Who is responsible for maintaining a retention pond?
Short answer
It depends on the recorded documents for that property, such as the plat, the HOA covenants and any maintenance agreement signed when the pond was approved. We can't tell you who is responsible for a particular pond. Here's where to look.
Where to look
Your deed, the subdivision plat and the HOA covenants. Your county's register of deeds office can tell you how to look them up.
- SCDES Permanent Stormwater System Maintenance and Responsibility Agreement (PDF)
SCDES's sample maintenance agreement says the signer understands that "failure to adhere to the signed maintenance agreement may result in fines of up to $1,000.00 per day, per violation and /or the institution of a court action."
Local programs may use their own agreement.
Abbeville County
We don't have a quote from this county's rules on private or HOA ponds. Ask the county's stormwater office.
Aiken County
What we found in Aiken County's own rules or pages (checked Oct 26, 2026). This is a short excerpt, not the full rule, and it may have changed. Ask the county office.
County Code Sec. 19.6-52(a): "(a) Responsibility. All temporary and permanent on-site stormwater management facilities and BMPs required by this chapter shall be maintained by the owner after site development." Sec. 19.6-52(c) lets the county take corrective action and place a lien if the owner fails to maintain.
Allendale County
We don't have a quote from this county's rules on private or HOA ponds. Ask the county's stormwater office.
Anderson County
What we found in Anderson County's own rules or pages (checked Oct 26, 2026). This is a short excerpt, not the full rule, and it may have changed. Ask the county office.
Maintenance agreement required; financing may be by "the property owner" or "a homeowner's association" (Code §24-844(b))
Bamberg County
We don't have a quote from this county's rules on private or HOA ponds. Ask the county's stormwater office.
Barnwell County
We don't have a quote from this county's rules on private or HOA ponds. Ask the county's stormwater office.
Beaufort County
What we found in Beaufort County's own rules or pages (checked Oct 26, 2026). This is a short excerpt, not the full rule, and it may have changed. Ask the county office.
Agreement: "The Landowner accepts responsibility for ownership and proper maintenance of the stormwater system, the Facility (pond, swales, etc.)"
Berkeley County
What we found in Berkeley County's own rules or pages (checked Oct 26, 2026). This is a short excerpt, not the full rule, and it may have changed. Ask the county office.
Covenant: "The Owner, its successors and assigns, including any homeowners association, shall adequately maintain the stormwater facilities, BMPs, and improvements on the Property."
Calhoun County
What we found in Calhoun County's own rules or pages (checked Oct 26, 2026). This is a short excerpt, not the full rule, and it may have changed. Ask the county office.
2026 Zoning/Redevelopment Code: stormwater facilities "shall be maintained by a homeowners association or property owners association … or other agency"
Charleston County
What we found in Charleston County's own rules or pages (checked Oct 26, 2026). This is a short excerpt, not the full rule, and it may have changed. Ask the county office.
"Private property owners are responsible for the perpetual maintenance of their Best Management Practices (BMPs)"; pond owners "are responsible for ensuring functionality and proper maintenance"
Cherokee County
We don't have a quote from this county's rules on private or HOA ponds. Ask the county's stormwater office.
Chester County
What we found in Chester County's own rules or pages (checked Oct 26, 2026). This is a short excerpt, not the full rule, and it may have changed. Ask the county office.
"Retention ponds which are privately owned shall be maintained and fenced by the property owner." (Subdivision code). County Code Sec. 46-194(c): "(c) Except where the county has accepted an easement for maintenance of drainage facilities on private property as provided herein, maintenance is the responsibility of the property owner."
Chesterfield County
We don't have a quote from this county's rules on private or HOA ponds. Ask the county's stormwater office.
Clarendon County
What we found in Clarendon County's own rules or pages (checked Oct 26, 2026). This is a short excerpt, not the full rule, and it may have changed. Ask the county office.
"The County of Clarendon will not assume responsibility for the operation or maintenance of a stormwater attenuating structure." (Subdivision regs)
Colleton County
We don't have a quote from this county's rules on private or HOA ponds. Ask the county's stormwater office.
Darlington County
What we found in Darlington County's own rules or pages (checked Oct 26, 2026). This is a short excerpt, not the full rule, and it may have changed. Ask the county office.
Development Standards Ordinance (App. A) Sec. 17.5.7(B): facilities "shall be maintained in one" … "of the following manners:" "1. Facilities maintained by owner. The owner of the" … "property on which work has been done" … "pursuant to this article, or any other person or agent in control of such property, shall" … "maintain in good condition and shall promptly repair" … "and other protective devices. Such repairs or restorations and maintenance shall be in accordance with" … "the approved SWPPP and article 17. These generally include private detention and retention facilities." Option 2 is "2. Facilities maintained by Darlington County." (County Code via Municode (no currency or supplement date shown in the capture), captured 2026-10-26)
Dillon County
We don't have a quote from this county's rules on private or HOA ponds. Ask the county's stormwater office.
Dorchester County
What we found in Dorchester County's own rules or pages (checked Oct 26, 2026). This is a short excerpt, not the full rule, and it may have changed. Ask the county office.
"All ponds and underground storage systems are privately owned and maintained. Dorchester County does not perform maintenance, except in emergency situations."
Edgefield County
What we found in Edgefield County's own rules or pages (checked Oct 26, 2026). This is a short excerpt, not the full rule, and it may have changed. Ask the county office.
County Code Sec. 18-85(1)a: "a. The owner of the property on which work has been done pursuant to this chapter, or" … "any other person or agent in control of such property, shall maintain in good condition and promptly repair and restore all grade surfaces, walls, drains, dams and structures," … "vegetation, erosion and sediment control measures, and other protective devices." Sec. 18-85(2) is "(2) Facilities maintained by the county." (County Code via Municode (no currency or supplement date shown in the capture), captured 2026-10-26)
Fairfield County
What we found in Fairfield County's own rules or pages (checked Oct 26, 2026). This is a short excerpt, not the full rule, and it may have changed. Ask the county office.
Ord. 820 §1-4(c): unless the County has accepted an easement, "maintenance is the responsibility of the property owner."
Florence County
What we found in Florence County's own rules or pages (checked Oct 26, 2026). This is a short excerpt, not the full rule, and it may have changed. Ask the county office.
Ch. 9.5 §9.5-61(b): financing "may include (1) the property owner, (2) a homeowner’s association…"; the county pond agreement: "I accept responsibility for ownership and proper maintenance"
Georgetown County
What we found in Georgetown County's own rules or pages (checked Oct 26, 2026). This is a short excerpt, not the full rule, and it may have changed. Ask the county office.
Ordinance: facilities and BMPs "shall be maintained by the owner"; "owner shall also mean Homeowner Association"
Greenville County
What we found in Greenville County's own rules or pages (checked Oct 26, 2026). This is a short excerpt, not the full rule, and it may have changed. Ask the county office.
"In the majority of cases, the HOA or commercial property owner are solely responsible" (county HOA page); Code §8-82(g), §8-84 annual report
Greenwood County
What we found in Greenwood County's own rules or pages (checked Oct 26, 2026). This is a short excerpt, not the full rule, and it may have changed. Ask the county office.
County Code Sec. 6-5-52(1): "(1) Facilities maintained by owner. The owner of the property on which work" … "chapter, or any person or agent in control of such property, shall maintain" … "in good condition and shall promptly repair and restore all grade surfaces, walls, drains," … "dams and structures, vegetation, erosion and sediment control measures, and other" … "protective devices. Such repairs or restorations and maintenance shall be in accordance with the approved plan." Sec. 6-5-52(2) is "(2) Facilities maintained by county." (County Code via Municode (no currency or supplement date shown in the capture), captured 2026-10-26)
Hampton County
What we found in Hampton County's own rules or pages (checked Oct 26, 2026). This is a short excerpt, not the full rule, and it may have changed. Ask the county office.
Ord. 89-03: "Facilities maintained by owner – The owner of the property … shall maintain in good condition…"
Horry County
What we found in Horry County's own rules or pages (checked Oct 26, 2026). This is a short excerpt, not the full rule, and it may have changed. Ask the county office.
"Horry County does not maintain nor is responsible for any stormwater facility not owned by the County." HOA page: "Many stormwater systems are privately owned, including all stormwater ponds."
Jasper County
What we found in Jasper County's own rules or pages (checked Oct 26, 2026). This is a short excerpt, not the full rule, and it may have changed. Ask the county office.
LDR 2026: "The owner of each stormwater BMP shall maintain it so as not to create or result in a nuisance condition…"
Kershaw County
We don't have a quote from this county's rules on private or HOA ponds. Ask the county's stormwater office.
Lancaster County
What we found in Lancaster County's own rules or pages (checked Oct 26, 2026). This is a short excerpt, not the full rule, and it may have changed. Ask the county office.
Agreement: landowner accepts responsibility for "proper maintenance to all Best Management Practices (BMPs) … including permanent detention and retention ponds"
Laurens County
What we found in Laurens County's own rules or pages (checked Oct 26, 2026). This is a short excerpt, not the full rule, and it may have changed. Ask the county office.
Linked final-plat checklist asks for "Five (5) copies of the Stormwater Pond Certification." and "Copies of HOA documents and management statement for protected buffers and amenity areas, and any deed restrictions or covenants."
Lee County
We don't have a quote from this county's rules on private or HOA ponds. Ask the county's stormwater office.
Lexington County
What we found in Lexington County's own rules or pages (checked Oct 26, 2026). This is a short excerpt, not the full rule, and it may have changed. Ask the county office.
Commercial sites are private. For residential ponds, "the County will continue to maintain stormwater ponds in residential areas (unless the developer request otherwise)" (LDM 2026). Privately owned systems "shall be properly maintained" (Ord.)
Marion County
We don't have a quote from this county's rules on private or HOA ponds. Ask the county's stormwater office.
Marlboro County
We don't have a quote from this county's rules on private or HOA ponds. Ask the county's stormwater office.
McCormick County
We don't have a quote from this county's rules on private or HOA ponds. Ask the county's stormwater office.
Newberry County
What we found in Newberry County's own rules or pages (checked Oct 26, 2026). This is a short excerpt, not the full rule, and it may have changed. Ask the county office.
Code §154.089(A): the subdivider must provide for "the perpetual maintenance of … private stormwater drainage systems … until such obligations have been assumed by a public agency."
Oconee County
What we found in Oconee County's own rules or pages (checked Oct 26, 2026). This is a short excerpt, not the full rule, and it may have changed. Ask the county office.
Water body maintenance "is to be placed so that it will not become a local government responsibility" (Code §32-214(i))
Orangeburg County
We don't have a quote from this county's rules on private or HOA ponds. Ask the county's stormwater office.
Pickens County
What we found in Pickens County's own rules or pages (checked Oct 26, 2026). This is a short excerpt, not the full rule, and it may have changed. Ask the county office.
"shall be maintained by the owner during and after site development" (Ord. 392 §6(a))
Richland County
What we found in Richland County's own rules or pages (checked Oct 26, 2026). This is a short excerpt, not the full rule, and it may have changed. Ask the county office.
Private ponds "are required to comply with County Code of Ordinance"; annual Private Pond Inspection Program; property owners get a Notice of Violation
Saluda County
We don't have a quote from this county's rules on private or HOA ponds. Ask the county's stormwater office.
Spartanburg County
What we found in Spartanburg County's own rules or pages (checked Oct 26, 2026). This is a short excerpt, not the full rule, and it may have changed. Ask the county office.
"shall be privately owned and maintained unless Spartanburg County accepts the facility for shared county maintenance" (Code §30-166(a))
Sumter County
What we found in Sumter County's own rules or pages (checked Oct 26, 2026). This is a short excerpt, not the full rule, and it may have changed. Ask the county office.
County ordinance requires "owners of stormwater treatment facilities such as detention ponds … be responsible for proper maintenance"
Union County
We don't have a quote from this county's rules on private or HOA ponds. Ask the county's stormwater office.
Williamsburg County
We don't have a quote from this county's rules on private or HOA ponds. Ask the county's stormwater office.
York County
What we found in York County's own rules or pages (checked Oct 26, 2026). This is a short excerpt, not the full rule, and it may have changed. Ask the county office.
Covenant: "The Landowner accepts responsibility for ownership and all necessary maintenance of the entire stormwater Facility on the Property"
Questions to ask the county office
- Is there a recorded maintenance agreement for this pond, and who signed it?
- Who does the county list as responsible for it?
- Does the county inspect it, and can I see the last report?
- Is the pond part of the county's own system, or private?
Sources
- SCDES Permanent Stormwater System Maintenance and Responsibility Agreement (PDF) Checked Oct 30, 2026.
Disclaimers
General, plain-English information only. Not legal or engineering advice, and not site-specific. Always verify with SCDES, your MS4 or county, or a licensed professional. Full disclaimer.