Keep South Carolina Wild

Category: Advocacy

Native Plant Resolution Passes!

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South Carolina takes a huge step forward for wildlife habitat enhancement

Native plants have formed symbiotic relationships with native wildlife over thousands of years, and therefore offer the most sustainable habitat for wildlife. The South Carolina Wildlife Federation (SCWF) and several of our conservation partners drafted a concurrent resolution to “recognize the essential value and importance of South Carolina native plants to the state’s environment, landscape, agriculture, history, and economy, and to encourage State agencies, local governments, and private landowners to use native plants for landscaping, erosion control, and vegetation management whenever possible to promote the viability of migratory and nonmigratory pollinators and to help to preserve South Carolina’s unique flora and fauna.” This Resolution passed the SC Legislature on April 23, 2025.

“Passage of this resolution shows that SC leaders value the natural beauty of our state, and have a desire to preserve the essential habitats on which our wildlife depend,” said Sara Green, SCWF executive director. “This is a critical time to enhance habitat for wildlife – our state has more than twice as many species of concern as we did only 10 years ago. Our organization stands ready to assist anyone who needs additional information about native plants valuable to wildlife.”

A plant is considered native if it has occurred naturally in a particular region, ecosystem, or habitat without human introduction. Exotic plants that evolved in other parts of the world or were cultivated by humans into forms that don’t exist in nature do not support wildlife as well as native plants. Occasionally, they can even escape into the wild and become invasive exotics that destroy natural habitat. Native plants help the environment the most when planted in places that match their growing requirements.

They will thrive in the soils, moisture and weather of your region. That means less supplemental watering, which can be wasteful, and less pest problems that require toxic chemicals. Native plants also assist in managing rainwater runoff and maintain healthy soil as their root systems are deep and keep soil from being compacted. Discovering the native plants where you live can also define a unique sense of place and heritage for your garden habitat while preserving the natural history of the flora and fauna of your region.

Native plants often provide food for wildlife in the form of berries, seeds, nuts or nectar. Some wildlife will eat the leaves too, including caterpillars. Native plants also provide shelter and nesting sites for wildlife.

There are a wide variety of native options for any landscaping need. To assist in using native plants for landscaping, the SCWF website’s Native Plant page has a long list of native plants which are valuable to wildlife, as well as a list of local plant nurseries which sell natives: https://www.scwf.org/native-plants/

SCWF also has a partnership with Gardening for Wildlife where you can mail order native plants: https://fundraising.gardenforwildlife.com/1i2qgt

Native oaks and maples are great options for large trees, as well as smaller trees like dogwoods, red bud, paw paw, and sassafras. Examples of native garden plants which are beautiful and also have value for wildlife include: coreopsis, black-eyed susans, joe-pye weed, yarrow, bee balm, columbine, and milkweeds.

To recognize the efforts of landowners who incorporate native plants for habitat, properties can become Certified Wildlife Habitats through the SCWF and the National Wildlife Federation. This designation ensures valuable habitat while also helping to educate neighbors and community members about the needs of wildlife. Even larger properties such as industrial sites can be certified through SCWF’s Wildlife And Industry Together (WAIT) program. Companies like BMW, Honda, Michelin, Duke Energy, and others have already converted their unused lands to wildlife habitat. If homeowners, business owners and local governments work together, the whole neighborhood or town can be certified through the Community Wildlife Habitat program. All of these programs focus on native plants and other habitat elements and sustainable gardening practices.

South Carolina’s new Native Plant Resolution furthers efforts by the General Assembly in the past. In 2017, a bill designated the third week of every October as Native Plant Week in SC. In 2018, the “Solar Habitat Bill” created guidelines for using native plants at large scale solar installations.

 

Here is the full text of the new Native Plant Resolution:

Whereas, South Carolina’s native plants provide iconic, economic, artistic, historical, and environmental values, unparalleled for beauty and unique to the history of the State and its future; and

Whereas, native plants are those which occur naturally in the specific regions in which they evolved, including our estuarine and tidal freshwater, maritime strand, freshwater wetlands, river and palustrine forested wetlands, and associated coastal uplands; and

Whereas, South Carolina contains over four thousand native plant species, subspecies, and varieties, making South Carolina home to a tremendously rich and diverse plant life, and twenty-one of those species are considered to be threatened or endangered; and

Whereas, maintaining and restoring the native plant habitat in South Carolina is vital to preserving South Carolina’s present and future biodiversity amid a changing environment; and

Whereas, native plants are more drought-tolerant, provide essential food sources for insects, birds, and wildlife, and require less water. They also act as natural pollinators and help filter out fertilizers and chemicals, promoting water conservation and improving the quality of stormwater runoff. Additionally, native plants enhance the resilience of ecosystems in South Carolina; and

Whereas, native plants provide high-quality food and shelter for more than three hundred resident and migratory bird species in South Carolina, one hundred sixty-one of which are species of greatest conservation need; and

Whereas, South Carolina currently contends with over ninety invasive and exotic plants, many of which compete with native plant species, degrade soil, facilitate erosion, require more fertilizers and chemicals, provide fewer food sources to native birds and other wildlife, and alter the state’s natural landscapes; and

Whereas, the state’s original Native American residents lived and thrived by knowledge of native plants which provided generations with food, clothing, shelter, dyes, tools, medicines, and fuel; and

Whereas, from the state’s earliest time, native flora and fauna have provided a rich landscape, inspiring and influencing notable literary and artistic works by internationally recognized figures and thereby securing South Carolina’s legacy in natural heritage; and

Whereas, South Carolina’s native plants and their derivatives have provided essential foods, medicines, and other products of global import since the colonial period, while native plants, such as sweet grass and Carolina yellow jessamine, play an important role in the state’s cultural heritage; and

Whereas, native plant horticulture contributes significantly to the state’s economy and employs thousands of South Carolinians, providing a thriving, vital, and ever-expanding industry, who do their part to preserve, protect, and restore precious native habitats by using South Carolina native plants whenever possible for landscaping, erosion control, and vegetation management; and

Whereas, the state’s native plants provide essential watershed protection, helping natural aquifers recharge, serving to filter water naturally flowing into rivers and estuaries, lessening erosion and flooding, and supporting rich biodiversity in birds and wildlife; and

Whereas, gardens and landscapes comprised of South Carolina’s native plants require far fewer fertilizers, soil amendments, or pesticides, and use significantly less water compared to nonnative plants; and

Whereas, pollinators such as birds, bees, and insects, including migratory butterflies, hummingbirds, and other threatened species, depend on the biodiversity of native plants for their survival; and

Whereas, many native South Carolina plants have played a vital role in state and national history, compelling the United States Congress, the State of South Carolina, and many local communities throughout the State to protect the beauty, power, and grandeur of our wild spaces; and

Whereas, planting, restoration, preservation, and cultivation of the state’s indigenous plants provides a natural link to wild land areas present and past, while presenting beauty and benefit and instilling a greater appreciation for South Carolina’s natural heritage; and

Whereas, this resolution is not state law. It is merely intended to encourage the people of South Carolina to plant and foster the growth of plants native to South Carolina.

Now, therefore,

Be it resolved by the House of Representatives, the Senate concurring:

That the members of the South Carolina General Assembly, by this resolution, recognize the essential value and importance of South Carolina’s native plants to the state’s environment, landscape, agriculture, history, and economy and encourage all state agencies, local governments, and private landowners to use native plants for landscaping, erosion, and vegetation management whenever possible to promote the viability of migratory and nonmigratory pollinators and to help to preserve South Carolina’s unique flora and fauna.

Be it further resolved, that the Department of Administration is urged to circulate this concurrent resolution to all state agencies and state governmental units engaged in or overseeing the landscaping or grounds maintenance of properties so that they are made aware of the General Assembly’s interest in this matter.

Photo by Robert Carter.

Legislative Update

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The South Carolina Legislature convened on January 14, 2025 for the first session of the two-year session of the 126th General Assembly. The General Assembly will adjourn sine die on Thursday, May 8 at 5:00 pm.

The House has passed a budget, and sent it over to the Senate for review.  SCWF is strongly supporting more funding for land protection and acquisition in the Conservation Bank’s and the Department of Natural Resources’ budget requests. Additionally, SCWF is supporting the Forestry Commission budget request for more personnel and equipment.

Outside of state budget issues, most of our efforts this early in the session pick up familiar issues that we have supported in the past as well as some new areas of focus.  A few of those issues are listed below – check the links for detailed descriptions and current status of the bills.

Our website HERE has a complete list of wildlife-related bills, updated daily. 

 

Current Legislation:

  • S.0363 Joint Resolution on Shorebird Habitat Protection – PASSED!!Brown Pelican by Jennifer Plunket.
    The SC Department of Natural Resources submitted these regulations that would close Deveaux Bank to all human traffic from March 15 through October 15.  The closure timeframe is significant for successful seabird nesting as disturbances from human interaction has proven to be detrimental to this important resting and nesting period.
  • S.0339/H.3991 SC Lights Out Program – PASSED!! This resolution declares the nights of March through May and August through October as “Lights Out Nights in South Carolina Season” and urges South Carolina residents to turn out non-essential lights at night during these critical periods in the spring and fall for the protection of birds in South Carolina.
  • H.3872 Hunting Heritage Protect Act – ensures that there is no net loss of Department-managed land for hunting and fishing (excludes leased land). This bill has passed the House and now in the Senate.
  • H.4211 SC Native Plants – encourages State agencies, local governments, and private landowners to use native plants for landscaping, erosion control, and vegetation management whenever possible to promote the viability of migratory and nonmigratory pollinators and to help to preserve South Carolina’s unique flora and fauna. This bill passed the House unanimously and is now in the Senate.
  • H.3409/S.0252 Conservation Tax Credit – amends South Carolina’s tax code to increase the tax credit available for qualified conservation contributions of real property. The per-acre tax credit cap remains at $251,000 per acre, which applies to various types of land including uplands, wetlands, ponds, hardwood bottomlands, and Carolina Bays, but would exclude property within the intertidal zone.  The bill also increases the total credit a taxpayer may use in a single tax year from $52,500 to $105,000.
  • S.0288 Transfer of Development Rights – these tools for local governments can be customized to local needs — protecting areas that are of local value and promoting development where local governments see the best prospects for smart and efficient growth. This promotes efficient land use, which protects natural resources and can lead to savings on public expenditures like infrastructure.
  • H.4050/S.0227 Concurrency bills – Concurrency is a policy tool that empowers local governments to synchronize development and population growth. Concurrency can promote more efficient land use by optimizing the use of existing infrastructure and preventing sprawl.
  • S.0165 Conservation Education Act – establishes the South Carolina Conservation Education Fund to support youth environmental and natural resource education programs.
  • S.0383 State Migratory Bird – This bill would designate the Prothonotary Warbler (Protonotaria citrea) as the official state migratory bird of South Carolina, recognizing the species’ significant ecological and cultural importance.

 

Stay tuned to our website HERE for updates on these bills and others!

 

Photo credits: SC State House by Sara Green, Brown Pelican by Jennifer Plunket, and Native Plants by Savannah Jordan.

Turn Out the Lights for the Birds at Night!

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A recent resolution was passed by the S.C. General Assembly that officially declared the nights of March through May and August through October as “Lights Out Nights in South Carolina Season” and urges South Carolina residents to turn out non-essential lights at night during these critical periods in the spring and fall for the protection of birds in South Carolina.

The Cornell Lab of Ornithology uses BirdCast to track and forecast bird migration across the U.S., and has reported during peak migration periods, over a billion birds can migrate across the country in a single night! Every year, billions of birds migrate north in the spring and south in the fall, the majority of them flying at night, navigating the night sky.

The dark skies allow the migrating birds to avoid predators, take advantage of calmer air, and utilize the moon and stars for navigation. However, as birds pass over communities and cities on their way, they can become disoriented by bright artificial lights and skyglow. Some birds become casualties of nighttime collisions with windows and walls. Others circle in confusion until dawn, when they land exhausted and are subject to other urban threats. This issue impacts hundreds of species, including priority species such as the wood thrush and the seaside sparrow.

Thanks to the work of Audubon South Carolina, in collaboration with SCWF, the passing of this resolution is an important step towards a binding lights out ordinance that will require certain buildings in cities and towns across South Carolina to adopt bird-friendly lighting practices. The Charleston City Council passed a similar “Lights Out” proclamation on March 11th , which will hopefully lead to other cities and towns in South Carolina to follow suit. It was great to see the City of Charleston recognize lights out as a way to protect migratory birds passing through our skies. Special thanks to council member Ross Appel for working on this important initiative for our birds!

Jennifer Tyrrell with Audubon South Carolina stated, “It was great to see the City of Charleston recognize lights out as a way to protect migratory birds passing through our skies. Special thanks to council member Ross Appel for working on this important initiative for our birds!”

Join individuals and businesses across South Carolina to help our feathered friends on their long journeys with Lights Out South Carolina! Through taking collective action, we can help ensure that South Carolina skies provide safe passage.

 

See the full Senate Resolution at the link below:

https://www.scstatehouse.gov/sess126_2025-2026/bills/339.htm

Check out this webinar on the dangers that birds face during migration, issues of light pollution for wildlife, and the steps we can all take to protect birds and wildlife.

https://www.youtube.com/watch?v=BsS2n9yY1DU

Want to monitor bird migration for South Carolina or your city? Check out Cornell’s BirdCast Migration Dashboard.

Conservation Lobby Day

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Conservation Lobby Day was a huge success last week, and SCWF staff were proud to be joined by several high school students and their parents at the State House. The students were members of the Salt Marsh Pony Club, Aiken County Pony Club, Palmetto Pony Club, Aiken Hounds and Camden Hunt, all of whom place a strong emphasis on land conservation.

After SCWF prepared them to speak with state lawmakers regarding several conservation-related bills, the students were eager to show up and meet their senators and representatives. Students were from all around the state, and all of them were able to speak with lawmakers from their districts to express their support of conservation in our state.

This was a great way to introduce them to the lawmaking process and they were able to observe activity in both the Senate and the House chambers. They even had the opportunity to visit Senator Campsen’s office to hear about the Conservation Education Bill (S.165).  SCWF was happy to help train and encourage these future wildlife advocates!

Image Caption: SC Conservation Lobby Day Group by CrushRush Photography LLC.

Bipartisan Grasslands Conservation Effort Will Help Reverse Wildlife Crisis, Restore Endangered Landscapes

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WASHINGTON, D.C. (October 9, 2024) — The bipartisan North American Grasslands Conservation Act will catalyze a concerted, collaborative effort to save one of the country’s most important and imperiled landscapes, which support wildlife, communities, livelihoods, and the outdoor recreation economy. The bill, introduced by U.S. Reps. Nancy Mace (R-S.C.), Sharice Davids (D-Kan.), Brian Fitzpatrick (R-Penn.), and Mike Thompson (D-Calif.) will help counter and reverse the staggering and ongoing loss of grasslands from conversion to croplands and other drivers, which have exacerbated the wildlife and climate crises.

“Healthy grasslands and shrublands are essential to reducing flooding and wildfires, sustaining robust wildlife populations, and supporting local communities. Building upon the lessons learned over three decades from the highly effective North American Wetlands Conservation Act, the bipartisan North American Grasslands Conservation Act will leverage unprecedented investment to save some of our most imperiled ecosystem,” said Collin O’Mara, president and CEO of the National Wildlife Federation. “This bipartisan proposal will bring long-overdue resources to restore iconic landscapes based upon priorities established through the first-ever North American Grasslands Conservation Strategy, while mobilizing a movement to conserve, restore, and revitalize our prairies for ranchers, hunters, and wildlife alike.”

Eastern meadowlark, by Teresa Kopec

“South Carolina’s grasslands are home to some of our state’s most important and iconic wildlife like Northern Bobwhites and the Eastern meadowlark,” said Sara Green, executive director of the South Carolina Wildlife Federation. “The bipartisan North American Grasslands Conservation Act will help drive science-based, voluntary efforts to conserve this important landscape and ensure it endures for future generations. Thank you to Representative Nancy Mace and her colleagues for leading this important, bipartisan effort to restore one of South Carolina and the nation’s most threatened ecosystems.”

“As the Kansas Wildlife Federation approaches its 75th anniversary, we are committed to contributing to the conversation about grassland conservation in our state,” said Alfonso Leyva, president of the Kansas Wildlife Federation. “Protecting North America’s grasslands is essential for Kansas’ wildlife, ranchers, and environment. The North American Grasslands Conservation Act provides the tools and support needed to restore these vital ecosystems while empowering land stewards to lead the way.”

Northern bobwhite, by James Edwards

“We know that a huge barrier to protecting Native lands and resources is a lack of sustainable funding,” said Shaun Grassel, CEO of Buffalo Nations Grasslands Alliance and a member of the Tribal Advisory Council for the National Wildlife Federation. “The North American Grassland Conservation Act provides much-needed grants to Tribes and Tribal organizations to carry out Indigenous-led conservation of culturally and ecologically important wildlife species. Together, we can protect an ecosystem that not only mitigates the effects of climate change, but has significance to Native peoples.”

Grasslands and sagebrush shrub-steppe are some of the most threatened ecosystems in the world. According to recent research, the United States lost 1.1 million acres of grasslands every year from 2008 through 2016. An average of roughly 1.2 million acres of sagebrush burn each year due to invasive annual grasses, which contribute to and fuel catastrophic wildfires. This habitat loss has caused total grassland bird populations to decline by more than 40 percent since 1966. Some species, such as the Western meadowlark, are at heightened risk of extinction. Species like the bobwhite quail have seen declines of nearly 85 percent over the past several decades.

The North American Grasslands Conservation Act authorizes $60 million in grants to support voluntary grassland and sagebrush restoration and conservation projects, such as incentivizing prescribed burns, managing invasive species, grazing management training and grassland conservation easements. Additionally, the bill’s funding opportunities also will help Tribal nations to engage in grasslands conservation and include Tribal representation on the program’s governing council. The legislation also would promote the application of Indigenous traditional ecological knowledge in restoring and sustaining grasslands.

Longleaf pine savanna, by Steve Moore

Learn more about SC Grasslands

How Hurricanes Affect Wildlife and How We Can Help

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Last week, Hurricane Helene showed us that whether we live on the coast or in the mountains, anywhere can be vulnerable to the devastating effects of major storms. To a degree, humans can prepare for these types of storms that continue to become stronger and more frequent, but what about wildlife? How do they respond to extreme weather events and what we can do to help them? Read the article below, adapted from the National Wildlife Federation’s blog post Seven Things to Know About How Hurricanes Affect Wildlife.

GOES-16 GeoColor satellite loop from September 26 to 27, 2024 showing Helene moving through the Southeast U.S. NOAA National Weather Service

Wind Dislocation

Powerful winds from hurricanes and tropical storms can blow birds off course and push them hundreds of miles away from their home habitat. Last year, a North Carolina brown pelican was found on the roof of a night club in Halifax, Nova Scotia. The news often covers the appearance of rare species after a major storm. Sometimes younger or weaker birds become separated from their flock and many can take weeks to return home — if they can find the right foods on their way back.

During major storms, sea birds and waterfowl are most exposed. Songbirds and woodland birds, however, are specially adapted to hold on and ride things out. Their toes automatically tighten around their perch. This holds them in place during high winds or when they sleep. Woodpeckers and other cavity nesters will, barring the destruction of the tree itself, ride out storms in tree holes. Shorebirds often move to inland areas. In a unique effect of cyclonic hurricanes, the eye of the storm with its fast-moving walls of intense wind can form a massive “bird cage” holding birds inside the eye until the storm dissipates. It is often the eye of the storm that displaces birds, more than its strong winds.

Birds are not the only species affected by the winds. Sea mammals can be harmed too. While many can seek shelter in open water or in near shore shelter, some dolphins and manatees have actually been blown ashore during major storms.

Tree Loss

In 1992, Hurricane Andrew brought incredible wind velocities onshore and knocked down as many as 80% of the trees on several coastal Louisiana basins, such as the Atchafalaya. Tree loss during Hurricane Katrina in 2005 caused even more extensive damage. Loss of coastal forests and trees can be devastating to dependent wildlife species and migratory species. Many wildlife species have very specialized niches in these forests that are lost to heavy winds. Specific foods can be taken away too. High winds will often strip fruits, seeds and berries from bushes and trees.

Dune and Beach Loss

Storm surges, wave action, and winds can cause beach and dune erosion and that can have severe effects of species. Many wildlife species live in ecological niches in the sandy areas and dunes of coastal barrier island. In some cases the storm can cause a beach area to disappear. Sea turtle nests, for example, can be washed out, or a water surge, called a “wash over” can submerge these nests or tern and plover nesting areas.

Saltwater Intrusion

The sustained and powerful winds of a hurricane will cause salty ocean water to pile up and surge onshore. These “storm surges” can be huge. Hurricane Irene’s surges brought water levels that were as much as 8 feet above normal high tide and Katrina pushed a 30 foot high surge onto the coast. In addition to the physical damage this causes, the salt contained in sea water dramatically shifts the delicate balance of freshwater and brackish wetland areas. Creatures and vegetation that are less salt-tolerant will be harmed and many will not survive this influx of sea water. Marsh grasses, crabs, minnows, fish hatchlings, insects, and myriad creatures of freshwater and estuarine environments are harmed. The salt water intrusion in these some of these areas does not drain off very quickly and can even harm or kill off bottomland forests and other coastal trees.

Freshwater Flooding

The reverse is true too. The heavy rains generated by hurricanes will dump water in coastal area river basins (called watersheds) and this, in turn, can send vast amounts of fresh water surging downstream into coastal bays and estuaries. This upsets the delicate and finely tuned freshwater/salt water balance that can be so vital for the health of these ecosystems. In 1972, Hurricane Agnes sent such massive amounts of freshwater into the Chesapeake Bay. The normally brackish (partially salty) water was fresh for months placing great pressure on the species living there.

Turbidity

Heavy rainfall in upstream areas also washes soil, sediment and many pollutants into coastal and marine environments. After Hurricane Agnes, the turbidly or cloudiness of the water became so severe in the Chesapeake Bay that the native grasses growing on the bottom of Bay died off in huge quantities. These grasses provided critical habitat from crabs, fish spawning and many species. It took the Bay years to recover. Similarly, sediment can wash over coral reefs, blocking needed sunlight and even causing algae to grow.

Marine and Aquatic Species

Hurricane Irene, like other hurricanes, generated massive waves and violent action on the surface. When hurricane Andrew hit Louisiana the government estimated that more than 9 million fish were killed offshore. Similarly, an assessment of the effect of that same storm on the Everglades Basin in Florida showed that 182 million fish were killed. Hurricane Katrina also had a huge effect on dolphin species. Many dolphins were hurt during the storm and were rescued and underwent rehabilitation.

What Can You Do?

The forces of hurricanes, such as Helene, are so immense that they deserve tremendous respect. So the first thing you can do is to stay safe yourself. Heed public safety warmings, prepare your property by collecting and storing lose items outside, be prepared for power outages and use common sense. Following a storm, birders and wildlife enthusiasts can help by keeping their eyes peeled for unusual or rare species that turn up. It is useful for wildlife agencies to hear about rare appearances. Wildlife rescue organizations should be contacted if someone sees a creature that was injured in a storm. It always recommended to avoid trying to handle and injured animal on your own unless you have had specific training. If you usually feed birds at your home, the post storm calm is a good time to fill up those feeders. Your pals will probably be hungry and tired after waiting out the storm.

Create a Certified Wildlife Habitat

And help wildlife survive in all kinds of weather

Groups sue DES over illegal rules for major water withdrawals

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SCWF joined this lawsuit in accordance with our mission to: conserve and restore South Carolina’s wildlife and wildlife habitat through education and advocacy. Help us continue this important work by donating today:

https://www.scwf.org/donate

Groups sue DES over illegal rules for major water withdrawals

Loophole allows removal of all water from rivers

CHARLESTON, S.C. — Today, the Southern Environmental Law Center filed a lawsuit in South Carolina state court against the South Carolina Department of Environmental Services challenging the agency’s “safe yield” rules for large water withdrawals. The DES rules allow major agricultural corporations to remove all the water from rivers and streams across South Carolina. Other state and federal agencies have criticized this loophole.

In the complaint filed on behalf of Friends of the Edisto, American Rivers, and the South Carolina Wildlife Federation, SELC asked the court to strike down the “safe yield” rules because they violate the Surface Water Withdrawal, Permitting, Use, and Reporting Act. This statute requires DES to protect river flows for the people, business, small farms, and endangered wildlife that rely on abundant clean water.

“We asked DES to change its illegal rules and follow the law passed by our elected representatives to protect families, businesses, and wildlife that rely on this water downstream,” said Frank Holleman, Senior Attorney at SELC. “Instead of obeying the law and requiring that our rivers and communities get at least the protections that our state law requires, DES has stuck with illegal rules that allow the complete dewatering of our rivers and streams.”

After SELC filed a petition with DES in November challenging the rules, DES refused to change the rules, resulting in today’s lawsuit.

“There is nothing ‘safe’ about the ‘safe yield’ rules. Just the opposite: they are a blank check for mega farms to completely de-water rivers,” said Hugo Krispyn, the Edisto Riverkeeper. “We are overdue for sensible, sustainable rules that balance everyone’s right to use our rivers and conserve our river ecosystems.”

“DES’s lax water protections draw interstate agriculture operations to South Carolina, where they can drain our rivers for free to the detriment of people and wildlife,” said Sara Green, Executive Director of the South Carolina Wildlife Federation. “The harms will only get worse as population growth and drier, hotter summers further strain our water resources in the coming years.”

“There are ways to sustainably draw from our rivers and leave enough water for swimming, fishing, drinking, farming, and the health of communities and wildlife,” said Peter Raabe, Southeast Regional Director at American Rivers. “Unfortunately, these DES rules put the profit of major agricultural corporations above this greater good.”

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Banner photo credit: Catawba River by Jacque Weir

Story published here:

07/16/24: Legal battle over future of SC’s rivers heats up as state pushes through drought – Post and Courier

07/15/24: Lawsuit accuses state agency of failing to protect rivers as drought grips SC – Rock Hill Herald

07/15/24: Lawsuit accuses state agency of failing to protect rivers as drought grips SC – The State

Working Agricultural Lands Protection Act Signed!

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Working Agricultural Lands Protection Act (H.3951)

This legislation was introduced in the House of Representative in 2023 by Rep. Patrick Haddon, a family farmer and State Representative from Greenville. The bill creates a special program within the South Carolina Conservation Bank designed solely for the purpose of funding conservation easements on working farmlands in the state. Not only will this bill significantly help family farms withstand the pressures of development and stay in business, but it will also preserve wildlife habitat throughout the state when farmlands are protected by a perpetual conservation easement. SC Wildlife Federation, along with our conservation partners, strongly advocated in favor of this legislation and worked over the course of two legislative sessions to ensure its passage. Originally introduced in February of 2023, the Working Agricultural Lands Protection Act recently received final approval by the General Assembly and has now been signed into law by the Governor.

A ceremonial bill signing event was held at Cottle Farms in Hopkins, SC and attended by many supporters of the bill.

Representatives from several conservation organizations, including SCWF, posed for a photo with Governor Henry McMaster after the bill signing ceremony at Cottle Farms in Hopkins.

Banner image by Leonard Vaughan.

SC Legislative Update

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SCWF works diligently with state legislators to protect precious wildlife habitats and ensure that sound scientific data is used to make decisions that affect wildlife. You can visit our State Advocacy page any time to find information on all of the bills that SCWF is currently monitoring, with the status of those bills updated daily!

Read below about some great wins so far this year!

Endangered Species Disclosure (H.4047)

This legislation would amend SC Code of Laws by adding a section that would prohibit the release of records regarding the occurrence of rare, threatened, endangered, or imperiled plants and animal species by the SC Department of Natural Resources thereby protecting the locations of such species. SC Wildlife Federation strongly supported this legislation and Sara Green, Executive Director of SCWF, testified in favor of the bill before both House and Senate Committee hearings.

This legislation was introduced in the House of Representatives in 2023 by Rep. Russell Ott.  It subsequently passed the House by a vote of 97-0 on May 4, 2023 and was sent to the Senate. The Senate did not take up the bill until 2024 but did give the bill final approval on February 15 of this year by a vote of 43-0.  The Governor signed the bill into law on March 11.

Recreational Trail Easement Income Tax Credit (H.3121)

Introduced last year by Rep. Max Hyde of Spartanburg; this legislation would provide for a one-time income tax credit to private property owners who would allow for a trail easement through their property that would complement an existing trail network. The easement would be held by a municipality, county, special purpose district or an accredited land trust. The bill passed the House last May on a 113-0 vote and was sent to the Senate where it taken up and passed by the Senate on March 20 of this year on a 43-0 vote.  The bill has been sent to the Governor for his signature.

Working Agricultural Lands Protection Act (H.3951)

This legislation was introduced in the House of Representative in 2023 by Rep. Patrick Haddon, a family farmer and State Representative from Greenville. The bill would create a special program within the South Carolina Conservation Bank designed solely for the purpose of funding conservation easements on working farmlands in the state. Not only will this bill significantly help family farms withstand the pressures of development and stay in business, but it will also preserve wildlife habitat throughout the state when farmlands are protected by a perpetual conservation easement. SC Wildlife Federation, along with our conservation partners, strongly advocated in favor of this legislation and worked over the course of two legislative sessions to ensure its passage. Originally introduced in February of 2023, the Working Agricultural Lands Protection Act recently received final approval by the General Assembly and has now been signed into law by the Governor.

Huge swaths’ of SC wetlands now vulnerable due to weakened federal protections

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Published by Post & Courier: https://www.postandcourier.com/environment/south-carolina-wetlands-at-risk-sackett/article_e6dd35ee-c453-11ee-a97b-4f61260eafe4.html

By Toby Cox tcox@postandcourier.com

A recent U.S. Supreme Court decision rolled back federal wetlands protection, making it easier for developers to backfill marshes and streams. Officials are worried this will contribute to South Carolina’s already worsening flood risks.

Conservationists and officials are still trying to make sense of the 2023 ruling’s implications, but one thing is clear: Millions of acres of critical ecosystems are now at risk, putting flood-prone communities at risk as well, they say.

Sackett v. the Environmental Protection Agency was the Supreme Court’s most recent attempt to clarify what defines a wetland protected under the Clean Water Act.

In 2007, Michael and Chantall Sackett wanted to build a home on their residential lot in Idaho and began to fill the wetlands on the property with sand and gravel. The EPA ordered them to stop and restore the wetlands, which were near a ditch connected to a creek that fed the large, navigable Priest Lake, located approximately 300 feet from the Sacketts’ lot. If the Sacketts didn’t comply, they faced penalties exceeding $40,000 a day. A 16-year legal battled followed.

In a 5-4 decision that favored the Sacketts, the court ruled that the Clean Water Act only applies to wetlands that have a “continuous surface connection” with “waters of the United States” — or navigable and relatively permanent bodies of water, such as lakes and rivers.

The decision did not define “continuous,” which leaves room for interpretation, said Kelly Moser, a North Carolina-based senior attorney at the Southern Environmental Law Center.

“How continuous is continuous?” she said. “Is it to be (connected) all the time? … Does it have to be connected during all the months except the arid summer months?”

The exact number of acres of wetlands in South Carolina that may lose protection is unknown, but experts are taking educated guesses.

The S.C. Office of Resilience estimated that approximately 2.8 million acres out of the state’s roughly 7.5 million total acres stand to lose protections — or about 37 percent. This estimate, however, is based on a quick mapping analysis and probably isn’t altogether accurate, said Alex Butler, SCOR’s resilience planning director.

“That’s the best data we had for a very quick analysis for how we think (wetlands are) distributed across the state to the different watersheds,” he said.

Moser estimated it’s probably closer to half or more of the state’s wetlands that are at risk of losing protections.

“All of our mapping of wetlands is incomplete, and so any estimate is really conservative,” she said.

SCOR is working with the National Oceanic and Atmospheric Administration to secure funding to map the state’s wetlands at a higher resolution, which could reveal more or fewer at-risk wetlands, Butler said.

But any estimate, however conservative, means far too many wetlands could be compromised in a region plagued by flooding, Moser said.

In an area with increasing tidal and riverine flood risks, the loss of wetlands can be devastating for communities prone to flooding: NOAA estimates that 1 acre of wetlands can store up to 1.5 million gallons of floodwater.

Isolated wetlands that connect to larger bodies of water only during rainy seasons or flood stages — which stand to lose protections under the Sackett decision — also hold and channel excess water, Butler said.

High stakes

When wetlands are protected under the Clean Water Act, developers must get authorization before filling them in.

“It doesn’t mean you can’t dig in those (protected) wetlands,” Moser said. “It just means that you have to get a permit for doing those things.”

The Clean Water Act is enforced by the EPA and Army Corps of Engineers, the permitting agency that determines whether a wetland is protected under the act. The permitting process also notifies the public and provides opportunity for community input.

“It’s one of the best ways that the public can participate in making sure their waters stay clean,” Moser said, noting that the Sackett decision removes this level of oversight.

Since a lot of construction takes place on private land, developers could take advantage of the decision’s vagueness and skip applying for a permit altogether, she added.

“It’s really hard to keep track of what’s happening on the ground unless you happen to drive by something and see a big development and see it’s in wetlands, but that doesn’t happen very often,” she said.

It’s unclear how much of South Carolina’s wetlands already have been impacted as a result of the decision or how the decision has changed the number of permits requested from the Army Corps.

“(The Army Corps) continues to evaluate the effects that the Sackett decision may have on permit requests,” said Matt Wilson, manager of the Army Corps’ Regulatory Program, in a written statement.

The Sackett decision’s vagueness means that future lawsuits are likely.

“There’s a lot of room in the Supreme Court decision for interpretation, which likely means there will be litigation — other cases trying to interpret what the Supreme Court test means,” said Chris DeScherer, office director for the South Carolina office of Southern Environmental Law Center.

For an example of how Sackett may play out on the ground, Moser suggested looking to the Okefenokee Swamp.

The swamp is roughly half the size of Rhode Island, spanning the Florida-Georgia border, said Bill Sapp, a Georgia-based senior attorney at the Southern Environmental Law Center.

Home to “extraordinary” wildlife, including the endangered red-headed woodpecker, white storks and a large population of alligators, it became a national refuge in 1937, he said. But this refuge status doesn’t extend to Trail Ridge, a high sandy ridge that runs along the eastern edge of the swamp that formed approximately 250,000 years ago, according the Georgia Conservancy.

In 2018, a mining company from Alabama sought permits to extract heavy minerals on the ridge. These minerals are refined to make titanium and titanium dioxide, which is used to make white pigments in everything from paint to Oreo cookies’ cream center, Sapp said.

When wetlands protections were rolled back by the Trump administration in 2020, the Army Corps determined the mining company no longer needed permits. Even after the Biden administration restored wetlands protections, the Army Corps’ decision held, Sapp said.

This wasn’t the direct result of the Sackett decision, but the Sackett test reinforces this outcome and uses similar reasoning, he said, noting that the mine would destroy hundreds of acres of wetlands without oversight, accountability or public input.

No new lawsuits have been filed since Sackett, but future litigation is possible; the Southern Environmental Law Center and 50 other organizations nationwide are pushing for stronger legal protections of the swamp, Sapp said.

“All the advocates that are fighting the mine are very clear on that point that they’re not against mining, per se,” Sapp said. “They’re against mining for a common mineral next to a very uncommon natural resource.”

At the time of publication, no lawsuits were pending over the Sackett decision in South Carolina, but that doesn’t mean there won’t be. No state is immune from what’s happening in the Okefenokee Swamp, Moser said.

“It could happen anywhere,” she said. “It can happen in South Carolina.”

An uncertain future

Weaker federal protections mean states may have to come up with their own solutions. Various South Carolina groups — environmentalists, hunters, fishermen and wetland consulting firms — are invested in wetland protections, said Josh Eagle, law professor at the University of South Carolina.

“All these people have something big to lose,” he said.

But these protections wouldn’t fully offset the impacts of the Sackett decision, Moser said.

The main issue with state-level protections is that they require full participation from every state within the watershed. Virginia, for example, has some of the strongest state-level protections for wetlands in the region, but the water quality of the Chesapeake Bay depends on the health of the water flowing to the bay from multiple states, she said.

“No matter how comprehensively one state regulates its waters, if a neighboring state doesn’t, everyone suffers,” Moser added.

Conservationists say the Sackett decision misses the mark, doing little to clarify when a wetland deserves protection and presenting new unknowns, including how many acres of South Carolina’s wetlands are at risk, how the test will be applied on the ground and how the state can protect its natural resources.

After attempts by multiple generations to finagle these complex and critical ecosystems into a concise legal definition, only two things remain certain: Where a body of water begins and ends remains difficult to determine, and water remains famously unbound.

A short history of defining wetlands rights

1948: The Federal Water Pollution Control Act of 1948 passed, becoming the first major law to address water pollution in the U.S.

1972: As concern over the country’s deteriorating water quality increased, the law was amended and expanded, becoming known as the Clean Water Act.

1985: In United States v. Riverside Bayview Homes, the Supreme Court unanimously ruled that “waters of the United States” include wetlands adjacent to other open waters.

2001: In Solid Waste Agency of Northern Cook County v. United States Army Corps of Engineers, the Supreme Court ruled that providing migratory bird habitat alone is not enough to protect isolated wetlands under the Clean Water Act.

2006: In John A. Rapanos et ux. et al. v. The United States, the Supreme Court sought to determine how “adjacent” to navigable waters a wetland must be to qualify for protection under the Clean Water Act.

Rapanos wanted to fill-in three wetland areas on his property in Michigan to build a shopping center. The EPA argued that the wetlands were protected because they drained into man-made ditches, which emptied into navigable rivers and lakes.

The court was divided in a 4-1-4 decision, resulting in two tests that could be applied to wetlands to determine whether they were “adjacent” enough to a body of water to be protected under the Clean Water Act.

  1. The “continuous surface connection” test, which emphasized visible connections.

  2. The “significant nexus” test, which deemphasized visible surface connection. This test held that wetlands and streams that could impact the water quality of larger bodies were protected under the Clean Water Act, acknowledging the unseen ways waterways are connected.

2023: In a 5-4 decision, Sackett v. EPA upheld the “continuous surface connection” test and rejected the “significant nexus test,” overturning the Rapanos case.