  
Tony Dean ...
Outdoors, Inc.
1013 North Grand
Pierre, SD 57501
(605) 224-5104
FAX (605) 224-2977
| | Tony Dean OutdoorsConservation Issues
South Carolina Votes Down Wetlands
The SC legislature is not an environmentally-friendly place these days. The proposed new regulations would have established a permitting program to basically replace the 404 program as to isolated wetlands. Not a great set of regs but better than the status quo. The regulations were
competing with a wetlands bill drafted by the state realtors' association. The bill has a 5-acre exemption, thus allowing destruction of something like 75% of the state's isolated wetlands. The bill was debated on the
floor of the SC House yesterday, and debate will resume sometime today. Over 20 proposed amendments to strengthen the bill were defeated yesterday.
An amendment that was passed prohibits the state environmental agency from imposing any state conditions upon any Corps nationwide permit through a 401 certification or coastal zone certification. The bill will probably pass the house today. The good news is that the bill stands little chance in the state senate. We're approaching an early June mandatory adjournment date and the bill can be effectively killed by a couple of senators, and we still have at least a couple on our side. Next year the legislature will have to start from scratch.
SC's coastal zone program is regulating isolated wetlands under its coastal certification authority. This program has been legally challenged, and in 2002 a trial judge ruled that the coastal wetland program was invalid. After we appealed and filed appellate briefs, and got the SC Supreme Court to stay the lower court's ruling pending appeal, the
developer flinched and made a deal to get a permit and in return an order was filed vacating the lower court's ruling. There will be another challenge at some point, but I think we can uphold this program. Something like 2/3 of the state's isolated wetlands are in the coastal zone.
Jimmy Chandler
SC Environmental Law Project
P.O. Box 1380
Pawleys Island, SC 29585
(843) 527-0078
(843) 527-0540 fax
jchandler@scelp.org
www.scelp.org
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