his designee, and which is incorporated herein by reference. (Ord. No. 2007-158, § 2, 8-21-07; Ord. No. 2018-150, § 2, 11-27-18)

Source: City of Charleston, South Carolina, Code of Ordinances and Zoning Ordinance (Municode Library, library.municode.com)URL: https://library.municode.com/sc/charleston/codes/code_of_ordinances?nodeId=CICO_CH27STMAFLCO_ARTIISTFAFLHADAPRCO_DIV2PRFLHAREFetched: 11/7/2026