South Carolina Code

S.C. Code Ann. § 5-7-60 (2026)

Municipality authorized to perform any of its functions or to furnish any of its services; charges and financing

✓ current as of May 2026

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Any municipality may perform any of its functions, furnish any of its services, except services of police officers, and make charges therefor and may participate in the financing thereof in areas outside the corporate limits of such municipality by contract with any individual, corporation, state or political subdivision or agency thereof or with the United States Government or any agency thereof, subject always to the general law and Constitution of this State regarding such matters, except within a designated service area for all such services of another municipality or political subdivision, including water and sewer authorities, and in the case of electric service, except within a service area assigned by the Public Service Commission pursuant to Article 5 of Chapter 27 of Title 58 or areas in which the South Carolina Public Service Authority may provide electric service pursuant to statute. For the purposes of this section designated service area shall mean an area in which the particular service is being provided or is budgeted or funds have been applied for as certified by the governing body thereof. Provided, however, the limitation as to service areas of other municipalities or political subdivisions shall not apply when permission for such municipal operations is approved by the governing body of the other municipality or political subdivision concerned.

HISTORY: 1962 Code SECTION 47-35; 1975 (59) 692.

Notes of Decisions

Cited in 17 cases (1 in the last 5 years), 1980–2025 · leading case: City of Darlington v. Kilgo, 393 S.E.2d 376 (S.C. 1990).

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City of Darlington v. Kilgo, 393 S.E.2d 376 (S.C. 1990). · cites it 40× “Since the legislature did not qualify the nature or extent of the "fire protection services ... offered," this Court is constrained to hold that the five-mile radius protected by the Cities under contract constitutes a "service area.”

Comm'rs of Pub. Works of Laurens v. City of Fountain Inn, 815 S.E.2d 21 (S.C. Ct. App. 2018). · cites it 27× “Provided , however, the limitation as to service areas of other municipalities or political subdivisions shall not apply when permission for such municipal operations is approved by the governing body of the other municipality or political subdivision concerned.”

Commissioners of Pub. Work v. City of Fountain Inn (S.C. 2019). · cites it 56× “" S.C. Code Ann. § 5-7-60 . (Last alteration in original.”

Spartanburg Sanitary Sewer Dist. v. City of Spartanburg, 321 S.E.2d 258 (S.C. 1984). · cites it 3× “§ 5-7-60 (1976) gives it the authority to extend its collection lines to areas outside its corporate limits.”

Calcaterra v. City of Columbia, 432 S.E.2d 498 (S.C. Ct. App. 1993). “§ 5-7-60 (1976) provides: Any municipality may perform any of its functions, furnish any of its services .”

City of Newberry v. The Pub. Serv. Comm. of Sc, 339 S.E.2d 124 (S.C. 1986). · cites it 4× “§ 5-7-60 (1976) had repealed by implication a specific provision authorizing the particular service at issue and precluded municipalities from providing electric service to any customer located in an area assigned by the Commission to an electric cooperative.”

Blue Ridge Elec. Coop., Inc. v. City of Seneca, 376 S.E.2d 514 (S.C. 1989). · cites it 3× “The PSC confined the order to the City’s four requests for “Certificate[s] of Public Convenience and Necessity to provide electric service in vast areas of territory outside its municipal limits.”

City of Rock Hill v. Pub. Serv. Comm'n, 417 S.E.2d 562 (S.C. 1992). “(2d) 124 (1986), the industrial consumer choice exception was repealed by implication to the extent it applied to municipalities because under § 5-7-60, a municipality may provide electrical service outside its corporate limits only in areas unassigned by the Commission or with…”

Mathis v. Hair, 594 S.E.2d 851 (S.C. Ct. App. 2002). · cites it 4× “S.C.Code § 5-7-60 (1977); see also City of Darlington v.”

Sloan v. City of Conway, 555 S.E.2d 684 (S.C. 2001). “§ 5-7-60 (1976), which was enacted as part of the Home Rule Amendment, provides generally that a municipality may contract to furnish and charge for any of its services outside its corporate limits.”

Glendale Water Corp. of Florence, Inc. v. City of Florence, 265 S.E.2d 41 (S.C. 1980). “Code § 5-7-60 permits a municipality to extend any of its services, with certain exceptions not applicable here, into areas beyond its corporate limits.”

Spar. San. Sew. Dist. v. City of Spar., 321 S.E.2d 258 (S.C. 1984). · cites it 4× “in areas outside the corporate limits of such municipality by contract with any individual, corporation, state or political subdivision or agency thereof.”

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