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South Carolina State Land Right-of-Way (3-SC-b)

In South Carolina, a developer may need a State Land Easement from the South Carolina Department of Administration (Department of Administration) for projects that cross over, under, or through state-owned property, including marshlands and navigable water. South Carolina Department of Administration – Division of Facilities Management and Property Services, Easements Webpage. The Department of Administration, upon approval from the South Carolina State Fiscal Accountability Authority, is authorized to grant easements and rights-of-way to any person for the construction and maintenance of powerlines, pipelines, water and sewer lines and railroad facilities over, on, or under state-owned vacant lands or marshlands. S.C. Code Ann. § 1-11-80. The Department of Administration has direction over all vacant state lands pursuant to South Carolina – S.C. Code Ann. §§ 1-11-10 – 1-11-780, Administration of the Government, Department of Administration. S.C. Code Ann. § 1-11-70.


State Land Right-of-Way Process

3-SC-b.1 – Contact the South Carolina Department of Health and Environmental Control

The developer should contact the South Carolina Department of Health and Environmental Control prior to initiating the State Land Easement process. The developer must first obtain all other required state and federal approvals before the Department of Administration will approve an Application for a State Land Easement. The developer should consult with the Department of Health and Environmental Control to determine the state approvals required for the proposed project. South Carolina Department of Administration – Division of Facilities Management and Property Services, Easements Webpage.

3-SC-b.2 – Application for State Land Easement

Any person (developer) must submit a complete Application for State Land Easement (Application) to the Department of Administration’s Real Property Services for projects that propose to cross over, under, or through state-owned property, including marshlands and navigable water. South Carolina Department of Administration – Division of Facilities Management and Property Services, Easements Webpage; S.C. Code Ann. § 1-11-80. A complete Application, must include, at minimum the following:

  • Name and address of the person (developer) requesting the State Land Easement;
  • List of permit number(s) and/or authorization(s) corresponding to the proposed activities on land covered by the State Land Easement request (e.g., U.S. Army Corps of Engineers, the South Carolina Department of Health and Environmental Control, and the South Carolina Department of Transportation);
  • Brief description of the person (developer) requesting the State Land Easement;
  • A description of the proposed use of the State Land Easement including any permanent construction or structures and any continuing use such as routine inspection and maintenance activities and the duration and frequency of such activities;
  • A description the desired State Land Easement (dimensions for calculating acreage);
  • A list of property owners immediately adjacent to the State Land Easement and their addresses; and
  • A copy of the U.S. Army Corps of Engineers authorization and all appropriate state certifications and/or authorizations, if applicable.

South Carolina Department of Administration – Application for State Land Easement.

The Application must also include:

  • Two drawings showing the location and dimensions of the State Land Easement, bearing the date, name, signature, registered land survey number, and seal of the surveyor;
  • A copy of easement(s) or other documents (e.g., encroachment permit) authorizing the use of adjacent lands;
  • A copy of U.S. Army Corps of Engineers and/or South Carolina Department of Health and Environmental Control construction permit or correspondence granting construction approval, if applicable; and
  • The applicable fee. The consideration of State Land Easements over marshlands or other navigable waters is $200 per acre or any portion of an acre, plus a $500 administrative fee. The fee for all other State Land Easements not exempt is the appraised value of the easement plus a $500 administrative fee.

South Carolina Department of Administration – Division of Facilities Management and Property Services, Easements Webpage.

For an example of a State Land Easement, see: South Carolina Department of Administration – Sample State Land Easement found on the Department of Administration’s Division of Facilities Management and Property Services, Easements Webpage.

3-SC-b.3 to 3-SC-b.4 – Review Application Materials for Completeness

The Department of Administration’s Real Property Services reviews the Application materials for administrative and technical completeness. The Department of Administration’s Real Property Services will not process an incomplete Application. South Carolina Department of Administration – Application for State Land Easement.

3-SC-b.5 to 3-SC-b.10 – Review Application Materials for Approval

The Department of Administration’s Real Property Services reviews the Application materials for approval. If the Department of Administration’s Real Property Services determines the State Land Easement is necessary and beneficial it presents the Application to the five-member South Carolina State Fiscal Accountability Authority for final approval. The South Carolina State Fiscal Accountability Authority then reviews the Application for final approval. South Carolina Department of Administration – Division of Facilities Management and Property Services, Easements Webpage.

3-SC-b.11 – Appeal Decision (Optional)

A developer or an interested party, such as owners of other facilities within the work areas known to be involved or potentially impacted by the proposed work, may appeal the Department of Administration’s decision for judicial review, within 30 days of the decision’s issuance. S.C. Code Ann. § 1-23-380. An interested party is required to file a notice of appeal in the South Carolina Appellate Court and serve the notice upon the agency and all parties of the record. S.C. Code Ann. § 1-23-380(1).


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Edit South Carolina Department of Administration
Tracy Irvin, Program Manager of Real Property Services 803-737-3031 tracyabbazabbairvin@adminabbazabbascabbazabbagov