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Bluffton council approves first reading of wetlands protections after public hearing
Summary
Council held a public hearing and approved first-reading amendments to the Unified Development Ordinance to add a 50-foot wetland buffer and enforcement provisions; staff will refine language before second reading after concerns from engineers and residents.
Bluffton — The Town Council held a public hearing March 11 and approved by first reading — using pending ordinance doctrine — changes to Chapter 23 of the town code that add local protections for wetlands, including a 50-foot buffer and new enforcement language.
The amendments, introduced by town planning staff, revise the Unified Development Ordinance (UDO) to move wetlands design language into the stormwater section, add buffer and conservation language, and create enforcement and penalties for violations. The planning staff said the changes are intended to allow the town to act locally to stop unlawful wetland filling and other impacts after the U.S. Supreme Court’s Sackett decision narrowed federal Clean Water Act jurisdiction.
Town staff told the council the state’s Coastal Tidelands and Wetlands Act (1977) still provides state jurisdiction over wetlands, but local protections give the town the ability to inspect and enforce violations immediately rather than wait for state action. Planning staff also noted variance and waiver processes would remain available for property owners with special circumstances.
Consulting civil engineer Mike Hughes urged caution about several drafting details. Hughes said the current wording could leave property owners unexpectedly unable to build where a wetland on an adjacent parcel extends onto their lot, a result he characterized as a potential regulatory “taking.” Hughes also warned that the draft could prevent lawful projects that follow state and federal permitting processes from completing otherwise permitted road impacts or similar work. “If you go through the proper channels and obtain state or Corps permits, this ordinance as written could still block necessary work,” Hughes told council.
Representatives of the Coastal Conservation League spoke in favor of the ordinance, noting town data that Bluffton lost roughly 513 acres of wetlands between 2001 and 2021 and stressing wetlands’ role in flood control, erosion reduction and wildlife habitat.
Council members emphasized that the measure is a first reading and that staff can refine the language. Kevin Card, a town planning staff member, said provisions exist for variance requests and that staff can propose clarifying language before second reading. Council voted to approve first reading using pending ordinance doctrine and directed staff to coordinate with engineers and other professionals to address technical concerns before second reading.
The ordinance was presented as a time-sensitive measure the town intends to adopt ahead of a more comprehensive UDO update; staff said the goal is to begin implementation in short order and complete a fuller code review later.
The item now returns to staff for drafting refinements; a second public hearing and second reading are scheduled before final adoption.
