Annexation

If you are interested in Annexing into the City of North Charleston, please call 843-740-2531.

Three primary methods to annex property

100 percent ordinance

Requirements:

  • Petition submitted signed by 100 percent of property owners
  • Council accepts petition
  • Adopts ordinance
  • Files notice with Secretary of State, SCDOT and Department of Public Safety
  • Public hearing not required

75 percent petition/ordinance

Requirements:

  • Petition – 75 percent freeholders owning 75 percent assessed valuation
  • Must be dated before first signature
  • Contain description and plat of area
  • Must state code section
  • Filed with governing body
  • Council agrees to accept petition
  • 30-day public notice and public hearing are required

25 percent petition/election

Requirements:

  • Petition signed by 25 percent of the "qualified electors" who must be residents within the area to be annexed
  • Description of area to be annexed
  • Code section authorizing the annexation method (5-3-300)
  • County Election Commission must conduct election and certify results
  • If election is successful, the city must provide public notice and allow 30 days for public reaction which may require an additional referendum in the city.

Key Terms

Contiguity: Property adjacent to a municipality that shares a continuous border not established by a road, waterway, right of way, easement, railroad track, marshland or utility line which connects one property to other, unless the property would touch if the intervening connector was removed. Key point: The intervening connecter does not destroy contiguity.

Freeholder: A firm or person at least 18 years old owning at least one-tenth of the property to be annexed.

Annexation notifications

A notice containing a written description of the boundary and a map or plat clearly defining the new territory must be filed with the Secretary of State, Department of Transportation and Department of Public Safety. S.C. Code §5-3-90.

The office of the Secretary of State is the repository for incorporation records and boundary adjustment records. The Department of Transportation produces highway maps which reflect municipal boundaries. The Department of Public Safety uses the information to determine who has law enforcement jurisdiction.

Send notices to:

Donald E. McElveen, Jr.
Manager, GIS/Mapping
SCDOT
PO Box 191
Columbia, SC 29202-0191

The Department of Transportation has a checklist requesting tax map numbers, a surveyor’s plat or written description, a tie point identified on a map, statement of portions of SCDOT rights-of-way included or excluded, and a summary listing of parcels annexed by ordinance numbers and tax map numbers. Documents not needed by SCDOT are annexation petitions, zoning information, council meeting minutes, notices and demographic information.

Although not required by the annexation statutes, the annexation notice should be filed with other interested or affected agencies, including the following:

  • All municipal departments; municipal judges; chief magistrate;
  • County Administration, Sheriff, Clerk of Court, Assessor, Auditor, and Treasurer; 
  • 911 and emergency services; SLED; 
  • County board of voter registration, county and municipal election commissions; 
  • School and special purpose districts; private service providers; utility franchisees; 
  • SCDOT district engineer; county engineer; and 
  • Other interested agencies. [Voting Rights Act § 5 Submission is treated separately.]

 

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