Wetlands as Waters of the State
The South Carolina Pollution Control Act defines waters of the State as: lakes, bays, sounds, ponds, impounding reservoirs, springs, wells, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Atlantic Ocean within the territorial limits of the State and all other bodies of surface or underground water, natural or artificial, public or private, inland or coastal, fresh or salt, which are wholly or partially within or bordering the State or within its jurisdiction."
Although this definition does not specifically list wetlands as waters of the State, the Department has a legal opinion, which has been upheld in court, that wetlands are included because of the listing of marshes and all other bodies of water. Water pollution control programs administered by the Department would include activities in wetlands.
The primary focus of the 401 Water Quality Certification for impacts in wetlands is on the role wetlands play in the protection of water quality of surface waters and the uses of those waters. The state addresses physical and hydrological impacts on wetlands and water quality to protect existing uses and prevent degradation.
Bureau of Water . Phone: (803) 898-4300 . Fax: (803) 898-4215 . Contact Us