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Town attorney: state statute on highway parking does not limit town-owned beach lots

Hilton Head Island Community Services and Public Safety Committee · August 19, 2024
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Summary

Town attorney Curtis Coltrane told the committee that the state statute cited (Title 57, Ch. 5, §8‑45) applies to parking on state highway rights-of-way and eligible beach nourishment sites and does not reach the town’s parking on town-owned property, meaning the statute does not bar the town from implementing the proposed paid program on its own lands.

The committee asked whether a cited state statute constrained the town's authority to impose paid parking. Town attorney Curtis Coltrane reviewed the statute on the record and said it applies to parking facilities within state highway right-of-way that are eligible for beach nourishment funds, not to municipal property. He told the committee the town's beach parking is on town‑owned real estate and is not covered by that statute.

Coltrane said the highway department therefore “doesn't have anything to say about what the town does on its own property,” and recommended the committee rely on the town's internal code and administrative penalty structure to enforce paid‑parking rules rather than the cited state statute. The committee accepted the clarification for record purposes and proceeded with policy deliberations.