Bluffton Enacts Wetlands Protection Ordinance Post Supreme Court Ruling

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Wetland area in Bluffton, SC with rich vegetation and water reflecting a commitment to conservation.

News Summary

Bluffton, SC has become the first municipality in South Carolina to pass a wetlands protection ordinance in response to a U.S. Supreme Court ruling. This new law mandates developers to obtain permits before disturbing wetlands to safeguard vital ecological services amid rising development pressures. The ordinance addresses local environmental concerns as the region grapples with a loss of federally protected wetlands, ensuring active local oversight and conservation efforts.

Bluffton Passes Wetlands Protection Ordinance Following Supreme Court Decision

Bluffton, SC has become the first municipality in South Carolina to enact a wetlands protection ordinance, responding to a U.S. Supreme Court ruling that reduced federal protections for many wetlands. The new law aims to ensure local oversight of wetland conservation amid ongoing development pressures in the area.

Key Details of the Ordinance:

Developers must obtain a permit from Bluffton town staff before engaging in any activities that disturb wetlands.
Mayor Larry Toomer stressed the importance of environmental protections in the permitting process.
The ordinance applies to wetlands such as tidal marshes, oxbow lakes, and vernal pools, which provide vital ecological services.

Context of the Supreme Court Ruling:

The Supreme Court’s 2023 decision has led to a narrowed definition of federally protected wetlands, eliminating protections for areas lacking a ‘continuous surface connection’ to navigable waters. As a result, it is estimated that 37% of South Carolina’s wetlands have lost federal protections.

Impact on Bluffton’s Wetlands:

From 2001 to 2021, Bluffton has lost 513 acres of wetlands, according to the South Carolina Department of Natural Resources. Local officials are taking action to regain control and provide necessary conservation measures.

Future Prospects:

The ordinance is viewed as a temporary solution while Bluffton awaits an inventory report to refine its wetlands regulations further. Assistance in drafting the ordinance was provided by the South Carolina Environmental Law Project.

Potential for Broader Adoption:

Georgetown County and other jurisdictions in South Carolina may consider adopting similar wetlands protection measures.

Concerns and Conflicts:

Environmental advocates warn that without local ordinances, remaining vulnerable wetlands face risks from development.
There is a growing urgency for local action due to rising population growth and increased demand for housing in Beaufort County.
Uncertainties regarding federal and state authority add confusion for environmentalists, developers, and landowners.
Conflicts exist between advocacy groups and developers over proposals affecting remaining wetlands.

Bluffton’s proactive steps reflect a larger movement among local governments in South Carolina to ensure the protection of their vital wetland ecosystems.