Before any town or community incorporates as a municipality, it must first file an application for incorporation with the Secretary of State in accordance with the S.C. Code of Laws 5-1-10, et seq. as well as Chapter 113, Article 2 of the S.C. Code of Regulations (PDF). The Secretary of State reviews the application for incorporation and the recommendation of the Joint Legislative Committee on Municipal Incorporation to determine if the proposed municipality has met all statutory requirements. If the Secretary determines the requirements are met, the Secretary issues a commission empowering residents to vote on the question of incorporation. If the residents vote to incorporate, the Secretary of State issues a certificate of incorporation to the municipality.
If you are submitting an application for municipal incorporation, please submit three copies of the application and any supporting material by mail to the Secretary of State's Office.
Please note that the Municipal Association of South Carolina has resources available to assist communities in the incorporation process.
The Secretary of State’s Office cannot provide legal advice. Please consult with an attorney prior to submitting the municipal incorporation application.
SC Secretary of State's Office
Attn: Legal Division
1205 Pendleton Street, Suite 525
Columbia, SC 29201