Encroachment permits are required for work on the city right of way. Encroachment permits regulate the types of construction methods and materials allowed on County roads in order to maintain the structural integrity of the roads and protect the motoring public from potential dangers posed from unregulated construction on the right-of-way.
An Encroachment Permit is required for work performed within publicly maintained road rights-of-way or easements. Many roads within the City of North Charleston are under the jurisdiction of the South Carolina Department of Transportation (SCDOT). A good starting point to determine if a road is under City or SCDOT jurisdiction is the SCDOT’s Street Finder website located at the following link:
http://www.scdot.org/getting/streetFinder.aspx
City of North Charleston Encroachment Permit
Work within City of North Charleston roads, as well as easements maintained by the City (typically drainage easements), will require an encroachment permit issued by the City.
Encroachment Permit Application
SCDOT Encroachment Permit
Work within SCDOT roads will require an encroachment permit issued by the SCDOT. Information on SCDOT encroachment permits is available at the following link:
http://www.scdot.org/doing/permits_Encroachment.aspx
Other Entities
While the City of North Charleston maintains many roads and drainage easements, there are easements held by other entities, including many utility providers, such as water, sewer, power, telecommunications providers, and other utilities. These utilities may also require a permit for work within their easements. Please contact the utility provider for information on their permitting requirements.
Call before you Dig
Anyone proposing to excavate, dig, bore, tunnel, blast, or disturb the earth in any manner in which buried facilities may be damaged is required to call SC811 at 811 or (888) 721-7877 between the hours of 7:30 am (EST) and 5:30 pm (EST), Monday through Friday, allowing 3 full working days (not including the day of the call) before starting the proposed work. For more information please visit the SC811 website at http://www.sc1pups.org/
City of North Charleston Applications for Encroachment Permit should be submitted the Public Works department at 5800 Casper Padgett Way, North Charleston, SC, 20406. For more information or questions regarding Encroachment Permits, please contact the Public Works Department at (843) 745-1026
Provisions, Terms, Conditions, and Restrictions
1. PERMITTEE: The word “Permittee” used herein shall mean the name of the person, firm or corporation to whom this permit is issued, his, her, its heirs, successors and assigns.
2. FUTURE MOVING OF ENCROACHMENT: The Department hereby reserves the right to order the change of location or the removal of any facilities authorized by this permit at any time, said changes or removal to be made at the sole expense of the party or parties to whom this permit is issued or their successors and assigns. All such changes, reconstruction, or relocation by the Permittee shall be done in such manner as will cause the least interference with any of the Department’s work, and the Department shall in no wise be held liable for any damage to the Permittee by reason of any such work by the Department, its agents or representatives, or by the exercise of any rights by the Department upon roads, streets, public places, or structures in question.
3. PROTECTION OF TRAVELING PUBLIC: Adequate provisions shall be made for the protection of the traveling public at all times, that during the progress of the work all necessary detours, barricades, warning signs and watchmen shall be provided by and at the expense of the Permittee. The permittee shall comply with the Manual on Uniform Traffic Control Devices as revised to and in effect on the date of the issuance of this permit that is made a part hereof by reference.
a) Except as herein authorized, no excavation shall be made or obstacle placed within the limits of the right-of-way in such a manner as to interfere with the travel over said road.
b) On completion of said work herein contemplated, all rubbish and debris shall be immediately removed and the roadway and roadside shall be left neat and presentable and satisfactory to the Department.
c) All existing manholes and valve boxes are to be adjusted to be flush with finished grade.
4. RESPONSIBILITY: The applicant hereby agrees, and binds his heirs, successors, assigns, to assume any and all liability this Department might otherwise have in connection with accidents or injuries to persons, or damage to property, including the highway, that may be caused by the construction, maintenance, use, moving or removing, of the physical appurtenances contemplated herein and agrees to indemnify this Department for any liability incurred or injury or damage sustained by reason of the past, present, or future existence of said appurtenances.
a) The permittee is to be responsible for any damage to existing utilities and any utility modifications or relocation’s within right- of-way which are necessary, as determined by the department or by the owner of the utility, are to be at the expense of the permittee and subject to the approval to the Department. Any trees, shrubbery, or landscaping damaged shall be replaced as directed by the Department.
b) The permittee shall be responsible for the proper replacement of any driveways, driveway pipes or sidewalks that are disturbed during this work. Drainage on shoulders, ditches or otherwise on the right-of-way shall not be obstructed, and shall remain operative.
c) If at any time in the future, this installation should become damaged due to normal maintenance or road work by the Department, the permittee shall be responsible for all repairs, and cost of repairs that may arise from such damage.
d) The party or parties to whom this permit is issued shall maintain at its or their sole expense the structure or object for which this permit is granted in a condition satisfactory to the Department.
e) The said encroachment will not infringe on the frontage rights of an abutting owner without written consent of the said owner. (This does not apply to utilities which serve the general public)
f) The work permit or permit for construction as issued does not in any way imply an easement on private property.
g) Permittee is responsible for maintaining reasonable access to private driveways during construction.
5. PERMIT SUBJECT TO INSPECTION: This permit shall be kept at the site of the work at all times while said work is underway and must be shone to any representative of the City Engineering Department or Law Enforcement Officer on demand.
6. STANDARDS OF CONSTRUCTION: All work shall conform to recognized standards of construction and shall be performed in a workmanlike manner. No pavement shall be cut, no tunneling shall be permitted and no excavation shall be made nearer than two feet to the edge of any type of pavement unless specifically authorized herein. All trenches within the limits of the Roadway shall be backfilled with suitable material and thoroughly tamped in layers not greater than six inches in thickness. All pipes, conduits, cables, ets., shall have a minimum cover of 30 inches. All work shall be subject to the inspection and satisfaction of the Department.
a) Wherever topsoil and sod are disturbed they shall be reposed and maintained satisfactorily until the turf is established.
7. RESCINDING OF PERMIT: Upon a violation of any of the provisions of this permit, the Department may revoke, amend, or cancel the permit by giving notice to the permittee in writing to remove from the right-of-way any facilities placed thereon within a reasonable time as set forth in the notice.
a) The permit is valid through the stated expiration date. If work is not completed within the allotted time, the permit is automatically canceled unless an extension is requested prior to the expiration date and said request is approved by the Department. If a permit is canceled, a new application must be submitted and approved before the proposed work can be accomplished.
8. NOTIFICATION OF START OF WORK: The permittee shall notify the Department five (5) working days preceding the beginning of any work activity.
9. NOTIFICATION OF END OF WORK: The permittee shall notify the Department that the work is complete and this notice is to be provided within seven (7) days from completion of all work on the permit.
10. BEAUTIFICATION WORK: All trees, plants, flowers, etc., shall be taken care of by and at the expense of the permittee and the provisions of this letter shall become null and void if and when said permittee ceases to take care of said trees, plants, flowers, etc.