South Carolina

Recreational Use/Recreational Trespass Laws

Code 1976 27-3-10 through 27-3-70

§ 27-3-20. Definitions

As used in this chapter:

(a) “Land” means land, roads, water, watercourses, private ways and buildings, structures, and machinery or equipment when attached to the realty.

(b) “Owner” means the possessor of a fee interest, a tenant, lessee, occupant or person in control of the premises.

(c) “Recreational purpose” includes, but is not limited to, any of the following, or any combination thereof: hunting, fishing, swimming, boating, camping, picnicking, hiking, pleasure driving, nature study, water skiing, summer and winter sports and viewing or enjoying historical, archaeological, scenic, or scientific sites.

(d) “Charge” means the admission price or fee asked in return for invitation or permission to enter or go upon the land.

(e) “Persons” means individuals regardless of age.

§ 27-3-30. Duty of care

Except as specifically recognized by or provided in § 27-3-60, an owner of land owes no duty of care to keep the premises safe for entry or use by persons who have sought and obtained his permission to use it for recreational purposes or to give any warning of a dangerous condition, use, structure, or activity on such premises to such persons entering for such purposes.

§ 27-3-40. Effect of permission to use property for recreational purposes

Except as specifically recognized by or provided in § 27-3-60, an owner of land who permits without charge any person having sought such permission to use such property for recreational purposes does not thereby:

(a) Extend any assurance that the premises are safe for any purpose.

(b) Confer upon such person the legal status of an invitee or licensee to whom a duty of care is owed.

(c) Assume responsibility for or incur liability for any injury to person or property caused by an act of omission of such persons.

§ 27-3-60. Certain liability not limited

Nothing in this chapter limits in any way any liability which otherwise exists:

(a) For grossly negligent, willful or malicious failure to guard or warn against a dangerous condition, use, structure, or activity.

(b) For injury suffered in any case where the owner of land charges persons who enter or go on the land for the recreational use thereof, except that in the case of land leased to the State or a subdivision thereof, any consideration received by the owner for such lease shall not be deemed a charge within the meaning of this section.

§ 27-3-70. Construction

Nothing in this chapter shall be construed to:

(a) Create a duty of care or ground of liability for injury to persons or property.

(b) Relieve any person using the land of another for recreational purposes from any obligation which he may have in the absence of this chapter to exercise care in his use of such land and in his activities thereon, or from the legal consequences of failure to employ such care.

Financial Incentives for Public Access

Property Tax Incentives:
Current Use Programs: 

Statute: § 12-43-220 Code of Laws.

Method of Assessment: South Carolina taxes agricultural land on “fair market value” for use as agricultural land. Also applies to timber with conditions on soil quality.

Application: To qualify for agricultural classification, a written application must be filed by the current owners or their agents by May 1 of the tax year in which the special assessment is claimed.

Plan: N/A

Penalty: Roll-back taxes are calculated at an amount equal to the difference, if any, between the taxes paid or payable on the basis of the valuation and the assessment authorized hereunder and the taxes that would have been paid or payable had the real property been valued, assessed, and taxed as other real property in the taxing district, in the current tax year (the year of change in use) and each of the five tax years immediately preceding in which the real property was valued.

Current Use Taxation for open-space land: 

South Carolina has no current use taxation to promote open space or recreation.

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Tax incentive specifically for providing access: 

South Carolina has no tax incentives to provide access.

Tax Incentive when land is subject to Conservation Easement: 

South Carolina has tax incentives for land subject to conservation easements.

Statute: S.C. Code § 27-8-70.

Valuation: For ad valorem tax purposes real property that is burdened by a conservation easement must be assessed and taxed on a basis that reflects the existence of the easement.

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Income Tax: 

South Carolina provides a tax credit for the donation of land or a conservation easement donated for conservation purposes.

Statute: S.C. Code § 12-6-3515 – Credit for conservation or qualified conservation contribution of real property.

Program: The first requirement is that the landowner with an easement must have filed for a charitable gift deduction under section 170(h) of the federal income tax code, which includes conservation of open space or outdoor recreation. The landowner may then qualify for up to 25% of the appraised fair market value, not to exceed $250 per acre and not to apply to more than $52,500 per tax year, but the carry-over period is infinite. The credit is fully transferable for consideration or no consideration. Forestry practices are not prohibited on donated land if they meet Best Management Practices. The credit may not be applied for land donated for golf.

Tax: 3% to 7% (depending on income).

Enacted: 2000

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Hunter Access Program: 

No programs classified as “state administrated walk-in hunter access programs” were identified in this state via general internet search. However, for more accurate information regarding this state’s hunter access programs or efforts, please view the Hunting Heritage Action Plan Hunter Access Program Assessment Survey Report.

Case Law

Brooks v. Northwood Little League, Inc. (S.C.App. 1997) 327 S.C. 400, 489 S.E.2d 647

-Recreational use statute barred spectator's claims against little league, school, and school district for injuries sustained in trip and fall on grounds of school while attending T-ball game; T-ball qualified as “summer sport” for purposes of recreational use statute and spectator's permission to attend game was clearly implied by lack of admission fee.

Corbett v. City of Myrtle Beach, S.C. (S.C.App. 1999) 336 S.C. 601, 521 S.E.2d 276

-Contractor whose franchise agreement with city required contractor to furnish lifeguards for city-owned beach front was not “occupant” or “person in control of the premises,” and thus, contractor was not “owner” and was not entitled to protection under Recreational Use Statute in wrongful death action arising from drowning; franchise agreement reserved to city considerable control over contractor's operations, going so far as to schedule lunch breaks for lifeguards and provide specifications for guard towers, and contractor lacked power to either provide or prevent public access to beach.

Cole v. South Carolina Electric and Gas, Inc. (S.C.App. 2003) 355 S.C. 183, 584 S.E.2d 405

-Landowners owe no duty of care to keep the premises safe for recreational users and need not give any warning of a dangerous condition, use, structure or activity on the property.
-Parking fee paid by driver of vehicle in which swimmer was passenger was not “charge” for swimmer's right to use swimming area of lake, within meaning of exception to immunity from liability under Recreational Use statute for injury to invitees or licensees that were charged by landowner for recreational use thereof, where not everyone in vehicle had to pay for admission to swimming area, and persons who walked or rode bicycles to swimming area were not charged admission.

Chrisley v. U.S. (D.C.S.C. 1985) 620 F.Supp. 285

-Landowner's failure to post sign warning fishermen that they may fall from rocks along shoreline into river below does not constitute grossly negligent, willful, or malicious conduct.