South Carolina General Assembly
114th Session, 2001-2002

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Bill 550


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                      550
Type of Legislation:              General Bill GB
Introducing Body:                 Senate
Introduced Date:                  20010404
Primary Sponsor:                  Waldrep
All Sponsors:                     Waldrep
Drafted Document Number:          l:\council\bills\nbd\11492ac01.doc
Residing Body:                    Senate
Current Committee:                Agriculture and Natural Resources 
                                  Committee 01 SANR
Subject:                          Carolina Bays Protection Act, 
                                  Conservation, Fish and Game, Natural 
                                  Resources, Health and Environmental Control


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
Senate  20020508  Recommitted to Committee               01 SANR
Senate  20020115  Recommitted to Committee,              01 SANR
                  retaining its place on the Calendar
Senate  20020115  Recalled from Committee                01 SANR
Senate  20020109  Recommitted to Committee               01 SANR
Senate  20010502  Made Special Order
Senate  20010502  Co-Sponsor removed by Senator                  Leventis
------  20010417  Scrivener's error corrected
Senate  20010412  Committee report: majority             01 SANR
                  favorable, with amendment,
                  minority unfavorable
Senate  20010404  Introduced, read first time,           01 SANR
                  referred to Committee


              Versions of This Bill
Revised on April 12, 2001 - Word format
Revised on April 17, 2001 - Word format

View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

Indicates Matter Stricken

Indicates New Matter

COMMITTEE REPORT

April 12, 2001

    S. 550

Introduced by Senators Waldrep and Leventis

S. Printed 4/12/01--S.    [SEC 4/17/01 10:41 AM]

Read the first time April 4, 2001.

            

THE COMMITTEE ON

AGRICULTURE AND NATURAL RESOURCES

    To whom was referred a Bill (S. 550) to amend Chapter 1, Title 48, Code of Laws of South Carolina, 1976, relating to environmental protection and conservation enacting the "South Carolina Carolina Bays Protection Act" by adding Article 3, etc., respectfully

REPORT:

    That they have duly and carefully considered the same and recommend that the same do pass with amendment:

    Amend the bill, as and if amended, by striking all after the enacting words, and inserting in lieu thereof the following:

    /            SECTION    1. Title 48 of the 1976 Code is amended by adding:

    "Chapter 60

    South Carolina Carolina Bays Protection Act

    Section 48-60-500.    This chapter may be cited as the 'South Carolina Carolina Bays Protection Act'.

    Section 48-60-510.    The General Assembly finds:

    (1)    Carolina bays, which are a form of noncontiguous wetlands, are elliptical, shallow depressions found primarily on the coastal plain of North Carolina, South Carolina, and Georgia. For the most part these land surface form features are not readily visible from ground level, but aerial views show them to be spectacular features with rich ecological diversity.

    (2)    Carolina bays are one form of noncontiguous wetlands as defined in this chapter. The origin of the bays has been a subject of controversy for more than half a century, and numerous theories have been proposed over the years but none has been universally accepted by scholars.

    (3)    that Carolina bays and other noncontiguous wetlands of the State of South Carolina are an invaluable and vulnerable natural resource which provide the following values and functions for the benefit of all citizens of the State:

        (a)    control of peak flood levels by storing and gradually releasing stormwater runoff from watershed lands;

        (b)    provide essential habitat, including nursery areas and food chain elements for fish, wildlife, and plant populations, including important commercial, recreational, and endangered species;

        (c)    serve to improve water quality by removing toxic substances, trapping sediment and other suspended materials;

        (d)    provide areas of aesthetic, historic, cultural, and wilderness value as well as enhance tourism and other recreational activities;

        (e)    provide sites for public education and academic and applied research in the fields of biology, ecology, fisheries and wildlife management, and environmental protection;

        (f)    serve as recharge and discharge areas for groundwater which provides sources of public and private water supply;

        (g)    are critical to the long-term protection of the natural water resources of the State;

    (4)    Forested wetlands support a variety of woody plants, including species that are important sources of timber products, the number one cash crop in South Carolina.

    (5)    The Department of Health and Environmental Control is and has historically been the arm of state government charged with protection of the state waters;

    (6)    Noncontiguous wetlands within the State are being adversely affected, and will continue to be adversely affected, by escalating alteration of and construction within these areas, occasioned by increased population growth and resultant development. Systematic review of development activities in wetlands is necessary to protect and preserve the valuable public benefits provided by these areas.

    (7)    The State has acted for the public benefit to protect coastal saltwater wetland areas, but it has not provided similar protection to noncontiguous wetland areas.

    (8)    The protection and management of noncontiguous wetlands, which include Carolina bays and other similar ecosystems within South Carolina, is a matter of statewide concern and is in the best interests of all present and future citizens of the State.

    (9)    Existing water quality standards, classifications that protect existing uses of waters and an antidegradation policy and the Coastal Zone Management Plan administered by the Department of Health and Environmental Control, provide an existing legal basis for protecting noncontiguous wetland resources.

    (10)    Due to the United States Supreme Court case of Solid Waste Agency of Northern Cook County v. United States Corps of Engineers, Slip Opinion, No. 99-1178, October Term, 2000 (SWANCC v. USCE), the Corps of Engineers may no longer use the "Migratory Bird Rule" as a sole basis for the assertion of jurisdiction over intrastate, isolated wetlands.

    Section 48-60-520.    For purposes of this chapter:

        (1)    'Department' means the Department of Health and Environmental Control.

        (2)    'Noncontiguous wetlands' means isolated wetlands that:

            (a)    are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions and possess hydrophytic vegetation, hydric soils, and wetland hydrology;

            (b)    do not have a surface water connection to waters of the United States or as otherwise defined by the U.S. Army Corps of Engineers;

            (c)    are delineated in accordance with current delineation specifications of the United States Army Corps of Engineers.

            (d)    includes, but are not limited to, Carolina bays, pocosins, bogs, fens, and gum ponds.

        (3)    'Noncontiguous wetlands permit' means a permit obtained from the department to engage in a regulated activity in a noncontiguous wetlands issued pursuant to the provisions of this Chapter and regulations promulgated under this Chapter.

        (4)    'Mitigation' means applying the following actions in order of acceptability and preference:

            (a)    avoiding an adverse impact;

            (b)    where adverse impacts cannot be avoided, minimizing an adverse impact;

            (c)    where adverse impacts cannot be avoided or minimized, rectifying an adverse impact by repairing, rehabilitating, or restoring the affected environment;

            (d)    where adverse impacts cannot be avoided, minimized, or rectified as described above, compensating for the adverse impact by replacing or providing substitute resources or environments of equal or greater quality and functions.

        (5) 'Person' means an individual, firm, partnership, association, public or private institution, municipality, or political subdivision, federal or state governmental agency, or private or public corporation organized under the laws of this State or any other state or country.

        (6) 'Regulated activity' means those activities regulated pursuant to 33 U.S.C. Section 1344.

    Section 48-60-530. This chapter applies only to noncontiguous wetlands that are not within the jurisdiction of the US Army Corps of Engineers and that are not located within the coastal zone, as defined in Section 48-39-10. However, if a court rules that the department no longer has jurisdiction over noncontiguous wetlands in the coastal zone, then this chapter applies to those noncontiguous wetlands.

    Section 48-60-540. (A) The General Assembly declares that it is the intent of this chapter to protect and conserve noncontiguous wetlands no longer within the jurisdiction of the Corps of Engineers because of the SWANCC v. USCE in a manner consistent with their regulation prior to the case SWANCC v. USCE.

    (B)    Specific state policies to be followed in the implementation of this chapter are to:

        (1)    achieve an interim goal of no overall net loss in acreage and function of the State's remaining noncontiguous wetlands and to achieve a long-term goal of increasing the quantity and quality of the State's wetlands resource base; and

        (2)    protect and, where possible, restore or enhance the wetlands resources of this State for this and succeeding generations.

    Section 48-60-550.    (A)    The department has the authority to issue, deny, revoke, suspend, or modify permits for those regulated activities relating to noncontiguous wetlands. The department shall promulgate regulations, including procedures or standards, as may be necessary to establish a permitting process and provide for the protection of the State's noncontiguous wetland resources in accordance with this chapter. These regulations must include, but are not limited to:

        (1)    purpose and scope of program;

        (2)    definitions;

        (3)    program policies;

        (4)    jurisdiction;

        (5)    regulated activities;

        (6)    activities exempted, general permits;

        (7)    application procedures;

        (8)    application review criteria, mitigation;

        (9)    public participation;

        (10)    appeals procedure; and

        (11)    compliance and enforcement.

    (B)    All department permits for regulated activities in noncontiguous wetlands shall be consolidated into one action.

    (C)    Within twelve months after the effective date of this act, the department must promulgate and submit to the General Assembly for review regulations for a statewide noncontiguous wetlands permitting program.

    Section 48-60-560. Until such time as final regulations go into effect, the following shall apply:

    (A)    No person may conduct a regulated activity within a noncontiguous wetland without first obtaining certification from the department that the regulated activity will not cause a violation of state water quality standards.

    (B)    Applications for certification of water quality pursuant to this section must be submitted in accordance with the procedures and criteria set forth in R.61-101, Sections A(7), A(8), A(9), B, C, F, and H.

    (C)    If public notice of a proposed permit decision is required apart from this section, the department will incorporate notice of the proposed certification decision into the public notice of the permit decision and will not issue an additional public notice pursuant to this section. Public notice is not currently required for land disturbing activities for which a storm water permit is required under R.72-307 or when general NPDES storm water coverage is granted pursuant to R.61-9.122.26 and R.61-9.122.28, and it is not required pursuant to this section. In all other cases, the department will follow the public notice procedures set forth in R.61-101, Sections D and G, for water quality certifications pursuant to this section.

    (D)    The appeal procedures contained in R.61-101, Section G, apply to water quality certification decisions made pursuant to this section.

    (E)    This section does not apply to activities for which a permit is not required pursuant to Section 48-60-600.

    Section 48-60-570.    It is unlawful for a person to conduct a regulated activity within a noncontiguous wetland unless a noncontiguous wetlands permit has been issued by the department.

    Section 48-60-580.    The department is authorized to require mitigation for impacts to noncontiguous wetlands to replace or compensate for the long and short term economic, environmental, and natural resource benefits that would be lost by the proposed regulated activity.

    Section 48-60-590.    The department is authorized to issue general permits for certain described categories of work, if the work is consistent with all goals and policies of this chapter.

    Section 48-60-600.    The following activities for which Section 404 permits are not required pursuant to Section 404(f)(1) of the Clean Water Act, 33 U.S.C. Section 1344(f)(1), and which are not recaptured into that permitting process pursuant to Section 404(f)(2), 33 U.S.C. Section 1344(f)(2), do not require a noncontiguous wetlands permit under this chapter if they comply with federal regulations implementing Section 404(f) at 40 CFR Section 232.3 and all otherwise applicable laws:

    (1)    normal farming and ranching activities such as plowing, seeding, cultivating, minor drainage, harvesting for the production of food, fiber, and forest products, or upland soil and water conservation practices;

    (2)    normal silvicultural activities include, but is not limited to, forest road construction and maintenance, plowing, seeding, cultivating, minor drainage, and harvesting, carried out for the purpose of growing, harvesting, and regenerating forest stands which are parts of an established and ongoing silvicultural operation and conducted in accordance with Best Management Practices developed by the South Carolina Forestry Commission;

    (3)    maintenance, including emergency reconstruction of recently damaged parts, of currently serviceable structures such as dikes, dams, levees, groins, riprap, breakwaters, causeways and bridge abutments or approaches, and transportation structures;

    (4)    construction or maintenance of farm or stock ponds or irrigation ditches, or the maintenance of drainage ditches at no more than the original depth;

    (5)    for the purpose of construction of temporary sedimentation basins on a construction site which does not include placement of fill materials into state waters;

    (6)    for the purpose of construction or maintenance of farm roads, or temporary roads for moving mining equipment, where these roads are constructed and maintained in accordance with best management practices to assure that flow and circulation patterns and chemical and biological characteristics of the state waters are not impaired, that the reach of state waters is not reduced, and that any adverse effect on the aquatic environment will be otherwise minimized;

    (7)    normal residential gardening and lawn and landscape maintenance.

    Section 48-60-610.    The department is authorized to implement a fee schedule for the noncontiguous wetlands program. The amount of fees collected annually must not exceed the cost of operating the wetlands permitting program. The fees may be retained and expended to operate this program.

    Section 48-60-620. The circuit court of the county in which the affected noncontiguous wetlands area or any part thereof lies shall have jurisdiction to restrain a violation of this chapter at the suit of the department, the Attorney General, or any person adversely affected. In the event the affected noncontiguous wetlands area lies in more than one county, jurisdiction shall be in the circuit court of any county in which any part of the area lies. In the same action the circuit court having jurisdiction over the affected area may require such area to be restored to its original condition, if possible, and environmentally desirable. In the alternative, the department may complete the restoration at the expense of the person altering the area in which case suit for recovery of the amount so expended may be brought in any court having jurisdiction to restrain a violation. No bond shall be required as a condition of the granting of a temporary restraining order under this section, except that the court may in its discretion require that a reasonable bond be posted by any person requesting the court to restrain a violation of this chapter.

    Section 48-60-630.    (A) Any person violating any provision of this chapter is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than six months or fined not more than five thousand dollars, or both, for the first offense, and imprisoned not more than one year, or fined not more than ten thousand dollars, or both, for each subsequent offense.

        (B)    Any violation of any provision of this chapter involving five yards square or less of noncontiguous wetlands may be treated as a minor violation, the penalty for which shall be a fine of not less than fifty dollars nor more than two hundred dollars. The magistrates of this State have jurisdiction over minor violations of this chapter. Each day of noncompliance with any order issued relative to a minor violation or noncompliance with any permit, regulation, standard, or requirement relative to a minor violation shall constitute a separate offense; provided, however, that violations which involve the construction or repair of water control structures shall not be considered minor violations regardless of the area involved.

        (C) Any person who is determined to be in violation of any provision of this chapter by the department shall be liable for, and may be assessed by the department for, a civil penalty of not less than one hundred dollars nor more than one thousand dollars per day of violation. Whenever the department determines that any person is in violation of any permit, regulation, standard, or requirement under this chapter, the department may issue an order requiring such person to comply with such permit, regulation, standard, or requirement, including an order requiring restoration when deemed environmentally appropriate by the department; in addition, the department may bring a civil enforcement action under this section as well as seeking an appropriate injunctive relief under Section 48-60-620.

        (D) All penalties assessed and collected pursuant to this section shall be deposited in the general fund of the State."

    SECTION    2.    When the regulations promulgated by the department pursuant to this chapter are approved by the General Assembly or take effect without action of the General Assembly, the provisions of Section 48-60-560 are thereby repealed and shall no longer have the force and effect of law.

    SECTION 3. This act takes effect upon approval by the Governor./.

    Renumber sections to conform.

    Amend title to conform.

Majority favorable.    Minority unfavorable.

ROBERT L. WALDREP, JR.    DICK ELLIOTT

For Majority.    LARRY GROOMS

    ADDISON G. WILSON

    For Minority.

            

STATEMENT OF ESTIMATED FISCAL IMPACT

ESTIMATED FISCAL IMPACT ON GENERAL FUND EXPENDITURES:

See Below

ESTIMATED FISCAL IMPACT ON FEDERAL & OTHER FUND EXPENDITURES:

See Below

EXPLANATION OF IMPACT:

    The bill establishes a permitting program for the alteration of isolated freshwater wetlands in the state. The Department of Health & Environmental Control (DHEC) currently operates two certification programs for the placement of fill in wetlands and the existing staff can handle much of the work anticipated as a result of this bill. DHEC anticipates 50 to 100 permit applications per year and the additional workload associated with this program (i.e., review applications, evaluate projects for adverse impacts, ensure mitigation, issue permits, investigate complaints) would require two additional employees. Personal Service costs (including fringe benefits) for 1.00 Administrative Specialist II and 1.00 Permit Writer/Project Manager are estimated at $79,430. Operating expenses are estimated at $14,726. One-time office set-up costs for the two new employees are estimated at $7,500. Total first year costs are estimated at $101,156, of which $94,156 is recurring.

    The costs shown above would be offset by the amount of revenue derived from those fees authorized in Section 48-1-590. However, DHEC notes that the fees collected are likely to be less than the cost of operating this type of program. The fee structure would depend on the nature of the project, but would likely range from $50 to $200 per project. Using DHEC's anticipated maximum project permit fee ($200 based on similar regulatory programs) and maximum number of applicants (100), the most DHEC would likely collect in annual fees is estimated at $20,000 annually.

    Approved By:

    Don Addy

    Office of State Budget

A BILL

TO AMEND CHAPTER 1, TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENVIRONMENTAL PROTECTION AND CONSERVATION ENACTING THE "SOUTH CAROLINA CAROLINA BAYS PROTECTION ACT" BY ADDING ARTICLE 3 SO AS TO PROVIDE FOR THE PROTECTION, CONSERVATION, AND MANAGEMENT OF NONCONTIGUOUS WETLANDS WHICH ARE ISOLATED WETLANDS HAVING NO SURFACE WATER CONNECTION TO OTHER STATE WATERS, TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROMULGATE REGULATIONS ESTABLISHING A NONCONTIGUOUS WETLANDS PERMITTING PROCESS, AND TO EXEMPT CERTAIN ACTIVITIES FROM REQUIRING A PERMIT; TO AMEND SECTION 48-1-10, RELATING TO DEFINITIONS IN THE "POLLUTION CONTROL ACT", SO AS TO INCLUDE WETLANDS, CAROLINA BAYS, POCOSINS, BOGS, FENS, WET DEPRESSIONS, VERNAL POOLS, AND GUM PONDS IN THE DEFINITION OF "WATERS OF THE STATE" AND TO DEFINE "WETLANDS" AND "NONCONTIGUOUS WETLANDS"; TO AMEND SECTION 48-1-50, RELATING TO THE POWERS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL UNDER THE POLLUTION CONTROL ACT, SO AS TO INCLUDE THE AUTHORITY TO ISSUE PERMITS FOR DRAINAGE, EXCAVATING, OR CONSTRUCTING ON WETLANDS; AND TO DESIGNATE SECTIONS 48-1-10 THROUGH 48-1-350 AS ARTICLE 1 OF CHAPTER 1, TITLE 48 ENTITLED THE "POLLUTION CONTROL ACT" AND TO RENAME CHAPTER 1 OF TITLE 48 AS "POLLUTION CONTROL AND WETLANDS PROTECTION".

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Chapter 1, Title 48 of the 1976 Code is amended by adding:

"Article 3

South Carolina Carolina Bays Protection Act

    Section 48-1-500.    This article may be cited as the 'South Carolina Carolina Bays Protection Act'.

    Section 48-1-510.    The General Assembly finds:

    (1)    Carolina bays, which are a form of noncontiguous freshwater wetlands, are elliptical, shallow depressions found primarily on the coastal plain of North Carolina, South Carolina, and Georgia. For the most part these land surface form features are not readily visible from ground level, but aerial views show them to be spectacular features with rich ecological diversity.

    (2)    Carolina bays are one form of noncontiguous freshwater wetlands as defined in this article. The origin of the bays has been a subject of controversy for more than half a century, and numerous theories have been proposed over the years but none has been universally accepted by scholars.

    (3)    That Carolina bays and other noncontiguous freshwater wetlands of the State of South Carolina are an invaluable and vulnerable natural resource which provide the following values and functions for the benefit of all citizens of the State:

        (a)    control of peak flood levels by storing and gradually releasing stormwater runoff from watershed lands;

        (b)    provide essential habitat, including nursery areas and food chain elements for fish, wildlife, and plant populations including important commercial, recreational, and endangered species;

        (c)    serve to improve water quality by removing toxic substances, trapping sediment and other suspended materials, and retaining nutrients introduced to the waterway from watershed and upstream sources;

        (d)    provide areas of aesthetic, historic, cultural, and wilderness value as well as enhance tourism and other recreational activities;

        (e)    provide sites for public education and academic and applied research in the fields of biology, ecology, fisheries and wildlife management, and environmental protection;

        (f)    serve as recharge and discharge areas for groundwater which provides sources of public and private water supply;

        (g)    are critical to the long-term protection of the natural water resources of the State;

    (4)    Forested wetlands support a variety of woody plants, including species that are important sources of timber products, the number one cash crop in South Carolina.

    (5)    The Department of Health and Environmental Control is and has historically been the arm of state government charged with protection of the waters of the State;

    (6)    Noncontiguous freshwater wetlands within the State are being adversely affected, and will continue to be adversely affected, by escalating alteration of and construction within these areas, occasioned by increased population growth and resultant development. Systematic review of development activities in freshwater wetlands is necessary to protect and preserve the valuable public benefits provided by these areas.

    (7)    The State has acted for the public benefit to protect coastal saltwater wetland areas, but it has not provided similar protection to noncontiguous freshwater wetland areas.

    (8)    The protection and management of noncontiguous freshwater wetlands, which include Carolina Bays and other similar ecosystems within South Carolina, is a matter of statewide concern and is in the best interests of all present and future citizens of the State.

    (9)    Existing water quality standards, classifications that protect existing uses of waters and an antidegradation policy administered by the Department of Health and Environmental Control, provide an existing legal basis for protecting noncontiguous freshwater wetland resources.

    Section 48-1-520.    (A)    The definitions set forth in Article 1 are incorporated by reference in this article.

    (B)    For purposes of this article:

        (1)    'Materials' means a solid substance including, but not limited to, soil, sediment, aggregate, land, gravel, clay, sand, refuse, or waste.

        (2)    'Mitigation' means applying the following actions in order of acceptability and preference:

            (a)    avoiding an adverse impact;

            (b)    where adverse impacts cannot be avoided, minimizing an adverse impact;

            (c)    where adverse impacts cannot be avoided or minimized, rectifying an adverse impact by repairing, rehabilitating, or restoring the affected environment;

            (d)    where adverse impacts cannot be avoided, minimized, or rectified as described above, compensating for the adverse impact by replacing or providing substitute resources or environments of equal or greater quality and functions.

        (3)    'Person' means an individual, firm, partnership, association, public or private institution, municipality, or political subdivision, federal or state governmental agency, or private or public corporation organized under the laws of this State or any other state or country.

        (4)    'Regulated activity' means any dredging, excavating, or removing soils or other materials, dumping or discharging pollutants or other wastes, filling or depositing materials, erecting or placing a structure, placing an obstruction, driving pilings, or altering hydrology including, but not limited to, draining, flooding, or disturbing the surface or groundwater level or water table within a noncontiguous wetland.

        (5)    'Wetlands permit' means a permit obtained from the department to engage in a regulated activity in a noncontiguous wetlands issued pursuant to the provisions of this article and regulations promulgated under this article.

    Section 48-1-530.    (A)    The General Assembly declares that the public policy of this state is to protect and conserve noncontiguous freshwater wetlands and the values and benefits derived from them through regulation of their use and development in a manner consistent with the general welfare and economic and social development of the State.

    (B)    Specific state policies to be followed in the implementation of this article are to:

        (1)    achieve an interim goal of no overall net loss in acreage and function of the state's remaining noncontiguous wetlands and to achieve a long-term goal of increasing the quantity and quality of the state's noncontiguous wetland resource base; and

        (2)    protect and, where possible, restore or enhance the noncontiguous freshwater wetland resources of this State for this and succeeding generations.

    Section 48-1-540.    (A)    The department shall promulgate regulations, including procedures or standards, as may be necessary to establish a permitting process and provide for the protection of the state's noncontiguous wetland resources in accordance with this article. These regulations must include, but are not limited to:

        (1)    purpose and scope of program;

        (2)    definitions;

        (3)    program policies;

        (4)    jurisdiction;

        (5)    regulated activities;

        (6)    activities exempted, general permits;

        (7)    application procedures;

        (8)    application review criteria, mitigation;

        (9)    public participation;

        (10)    appeals procedure; and

        (11)    compliance and enforcement.

(B) Within twelve months after the effective date of this act, the department must promulgate and submit to the General Assembly for review regulations for a statewide noncontiguous wetlands permitting program. (C)

(D) Until such time as final regulations go into effect, the department shall continue to carry out the procedures set forth by the February 15, 2001, Emergency Regulation adopted by the Board of Health and Environmental Control pursuant to Section 1-23-130. (E)

    Section 48-1-550.    It is unlawful to fill or deposit materials, dump or discharge pollutants or other wastes, dredge, excavate, or remove soils or other materials, erect or place a structure, place an obstruction, drive pilings, or alter hydrology including, but not limited to, drain, flood, or disturb the surface or groundwater level or water table within a noncontiguous wetland unless a wetlands permit has been issued by the department.

    Section 48-1-560.    The department is authorized to require mitigation for impacts to wetlands to replace or compensate for the long and short term economic, environmental, and natural resource benefits that would be lost by the proposed activity.

    Section 48-1-570.    The department is authorized to issue general permits for certain described categories of work, if the work is consistent with all goals and policies of this article.

    Section 48-1-580.    The following activities for which Section 404 permits are not required pursuant to Section 404(f)(1) of the Clean Water Act, 33 U.S.C. Section 1344(f)(1), and which are not recaptured into that permitting process pursuant to Section 404(f)(2), 33 U.S.C. Section 1344(f)(2), do not require a state wetlands permit under this article if they comply with federal regulations implementing Section 404(f) at 40 CFR Section 232.3 and all otherwise applicable laws:

    (1)    normal farming and ranching activities such as plowing, seeding, cultivating, minor drainage, harvesting for the production of food, fiber, and forest products, or upland soil and water conservation practices;

    (2)    normal silvicultural activities carried out for the purpose of growing, harvesting, and regenerating forest stands which are parts of an established and ongoing silvicultural operation and conducted in accordance with Best Management Practices developed for the South Carolina Forestry Commission with provisions pertaining to wetland values and functions;

    (3)    maintenance, including emergency reconstruction of recently damaged parts, of currently serviceable structures such as dikes, dams, levees, groins, riprap, breakwaters, causeways and bridge abutments or approaches, and transportation structures;

    (4)    construction or maintenance of farm or stock ponds or irrigation ditches, or the maintenance of drainage ditches at no more than the original depth;

    (5)    for the purpose of construction of temporary sedimentation basins on a construction site which does not include placement of fill material into state waters;

    (6)    for the purpose of construction or maintenance of farm roads or forest roads, or temporary roads for moving mining equipment, where these roads are constructed and maintained in accordance with best management practices to assure that flow and circulation patterns and chemical and biological characteristics of the state waters are not impaired, that the reach of state waters is not reduced, and that any adverse effect on the aquatic environment will be otherwise minimized;

    (7)    normal residential gardening and lawn and landscape maintenance.

    Section 48-1-590.    The department is authorized to implement a fee schedule for the noncontiguous wetlands program. The amount of fees collected annually must not exceed the cost of operating the wetlands permitting program."

SECTION    2.    Section 48-1-10(2) of the 1976 Code is amended to read:

    "(2)    'Waters of the State' means lakes, bays, sounds, ponds, impounding reservoirs, springs, wells, rivers, streams, creeks, estuaries, marshes, wetlands, Carolina bays, pocosins, bogs, fens, wet depressions, vernal pools, gum ponds, inlets, canals, the Atlantic Ocean within the territorial limits of the State, and all other bodies of surface or underground water, natural or artificial, public or private, inland or coastal, fresh or salt, which are wholly or partially within or bordering the State or within its jurisdiction;"

SECTION    3.    Section 48-1-10 of the 1976 Code is amended by adding at the end:

    "(24)    'Wetlands' means those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands must possess hydrophytic vegetation, hydric soils, and wetland hydrology. Wetlands must be delineated in accordance with current delineation requirements of the United States Army Corps of Engineers.

    (25)    'Noncontiguous wetlands' means isolated wetlands which are those wetlands that do not have a surface water connection to other state waters or as otherwise defined by the U.S. Army Corps of Engineers. Noncontiguous wetlands include, but are not limited to, Carolina bays, pocosins, bogs, fens, wet depressions, vernal pools, and gum ponds."

SECTION    4.    Section 48-1-50 of the 1976 Code is amended by adding at the end:

    "(26)    Issue, deny, revoke, suspend, or modify permits for draining or excavating or constructing in noncontiguous wetlands."

SECTION    5.    Sections 48-1-10 through 48-1-350 of the 1976 Code are designated as Article 1 of Chapter 1, Title 48 to be entitled the "Pollution Control Act". Chapter 1 of Title 48 is renamed "Pollution Control and Wetlands Protection".

SECTION    6.    This act takes effect upon approval by the Governor.

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This web page was last updated on Tuesday, December 8, 2009 at 11:12 A.M.