Annexation

2025-2026 Regular Session Introduced by Phillip Bowers

Counties can ban annexation until a comprehensive infrastructure impact study and an approved mitigation plan are completed.

Referred to Committee on Judiciary

Summary of Bill H 5742 (Session 2025-2026) – Annexation

Purpose and intent

The bill would authorize county governments in South Carolina to restrict annexation by municipalities or other political subdivisions within the county.

Specifically, it allows a county council to prohibit annexation until a comprehensive infrastructure impact study and a mitigation plan have been completed and approved.

Key provisions and changes

New statutory addition: Section 4-9-125.

A county governing body may adopt an ordinance prohibiting annexation within the county by a municipality or any other political subdivision of the state.
The prohibition remains in effect until:
A comprehensive infrastructure impact study is prepared, and
A mitigation plan is prepared and submitted to, and approved by, the county governing body.

Effective date: The act takes effect upon approval by the Governor.

Who/what is affected

County governments (boards of county commissioners) would gain a new tool to regulate annexation activity within their borders.

Municipalities and any other political subdivisions seeking to annex land within a county could be restricted by such an ordinance.

The decision would hinge on the county’s ability to require and approve an infrastructure impact study and a mitigation plan before annexation proceeds.

Procedural and timeline aspects

Process for adoption:

A county governing body can adopt an ordinance prohibiting annexation.
The prohibition would persist until the county approves both: 1) A comprehensive infrastructure impact study, and 2) A mitigation plan.

Effective date:

The bill becomes law after gubernatorial approval.

Legislative status (as of the provided record):

Introduced and read first time on 2026-06-25.
Referred to the Committee on Judiciary for consideration.

Notes for readers

The bill does not prescribe the contents or standards of the infrastructure impact study or mitigation plan beyond requiring a “comprehensive” study and an approved mitigation plan by the county.

It does not specify timelines for completing the study or plan, aside from the ongoing prohibition on annexation until approval is granted.

As a new local-option tool, adoption would depend on county appetite, existing annexation policies, and the administrative capacity to conduct and approve the required analyses.

If you’d like, I can add a brief comparison to existing annexation processes in South Carolina or outline potential implications for specific county scenarios.