Current Status Introducing Body:House Bill Number:3414 Primary Sponsor:Sturkie Committee Number:20 Type of Legislation:GB Subject:Freshwater Wetlands Protection Act of 1991 Residing Body:House Current Committee:Agriculture, Natural Resources, and Environmental Affairs Computer Document Number:3414 Introduced Date:Jan 31, 1991 Last History Body:House Last History Date:Jan 31, 1991 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Sturkie Hallman Rama Fulmer Klapman Wright Corning Haskins Beasley Vaughn Derrick Hodges Meacham H. Brown R. Young Barber Type of Legislation:General Bill
Bill Body Date Action Description CMN
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3414 House Jan 31, 1991 Introduced, read first time, 20
referred to Committee
View additional legislative information at the LPITS web site.
TO AMEND TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 40 SO AS TO ENACT THE FRESHWATER WETLANDS PROTECTION ACT OF 1991, TO PROVIDE PENALTIES FOR VIOLATIONS, AND TO PROVIDE A TAX CREDIT FOR WETLAND ACREAGE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The General Assembly finds that:
(1) The freshwater wetlands of the State of South Carolina are an invaluable and vulnerable natural resource which provide the following for the benefit of all citizens of the State:
(a) control of peak flood levels by storing and gradually releasing stormwater runoff from watershed lands;
(b) essential habitat and food chain elements for fish, wildlife, and plant populations including important commercial, recreational, and endangered species;
(c) improvement of water quality by removing toxic substances, trapping sediment, and other suspended materials, and retaining nutrients introduced to the waterway from watershed and upstream sources;
(d) buffers to control shoreline erosion caused by flooding, wind-generated wave action, and wakes from watercraft;
(e) areas for recreational activities including boating, fishing, hunting, wildlife observation, and other water-related recreational pursuits;
(f) sites for public education and academic and applied research in the fields of biology, ecology, fisheries and wildlife management, and environmental protection;
(g) areas of aesthetic, historic, cultural, and wilderness value;
(h) recharge and discharge areas for groundwater which provide sources of public and private water supply.
(2) The freshwater wetlands within the State are being affected adversely, and will continue to be affected adversely, by escalating alteration of and construction within these areas, caused by increased population growth and resultant development. Systematic review of development activities in freshwater wetlands is necessary to protect and preserve the valuable benefits provided by these areas.
(3) The State has acted for the public benefit to protect coastal saltwater wetland areas, but it has not provided similar protection to freshwater wetland areas.
(4) The protection and management of freshwater wetlands within South Carolina is a matter of statewide concern and is in the best interest of all present and future citizens of the State.
SECTION 2. Title 48 of the 1976 Code is amended by adding:
Section 48-40-10. This chapter may be cited as the `Freshwater Wetlands Protection Act of 1991'.
Section 48-40-20. (A) The South Carolina General Assembly declares that it is the policy of this State to achieve a goal of no overall net loss of regulated wetlands, based on function and value, to be accomplished through a program of wetland classification and mitigation.
(B) Specific state policies to be followed in the implementation of this chapter are:
(1) to achieve an interim goal of no overall net loss of the state's remaining wetland base and to achieve a long-term goal of increasing the quantity and quality of the state's wetland resource base. In pursuing these policies, the state's remaining wetland base must be defined both in terms of acreage and wetland function;
(2) to protect and, where possible, to restore or enhance the freshwater wetland resources of this State for this and succeeding generations.
(C) To implement these state policies the following initiatives are recommended:
(1) State agencies are encouraged to adopt the state's `no net loss' goal for all their wetland activities, to identify and manage wetlands on their own properties, and to restore previously impacted areas.
(2) Local governments are encouraged to preserve wetland acreage through the following mechanisms:
(a) identify wetlands and potential alterations;
(b) educate constituents of wetlands value and function;
(c) encourage wetland trust funds;
(d) encourage incentives such as transfer of development rights, cluster development, and planned unit development.
(3) A single state agency should be identified to inventory all wetland acreage in the State. The National Wetlands Inventory is the preferred inventory methodology. State appropriations, as available, should be used for a cost-share completion of the National Wetlands Inventory, in cooperation with the United States Fish and Wildlife Service, and for digitization of the inventory for the State of South Carolina as soon as practicable. County soil surveys should be used in the interim until a more detailed wetland inventory is completed. Inventories of wetland gains and losses should be updated every ten years and published every five years for the benefit of the General Assembly and the public.
(4) Conservation plans for the State's most significant wetland resources and systems to assist developers in the identification of areas to be protected should be identified. Wetlands should be targeted for purchase by agencies and land trusts, to encourage donations or preservation by landowners, and to suggest mitigation possibilities.
Section 48-40-30. As used in this chapter:
(1) `Commission' means the agency designated by the General Assembly to manage the freshwater wetlands program created by this chapter.
(2) `Freshwater wetlands' means those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands must possess three essential characteristics: (a) hydrophytic vegetation, (b) hydric soils, and (c) wetland hydrology. These areas do not include fresh or saltwater wetlands found in the coastal zone as defined in Section 48-39-10.
(3) `Regulated freshwater wetlands' includes all contiguous and isolated freshwater wetlands of the State as defined in item (2) of this section which are located outside of the coastal zone as defined in Section 48-39-10.
(4) `Freshwater wetlands permit' means a permit to engage in a regulated activity issued pursuant to the provisions of this chapter.
(5) `Regulated activity' means dredging or removal of materials, deposition of materials, erection of a structure, placement of an obstruction, or hydrologic alteration including draining or flooding occurring within a regulated freshwater wetlands.
(6) `Materials' means a solid substance including, but not limited to, soil, sediment, aggregate, gravel, clay, sand, refuse, or waste.
(7) `Person' means an individual, firm, partnership, association, public or private institution, municipality, political subdivision, federal or state governmental agency, or private or public corporation organized under the laws of this State or any other state or country.
(8) `Mitigation' means:
(a) avoiding an adverse impact by not taking a certain action or parts of an action;
(b) minimizing an adverse impact by limiting the degree or magnitude of the action and its implementation;
(c) rectifying an adverse impact by repairing, rehabilitating, or restoring the affected environment;
(d) reducing or eliminating an adverse impact over time by preservation and maintenance operations during the life of the action; or
(e) compensating for the adverse impact by replacing or providing substitute resources or environments of equal or greater quality and function.
(9) `Compensatory mitigation' means the replacement of wetland acreage damaged or destroyed by permitted activities and includes restoration of degraded wetlands, creation of new wetlands if technically feasible, enhancement of existing wetlands, preservation of existing nonregulated wetlands, and cash payments to be used for wetland conservation.
Section 48-40-40. Freshwater wetlands must be classified in accordance with the following classification system:
Class 1: Wetlands Adjacent to Navigable Streams. Wetlands that are located adjacent to and are contiguous hydrologically with navigable waterways as defined by Regulation 19-450.2C. .
Class 2: Wetlands Adjacent to Nonnavigable Streams. Wetlands that are located adjacent to and are contiguous hydrologically with streams which flow into navigable waters.
Class 3: Isolated Wetlands. Wetlands that are not contiguous hydrologically with the surface water tributary system discharging into a lake, pond, river, stream, or other surface water feature.
Class 4: Manmade Wetlands. Wetlands that are constructed in areas that were not wetlands in their natural state and natural isolated wetlands less than one acre in size. This class does not include wetlands constructed for mitigation purposes or wetlands adjacent to and hydrologically contiguous with manmade impoundments on navigable waterways.
Section 48-40-50. No person may undertake a regulated activity within a regulated freshwater wetland unless a permit first is obtained from the commission. No permit is required for activities that take place in Class 4 wetlands unless endangered species or critical ecological habitat is impacted.
Section 48-40-60. (A) No permit is required from the commission for:
(1) normal farming or ranching, using `Best Management Practices';
(2) normal silviculture, using `Best Management Practices';
(3) maintenance of currently serviceable structures;
(4) maintenance of farm or stock ponds;
(5) maintenance of drainage ditches and irrigation canals;
(6) construction of temporary sedimentation basins at construction sites;
(7) construction or maintenance of temporary roads for moving mining equipment, using `Best Management Practices';
(8) repair, rehabilitation, or replacement of previously authorized, currently serviceable structures or fill;
(9) fish and wildlife harvesting devices and structures, including deer stands, duck blinds, and traps;
(10) normal maintenance and repair of functional rice fields and wildlife management impoundments, including dikes and water control structures, using `Best Management Practices';
(11) activities associated with routine maintenance of existing public and private highways, roads, streets, and bridges, or replacement of, or minor improvements to structurally deficient or functionally obsolete structures located in regulated freshwater wetlands, where the improvements are necessary to meet current design and safety standards. These activities must be implemented in accordance with approved `Best Management Practices' to assure the protection of freshwater wetland functions and values. Maintenance, replacement, or minor improvements includes adding extra lanes or increasing the right-of-way for public roads within a regulated wetland only where five acres or less of wetlands are impacted a project;
(12) with notification to the primary permitting agency, emergency activity commenced under an emergency order to protect the public's health and safety when ordered by either the Governor, the chairman of the county council of the county in which the activity is to take place, or the mayor of the municipality in which the activity is to occur, or their designees;
(13) routine and emergency repair, maintenance, and replacement of, or minor improvements to, systems serving the public including electricity, natural gas, communications, water and sewer, and railroad systems;
(14) fishing, trapping, hunting, swimming, boating, and hiking;
(15) maintenance, repair, or operation of gas or oil pipelines using `Best Management Practices';
(16) maintenance of drinking water supply impoundments;
(17) federal, state, or local government mosquito control activities;
(18) activity for which an individual Section 404 or National Pollutant Discharge Elimination System permit is required.
(B) `Best Management Practices' for all exempted activities must be formulated and approved by the Best Management Practices Advisory Committee. This committee must be appointed by the commission chairman and must have equal representation of persons representing exempted activities and environmental concerns. The committee shall adopt `Best Management Practices' for all exempted activities and shall review and update these practices annually, if needed. After adoption by the advisory committee, `Best Management Practices' must then be adopted by the commission before an exempted activity may take place.
Section 48-40-70. (A) A person proposing to engage in a regulated activity, not otherwise exempted by this chapter, first must obtain a wetlands permit from the commission. Nothing in this chapter relieves a person from the requirement of obtaining a permit from other state and federal agencies. An application for a permit must be filed with the commission on forms provided by the commission and accompanied by a fee as established by the commission. There must be one standard application filed by the applicant to be used by all the state agencies reviewing the proposed activity. Within thirty days after the effective date of this chapter, the commission shall call a meeting of all relevant natural resources agencies to approve a standard application form to be used by all agencies. No fee is required from a public agency within the State.
(B) The application must include:
(1) the name and address of the applicant;
(2) a brief description of the proposed activity, its location, purpose, and intended use, including a drawing of the type of structures proposed and method of construction including size specifications;
(3) a plan and elevation drawing showing the general and specific site locations and character of all proposed activities, with an appropriate map of the area;
(4) evidence of ownership or the consent of the owners of the wetlands on which a part of the projected activity may be located;
(5) the names and addresses of adjacent property owners;
(6) verification that notice has been published in a newspaper of general circulation in the county where the activity is proposed, at least once in each of two consecutive weeks, to facilitate public review and comment on the proposed activity, and a minimum of thirty days for the review and comment for the application must be provided;
(7) when considered appropriate and reasonably necessary by the commission or its staff, additional information, studies, or analyses related to the proposed activity may be required to be supplied to the commission by the applicant.
Section 48-40-80. (A) The commission shall provide notice to state natural resource agencies and to other relevant state agencies of wetland permit applications submitted. These agencies may comment on a permit application regarding matters within their area of statutory responsibility or primary interest. Comments or written requests for extension of time to comment as set forth in this subsection, must be submitted to the commission within thirty days from the date of issuance of the notice to the agencies. Failure to comment or to request certification within thirty days of the date of issuance of the notice to agencies is considered to be certification or no objection to the activity. The commission may refuse a request for an extension of time.
(B) No freshwater wetlands permit may be issued by the commission without certification from the South Carolina Department of Health and Environmental Control that the proposed activity does not violate the Water Classifications and Standards System provisions.
(C) A person, other than a state agency, who desires notification of pending permit applications may make an annual request to the commission accompanied by a reasonable fee set by the commission which must be credited to the general fund of the State. The commission must provide notice of all permit applications received to those persons requesting notice at the same time the notice is provided to state agencies. Notice must be provided to all adjoining landowners.
Section 48-40-90. (A) The commission shall make every effort to enter into agreements with other state and federal agencies having permitting authority over regulated activities in regulated freshwater wetlands in which the commission either may utilize the permit application procedures of the other agencies or may certify that the proposed activity is consistent with the provisions of this chapter. If the commission uses the permit application procedures of the other agencies, no separate application to the commission is required. If the commission has certification authority over proposed activities regulated by the other agencies, no separate permit may be required by the commission. Review of the application and permit or certification actions by the commission must be conducted in accordance with the provisions of Article 3, Chapter 23 of Title 1 and review criteria and administrative procedures of this chapter.
(B) Mining activities conducted pursuant to the requirements of the South Carolina Mining Act and permitted by the South Carolina Land Resources Conservation Commission, and which affect regulated wetlands as defined in this chapter, must be certified by the commission to be consistent with the provisions of this chapter.
Section 48-40-100. The commission may hold public hearings if hearings are considered necessary to receive information from the public to obtain public comment. If a hearing is held, it must be held after at least fifteen days' notice and, if possible, must be held in the county where the project is to be located. Notice must be given of the hearing by publication in a local newspaper of general circulation.
Section 48-40-110. (A) In determining whether to permit a proposed activity, the commission shall consider the comments of the reviewing agencies, the comments of the public, the findings and policies specified by the General Assembly, and all other requirements of this chapter, including the following general considerations:
(1) the public interest in preservation of natural resources and the interest of the property owners;
(2) the public and private need for the activity;
(3) the economic benefits to the public and the State that result from the activity;
(4) available feasible and prudent alternative locations and methods to accomplish the expected benefits of the activity;
(5) the extent and permanence of impacts, both beneficial and detrimental, to historic, cultural, scenic, ecological, and recreational values, to fish and wildlife, endangered species, hydrology, water quality, public health and safety, and to the public and private uses of the wetland;
(6) the value and benefits of nature-related uses of freshwater wetlands, including aquaculture, waterfowl and wading bird management, and game and nongame wildlife protection projects;
(7) the size and type of the wetland where the activity is to be located;
(8) the extent to which the long-range, cumulative effects of the activity, including the cumulative effects of existing and anticipated activities in the watershed, may affect adjacent wetlands and navigable waters;
(9) the extent to which the proposed activity is dependent upon being located in a wetland.
(B) If, after completing its review, the commission finds that the activity would not result in an unreasonable adverse impact on the freshwater wetland values and functions and is consistent with the state's policy, it shall issue a permit for the activity. The commission may impose conditions on a permit it considers necessary to minimize or mitigate adverse impacts upon wetland functions. Construction authorized by the permit must be completed within three years of the date of issuance or another time as the commission may set. All permits issued under the provisions of this chapter may be renewable or subject to extensions of time, and all permits may be modified, suspended, or revoked for cause after giving the permittee notice and an opportunity to be heard. Permits may be transferred subject to reasonable requirements specified in regulations promulgated by the commission.
(C) Decisions of permit issuance, denial, or issuance with conditions must be made by the commission within ninety days of submission of a completed permit application if a hearing is not held, no objection is made by a commenting agency, no extension of the review period is requested, or a proposal for mitigation is not submitted. If there is a hearing, objection, request for extension of time, or mitigation proposal, the commission shall issue, deny, or issue the permit with conditions within sixty days from the conclusion thereof.
Section 48-40-120. (A) The commission shall request the applicant to submit a compensatory mitigation proposal to address the long and short-term economic, environmental, and natural resources benefits that may be lost by the proposed activity, if, after completing the review procedure described in Section 48-40-110, the commission determines that:
(1) the proposed activity is likely to produce a significant adverse impact on the quality and value of the wetland where the project is to be located or of the adjacent navigable waterway;
(2) the applicant has proposed or taken all reasonable and feasible measures to avoid, minimize, rectify, reduce, or eliminate the adverse impact; and
(3) the proposed activity otherwise meets the standards set forth in this chapter.
(B) The applicant shall inform the commission within fifteen days if it intends to submit a proposal for compensatory mitigation. Submission of a compensatory mitigation proposal does not insure that the permit will be issued. If no proposal is submitted the permit must be denied. If a proposal is submitted, it must be in a form specified by the commission.
(C) The commission shall transmit the compensatory mitigation proposal to all commenting agencies and other persons for review and comment. Agency and public comments on the compensatory mitigation proposal must be submitted to the commission within fifteen days, or such other time as may be set. Failure to comment within this time is considered to be a waiver of objection. The conciliation process provided in this chapter may be used if the commission finds it may expedite review of the proposal. If, after completing its review of the proposal and all state agency and public comments, the commission determines that the proposed compensatory mitigation is sufficient, a permit may be issued.
(D) Acceptable forms of compensatory mitigation are restoration of degraded wetlands, creation of new wetlands if technically feasible, enhancement of existing wetlands, preservation of existing nonregulated wetlands, and cash payments to be used for wetlands conservation. In most cases, a minimum ratio of one to one acreage replacement of wetlands is required to compensate for wetlands loss. However, this ratio may be greater where the functional values of the area being impacted are demonstrably high. Conversely, the ratio may be less than one to one for areas where the functional values associated with the area being impacted are demonstrably low and the likelihood of success associated with the mitigation proposal is high. Compensatory actions must be undertaken, when practicable, in areas adjacent or contiguous to the proposed activity site. If this compensatory mitigation is not practicable, off-site compensatory mitigation must be undertaken in the same geographic area, which includes close physical proximity and, to the extent possible, the same watershed. In determining compensatory mitigation, the functional values lost by the resource to be impacted must be considered. Nothing in this section requires a person to mitigate for functional losses greater than those caused by the proposed activity.
Section 48-40-130. The commission shall notify the applicant of the permit decision and give written notice to all who commented on the application or mitigation proposal and requested notification of the decision. The decision becomes final if not appealed within fifteen days of a notification to the applicant. An applicant for a wetlands permit, a state agency, or a person who is affected by the permit may appeal the decision of the commission pertaining to permit issuance, denial, or issuance with terms and conditions, to the commission by filing a notice of appeal with the commission within fifteen days. A hearing officer may be appointed to preside over the hearing. The certification determinations by the Department of Health and Environmental Control are a part of this chapter, and no separate adjudicatory hearing may be conducted by the Department of Health and Environmental Control with respect to a certification or denial. All matters relating to certifications appropriate for an adjudicatory hearing must be considered in one hearing conducted by the commission pursuant to this section following its final determination on a permit application. The Department of Health and Environmental Control must be made a party to any adjudicatory hearing in which an issue is raised concerning a certification by that agency. Review is available to the parties after the final decision of the commission as provided in Article 3, Chapter 23 of Title 1.
Section 48-40-140. The commission may issue general permits for a category of activities, following a review of the proposed activity consistent with the applicable requirements of Sections 48-40-70 and 48-40-110. Consideration of a general permit for any category of activity may be commenced upon the application of a person or at the instigation of the commission. General permits may be issued to a particular person or to the public generally in the name of the State, and the permits may be issued for activities in a specified area of the State or statewide. Following the issuance of a general permit, no individual permit may be required for the activity covered by the general permit. A person conducting an activity under a general permit shall report the activity to the commission before its undertaking. When the commission determines on a case-by-case basis that the concerns for the aquatic environment so indicate, the commission may exercise discretionary authority to override the general permit and require an individual permit application and review.
Section 48-40-150. (A) A person violating a provision of this chapter is guilty of a misdemeanor and, upon conviction for a first offense, must be imprisoned for not more than six months or fined not more than five thousand dollars, or both, and for each subsequent offense, by imprisonment for not more than one year or fined not more than ten thousand dollars, or both.
(B) A person determined to be in violation of a provision of this chapter by the commission is liable for, and may be assessed by the commission, a civil penalty of not less than one hundred dollars nor more than one thousand dollars for each day of violation. If the commission determines that a person is in violation of a permit, regulation, standard, or requirement under this chapter, the commission may issue an order requiring the person to comply with the permit, regulation, standard, or requirement, including an order requiring restoration when considered environmentally appropriate by the commission. In addition, the commission may bring a civil enforcement action and may seek injunctive relief.
Section 48-40-160. A person proposing to engage in regulated activity under this chapter shall determine if the proposed location is within a regulated wetland or a portion of it and may request that the commission assist in inspecting the property on which the activity is to be located for purposes of determining whether the property contains regulated freshwater wetlands. The commission shall make those determinations as expeditiously as possible and shall furnish the person requesting the determination with a written statement of the findings. The `Federal Manual for Identifying and Delineating Jurisdictional Wetlands', adopted by the United States Corps of Engineers, United States Environmental Protection Agency, United States Fish and Wildlife Service, and United States Soil Conservation Service on January 10, 1989, and subsequent amendments to this manual must be used as the technical basis for identifying and delineating wetlands in South Carolina.
Section 48-40-170. The commission, in its annual report to the General Assembly, shall report application processing times for wetlands permits reviewed in the past reporting year.
Section 48-40-180. (A) There is created within the commission a Freshwater Wetlands Permit Assistance Office. A permit assistant must be designated by the commission to carry out the functions of the office. The permit assistant shall provide a person proposing to engage in a regulated activity with information, services, and assistance as appropriate pertaining, but not limited to:
(1) technical assistance from the various state and private agencies and institutions involved in freshwater wetlands research;
(2) informational assistance throughout the entire permit process and information concerning changes to state or federal law or regulations which may affect the outcome of a permit application or change the permitting process;
(3) application forms.
(B) In order to educate the public of the values and functions of freshwater wetlands the permit assistance office shall establish the following:
(1) a comprehensive bibliography of all relevant wetlands publications from federal, state, and private sources;
(2) a speaker's bureau represented by qualified persons across the State to speak on wetlands issues. The list of available speakers must be made available to the news media and other groups including, but not limited to, teachers of kindergarten through grade twelve, local government officials, sector based representatives, landowners, and special interest groups seeking presentations on wetlands topics;
(3) a publication describing South Carolina wetlands and their functions and protection needs. The publication must be widely distributed throughout the State and also must be made available at all county extension offices and the State Library.
Section 48-40-190. If the commission denies an application for a freshwater wetlands permit, the owner of record of the property affected may request the local tax assessor to take this denial into consideration when the property is valued, assessed, and taxed for property tax purposes, and upon request the local tax assessor must do so.
Section 48-40-200. (A) A refundable credit is allowed against taxes levied by Section 12-7-210 and 12-7-230. The credit must be calculated based upon the credit amounts allowed by subsection (B) and in accordance with other provisions of the this chapter. The credit allowed by this section is allowed only to freshwater wetlands and may not be extended to saltwater wetlands.
(B) The refundable credit allowed by subsection (A) must be calculated as follows based on the classes described in Section 48-40-40:
(1) forty-five dollars an acre for Class I wetlands;
(2) thirty dollars an acre for Class II wetlands;
(3) fifteen dollars an acre for Class III wetlands.
(C) In the case of an individual taxpayer, estate, or trust, the maximum number of acres allowed for credit under this section is two hundred fifty acres and for corporations the maximum number of acres allowed is one thousand acres.
(D) Before a taxpayer is allowed the credit provided in this section, certification by the commission is required. A copy of the certification must be attached to the return. Failure to attach the certification disallows the credit until the certification is provided. The certification must include the number of acres which qualify and the wetlands class. The Tax Commission may require other information it considers necessary.
(E) The commission is responsible for the enrollment of acreage under this chapter. In enrolling acreage under the chapter, the commission may not enroll or qualify acreage in an amount which exceeds one million dollars in credits a year, and at no time may the qualifying acreage in total exceed five million dollars in credits. The credits allowed under this section may not exceed the average original purchase price an acre of qualifying acreage. At the time the credits equal the original purchase price per acreage, the taxpayer may not be allowed additional credits. If the taxpayer exceeds the allowed amount, penalties and interest provided in subsection (F) apply to the excess taken, in addition to repayment of the credit overage.
(F) If a taxpayer who has taken the credits provided in this section breaches or does not comply with the provisions of the chapter, the taxpayer is required to remit to the State an amount equal to the amount received under subsection (B). In addition, interest must be calculated from the date the credit was received by the taxpayer until payment is made. Interest must be calculated at the rate provided for in Section 12-54-20. A twenty-five percent penalty must be assessed on the total amount of credit taken by the taxpayer. The amount of credit, penalty, and interest must be deposited to the credit of the general fund. The credit recapture, penalty, and interest may not be waived or reduced.
(G) Upon the sale of wetlands for which a recorded easement has been given under this chapter and a credit has been taken or is being taken at the time the wetlands is sold, the credit is transferable to the purchaser. In no event may the credit or any portion thereof be taken twice on the same recorded easement. At the expiration of the recorded easement, the taxpayer owning the wetlands may submit an application for consideration by the commission to qualify for additional credits.
(H) Taxpayers qualifying under the Federal Wetlands Reserve Program may not qualify for the credits allowed in this section.
(I) A conservation easement granted under this section must be in a recordable form and must be for thirty years, permanent, or the maximum duration allowed under applicable state law.
Section 48-40-210. There is created a State Wetlands Trust Fund to be used for the acquisition, rehabilitation, and the restoration of wetlands. The commission shall pursue sources of revenue for the fund, including but not limited to, private sources, state and federal appropriations, and federal and private grants."
SECTION 3. A person who has commenced physical on-site work legally for a regulated activity before the effective date of this act has ninety days to complete the regulated activity without obtaining a permit. No freshwater wetlands permit is required by the commission for a regulated activity authorized by a permit issued by another state or federal agency before the effective date of this act.
SECTION 4. If federal funding is offered, the commission may apply for and accept responsibility for management of the federal permitting program under Section 404 of the Federal Clean Water Act.
SECTION 5. This act takes effect eighteen months after approval by the Governor.