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South Carolina Supreme Court expands DHEC's regulatory authority over isolated wetlands throughout the state under the pollution control act

• Womble Carlyle Sandridge & Rice LLP
• -
• USA
• -
• August 23 2011

In the July 2011 decision Georgetown County League of Women Voters v. Smith Land Co., Inc., the South Carolina Supreme Court held that the Department of Health and Environmental Control (“DHEC”) has jurisdiction to regulate isolated wetlands under the South Carolina Pollution Control Act, an expansion of DHEC’s regulatory authority over isolated wetlands throughout the State, beyond the eight “coastal zone” counties governed by the coastal management program organized pursuant to the Coastal Zone Management Act