DISCLAIMER: The South Carolina Department of Administration can ONLY grant easements for state-owned property. Questions about private property easements, should be handled by the land owners and/or a real estate attorney.
Any easements requested across, over, under or through state-owned property, including marshlands, require the approval of the South Carolina Department of Administration (Admin) and approval of the State Fiscal Accountability Authority (SFAA) in accordance with the 2022 SFAA Easement Policy (Policy).
If an applicant is seeking a state easement in connection with a permit application, the request for approval of the state easement is the final step in the permitting process. All other required permits must be obtained prior to requesting Admin and SFAA approval. Since applicants may be subject to multiple permit requirements, early contact with Department of Health and Environmental Control (DHEC) should be incorporated into the planning stage of the project so as to allow for adequate time to seek appropriate permits and approvals prior to submitting the state easement application.
To begin the process of requesting an easement, applicants must submit a completed easement application electronically to Real Property Services at RPS@admin.sc.gov. This application must be accompanied by:
- Electronic drawings showing the location and dimensions of the easement and bearing the date, name, signature, RLS number and seal of the surveyor.
- Copies of easements or other documents (i.e., encroachments permit) authorizing the use of adjacent lands.
- A copy of the U.S. Army Corps of Engineers and/or the DHEC construction permit or correspondence granting construction approval.
- As set forth in item 6 of the Policy, written justification explaining what alternatives to an easement were considered (e.g., lease or license) and why those alternatives were determined insufficient.
- Written explanation that justifies the proposed duration of the easement. The duration of easements will be limited to no more than fifty years absent exceptional and compelling circumstances.
In addition to the electronic application and documents referenced above, applicant must deliver or mail the following to: Real Property Services, 1200 Senate Street, Sixth Floor, Columbia, SC 29201:
- Two original drawings showing the location and dimensions of the easement and bearing the date, name, signature, RLS number and seal of the surveyor.
- Six 24”x36” drawings showing the location and dimensions of the easement and bearing the date, name, signature, RLS number and seal of the surveyor.
Real Property Services will confirm with agency controlling impacted real property that they do not object to easement request and review and assess all easement requests. After applicant and Admin have come to an agreement regarding the easement terms, applicant must, if required, obtain an easement appraisal in accordance with the Policy.
Upon receipt of a complete easement application, including required appraisals, drawings and mutual agreement of easement terms, Admin will present easement requests to SFAA for final approval at its next regularly scheduled meeting for which the deadline for the submission of easement items has not passed.
Upon receipt of all required approvals and the Administrative Fee and the Easement Value, as defined in the Policy to Admin, unless otherwise exempt, easements will be granted in accordance with the Policy. Effective June 28, 2022, the current Administrative Fee is $700.