Court Orders Removal of Towering Confederate Flag in South Carolina

The 120-foot flagpole and large flag near a busy interstate violated local zoning rules, a judge ruled.

Published on Feb. 18, 2026

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A court has ordered the removal of a large Confederate flag flying from a 120-foot pole near Interstate 85 in Spartanburg County, South Carolina. The Sons of Confederate Veterans group that erected the flagpole on its property was found to be in violation of local zoning regulations, as the vacant land lacked a primary use to justify the accessory structure.

Why it matters

The court's ruling sets a precedent for how local governments can regulate the display of large-scale Confederate and other controversial flags, especially when they are erected without proper permits on vacant land near major thoroughfares.

The details

In October 2022, Spartanburg County issued a notice of violation to the Sons of Confederate Veterans Camp No. 68, directing the group to either lower the flagpole to 30 feet and fly a smaller 5x8 foot flag, or remove the pole entirely. The group appealed the decision, but the county's zoning board was overruled by a circuit court judge in February 2024, who found the 120-foot flagpole violated local land-use rules since the property lacked a primary use like a residence or business.

  • In October 2022, Spartanburg County issued a notice of violation to the Sons of Confederate Veterans group.
  • In January 2023, the group appealed the county's decision to the Spartanburg County Board of Zoning Appeals.
  • In February 2024, a circuit court judge ruled in favor of the county, ordering the flag's removal.
  • On January 7, 2026, the group filed a motion to alter the court's decision.
  • On January 29, 2026, the judge denied the group's motion and ordered the flag's removal by February 5, 2026.

The players

Sons of Confederate Veterans Camp No. 68

The group that erected the 120-foot flagpole and large Confederate flag on its property in Spartanburg County, South Carolina.

Spartanburg County

The local government that issued a notice of violation to the Sons of Confederate Veterans group and successfully sued to have the flag removed in court.

Circuit Court Judge J. Mark Hayes

The judge who ruled in favor of Spartanburg County, finding the 120-foot flagpole violated local zoning rules.

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What they’re saying

“The flag could no longer fly because the 120-foot flagpole violated county regulations, noting that the property on which it stood was vacant and lacked a primary use such as a residence or business, making the flagpole an impermissible "accessory" under local land-use rules.”

— Circuit Court Judge J. Mark Hayes (Newsweek)

What’s next

The Sons of Confederate Veterans group has appealed the court's ruling to the South Carolina Court of Appeals, and the case remains pending. The flag will remain down in the meantime.

The takeaway

This court case highlights how local governments can use zoning and land-use regulations to restrict the display of controversial symbols like the Confederate flag, especially when they are erected without proper permits on vacant properties near major roadways.