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Web posted Monday, April
5, 2004
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Herbkersman: Wetlands policy a disappointment
By Bill Herbkersman
Special to the Carolina Morning News
From the House
We in the
Legislature did some pretty good work this week.
We passed the tattoo bill, an education bill, as
well as a bill having to do with energy production
in the Piedmont.
We fell short, however, in
our effort to provide an effective, long-term
solution to the problem of wetlands regulation.
The battle is not over but our side is taking a
beating.
As a developer, I know how
complicated it can be to incorporate wetlands into
the design of a project. It can be expensive and
time consuming to get rulings from the appropriate
authorities as to what may or may not be allowed,
and what sort of mitigation might be involved. I
get it.
I also know that wetlands play a
vital role in maintaining the water quality in any
watershed, but particularly in the Lowcountry.
During my last election campaign, I sat
down with some of the local water quality and
wetlands experts. If I was going to represent the
Lowcountry, I needed to get smarter on this
critical wetlands issue, especially in light of
the Supreme Court decision that essentially took
the Army Corps of Engineers out of the wetlands
business.
I was fortunate to be able to
enlist Chris Marsh of the Lowcountry Institute as
one of my experts. Chris is a recognized authority
in what makes a wetland, how you recognize it, and
what role it plays in the natural order of
things.
Before he was a college professor,
he worked for a private consultant doing wetlands
delineation. He didn't give me all the answers,
but he did help me to understand the right
questions to ask.
This makes it all the
more disappointing to participate in a legislative
process that should be giving us a rational,
science-based wetlands policy, but is
failing.
It is not a catastrophic failing;
there will be some protections. They will be a
compromise, somewhere short of ideal but better
than nothing.
There was considerable
sentiment early on for letting DHEC write the
rules. This seemed like a good idea since they
have the expertise and the staff to formulate
regulations and have been handling the issue for
some time.
Those discussions broke down,
unfortunately, over issues of timing and
timeliness - they needed half a year to determine
if there were wetlands on a piece of
land.
I felt there was room for discussion
but was disappointed. So be it.
It should
be noted that lawmaking is a process of constant
refinement. If the wetlands legislation that
emerges from the House this year is shortsighted,
we will revisit the issue as many times as it
takes. I plan to be here for the long
haul.
The down side to the long view is, of
course, the loss of valuable natural resources
while we get our act together. This may be one of
those things where we in the Legislature just have
to get smarter on wetlands before we can do
better. I know we can do better.
In the
meantime, if you want to get a tattoo in South
Carolina, rest assured that the person providing
the service is qualified not only in tattooing,
but also in complying with an amazing variety of
regulations designed to abundantly ensure the
safety of the tattooing consumer.
After
going through the process prescribed in the
legislation, he or she would probably be qualified
to take your tonsils out, repair your car, as well
as steam clean your carpets.
My good friend
and neighbor, John Mallett, came to see us this
week. He was in town on State Farm business. It
was a pleasure.
Let me remind you, I am
your representative in this process. Let me hear
from you. It's called the House of Representatives
for a reason.
Bill Herbkersman represents
District 118 in the South Carolina House of
Representatives. He can be reached through his Web
site at www.herbkersman.com or by telephone at
757-7900. He is assigned to the agriculture,
natural resources and environmental affairs
committees.
Other state lawmakers
are:
Sen. Scott Richardson,
R
District 46
52 North Calibogue
Cay
Hilton Head Island, S.C.
29928
610 Gressette Bldg.
Columbia,
SC 29202-0142
(803)
212-6040
SR1@scsenate.org
Committee
assignments: banking and insurance, general,
judiciary, rules and
transportation.
Sen. Clementa C.
Pinckney, D
District 45
P.O. Box
300
Ridgeland, S.C. 29936
613
Gressette Bldg.
Columbia, S.C.
29202
(803)
212-6056
CCP@scsenate.org
Committee
assignments: agriculture and natural resources,
corrections and penology, finance, medical affairs
and transportation.
Rep. R. Thayer
Rivers Jr., D
District 122
P.O.
Box 104
Ridgeland, S.C. 29936
532D
Blatt Bldg.
Columbia, S.C.
29211
(803) 734-3073
Committee
assignment: judiciary.
Rep. JoAnne
Gilham, R
District 123
21 Dune
Lane
Hilton Head Island, S.C.
29928
326C Blatt Bldg.
Columbia,
S.C. 29211-1867
(803)
734-2977
JG@scstatehouse.net
Committee
assignment: education and public works and
rules.
Rep. Catherine Ceips,
R
District 124
1207 Bay
St.
Beaufort, S.C. 29902
326A Blatt
Bldg.
Columbia, S.C. 29211
(803)
734-3261
ceipsc@scstatehouse.net
Committee
assignments: medical, military, public and
municipal affairs.
Rep. Walter P. Lloyd,
D
District 121
102 Rearden
Lane
Walterboro, S.C. 29488
(home)
549-5026
(fax) 549-1281
(office)
549-7586
434C Blatt Bldg.
Columbia,
S.C. 29211
(803)
549-5026
WPL@scstatehouse.net
Committee
assignments: education and public
works.
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