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Mountains & Marshes: A Call To Arms
Mountains & Marshes: A Call To Arms
South Carolina Environmental Law Project ~ P. O. Box 1380 ~ Pawleys Island, SC 29585 ~ 843-527-0078
A Call to Arms
SCELP Fights to Overturn Ruling Threatening Loss of Isolated Wetlands
A developer’s relentless attempt to do away with protections for South Carolina’s coastal isolated wet-
lands has SCELP up in arms — and we’re fighting back. The South Carolina Supreme Court has
agreed to hear our appeal in a case challenging the validity of the South Carolina Coastal Manage-
ment Program. The case presents an issue of major importance to the freshwater wetlands, historical sites,
and other natural and cultural resources of the state’s coastal zone. The Coastal Management Program
gives protection to these special resources. If the Coastal Management Program (CMP) is ruled to be invalid,
existing CMP protections for coastal resources outside the “critical areas” (salt waters, salt water tidelands,
beaches and dunes) may be lost.
The South Carolina Environmental Law Project
represents the League of Women Voters, the South
Carolina Wildlife Federation and the South Carolina
Coastal Conservation League in this critical case.
The case originated in a developer’s application
for a storm water permit and coastal zone consis-
tency certification, including a request to fill 31.76
acres of freshwater wetlands in Horry County near
Murrells Inlet. Spectre, LLC, proposes to build a
commercial development on the filled wetlands and
another 31.17 acres in a tract adjacent to US High-
way 17.
The South Carolina Department of Health and
Environmental Control (DHEC) denied Spectre’s
application, concluding that the filling of wetlands
for commercial development would violate the
Coastal Management Program. Spectre asked the
DHEC Board to review the decision, and the Board
voted unanimously to affirm the staff’s denial. Wetlands that Spectre, LLC, wants to fill for a commercial development
Spectre then appealed the DHEC decision to the Because they have both land and aquatic characteristics, wetlands are some of
the most diverse ecosystems on earth. About one-fourth of the plants, one-half
Administrative Law Court. On February 20, 2008, of the fishes, two-thirds of the birds, and three-fourths of the amphibians listed
Administrative Law Judge John D. McLeod issued as threatened or endangered in the United States are associated with wetlands.
an order reversing the DHEC decision and ruling
that “Spectre is entitled to have its storm water permit (1) the Coastal Management Program cannot be utilized by
deemed approved.” DHEC because it was not promulgated as a regulation under
Almost immediately after this ruling, Spectre moved the procedures set forth in the South Carolina Administrative
forward with development plans and clearcut the entire 60 Procedures Act (“APA”); and (2) the Coastal Management Pro-
acre tract. SCELP filed a motion asking the ALJ to issue a gram does not apply to isolated freshwater wetlands that are
follow-up order that “stayed” the effect of his initial ruling outside the federal jurisdiction of the Clean Water Act. But we
until the appeal is resolved. Fortunately the ALJ granted our believe that the Judge got it wrong on both points.
motion and ordered the developer to stop any further work The CMP is a document prepared by mandate of the 1977
on the project, and the wetlands have not been filled. state Coastal Zone Management Act (“the 1977 Act”), which
Judge McLeod based his ruling on his conclusions that
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South Carolina
Environmental Law Project, Inc. provided a specific process for passage of the CMP that was different
(a 501c3 tax-exempt non-profit corporation) from, and in some ways more rigorous than, the APA.
The 1977 Act recognized the immense public value of coastal re-
Mission Statement sources, and established a new state agency, the South Carolina Coastal
To protect the natural environment Council (now known as DHEC’s Office of Ocean and Coastal Resource
of South Carolina Management or OCRM), which was instructed to “protect and, where pos-
by providing legal services and advice sible, to restore or enhance the resources of the State’s coastal zone for this
to environmental organizations and succeeding generations.”
and concerned citizens and The 1977 Act created two new regulatory programs: (1) a permitting
by improving the state’s system program, under which a permit is required before anyone can alter a criti-
of environmental regulation. cal area; and (2) a certification program, under which the state agency re-
views all other state and federal permits in the “coastal zone” (eight coastal
Board of Directors counties) to determine whether these permits would be consistent with the
Frances Close, Chair
James S. Chandler, Jr.
Kim Diana Connolly
Daryl G. Hawkins
Wendy Zara
Margaret D. Fabri
David J. Harmon
Gary W. Poliakoff
Staff
James S. Chandler, Jr., Director
Amy Armstrong, Staff Attorney
Jordan McDonald, Administrator
Office address
430 Highmarket Street
Georgetown, SC 29440
Mailing address Twenty-two states have lost at least 50 percent of their original wetlands. Since the 1970s,
P. O. Box 1380 the most extensive losses have been in Louisiana, Mississippi, Arkansas, Florida, South
Pawleys Island, SC 29585 Carolina, and North Carolina. (Wetlands, 2nd edition, Van Nostrand and Reinholdt, 1993.)