Code Watch | Live Oak Code Consultants LLC | June 2026
On May 15, 2026, Governor McMaster signed Act 157 (H5097) into law — a bill that exempts farmer-operated roadside markets from local zoning classifications, building codes, permitting, and inspections. It took effect the same day.
The vote was nearly unanimous. 106–0 in the House. 45–0 in the Senate.
But unanimous votes do not mean uncomplicated laws. Here is what this legislation actually says — and what it means for three very different groups of people in South Carolina.
Perspective One: The Farm Property Owner
“It’s my land. I should be able to sell tomatoes off a table without the county telling me what kind of building I need.”
That argument is not unreasonable — and the General Assembly agreed.
For generations, small farmers in the Lowcountry and across South Carolina have faced a real problem: the moment they put up a simple stand to sell produce directly to their neighbors, local governments sometimes classified it as a commercial operation. That meant commercial zoning, commercial permits, and commercial inspections — regulations designed for strip malls, not a farmer selling sweet corn from a shed near the road.
H5097 addresses that directly. Under the new law (SC Code § 6-1-145), a “roadside market” is defined as a direct-to-consumer point on a farmer’s owned or leased property, selling farm products they produced in South Carolina — fresh produce, honey, eggs, and jellies. It cannot be a multi-vendor market. Hemp-based ingestible products are specifically excluded.
For that individual farmer, the law removes a real barrier. No commercial zoning reclassification. No building permit. No inspection. From a property rights standpoint, there is a legitimate argument here — and the people who championed this bill were not wrong to fight for it.
Perspective Two: The Jurisdiction
“We don’t write the codes. We enforce them. And the state just told us to look the other way.”
This is where the law gets complicated — and where local building officials find themselves in a difficult position.
South Carolina Code § 6-9-10 is unambiguous: all municipalities and counties in this state shall enforce building, energy, electrical, plumbing, mechanical, gas, and fire codes. That word — shall — is a legal mandate, not a suggestion.
South Carolina currently operates under the 2021 International Building Code (IBC) with SC modifications, effective January 1, 2023. Under IBC § 309, any structure used for the display and sale of merchandise to the public is classified as a Group M (Mercantile) occupancy. A roadside market — a structure where a farmer sells goods to the general public — fits that definition directly.
Group M occupancies trigger specific requirements: structural standards, means of egress, electrical safety, fire provisions. These exist because the public visiting that structure deserves a baseline level of protection.
Now a new state law says the jurisdiction cannot enforce those requirements on this structure type. The local official is caught between § 6-9-10 (you shall enforce) and § 6-1-145 (you cannot enforce on roadside markets). The law even absolves local governments of liability if something goes wrong — which means the risk doesn’t disappear. It just transfers to the public.
Perspective Three: Live Oak Code Consultants LLC
Rooted in Code. Built on Integrity.
We reviewed the full text of Act 157, SC Code § 6-9-10, and the applicable 2021 IBC provisions. Here is our honest assessment.
The property rights intent is legitimate. A small farmer selling produce from a basic open-air stand should not face the same regulatory burden as a commercial retailer. We understand that frustration.
But the breadth of this exemption is where we have serious concerns.
The law does not define what type or size of structure qualifies. It does not distinguish between an open-air canopy and a permanent enclosed building. Any structure on a farmer’s property used to sell farm goods to the public is exempt — no size threshold, no occupancy limit, no structural review.
Our specific code-based concerns:
- IBC § 109 — Inspections are triggered by the permit. Remove the permit requirement, and the inspection trigger disappears entirely.
- IBC § 309.1 — Any structure for display and sale of merchandise to the public is Group M Mercantile. No SC modification carves out an agricultural retail exception.
- IBC Chapter 10 — Group M occupancies require compliant means of egress. Without a permit or inspection, there is no mechanism to verify this.
- SC § 6-9-10 — Jurisdictions shall enforce adopted codes. This new law creates a direct statutory conflict with that mandatory obligation.
The liability language in the bill is also telling. The legislature explicitly acknowledged that something could go wrong — and made a deliberate policy choice to transfer that risk from government onto the public.
Where we stand: We support farmers. We support reasonable deregulation. But the people who visit a roadside market are members of the public, just like any retail customer. The minimum codes exist for them too.
The right solution is a narrowly tailored exemption — perhaps covering open-air, unenclosed structures below a defined square footage threshold — not a blanket removal of all permit and inspection requirements for any structure on farm property that sells goods to the public.
We hope the General Assembly revisits the scope of this exemption. In the meantime, jurisdictions across South Carolina are navigating a genuine legal conflict between their mandatory duty under § 6-9-10 and the new exemption under § 6-1-145.
Gaps in the law don’t stay empty for long. Usually, it takes an incident to fill them.
Shelby McGhee is the founder of Live Oak Code Consultants LLC, a South Carolina-based building code consulting and inspector education firm. This article reflects the professional opinion of Live Oak Code Consultants LLC and is intended for educational purposes. It does not constitute legal advice.
Sources: SC Act 157 / H5097 (signed May 15, 2026) | SC Code § 6-9-10 | 2021 IBC with SC Modifications (effective January 1, 2023) | IBC § 309.1 Mercantile Group M | SC Building Codes Council, LLR
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