South Carolina Law

As a canoe or kayak enthusiast in Berkeley County, your rights and privileges as a paddler are protected by the State of South Carolina. This is not true for all states. South Carolina has taken a positive stance to ensure that the waterways of the state will always be available for public use.

The state of South Carolina has established law declaring “Navigable Waters” as public trust properties, protected by the State and held in trust for the use of the public. This includes all waters now navigable, or previously navigable, or those that would be rendered navigable by removal of accidental obstructions, by rafts of lumber or timber or by small pleasure or sport fishing boats. If the water will bear a canoe or kayak with paddler at normal water levels, it would be considered Navigable Waters by the intent of this law.

In addition, those properties from the normal high water mark to the waters bottom are considered public property.

In the case of some rivers such as the Santee River, the state’s ownership of these waters can provide properties for public use, including camping, swimming and fishing below the normal high water mark of the river. Generally these waters will be at their lower stages, providing sufficient areas for camping immediately along the banks during the summer months or any periods of lower water levels. That section of the Santee River from Wilsons Landing to Highway 52 would be considered ideal for an overnight camping trip on the river. Properties along this section of the river are privately owned. At the lower river stages there is more than ample “public properties” along the banks for camping. Keep in mind that you are not authorized to cross private properties to access these areas but you may access them via water craft from public access points on the rivers. As always, ensure you leave your camping area as you find it and respect private properties.

It's the Law!