A Spartanburg County judge has just ordered a massive Confederate flag flying near Interstate 85 to be lowered or removed, at least for now, after sharply criticizing how the structure was built and disclosed to local officials.
The dispute centers on a 120-foot flagpole erected on less than an acre near Teaberry Road. The flag first appeared along the interstate in 2022.
County officials issued a Notice of Violation in October 2022, stating the group constructed the 120-foot pole without a required development permit under Spartanburg County’s Unified Land Management Ordinance. The violation required the group to remove the pole or reduce it to 30 feet and limit the flag to five by eight feet.
In his latest order, Judge Hayes rejected the group’s request to alter or amend a prior enforcement ruling, writing that the motion was “procedurally improper” because the earlier order was not a final judgment under state rules.
The judge also declined to reconsider constitutional arguments, stating those issues are for the appellate court to decide.
However, the most striking language in the filing centers on disclosure and public safety.
Hayes noted that the height of the 120-foot pole was disclosed to the Federal Aviation Administration before construction but not to Spartanburg County officials. He described the height as a “material element” of the project and questioned why it was not shared with local regulators.
The order states that failing to disclose known, material information to the county while seeking other approvals “undermines” the request for equitable relief.
The judge also emphasized the pole’s location near a major interstate corridor, referencing foreseeable safety risks associated with such a tall, unpermitted structure.
Earlier, the Spartanburg County Board of Zoning Appeals sided with the Sons of Confederate Veterans in January 2023. But a February 2024 circuit court ruling overturned that decision and reinstated the violation notice.
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The group has appealed to the South Carolina Court of Appeals. While that appeal remains pending, the circuit court lifted the automatic stay and ordered compliance.
For now, the ruling requires the flagpole to be lowered or the flag removed as the broader legal fight continues.
