Wetlands are everywhere here in the coastal plains of North Carolina, varying from potholes a few inches deep with nothing but a few cattails to huge expanses of deep black water swamps filled with ancient cypress trees. They’re as environmentally diverse as other major biomes like rainforests and critical habitat that support the wildlife we share a home with on the coast.
Protecting wetlands makes sense but how best to protect them has been a fierce point of debate for years.
Recently, the U.S. Supreme Court issued a ruling that has overturned the EPA’s definition of wetlands. Any depressions or pockets of standing water existing on land over the past years have generally been identified as wetlands and protected from any human impacts such as filling them or digging in them.
Speculation on the new ruling follows that protected areas are where the surface waters connect to a “nexus” of navigable water, following the provisions of the Clean Water Act. In other words, wetlands that don’t flow out to a major body of water may no longer be heavily regulated.
While some states will not immediately feel the ramifications, North Carolina will certainly be one of the first ones impacted. The Clean Water Act is in place to ensure we have access to navigable water with the standards that they’re swimmable, fishable, and drinkable. Nobody in their right mind would argue against that if they enjoy boating in the ICW, swimming at the beach, or fishing in the Cape Fear river.
But where it gets complicated is when someone purchases a lot to build their home on or invested in a property with hopes of future development.
Photo: An example of a preliminary wetlands map created by an environmental consultant
Imagine spending a fortune on a lot that was deemed buildable, acquiring all the necessary permits, hiring a builder, and paying for site work. Then one day in the middle of constructing your new home, the government informs you that you’ve filled wetlands on the lot and need to pay thousands of dollars in fines. In addition, you face the financial burden of paying to remove all of the lot improvements and restoring the lot back to its natural state.
That’s what happened to the couple in Idaho involved in the landmark ruling. But after a long fight, they received a ruling in their favor allowing them to build on their lot after all. The case was made that the couple wasn't at fault because the wetlands aren’t defined as being connected to the nearby lake, despite proximity “as the crow flies” to a major body of water.
The general rule of thumb for the past few years was to stay far away from the wetlands on your property and don’t disturb them. When the time comes to grade your backyard and make other improvements to your property, it’s almost impossible not to impact those wetlands in some way. Understanding these areas in relation to their size, environmental impact, and connectivity must be accounted for in making a responsible decision - not a single catch all rule.
Nobody wants to see their neighbor fill in part of the swamp behind the neighborhood which connects to a nearby estuary and negatively impact all of the wildlife. But grading along a 10-foot wide pothole isolated from any major body of water and removing some of the dead trees in it to protect your home is reasonable and shouldn’t be punishable by law.
The stakes are even higher when purchasing hundreds of acres for a development project. We’ve seen tracts of land with tire ruts from logging trucks that were made decades ago that are called wetlands by the US Army Corp of Engineers. The old tire tracks had filled up with rainfall and then were classified as wetlands, making it impossible for a practical subdivision layout to construct homes at an affordable price.
After the ruling made last week, there’s an opportunity to finally work on properties put on the back burner with no other options. When we live alongside wetlands and enjoy all the wildlife or privacy they afford, we develop better connections to these areas and an understanding of why certain wetlands must be protected; and why others must not be unduly regulated. Coexisting with wetlands can be accomplished in a responsible manner and these new changes will hopefully allow that.
Too Long Didn’t Read
Wetlands are a common but critical natural resource in North Carolina
Rules on the identification & protection of wetlands have recently changed
Areas previously defined as protected wetlands may have changed
Land improvements that weren’t allowed may now be permissible
Now’s the time to take action - call us today for a free consultation about the wetlands on your property and how they impact the value of your land. We can recommend wetlands consultants and help obtain maps needed before you sell or develop your property too.