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?