South Carolina Code of Regulations
Chapter 63 - DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION
Article 9 - BUS SHELTERS
Section 63-802 - General Standards for Bus Shelters

Universal Citation: SC Code Regs 63-802

Current through Register Vol. 48, No. 3, March 22, 2024

A. Bus shelters, including those on which commercial advertisements are placed, may be erected and maintained on the rights-of-way of public roads subject to the following conditions and requirements:

(1) Any person wishing to erect and maintain a bus shelter on the right-of-way of a public road shall apply to the Department for a permit, and as a condition of the issuance of the permit, the Department must approve the bus shelter building plans and the location of the bus shelter on the right-of-way; provided, however, that such approval is subject to any and all restrictions imposed by Title 23 of the United States Code, and Title 23, Code of Federal Regulations relating to the federal aid system, traffic standard rules and regulations of the Department, and State and Local laws.

(2) If the bus shelter is to be located on the right-of-way of a public road within a county or municipality, the respective county or municipality must also approve the erection and maintenance of the bus shelter, and for that purpose, a copy of the application to the department shall be sent to the respective county or municipality by the applicant; and

(3) As a condition of issuing a permit for the erection of a bus shelter on the right-of-way of a public road, the department shall require that the bus shelter be properly maintained and that its location shall meet minimum setback requirements as follows:
(a) Where a curb and gutter are present, there shall be a minimum of four feet clearance from the face of the curb to any portion of the bus shelter or the bus shelter shall be placed at the back of the existing concrete sidewalk; or

(b) Where no curb or gutter is present, the front of the bus shelter shall be at least ten feet from the edge of the main traveled roadway; or

(c) As otherwise directed by the SCDOT Resident Maintenance Engineer.

B. Any bus shelter erected and maintained on the right-of-way of a public road in violation of paragraph (A) of this subsection or in violation of the conditions of the permit issued by the Department is declared to be a public nuisance and its removal may be ordered by the Department. If such a bus shelter is not removed by its owner within 30 days after its owner has been issued a written order of removal by the Department, the Department may cause the bus shelter to be removed and submit a statement of expenses incurred in the removal to the owner of the bus shelter. If payment or arrangement to make payment is not made within 60 days after the receipt of such statement, no further permits will be issued until the debt is paid in full.

C. The person to whom a permit has been issued for the erection and maintenance of a bus shelter on the right-of-way of a public road shall at all times assume all risks for the bus shelter and shall indemnify and hold harmless the State of South Carolina, the Department, and any county or municipality against all losses or damages resulting solely from the existence of the bus shelter.

D. The erection of bus shelters under this subsection shall be allowed only by competitive bid invitation. For that purpose, an applicant for a bus shelter permit must attach documentation of competitive bid determination.

E. Bus shelters shall be maintained in good repair and persons erecting bus shelters under this subsection shall be responsible for the cleaning, repairing or replacement of any part thereof, including advertising materials, sidewalks, walkways, curbs or foundations encompassed by the bus shelter. Such work as is necessary to relocate, alter or maintain the bus shelter will be done in such a manner that it will not in any way interfere with or endanger the safety of the general public in their use of the roads.

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