COASTAL OBSERVER

Georgetown County plans to add extra protection for wetlands through an ordinance that would establish buffers and setbacks and require permits for any disturbances, but it won’t add to the planning and zoning staff that will administer the ordinance.

“I don’t have any promises for new staff,” said Holly Richardson, the county planning director. “We are¡ going to rely a lot on wetlands professionals.”

The ordinance is among the goals set by the county’s comprehensive plan, which was updated last year. It would create a minimum 35-foot buffer between wetlands and new development. There would also be a 15-foot minimum building setback from the buffer.

There are exemptions for existing structures as well as lots that have been platted, but remain vacant.

Farming and timber operations are also exempt. So are public projects, such as utilities and roads.

The planning staff is still working on changes to the ordinance, including some proposed at a workshop with the Planning Commission last week.

“I applaud the county for moving forward,” said Chuck Oates, vice president of environmental services for the Brigman Co., a wetlands consulting firm in Conway.  “This is just another layer of protection, which is not a bad thing.”

He was among the people who helped county staff draft the proposed ordinance based on a model ordinance proposed by the S.C. Environmental Law Project.

Oates questioned whether a property owner will need to come to the county before seeking state or federal permits for disturbing wetlands. Is it possible to obtain a permit from those agencies, but still be denied a county permit, he asked.

“This is a way for the county to say it doesn’t matter what happens in federal space,” said Amy Armstrong, executive director of the law project.

She noted that 2 acres of an isolated wetland in Litchfield, known as a Carolina bay, were filled by a developer because neither a state or federal permit was required. That’s why she said the county approval needs to come first, she said.

“We don’t want to make it more onerous. We are trying to protect areas that aren’t protected now,” Richardson said.

The ordinance requires that the owner of property containing wetlands has those wetlands delineated by a professional. If there are no wetlands, the owner can sign an affidavit attesting to that, Richardson said.

“I would assume that the county is going to have to hire staff,” commission member Bill Hills said.

“The county is going to have to hire a person with the skills,” Oates said.

Richardson told them that the county plans to rely on the experts hired by the property owners.

“I would argue that there a lot of people in state and federal government who don’t know about wetlands that are making decisions all the time,” Armstrong said.

The definition of wetlands in the ordinance is based on the standards used by state and federal agencies, Richardson said. 

“It’s not something you can see with the naked eye,” she said. “It’s a science.”

Hills was concerned that the ordinance refers to wetlands as a “fluid ecosystem.”

“That really opens the doors to over-enforcement,” he said. “There are people who will regulate private landowners out of their land if given the opportunity.”

Oates said that the word “fluid” was appropriate. Property that is “marginally wet” could become less so if there is other work in the area that changes the water flow.

“If you give me a core digger and some boots, I’ll tell you if it’s wet or not,” commission member Marla Hamby said.

She asked if the ordinance would limit the amount of fill dirt that can be used to raise property for development.

Richardson said it wouldn’t allow any filling of wetlands unless the applicant can show there is no feasible alternative.

“The burden of proof is going to be on the applicant,” she said.

Armstrong said the current draft represents compromises. “The buffer widths are way down from what our scientists recommended,” she said.

Areas adjacent to state or federally-protected lands should have a 300-foot buffer, said Becky Ryon, north coast director for the Coastal Conservation League. Greenville requires a 100-foot buffer along rivers and streams, she added.

“Good luck with that,” Hills said.