SOUTH CAROLINA — In recognition of American Wetlands Month, the South Carolina Environmental Law Project (SCELP) publicly launched a model wetlands ordinance designed to help any South Carolina county or municipality protect wetlands within their own jurisdiction.

The model ordinance, developed by SCELP in 2022 in response to ongoing federal uncertainty and in anticipation of rollbacks under the U.S. Supreme Court's landmark Sackett v. EPA decision, is now widely available to any local government or community advocate through SCELP's new wetlands page.

"We developed this tool because we knew federal protections weren't going to hold," said SCELP Staff Attorney Emily Poole. "The Sackett decision confirmed what we feared – and now, with South Carolina growing faster than any other state in the nation, the urgency for local action has never been greater. We want every community in South Carolina to know this tool exists and that we are here to help them use it."

The gap is real – and growing. The 2023 Sackett v. EPA decision further stripped federal Clean Water Act protections from millions of acres of wetlands nationwide. 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 at risk of losing federal protection. South Carolina currently has no independent state permitting authority over wetlands. Without reliable federal or state protection, local governments are the last line of defense.

The stakes are particularly acute in communities experiencing rapid growth. Jasper County, now the fastest-growing county in the United States, ranks first in the state for wetlands vulnerability, with an estimated 35,000 to 113,000 acres at risk. Colleton County, home to portions of the ACE Basin, ranks second.

SCELP's model ordinance has already helped several communities take action:

• The Town of Bluffton became the first municipality in South Carolina to pass a wetlands protection ordinance in the wake of Sackett, requiring a 50-foot undisturbed buffer around on-site wetlands.
• The Town of Awendaw has also passed a standalone wetlands ordinance based on SCELP's model.
• Georgetown County is currently moving its version of the ordinance through the approval process.

"The momentum is real," said SCELP Senior Attorney Jessie White. "Bluffton and Awendaw have shown that local governments can and will act when they have the right tools and support. We're eager to partner with other local jurisdictions to bring this tool to life."

SCELP's model wetlands ordinance is designed to minimize implementation costs, streamline the process alongside existing state and federal requirements and provide flexible, locally tailored protections. SCELP provides pro bono legal expertise to help local governments adapt and adopt the ordinance for their specific needs.