Fence laws in South Carolina
What South Carolina statutes and statewide codes say about fences, one topic at a time, with the section number and a link to the document behind every line.
Fence laws in South Carolina, question by question
The short version
- Who pays on the line
- South Carolina has no statute splitting the cost of a fence on the boundary. The chapters that were read are listed below. Cities and counties decide this one.
- How tall
- South Carolina sets no maximum fence height. The chapters that were read are listed below. Cities and counties decide this one.
- Permits
- South Carolina writes no building code of its own.
- Pool barriers
- South Carolina fences every outdoor public swimming pool. The figure is 4 feet, for minimum fence height around an outdoor Type B, C, D or F public swimming pool.
- Spite fences
- South Carolina has no spite fence statute. The chapters that were read are listed below. Cities and counties decide this one.
- Measured from what
- South Carolina leaves the measuring rule to the zoning ordinance of a municipality or county.
- Corner lots
- South Carolina leaves corner clearance to municipal and county governing bodies under the South Carolina Local Government Comprehensive Planning Enabling Act.
- Retaining walls
- South Carolina leaves retaining walls to the 2021 International Residential Code, published by the International Code Council, whose Sections R105.2 and R404 South Carolina leaves unchanged. It reaches one and two family dwellings only.
- Materials
- South Carolina restricts no fence material. The chapters that were read are listed below. Cities and counties decide this one.
- Livestock
- South Carolina puts the duty on the animal owner.
Who owns the fence between two properties in South Carolina?
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South Carolina law has no rule about this. The chapters that were read are listed below. Cities and counties decide it instead.
South Carolina has no statewide law about a fence on the line. The Code of Laws never says how two neighbors split the cost of a fence on a shared line, and it sets no notice steps before one goes up. A phrase search of the whole Code of Laws returns nothing for partition fence, division fence, boundary fence, lawful fence, joint expense or fence viewers. Splitting that cost is left to a private agreement between the neighbors and to local rules.
Documents read before writing that:
- S.C. Code Title 47, Chapter 7South Carolina General Assembly
- S.C. Code Title 46, Chapter 1South Carolina General Assembly
- S.C. Code Title 27South Carolina General Assembly
How tall can a fence be in South Carolina?
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South Carolina law has no rule about this. The chapters that were read are listed below. Cities and counties decide it instead.
South Carolina sets no statewide limit on how tall a fence at a house can be. Title 6, Chapter 9 hands the choice of a building code to the Building Codes Council and says nothing about the height of a yard fence, and Title 27 has no fence chapter at all. Cities and counties set the height.
Documents read before writing that:
- S.C. Code Title 6, Chapter 9South Carolina General Assembly
- S.C. Code Title 27South Carolina General Assembly
Do I need a permit for a fence in South Carolina?
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South Carolina answers this in its own law. The words that do it are quoted below.
South Carolina writes no building code of its own. Section 6-9-50 directs the South Carolina Building Codes Council to adopt the latest International Code Council codes by reference, the residential code among them, and section 6-9-10 makes every city and county in the state enforce them. So the fence permit exemption sits inside that adopted residential code. The code is sold by the International Code Council and is not posted on a South Carolina state site, so the exemption wording is not quoted here.
The council shall adopt by reference and amend only the latest editions of the following nationally recognized codes and the standards referenced in those codes for regulation of construction within this State: building, residential, gas, plumbing, mechanical, fire, and energy codes as promulgated, published, or made available by the International Code Council, Inc. and the National Electrical Code as published by the National Fire Protection Association.
Pool fence requirements in South Carolina
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South Carolina answers this in its own law. The words that do it are quoted below.
South Carolina fences every outdoor public swimming pool. A Type A or Type E pool takes a chain link fence or equal barrier at least six feet tall. A Type B, C, D or F pool takes a fence at least four feet tall, measured from the outside of the pool area. Gates latch on their own and can be locked, and no gap in the fence may let a four inch ball through. The rule is health regulation R.61-51 and it covers public pools.
All outdoor Type "B", "C", "D" and "F" public swimming pools (including the deck area) shall be enclosed by a minimum four foot fence as measured from the exterior of the pool area.
4 ftminimum fence height around an outdoor Type B, C, D or F public swimming pool
Spite fence laws in South Carolina
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South Carolina law has no rule about this. The chapters that were read are listed below. Cities and counties decide it instead.
South Carolina has no spite fence law. The word spite does not appear anywhere in the Code of Laws, and no section limits a fence built to annoy a neighbor or sets a height that triggers one. A claim of that kind would rest on court rulings or a city ordinance.
Documents read before writing that:
- S.C. Code Title 27South Carolina General Assembly
- S.C. Code Title 46, Chapter 1South Carolina General Assembly
How fence height is measured in South Carolina
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South Carolina does not set this. It leaves it to the zoning ordinance of a municipality or county.
South Carolina sets one fence height in state law and never says six feet from what. The solar energy facility standards in the planning chapter require a perimeter fence of at least six feet, with no measuring point attached to it. For every other kind of property the answer is local. Section 6-29-720 lets a city or county zoning ordinance control the size, location, height, bulk and orientation of buildings and other structures, and that ordinance is where the measuring point is written.
the size, location, height, bulk, orientation, number of stories, erection, construction, reconstruction, alteration, demolition, or removal in whole or in part of buildings and other structures, including signage
The code hands this to the zoning ordinance of a municipality or county, which is not published in the code itself.
Fence rules for corner lots in South Carolina
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South Carolina does not set this. It leaves it to municipal and county governing bodies under the South Carolina Local Government Comprehensive Planning Enabling Act.
South Carolina draws no corner triangle of its own. Chapter 6-29 writes the zoning grant broadly and lets each city and county fill it in. The grant covers the size, location and height of structures and signs, the size of yards and open spaces, and site plan items such as landscaping and curb cuts. A corner triangle fits inside that list.
Within each district the governing body may regulate: (1) the use of buildings, structures, and land; (2) the size, location, height, bulk, orientation, number of stories, erection, construction, reconstruction, alteration, demolition, or removal in whole or in part of buildings and other structures, including signage;
The code hands this to municipal and county governing bodies under the South Carolina Local Government Comprehensive Planning Enabling Act, which is not published in the code itself.
Retaining wall rules in South Carolina
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South Carolina does not set this. It leaves it to the 2021 International Residential Code, published by the International Code Council, whose Sections R105.2 and R404 South Carolina leaves unchanged.
South Carolina writes no retaining wall rule of its own. The Building Codes Council adopts the 2021 International Residential Code and lists every change it made to that code, section by section, in Regulation Chapter 8. That list of changes was read end to end. It covers wind design, seismic design, fire separation, definitions and other items, and it never touches Section R105.2, the list of work that needs no permit, or Section R404, which covers foundation and retaining walls. So the rule that applies here is the model code text, which is sold by the International Code Council and is not printed on a South Carolina state site.
This code is identical to the 2021 Edition of the International Residential Code except for the following modifications:
The code hands this to the 2021 International Residential Code, published by the International Code Council, whose Sections R105.2 and R404 South Carolina leaves unchanged, which is not published in the code itself.
Fence materials allowed in South Carolina
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South Carolina law has no rule about this. The chapters that were read are listed below. Cities and counties decide it instead.
South Carolina never says what a fence may be built from. There is no fence chapter and no definition of a lawful fence. The two chapters closest to the question were read end to end. The stray and trespassing livestock chapter deals with catching, holding and selling loose animals and with who pays for the damage they do, and it never says what a fence is made of. The general agriculture chapter is a list of offenses and has nothing on fences. Neither one mentions barbed wire, razor wire or an electric fence.
Documents read before writing that:
- S.C. Code 47-7-10 to 47-7-170South Carolina Legislature
- S.C. Code 46-1-10 to 46-1-160South Carolina Legislature
Livestock and boundary fence law in South Carolina
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South Carolina answers this in its own law. The words that do it are quoted below.
South Carolina puts the duty on the animal owner. An owner or manager may not let a domestic animal of any kind get past the edge of the land they own, lease, occupy or control, whether on purpose or through carelessness. Each offense carries a fine of up to twenty five dollars or up to twenty five days in jail.
It shall be unlawful for the owner or manager of any domestic animal of any description wilfully or negligently to permit any such animal to run at large beyond the limits of his own land or the lands leased, occupied or controlled by him.
Also on agricultural fencing in South Carolina
- set in state lawA damages claim in South Carolina does not depend on a fence. When a domestic animal is found on land belonging to somebody else, the owner of that animal owes all the damage plus the cost of catching and keeping it, and the animal itself stands as security for that debt ahead of other claims. The landowner or tenant may seize a trespassing animal and hold it. S.C. Code 47-7-130South Carolina · Statute
- no rule, documents checkedSouth Carolina never describes a lawful fence. Title 47 has no fence chapter, and its livestock chapter runs from stray animals through trespassing stock to impounding without setting a height, a wire count, a board count or a post spacing. Title 46, the agriculture title, has no fence chapter either. The gap leaves no hole, because damages for a trespassing animal in South Carolina never turned on an enclosure, so there was nothing for a fence standard to measure. S.C. Code Title 47, Chapter 7South Carolina · Statute
Cities in South Carolina
7 cities with their own fence rules read from the city’s own code. Where a city says nothing on a topic, the state answer above is what applies.
Documents behind this page
9 documents, each read on the date shown. Nothing on this page rests on a summary of one.
- South Carolina General AssemblySouth Carolina Code of Laws, Title 47, Chapter 7, Estrays; Livestock Trespassing or Running at Large
- South Carolina General AssemblySouth Carolina Code of Laws, Title 46, Chapter 1, General Provisions; Offenses
- South Carolina General AssemblySouth Carolina Code of Laws, Title 27, Property and Conveyances, chapter list
- South Carolina General AssemblySouth Carolina Code of Laws, Title 6, Chapter 9, Building Codes
- South Carolina Department of Environmental ServicesSouth Carolina Code of Regulations, R.61-51, Public Swimming Pools
- South Carolina LegislatureSouth Carolina Code of Laws, Title 6, Chapter 29, South Carolina Local Government Comprehensive Planning Enabling Act of 1994
- South Carolina Building Codes CouncilSouth Carolina Code of Regulations, Chapter 8, International Residential Code
- South Carolina General AssemblySouth Carolina Code of Laws, Title 47, Animals, Livestock and Poultry, chapter list
- South Carolina General AssemblySouth Carolina Code of Laws, Title 46, Agriculture, chapter list
What this page does not cover
Everything above is state law. Fence height, setback, corner visibility and materials are set by city and county ordinance in almost every state, and a local rule can be far stricter than the statewide default. A parcel can also carry an easement, an overlay district, a fire hazard zone or a recorded HOA restriction, none of which appear in a statute.
This is general information drawn from published government documents. It is not legal advice, statutes are amended, and the date beside each finding is the date the document was read. How findings are made · What the terms mean