Under state law, cities and towns in South Carolina generally control the naming, layout and permanent closure of streets and roads within their limits.
Streets and the city’s official map
Before the Comprehensive Planning Act of 1994, the SC Code of Law’s Title 6, Chapter 7, contained South Carolina’s basic planning laws. Although most of that chapter was repealed, some provisions survived, including the authorization for municipalities to establish an official map. Under SC Code Section 6-7-1210, an official map is “a map or maps showing the location of existing or proposed public street, highway, and public utility rights-of-way … ”
The Comprehensive Planning Act contains a related provision on streets. It authorizes a planning commission to prepare and recommend “an official map and appropriate revision on it showing the exact location of existing or proposed public street, highway, and utility rights-of-way, and public building sites … ”
Because of these two provisions, a municipality’s official map reflects, among other things, the layout and naming of the entire municipal street network. Once a street is recognized and named on the official map, it can be changed only through action by the planning commission and the city or town council.
Naming and renaming streets
Under SC Code Section 6-29-1200, a planning commission must approve and authorize the name of any new street before it appears on a plat, deed or sign.
The same statute gives the planning commission the authority, after reasonable notice, to rename streets “to avoid confusion or duplication,” or “for any other good and just reason.” An important aspect of the process not directly addressed by the law is for the planning commission to review proposed road names with E911 to make sure that the name is not a duplicate or phonetically similar to another name inside the E911 response area. This could involve checking with other cities or the county government.
Municipal councils may adopt ordinances that establish internal naming procedures, but approval by the planning commission is the official mechanism for adopting or changing a street name.
Municipalities sometimes designate an honorary or ceremonial name for a portion of a street without changing the street’s legal name. When the intent is solely commemorative and does not alter the official street name for purposes of plats, deeds or addressing, such designations may be adopted by either resolution or ordinance.
Closing physical or “paper” streets
South Carolina law provides two separate methods for closing a street, whether it is physically open, or is a “paper” street that has not been opened and exists only on a recorded plat. Consulting with E911 helps ensure that there are no safety issues with closures.
- Municipal closure by ordinance, SC Code Section 5-27-150 – This statute authorizes municipalities with more than 5,000 residents to “open, close, widen, or alter streets” when council determines it is “necessary for the improvement of the city.” This is a legislative act and can be done by ordinance after any notice or hearing required by local policy. Upon adoption of the ordinance, the street is formally closed. Note that this method does not resolve any underlying real property issues and does not foreclose claims that other parties may have an interest in the street. These could include neighboring landowners or the entity — whether the state or the county — that owns and maintains the street. As such, this method is appropriate only for uncontested closings of municipally owned streets.
- Judicial closure, SC Code Section 57-9-10 through-30 – For more complicated situations, any “interested person,” including a municipality or abutting landowner, may petition the circuit court to close a street, “whether opened or not.” The petitioner, before filing the petition, must publish notice in a newspaper once a week for three consecutive weeks, and mail notice to all abutting owners. If the court orders closure, it may also resolve any underlying real property issues, and declare what person or entity owns the underlying property. The judicial procedure is especially useful for paper streets, old subdivision plats or real property with an unclear title.
The South Carolina Supreme Court has held that municipal authority and judicial authority in street closure matters are concurrent, not exclusive. In the 1992 case First Baptist Church of Mauldin v. City of Mauldin, the Court confirmed that a city may close a street by ordinance, but a court may also close the same street under Section 57-9-10 and must determine title under Section 57-9-20.
Because the judicial route resolves property interests and provides formal notice to all affected owners, it’s often the safer option when there is any doubt about ownership or access rights.
Follow the rules and ask questions
When naming or renaming a street, remember that planning commission approval is required to make the name official.
Before closing a street, ask whether anyone else may have an interest in the right-of-way. If the answer is uncertain, the judicial process is usually the safer path because it clears up notice and ownership issues. Using the right tool at the right time helps avoid disputes and keeps the community’s street network accurately documented.