STORMWATER MANAGEMENT UTILITY

Charleston, S.C., City Code ch. 27, art. III

in effect

Charleston, S.C., City Code § 27-132 Findings.

Sec. 27-132. - Findings. City council hereby makes the following findings of fact: (a) The management of stormwater runoff and sediment is necessary to reduce pollution, siltation, sedimentation, local flooding and stream channel erosion, all of which impact adversely on land and water resources and the health, safety, property and welfare of the residents of the city; (b) The city maintains a system of stormwater management facilities, including but not limited to, inlets, conduits, manholes, channels, ditches, drainage easements, retention and detention basins, infiltration facilities, and other components as well as natural waterways; (c) The stormwater management facilities and components of the city need to be regularly rehabilitated, upgraded or expanded, and additional stormwater management facilities and measures need to be installed throughout the city; (d) The city needs to upgrade its capability to maintain existing and future stormwater management facilities and measures; (e) Every parcel of improved real property in the city both uses or benefits from the stormwater management system; and the improvement of existing facilities and construction of additional facilities in the system will directly benefit the owners of all improved real estate; (f) Continued growth in the city will contribute to the need for improvements to and maintenance of the stormwater management system; (g) The extent of use of the stormwater management system by each parcel of improved real property is dependent on factors that influence runoff, such as land use, intensity of development, amount of impervious surface, and location in a particular watershed or basin; (h) Owners of improved real property and users should finance the stormwater management system to the extent they contribute to the need for the system, and derive special benefits therefrom, and charges therefore should bear a substantial relationship to the cost of the service; (i) It is in the best interests of the citizens of this city and, most specifically, the owners of improved property, that a stormwater management utility and stormwater management utility fee system be established by ordinance and implemented as part of the city's utility enterprise system; (j) Pursuant to S.C. Code Ann. § 12-37-250 (1976) persons sixty-five (65) years of age or older and certain persons who are totally and permanently disabled, or are legally blind are entitled to a reduction of ad valorem taxes upon application for a homestead exemption; (k) City council finds that it is the public policy of the State of South Carolina that consideration be accorded those persons who are sixty-five (65) years of age or older and certain persons who are totally and permanently disabled or are legally blind in the payment of monies for the operation of local governments and their agencies, in recognition of the fact such persons are often on fixed incomes and least able to afford such payments; and (l) City council is desirous of exempting from the payment of stormwater utility fees all properties that are designated for homestead exemptions on the Charleston County and Berkeley County tax records, and city council finds that an exemption from stormwater utility fees is in accordance with that public policy. (Ord. No. 2007-158, § 2, 8-21-07; Ord. No. 2008-58, § 3, 4-8-08)

Charleston, S.C., City Code § 27-133 Article designation and authority.

Sec. 27-133. - Article designation and authority. This article may be cited as the Stormwater Management Utility Ordinance and is adopted pursuant to S.C. Code Ann. § 48-14-10, et seq., S.C. Code Ann. § 5-7-30 and S.C. Land Resources Conservation Commission Regulations 72-300 to 72-316. (Ord. No. 2007-158, § 2, 8-21-07; Ord. No. 2008-58, § 3, 4-8-08)

Charleston, S.C., City Code § 27-134 Definitions.

Sec. 27-134. - Definitions. Unless the context specifically indicates otherwise, the meanings of words and terms used in this article shall be as set forth in S.C. Land Resources Conservation Commission, Regulation 72-301, (Supp. 1992), mutatis mutandis. Base rate shall mean the annual stormwater management utility fee charged per equivalent residential unit at an annual rate of one hundred thirty-two dollars ($132.00). Condominium property shall mean the developed property that serves the primary purpose of providing permanent condominium units and their collectively owned common elements. Condominium units shall mean an individually owned parcel in a multi-unit developed property where unit owners collectively own common elements such as parking, lobby grounds, and similar features. Developed property shall mean real property, which has been altered from its natural state by the addition of any improvements such as buildings, structures, or other impervious surface area. Dwelling unit shall mean a single unit providing complete, independent living facilities for one (1) family, including permanent provisions for living, sleeping, eating, cooking and sanitation. Equivalent residential unit shall mean the total impervious area of a typical single-family residential property; and is defined as the median impervious area of a representative sample of all residential properties in the flat rate single-family category. The equivalent residential unit is two thousand two hundred (2,200) square feet. Fee shall mean the annual amount charged to a property owner for the services provided by the stormwater management utility. Impervious surface area shall mean a surface which is compacted or covered with material that is resistant to infiltration by water, including, but not limited to, most conventional surfaced streets, roofs, sidewalks, parking lots, and other similar structures. Non-residential property shall mean developed property that is not single-family residential property or condominium property. Such property shall include, but not be limited to, multi-family residential properties (other than condominium units), commercial properties, industrial properties, parking lots, recreational, institutional and cultural facilities, hotels, offices, and churches. Private stormwater management facilities are those facilities that are not dedicated for public conveyance of stormwater, nor have they been accepted for maintenance by the city as part of the public stormwater system. Public stormwater management system includes stormwater management facilities that have been dedicated and accepted for public use and maintenance by the city. Revenues shall mean all fees, assessments or other income received by the stormwater management utility, including but not limited to, amounts received from the investment or deposit of monies in any fund or account and all amounts received as gifts, donations and the proceeds from the sale of bonds to finance the stormwater management program. Self-contained stormwater management facilities shall mean stormwater management facilities that: (1) accept stormwater drainage in such a way as to have no impact on other city owned or city maintained drainage facilities or drainage activities of the city, as determined by the director of stormwater management or their designee; and (2) are not connected on the inlet or outlet side of any city-owned or city-maintained stormwater management facility. Single-family residential property shall mean property designated as a single parcel on the Berkeley or Charleston County tax maps, containing only one (1) principal dwelling unit and that does not share a ceiling or floor with another dwelling unit. The presence of an accessory dwelling unit does not disqualify a property from this classification. Stormwater management facilities may include ditches, swales, channels, canals, ponds, lakes, pipes, culverts, grates, weirs, inlets, outlets and other structures that exist for the collection, storage, conveyance and treatment of stormwater runoff. Undeveloped property, for purposes of this article, shall mean any residential or non-residential property that has less than ten (10) percent of the equivalent residential unit of impervious surface area or any property operating solely as a cemetery without a colocated additional use. Utility customer shall mean the person or entity that is the property owner, and such person or entity shall receive the annual billing for the stormwater management utility fee. (Ord. No. 2007-158, § 2, 8-21-07; Ord. No. 2008-58, § 3, 4-8-08; Ord. No. 2015-187, § 1, 12-15-15; Ord. No. 2018-150, § 3, 11-27-18; Ord. No. 2025-083, § 1, 6-17-25)

Charleston, S.C., City Code § 27-135 Establishment of stormwater management utility; administration; duties and powers.

Sec. 27-135. - Establishment of stormwater management utility; administration; duties and powers. City council hereby establishes a stormwater management utility (utility) to carry out the purposes, functions and responsibilities herein set forth. The governing body of the utility shall be city council. The mayor shall administer the utility under the department of stormwater management. The utility shall have the powers and duties hereinafter set out, which powers and duties are not necessarily exclusive to the utility, to wit: (a) Stormwater management planting and preparation of comprehensive watershed master plans for stormwater management; (b) Regular inspections of public and private stormwater management facilities and measures and the construction thereof; (c) Maintenance and improvement of stormwater management facilities that have been accepted by the city for that purpose; (d) Plan review and inspection of sediment control and stormwater management plans, measures and practices; (e) Retro-fitting designated watersheds to reduce existing flooding problems to improve water quality; (f) Acquisition of interests in land, including easements; (g) Design and construction of stormwater management facilities and measures and acquisition of equipment; (h) Water quantity and water quality management, including monitoring surveillance; and (i) Any and all powers and duties delegated or granted to it as a local government implementing agency under the laws and regulations of the State of South Carolina, and the ordinances of this city. (Ord. No. 2007-158, § 2, 8-21-07; Ord. No. 2008-58, § 3, 4-8-08; Ord. No. 2018-150, § 3, 11-27-18)

Charleston, S.C., City Code § 27-136 Jurisdiction.

Sec. 27-136. - Jurisdiction. The boundaries and jurisdiction of the stormwater management utility shall extend to the corporate limits of the city, as they may exist from time to time. (Ord. No. 2007-158, § 2, 8-21-07; Ord. No. 2008-58, § 3, 4-8-08; Ord. No. 2025-083, § 2, 6-17-25)

Charleston, S.C., City Code § 27-137 Stormwater utility fees.

Sec. 27-137. - Stormwater utility fees. City council shall establish by ordinance the amount or amounts and classifications of fees to be implemented to help fund the utility and its programs and projects. In establishing such fees, city council shall consider, among other things, the following criteria: (a) The fee system shall be reasonable and equitable so that users pay to the extent they contribute to the need for the utility, and the fees shall be apportioned with approximate equality and upon a reasonable basis of equality with due regards for the benefits conferred. City council recognizes that these benefits, while substantial, in many cases cannot be measured directly. (b) The components of the calculations used to establish fees shall include, but may not be limited to, the following cost factors, which may be associated with the resolution of stormwater problems which the utility shall seek to alleviate: (1) Stormwater management planning and preparation of comprehensive watershed master plans for stormwater management; (2) Regular inspections of public and private stormwater management facilities and measures and the construction thereof; (3) Maintenance and improvement of stormwater management facilities that have been accepted by the city for that purpose; (4) Plan review and inspection of sediment control and stormwater management plans, measures and practices; (5) Retro-fitting watersheds to reduce existing flooding problems or to improve water quality; (6) Acquisition of interests in land, including easements; (7) Design and construction of stormwater management facilities and measures and acquisitions of equipment; (8) Administration and enforcement; (9) Water quantity and water quality management, including monitoring surveillance; and (10) Debt service and financing costs. (c) The components of the calculations used to establish fees shall be based on an "equivalent residential unit" (ERU), to be determined and approved by city council with reasonable general adjustments being made for, but not limited to, the following factors: (1) Commercial and land uses other than single family residential; (2) Open and/forested land; (3) Lot or tract size; (4) The total amount of impervious area on each parcel; and (5) Other generally accepted factors relevant to such calculations based upon the provisions of this article. (d) The practical difficulties and limitations related to establishing, calculating, and administering such fees. (Ord. No. 2007-158, § 2, 8-21-07; Ord. No. 2008-58, § 3, 4-8-08)

Charleston, S.C., City Code § 27-138 Reserved.

Charleston, S.C., City Code § 27-139 Classification of property for purposes of determination of the fee.

Sec. 27-139. - Classification of property for purposes of determination of the fee. For the purposes of determining the fee, all properties in the city are classified as follows: (a) Single-family residential; (b) Condominium unit: (c) Non-residential; or (d) Undeveloped. (Ord. No. 2007-158, § 2, 8-21-07; Ord. No. 2008-58, § 3, 4-8-08; Ord. No. 2025-083, § 3, 6-17-25)

Charleston, S.C., City Code § 27-140 Establishment of fees for all classifications of property.

Sec. 27-140. - Establishment of fees for all classifications of property. The fees for each classification of property shall be as follows: (a) Single-family residential property shall be charged a fee of the base rate times one (1) equivalent residential unit, regardless of the size of the parcel or the improvements. Provided however, upon applications by the owner and verification by the utility, all properties that are designated for homestead exemptions on the tax records for Charleston County and Berkeley County are exempt from the payment of the fee. (b) Condominium units shall be charged the base rate multiplied by the numerical factor obtained by dividing the total impervious area of the condominium property, as determined by the director of stormwater management or their designee, by one (1) equivalent residential unit (two thousand two hundred (2,200) square feet), divided proportionally among condominium units within the condominium property. The numerical factor will be rounded to the nearest hundredth (0.01) of a unit. (c) Non-residential property shall be charged the base rate multiplied by the numerical factor obtained by dividing the total impervious area of the property, as determined by the director of stormwater management or their designee, by one (1) equivalent residential unit (two thousand two hundred (2,200) square feet). The numerical factor will be rounded to the nearest hundredth (0.01) of a unit. (d) Undeveloped property shall be exempt from the fee. (Ord. No. 2007-158, § 2, 8-21-07; Ord. No. 2008-58, § 3, 4-8-08; Ord. No. 2018-150, § 3, 11-27-18; Ord. No. 2025-083, § 4, 6-17-25)

Charleston, S.C., City Code § 27-141 Responsibility for fees.

Sec. 27-141. - Responsibility for fees. The ultimate responsibility for fees shall be that of the property owner. (Ord. No. 2007-158, § 2, 8-21-07; Ord. No. 2008-58, § 3, 4-8-08; Ord. No. 2025-083, § 5, 6-17-25)

Charleston, S.C., City Code § 27-142 Fee adjustments.

Sec. 27-142. - Fee adjustments. After the numbers of ERUs have been calculated based on existing site development and when certain criteria are met non-residential properties may be eligible for adjustments. Retention/detention adjustments are available for properties where private stormwater facilities exist. Self-contained stormwater system adjustments are available for properties that have self-contained stormwater facilities which do not directly discharge to any stormwater conveyance facility maintained by the city. However, no parcel shall be assigned an ERU of less than one (1) per parcel to reflect the costs of maintaining those parcels in the stormwater database, and to reflect the benefit each parcel receives through the incremental improvement of stormwater management throughout the city. It is the stormwater utility customer's responsibility to provide proof that conditions exist that may qualify a property for a particular adjustment. (a) Retention/detention adjustments. The city may allow adjustment of stormwater charges for privately maintained retention and/or detention facilities upon inspection and approval of facilities by the director of stormwater management or his designee. The amount of the adjustment and requirements for receiving and maintaining those adjustments are as follows: (1) The rate of the adjustment for privately maintained retention/detention stormwater facilities is based on the amount of reduced impact that the privately maintained stormwater facilities achieve. Rates of adjustment are as follows: a. Where stormwater management facilities are constructed and maintained which reduce the maximum instantaneous rate of discharge from the property from a ten-year, twenty-four-hour storm event to less than or equal to the predevelopment rate, the utility customer shall receive a reduction of the fee by twenty-five (25) percent. b. Where stormwater management facilities are constructed and maintained which reduce the maximum instantaneous rate of discharge from the property from a twenty-five-year, 24-hour storm event to less than or equal to the predevelopment rate, the utility customer shall receive a reduction of the fee by twenty-five (25) percent. c. Where stormwater management facilities are constructed and maintained which reduce the maximum instantaneous rate of discharge from the property from a one hundred-year, 24-hour storm event to less than or equal to the predevelopment rate, the utility customer shall receive a reduction of the fee by twenty-five (25) percent. (2) A non-residential property with private stormwater retention/detention facilities shall be eligible for an adjustment of fees when the following conditions are met: a. Private stormwater facilities exist; b. The utility customer has provided proof of reduced impact by submitting hydraulic/hydrologic calculations and topographic maps signed and sealed by an engineer registered in the State of South Carolina to the director of stormwater management or his designee; c. The utility customer has provided a copy of a valid NPDES stormwater permit or a statement that no permit is required for the activity on the parcel; d. The utility customer has entered into a maintenance agreement with the city for continued maintenance of the private stormwater facilities; e. The proof of reduced impact upon city-owned or maintained stormwater facilities has been approved by the director of stormwater management or his designee; and f. The owners of the parcel receiving adjustments of the city stormwater charges agrees that, prior to receiving such adjustments, it will provide maintenance on all private drainage structures, consistent with the requirements of the city and the city's maintenance practices for public drainage structures. (b) Self-contained stormwater facilities adjustments. The city may allow adjustment of stormwater charges for self-contained stormwater facilities that reduce the amount of impact on city maintained stormwater facilities upon inspection and approval of facilities by the director of stormwater management or his designee. The amount of the adjustment and requirements for receiving and maintaining those adjustments are as follows: (1) The rate of the adjustment for self-contained stormwater facilities is based on the amount of reduced impact that the privately maintained stormwater facilities achieve. The city may allow exemption from stormwater charges for any portion of the parcel that can be demonstrated to directly discharge into any drainage conveyance facility not maintained by the city. The adjustment in fee shall be one hundred (100) percent for that portion of the parcel that meets this criteria. (2) A non-residential property with private stormwater facilities shall be eligible for an adjustment of fees for self-contained stormwater facilities when the following conditions are met: a. Private stormwater facilities exist; b. The utility customer has provided to the city information demonstrating its facilities qualify as self-contained facilities, including hydraulic/hydrologic calculations, topographic maps and other necessary information signed and sealed by an engineer registered in the State of South Carolina. c. The utility customer has provided a copy of a valid NPDES stormwater permit or a statement that no permit is required for the activity on the parcel; d. The utility customer has entered into an agreement with the city in which the property owner agrees to provide continued maintenance of the private stormwater facilities; e. The proof of reduced impact upon city-owned or maintained stormwater facilities has been approved by the director of stormwater management or his designee; and f. The owners of the parcel of property receiving adjustments of the city stormwater charges agrees that, prior to receiving such adjustments, it will provide maintenance on all private drainage structures, consistent with the requirements of the city and the city's maintenance practices for public drainage structures. (c) Combining fee adjustments. Fee adjustments, as described in subsection (a)(1)a., through (a)(1).c. are cumulative and may be combined. A fee adjustment as described in subsection (b)(1) is not cumulative and may not be combined with the adjustment described in subsection (a) of this section. (d) "In-kind" payments allowed: The city and the utility customer may enter into an agreement in which (1) the utility customer agrees to maintain its private stormwater facilities that receive discharge from city stormwater facilities located on or adjacent to the owner's property, and (2) the city accepts the utility customer's maintenance services "in-kind" in place of payment of city stormwater utility charges. Valuation of any "in-kind" services provided by the utility customer shall be made based on the cost savings realized by the city. (Ord. No. 2007-158, § 2, 8-21-07; Ord. No. 2008-58, § 3, 4-8-08; Ord. No. 2018-150, § 3, 11-27-18; Ord. No. 2025-083, § 6, 6-17-25)

Charleston, S.C., City Code § 27-143 Effective date of adjustments.

Sec. 27-143. - Effective date of adjustments. Adjustments approved pursuant to section 27-142 to a utility customer's fee on a parcel with private stormwater facilities shall become effective as follows: (a) The rates of adjustment for new and existing stormwater facilities that meet the criteria of subsection 27-142(a), retention/detention adjustments, shall be effective the first full billing period following the date of ratification for the ordinance from which this article derives or the date that the application is approved which ever is later. (b) For new stormwater facilities that meet the criteria of subsection 27-142(b), self-contained stormwater facilities adjustments, the adjustment shall be effective the first full billing month after the application is approved by the director of stormwater management or his designee. (c) For existing stormwater facilities that meet the requirements of subsection 27-142(b), self-contained stormwater facilities adjustments, the effective date of the adjustment shall be February 28, 1995, or the date such conditions came into being, whichever is later; provided that the application is made within the first twelve (12) months after the date of ratification of the ordinance from which this article derives. For applications received after the first twelve (12) months after ratification the ordinance from which this article derives, adjustments shall be effective the first full billing period after the director of stormwater management or his designee approves the application. (d) Adjustments are transferable and shall continue as long as the conditions and circumstances under which the adjustment was granted are met. Should the utility customer fail to maintain the private stormwater facility or fail to perform in accordance with the stormwater maintenance agreement, the director of stormwater management or his designee shall immediately revoke the fee adjustment by written notice to the utility customer. (e) Under no condition shall adjustments exceed the amount of actual fees paid by a customer for a particular parcel. (Ord. No. 2007-158, § 2, 8-21-07; Ord. No. 2008-58, § 3, 4-8-08; Ord. No. 2018-150, § 3, 11-27-18)

Charleston, S.C., City Code § 27-144 Notification of determination of impervious area for developed non-residential property.

Sec. 27-144. - Notification of determination of impervious area for developed non-residential property. The director of stormwater management or their designee shall determine the amount of impervious area on each non-residential property. A determination shall be made using aerial photographs and/or field checks where necessary. Upon application, a utility customer shall be provided a written determination of the amount of impervious area for which a fee has been established. (Ord. No. 2007-158, § 2, 8-21-07; Ord. No. 2008-58, § 3, 4-8-08; Ord. No. 2018-150, § 3, 11-27-18; Ord. No. 2025-083, § 7, 6-17-25)

Charleston, S.C., City Code § 27-145 Collection of fees.

Sec. 27-145. - Collection of fees. (a) The director of stormwater management or their designee shall prepare and forward all information necessary to Berkeley County and Charleston County for the purpose of annual billing of fees to be included on the county property tax bills. Fees shall be due and paid no later than the due date set forth on the bill. The fee may be billed separately to utility customers, in cases where the use of the county property tax billing system is deemed inappropriate. (b) In the event that the fees are not paid when due, penalties and/or late fees shall accrue as per the relevant county property tax billing policy, until such time as the overdue payment and interest are paid. (Ord. No. 2007-158, § 2, 8-21-07; Ord. No. 2008-58, § 3, 4-8-08; Ord. No. 2008-131, § 1, 9-23-08; Ord. No. 2018-150, § 3, 11-27-18; Ord. No. 2025-083, § 8, 6-17-25)

Charleston, S.C., City Code § 27-146 Investment and reinvestment of funds and borrowing.

Sec. 27-146. - Investment and reinvestment of funds and borrowing. Funds generated for the utility from fees, bond issues, other borrowing, and other sources shall be utilized only for those purposes for which the utility has been established, including but not limited to: planning; acquisition of interests in land including easements; design and construction of facilities; maintenance of the stormwater system; billing and administration; and water quantity and water quality management, including monitoring, surveillance, private maintenance inspection, construction inspection, and other activities which are reasonably required. Such funds shall be invested and reinvested pursuant to the same procedures and practices established by the city for investment and reinvestment of funds. City council may use any form of borrowing authorized by law to fund capital acquisitions or expenditures for the utility. (Ord. No. 2007-158, § 2, 8-21-07; Ord. No. 2008-58, § 3, 4-8-08)

Charleston, S.C., City Code § 27-147 Requests for reconsideration.

Sec. 27-147. - Requests for reconsideration. (a) A utility customer may request a reconsideration of any determination or interpretation by the director of stormwater management or his designee in the operation of the stormwater utility. Such request shall be in writing and filed with the director of stormwater management or his designee within thirty (30) days of receipt of notification of the determination or interpretation. (b) The director of stormwater management or his designee shall review the application and make a decision on the request within thirty (30) working days. (c) The request shall be made upon such forms and be accompanied by such information as the director of stormwater management or his designee, by written policy, shall require. (Ord. No. 2007-158, § 2, 8-21-07; Ord. No. 2008-58, § 3, 4-8-08; Ord. No. 2018-150, § 3, 11-27-18)

Charleston, S.C., City Code § 27-148 Appeals.

Sec. 27-148. - Appeals. Any person aggrieved by the decision of the director of stormwater management or his designee under section 27-147 shall have the right to appeal to the city's public works and utilities committee by filing with the city's clerk of council a petition in writing setting forth plainly, fully, and distinctly why the denial is contrary to law. The appeal shall be filed within thirty (30) days after the affected party receives actual notice of the decision of the director of stormwater management or his designee. Public works and utilities committee hearings requested pursuant to this section shall be scheduled within thirty (30) days after receipt of a proper request for an appeal unless continued by agreement and decisions shall be rendered within sixty (60) days from the end of the hearing. The public works and utilities committee shall have full authority to affirm, modify, or reverse a decision of the director of stormwater management or his designee. In evaluating the appeal, the public works and utilities committee shall determine whether the decision of the director of stormwater management or his designee was made in compliance with the standards, policies, and criteria of this article. Any person aggrieved by a final determination of the public works and utilities committee shall have the right to file an appeal with the court of common pleas in and for the County of Charleston within thirty (30) days of notice of such determination. (Ord. No. 2007-158, § 2, 8-21-07; Ord. No. 2008-58, § 3, 4-8-08; Ord. No. 2018-150, § 3, 11-27-18)

Charleston, S.C., City Code § 27-149 Severability.

Sec. 27-149. - Severability. It is declared the intent of city council that the sections, subsections, paragraphs, sentences, clauses and phrases of this article are severable; and if any such provision shall be declared unconstitutional or otherwise invalid or unenforceable by a court of competent jurisdiction, it shall not affect the validity or enforceability of any remaining provisions of this article, and it is the intent of city council that such provisions shall continue in full force and affect. (Ord. No. 2007-158, § 2, 8-21-07; Ord. No. 2008-58, § 3, 4-8-08)

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_ARTIIISTMAUTFetched: 11/7/2026