Freshwater Wetlands in South Carolina. Wetlands Wetlands are delineated by the Corps based on the...

Freshwater Wetlands in South Carolina

Wetlands• Wetlands are

delineated by the Corps based on the 1987 Wetland Delineation Manual.

• Soils, evidence of hydrology & vegetation used to define wetland boundaries.

Wetland Terms• Jurisdictional vs. Nonjurisdictional

• Contiguous vs.Isolated

• Regulated vs. Nonregulated

Functions of Wetlands

• Habitat for many different species of plants and animals.

• Provide relief from flooding.

• Water quality improvement.

• Open space and recreation.

• Groundwater recharge

Coastal Counties

Current Identification Process for Wetlands

• Corps delineates wetlands and determines which are jurisdictional which are non-jurisdictional.

• Corps issues a letter to the property owner or agent.

• OCRM receives a copy of the letter.

• OCRM notifies agent/applicant by letter stating that they may need OCRM certification to impact any federally non-jurisdictional wetlands.

Review Process48-39-80(B)(11)

• Initiated after submittal of an application for any state or federal permit or certification.

• Reviews are based upon the policies of the Coastal Zone Management program.

• A public notice is required • Mitigation is required.

– On-site mitigation is required when possible.

– Off-site mitigation is allowed if on-site mitigation is not possible.

Wetlands are managed under the policies of the Coastal Zone Management Program

- Resource Policies Chapter III ( >30 separate policies address freshwater wetland impacts)

- Wetland Master Planning Policies, Chapter XII

- Mitigation Policies Chapter XII

Review Time Frames

• State permits – 30 days

• Direct Federal Activities – 45 to 60 days

• Federal license or permit - 180 days

What don’t we see in Coastal Zone

• Single family lots not part of a larger common plan of development

• Individual residential Septic tank permits

• Ponds that are not mines and less than 1 acre and not within ½ mile

Wetlands Outside the Coastal Zone• Outside the 8 coastal counties there is no existing

regulatory framework to manage the filling of nonjurisdictional (non-federally regulated) wetlands.

• DHEC regulates the discharge of fill to jurisdictional wetlands in accordance with Section 401 of the Clean Water Act.

• Section 401 of the CWA provides states with authority to certify federal permits or licenses for activities that result in discharges to waters of the state including wetlands.

• South Carolina’s 401 Certification program only gives DHEC the authority to regulate jurisdicational wetlands.

Questions?