REALTORS®, Conservationists Come Together to Support Wetlands Protection Bill

Columbia– Conservationists and REALTORS® joined together today in support of a legislative proposal that will provide clear protection for the state’s isolated wetlands. The Isolated Wetlands Protection Act, S. 1206, was introduced Wednesday by Senator Larry Grooms, Chairman of the Senate Agriculture and Natural Resources Committee, and reflects years of compromise between the two groups.

“This is a win-win situation for the State of South Carolina because it provides a reasonable balance between the protection of these significant natural resources and the protection of private property rights. This legislation is a reasonable compromise which will help protect communities’ quality of life” said Christie McGregor, Legislative Director for the Coastal Conservation League.

So-called “isolated” wetlands – wetlands lacking an obvious connection to other waters– are currently unprotected by the federal government due to a 2001 decision by the U.S. Supreme Court. Just last week, the Court heard another case that could move the federal wetlands protection line once again.

“This bill shows that protecting the state’s most valuable wetlands goes hand in hand with economic development and preserving South Carolina’s quality of life,” said Blan Holman, attorney with the Southern Environmental Law Center.

DHEC estimates that South Carolina has some 300,000 acres of isolated wetlands. Even without a constant connection to nearby waters, these wetlands absorb flood waters, trap pollutants and are habitat hotspots for wildlife such as the bug-eating venus flytrap, coastal black bear, and nesting wood ducks. In the wake of Hurricane Katrina, scientists have pointed out that wetlands destruction greatly increased flooding damage to New Orleans.

Wetlands are also natural amenities that add to South Carolina’s attractiveness as a place to live and work.

“By protecting isolated wetlands today, we ensure continued economic attractiveness and growth for our state in the future,” said Nick Kremydas, Senior Vice President and General Counsel of the South Carolina Association of REALTORS®. “South Carolina REALTORS® are pro-community. We don’t just sell houses—we sell homes and communities. Preserving our quality of life is essential for the future of South Carolina.”

Jimmy Chandler, attorney with the South Carolina Environmental Law Project, who has worked for a state wetlands law since the late 1980s, said “This bill is not perfect protection for wetlands, but it is a good step forward to eliminate the type of uncertainty that harms both developers and the environment. It represents the result of lengthy negotiations to add proper state protections for these valuable natural resources while giving recognition to the rights of property owners.”

The Isolated Wetlands Protection Act requires that alteration of isolated wetlands above a half acre size be authorized through a permit from the state Department of Health and Environmental Control before the alteration occurs. The legislation will provide clarity concerning the legal status of the state’s isolated wetlands and is designed to mesh seamlessly with federal wetlands protections without creating regulatory overlap. North Carolina, Virginia, and Florida all have state wide wetlands protection in place.