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?