COLUMBIA - With a House committee apparently ready Tuesday to approve
less restrictive rules, a hallway compromise on marsh island bridge
regulations gave environmentalists some of the protections they
wanted.
The compromise is expected to limit the number of bridges to about 220.
It also would limit bridges to the smallest of the islands to a width of
15 feet. About 2,400 marsh islands in the state are considered
undeveloped.
Under a subcommittee's recommendation to the state House Agriculture,
Natural Resources and Environmental Affairs Committee, 240 or more of the
islands would have been opened to bridges and development. The
subcommittee had removed most development restrictions on the islands, and
those were not restored. They included limits on lighting, stormwater
runoff and buffers that were stricter than mainland limits.
The committee action allows the state Department of Health and
Environmental Control to "withdraw and re-submit," which means the
compromise regulations become law May 20. Both property rights and
environmental advocates said they could live with the compromise, which
settles a combative issue in an ongoing regulation battle. "We are glad
they voted to approve the bridge regulations. That was essential to limit
the number of bridges over public marsh. We're disappointed some of the
measures to protect water quality
and public view were eliminated," said Nancy Vinson of the Coastal
Conservation League.
"It's a good compromise. It safeguards the rights of all South Carolina
property owners and keeps undue government regulation under control," said
Mark Nix, of the South Carolina Landowners Association.
Marsh islands are the wooded crowns rising from inland coastal waters.
There are nearly 4,000 across the state, nearly half in the Charleston
area. Most are only a few acres. They often have disputed ownership and
have traditionally been considered open "no man's land" by boaters. Their
surrounding marshes are public property.
The right to develop these island has been the subject of an ongoing
battle since a developer in 1998 sought access to Park Island in the Wando
River in Mount Pleasant. An ensuing lawsuit went to the state Supreme
Court in 2005. The court threw out the old rules governing the
islands.
Tuesday's compromise was forged by Earl Hunter, DHEC commissioner,
working in the hallway outside the committee room, after committee
chairman Rep. Bill Witherspoon, R-Conway, allowed an unusual recess
instead of taking a vote on the subcommittee recommendation. The last
minute bargaining took place after head counts by both sides indicated the
subcommittee's recommendations would pass.
"My position is, state regulations should be about solid science, not
aesthetics. That's a local issue," said Rep. Dwight Loftis, R-Greenville,
the subcommittee chairman who had pushed for the stripped down
regulations.
Rep. Robert Brown, D-Hollywood, and Rep. Kenneth Hodges, D-Bennetts
Point, who had pushed to adjourn the committee vote, essentially passing
the original regulations, said the compromise was good but could have been
better.
"I'm an environmentalist and I'm a developer. I see it from both
sides," said Larry Bradham, of Seabrook Island, who owns Horse Island. He
had been turned down earlier when he sought to build a bridge to that
marsh island, but he supported the DHEC regulations.
The compromise, he said, works for him.
On the Net
--An effort to give parents a state
check or tax credit to send their kids to private school died in a House
subcommittee.
--Several bills this week deal with the state's Freedom
of Information Act and other public information issues.
For full report
on the Legislature, go to www.charleston.net/webextras.