South Carolina requires lawmakers’ approval for most public monument changes

State lawmakers must pass a joint resolution, a formal legislative measure, directing most changes to protected monuments or commemorative names of public places. The rules cover historic monuments on state or local public property and public places named for deceased historic figures, historic groups, or events. Restrictions include adding related plaques, signs, and digital messages on or near monuments or on the public property where they stand. Memorials listing a class of people may add newly identified or newly eligible members. Updates to original displays must concern those members and substantially match the existing format. Actively updated military and first responder memorials may receive additions consistent with their original purpose, without relocation or removal. Construction and property-transfer exceptions apply. Officials must apply these rules in a way that protects constitutional rights to speech, the press, assembly, petition, and association. The law took effect on May 19, 2026.

Eligible nonprofit groups may sue to stop or remedy violations and seek money to repair damaged or destroyed monuments. Eligible groups are state-registered nonprofits established at least partly to honor history or protect monuments, with a demonstrated record of that work. Payments for damage are limited to reasonable restoration, repair, or replacement costs. A winning group may recover reasonable lawyer fees and court costs. A heritage group must give at least 90 days’ notice before suing and an opportunity to fix the damaged or destroyed monument. A heritage group’s claim must concern the event, people, or period it honors. Qualifying claims count as harm that allows these groups to sue.

Public agencies may move monuments for specified projects and demolish historically named government buildings while preserving protected items. The Department of Archives and History must also set rules for maintaining monuments and restoring or replacing damaged ones. Private land transfers require relocation to public property with equal or greater prominence and visibility in the same local jurisdiction. Necessary utility or government building projects allow relocation to such public sites, or temporary removal followed by return to the original site. Road and bridge projects allow temporary removal, followed by return to the original site or a nearby location. Before demolishing a historically named government building, officials must remove protected plaques and other items. They must display them with equal or greater prominence and visibility in the replacement building or elsewhere if no building replaces it. Relocation after a private transfer must occur as soon as practicable after the transfer. Monuments removed temporarily for projects must be returned or placed as allowed as soon as practicable after completion.