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Bluffton official says new 50‑foot wetland buffer will protect coastal freshwater wetlands
Summary
Bluffton staff explained a text amendment that defines wetlands and sets a 50‑foot buffer around both jurisdictional and non‑jurisdictional freshwater wetlands, citing the 2023 Sackett v. EPA decision; staff said enforcement will be done locally and an inventory is expected in 9–12 months.
Kevin Eichard, a representative of the Town of Bluffton’s watershed management team, told the regional committee that the town’s recent text amendment defines wetlands more broadly and establishes a 50‑foot buffer to protect both jurisdictional and non‑jurisdictional freshwater wetlands.
Eichard framed the change as a local response to the 2023 Sackett v. EPA decision, which he said reduced federal permitting authority over many inland freshwater wetlands. “These amendments are for protection, conservation of the existing wetlands, and then to establish the wetland buffers for stormwater management,” Eichard said.
He illustrated the ordinance’s effect with a current subdivision application: a 5.7‑acre site that could previously have fit 26 lots would be reduced to 18 lots once a 50‑foot buffer around a 0.1‑acre wetland is applied. Eichard said the town’s watershed management division — currently two to three inspectors plus a manager — will enforce the ordinance locally, including issuing tickets and pursuing remediation when development impacts wetlands.
On the legal question of overlap with federal authority, a staff member clarified that the Sackett decision narrowed the Corps of Engineers’ permitting jurisdiction but did not remove the existence of wetlands: it removed some federal permit authority over certain inland freshwater wetlands, so the town is asserting local protections where federal oversight no longer applies. Eichard said Bluffton has hired a consultant to inventory wetlands and integrate findings into the town’s GIS; staff estimated a 9–12 month turnaround for the baseline inventory and said a model ordinance update would follow.
Eichard also said variance and appeals language is being added ahead of second reading. He noted that impact determinations could change if an applicant obtains a Corps permit that predates the ordinance (vesting), but that in the absence of a Corps approval the town’s buffer rules would apply.
Next steps: Bluffton will hold a workshop for town council on April 29 to review changes between first and second readings, with a second and final reading scheduled for May 13; staff agreed to share updated materials with the regional committee.
The committee did not take a formal vote on the ordinance at this meeting; the item was presented for information and follow up.
