Wetlands are often described as "nature's kidneys" due to their ability to capture and filter chemical and sediment pollutants out of the water that flows into and through them. Once considered "wastelands" which needed to be cleared and filled to make way for development, wetlands have progressively gained many federal, state, and local government protections following the passage of the Clean Water Act (CWA) of 1972. While state and federal criteria for " wetland delineation" (process of marking the boundary where uplands transition into wetlands) can differ slightly, generally wetlands are defined as "those areas that are inundated or saturated by surface water or ground water at a frequency and a duration sufficient to support, and under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soils".
One important factor to consider is that wetlands frequently are not wet throughout the entire year! In fact, wetlands do not need to possess standing water at all to qualify as a wetland - soil saturation within 6-12" of the soil surface (depending on soil particle size) for 21 consecutive days in an average year is typically sufficient to produce the vegetation, soil characteristics, and hydrologic indicators which are utilized in determining a wetland boundary.
Due to the extensive protections afforded to wetlands at the state and federal level, determining the extent of wetlands on a property is a critical first step in determining the overall "feasibility" of development. The following FAQ provides answers to some frequently encountered questions, but it is important to note that every site is different, and an accurate wetland jurisdictional delineation requires an on-site review of delineation criteria to determine the extent of wetlands present on-site
Wetland FAQs
Q: I went in to the County for a building permit and they told me I need a "wetland delineation". What do I do from here?
A: Wetland delineations are often required by Counties / Cities as their Land Development Codes frequently have provisions for setback requirements which may vary depending on the size and type of development. The first step is to have a wetland scientist conduct a site inspection to determine the wetland boundaries on-site. Once boundaries are established, a professional land surveyor typically locates the established wetland line and ties it into your boundary survey and site plans. This allows the County to review the proposed site plan and make sure all required wetland setback criteria are being followed. Required setbacks vary significantly from County to County and based on type of development - we detail required setbacks and help clients plan around them in their site development plans.
Q: I am looking to buy a property and am currently in a contractual due diligence review period. Should I have a wetland delineation done?
A: Wetlands can occur in a multitude of environments, from coastal areas to riverine systems and even within closed depressions within larger watersheds. Typically, most Counties have some form of "approximate wetland mapping" tool on their property appraiser or permitting sites. The National Resource Conservation Service also has a "web soil survey" tool available at https://websoilsurvey.sc.egov.usda.gov/App/ which depicts the approximate boundaries of different soils, including those classified as "hydric" (wetland) soils. Both of these resources are based on a combination historic aerial interpretation and limited ground truthing, and should only be used as a general guidance for assessing if wetlands may be present on or near your property. We generally recommend a wetland delineation on all waterfront properties as part of a due diligence review. We are also happy to answer your questions and provide recommendations at no cost to assist you in deciding if your property should have a wetland delineation completed.
Q: I bought a property that appears to have a large amount of wetlands on-site. Did I buy useless "swampland"?
A: The presence of wetlands on-site does create several development hurdles that must be overcome, but does not always mean a property is "undevelopable". Through a combination of local land development code variance options (reduction of setbacks for hardship conditions) and environmental resource permitting (see ERP section), it is possible to obtain permit authorization to develop many wetlands areas. However, determining if this is a "feasible" development option based on costs and restrictions on development is a complicated process that we help guide our clients through to make an optimal cost / benefit decision.