In a decision affecting the possible fate of hundreds of thousands of SC's interior wetlands, the SC Supreme Court recently ruled that DHEC has regulatory authority over wetlands in certain coastal counties regardless of whether they are connected to coastal body of water. (Spectre v. SCDHEC, 2/1/10) A developer in Horry County had challenged DHEC's denial of a permit to fill in 30+ acres of freshwater wetlands. The Court held that DHEC acted within its authority under the Coastal Zone Management Act (CZMA) in denying the permit. The CMZA defines the “coastal zone” as Beaufort, Berkeley, Charleston, Colleton, Dorchester, Horry, Jasper, and Georgetown counties. ( See S.C. Code Ann. § 48-39-10 et seq..)

"Carolina Bays" are an example of these types of isolated wetlands, and are considered by environmentalists and others as essential to ecology and stormwater management. However, after recent US Supreme Court decisions which severely limited Federal authority over wetlands (see Rapanos, 2006, and Solid Waste Agency of Northern Cook County v. United States Army Corps of Engineers, 2001) state law provided the only regulatory limitation over the development or drainage of wetlands not connected to navigable or coastal waters. Landowners and developers have been challenging DHEC's authority over these areas for almost a decade.