Local Wetlands Ordinances

South Carolina's wetlands are disappearing. Federal rollbacks, state inaction and the fastest growth rate in the nation are converging at exactly the wrong time. In 2022, SCELP developed a free, practical tool to help local governments meet this moment: a model wetlands ordinance that any county or municipality can adapt and adopt to protect wetlands and their community.

Access Our Model Wetlands Ordinance

South Carolina’s Wetlands

South Carolina is home to a variety of wetlands shaped by its coastal plain, rivers and climate – from salt, brackish and freshwater marshes along the coast to inland swamps, bottomland hardwood forests and Carolina Bays. Wetlands make up approximately 23% of the state's total land area, and half of the salt marsh on the entire Eastern Seaboard of the United States.

Wetlands are areas of land saturated with water at or near the soil surface for extended periods of time. They are defined by three core characteristics: hydrology, soil typology and water-loving vegetation.

What's at Stake?

South Carolina has already lost an estimated 27% of its historic wetlands – more than 2.3 million acres – and the pace of loss is accelerating as population growth and development pressures increase across the state.

For decades, the federal Clean Water Act provided a national framework for wetland protection. That significantly changed in 2023, when the U.S. Supreme Court's 5-4 decision in Sackett v. EPA severely narrowed the definition of federally protected waters, stripping protections from millions of acres of wetlands. The NRDC estimates that under the most damaging interpretation of Sackett, more than 1.77 million acres of South Carolina's wetlands – roughly three-quarters of the previously regulated total – are vulnerable to losing federal protection.

South Carolina currently has no independent state permitting authority over wetlands. SCELP continues to advocate for a state wetlands bill, but for now, what the federal government no longer protects, nothing else does – unless local governments act.

When wetlands are filled and built upon, they lose their ability to absorb floodwaters, lower storm surge, slow downstream water movement and filter pollutants from the environment. The result for surrounding communities is a compounding cycle of increased flooding, degraded water quality and accelerating erosion – a destructive combination that only worsens as intense storm events become more frequent.

The communities most at risk are already feeling the pressure:

  • Jasper County ranks #1 in the state for wetlands vulnerability, with an estimated 35,000 to 113,000 acres at risk, while simultaneously ranking as the fastest-growing county in the United States.
  • Colleton County, home to portions of the ACE Basin, ranks #2, with 27,000 to 161,000 acres at risk.
  • Horry, Charleston, Berkeley and Dorchester Counties all rank among the most vulnerable and have experienced relentless growth pressure and increased flooding for years.
  • Marion, Orangeburg, Hampton and Williamsburg Counties round out the most vulnerable in the state.
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"The Upstate, and Greenville specifically, is facing a tremendous amount of growth and development pressure, and SCELP's role in advocating for smart land use planning and regulations that protect our water quality is critical to preserving our already overburdened natural resources."

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