USA - SOUTH CAROLINA Law and Practice Contributed by: Matt Norton and Christian Kolic, K&L Gates
4.2 Legislative and Governmental Controls Applicable to Design, Appearance and Method of Construction Most jurisdictions have adopted building codes, incorporating construction standards such as required building elevation, general structural matters, loadbearing and wind resistance, and electrical and plumbing requirements. Land dis - turbance and construction permits are required prior to the commencement of construction, and during construction, arrangements must be made for periodic governmental inspec - tions to verify compliance with applicable build - ing codes. Building code compliance is also required in connection with any major refurbish - ment of existing structures. Some, but not all, jurisdictions have architectural review boards or equivalent entities with approv - al rights over the design and exterior appearance Most local governments have planning and zon - ing departments charged with enforcing zoning and land-use regulations and building inspection departments charged with enforcing construc - tion requirements. These regulations typically include permitted uses, lot coverage, setback requirements, and general construction stand - ards. In some rural areas, however, there is no applicable zoning regulation, although building codes will nevertheless be applicable. In addition to general planning and zoning and construction regulation, the construction of “curb cuts” granting physical access to exist - ing public roads requires approval of the appli - cable department of transportation. If there are regulated wetlands on the parcel, approval of the development plans by the US Army Corps of Engineers will generally be required. Approval of new and renovated structures. 4.3 Regulatory Authorities
of water, sewer, and stormwater retention and dispersal requirements is regulated by the South Carolina Department of Health and Environmen - tal Control and local governments. 4.4 Obtaining Entitlements to Develop a New Project Planning and Zoning Departments If the proposed use is consistent with existing zoning codes, then the initial step in develop - ment of property is to obtain approval from the applicable planning and zoning departments of a site plan setting forth the basic layout of the project. The site plan may include (or will be followed by) civil engineering plans show - ing regulated wetlands, stormwater retention and dispersal plans, utility plans such as water and sewage, and building footprints. Additional approvals required in connection with the site plan approval process include approval of storm - water containment and dispersal plans, approval of curb cuts for access to public roads obtained from the applicable department of transporta - tion, and approval of wetlands delineation and impairment by the US Army Corps of Engineers. Architectural Review Board Architectural plans likewise require approval of the applicable planning and zoning department as well as, if applicable, the governing architec - tural review board. Appropriate permits must be issued before land disturbance and the com - mencement of construction. If the project and proposed use of the property conforms to exist - ing zoning requirements, there is generally no formal public input into the permitting process. To the extent the project or the resulting use of the property requires a variance or a zoning amendment, the property owner must comply with a formal application process, requiring, among other things, one or more public hear -
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