Planning commissioners ask staff to review encroachment penalties, permit process after discussion of driveway rules

After discussing differences between Oconee County practice and a Pickens County example, the planning commission directed staff Dec. 1 to review encroachment-permit penalties and to document the enforcement process.

County staff described the typical encroachment workflow: an applicant places flags where they want a driveway, staff inspects sight distance and drainage, and the county reviews whether any culvert or apron is needed. Staff said the county previously installed culverts and aprons but stopped at some point; now owners generally must install or pay for them to county standards.

A commissioner questioned an ordinance provision that imposes a $500-per-day civil fine after a 90-day deadline for violations of the encroachment-permit policy. "Why is it $500 a day after the 90 days?" the commissioner asked. Staff said the fine is meant to address hazards in the right-of-way (open holes, piles of dirt) rather than mere delays in completing approved work, and that the county has rarely used the penalty. Staff agreed to verify whether the $500 daily amount is consistent across ordinance sections.

The commission approved a motion directing staff and the county attorney to check the civil-penalty language in section 26.7 for consistency with other sections and to return with documentation describing how a civil penalty would be initiated (who initiates enforcement and whether a hearing is required). Commissioners also asked that information about the initiation process be included in the documentation to ensure owners have due process and notice.