The NC Environmental Management Commission Finalizes a Rule That Will Leave Most NC Wetlands Unprotected
The NC Environmental Management Commission (EMC) has finalized a disastrous rule which abandons clean water legal protections for most wetlands in North Carolina. This rule established that a wetland must be physically touching another body of water (such as a year-round stream which flows directly to a large river) in order to be protected by state laws.
Researchers have found one square kilometer of wetlands saves property owners $1.8 million in damages during storms and flooding events. As flooding and climate disasters become more frequent, we need more buffer against flooding, not less.
Additionally, wetlands act as natural filtration systems, helping provide safe, clean water for families and communities across our state.
How Did We Get Here?
In 2023, the anti-environmental majority on the US Supreme Court issued its alarming decision in Sackett v. EPA, establishing a new definition for wetlands. This clearly ignored Congress’ intent in the Clean Water Act to protect these lands we depend on. This decision abandoned federal legal protection for most wetlands in the United States. Despite its disastrous implications, the decision included language allowing states to protect more wetlands.
State Government Fails to Preserve Wetlands
Despite the Supreme Court’s encouragement of state protections, the pro-polluter majority in the NC General Assembly went in the opposite direction. Instead of using this as a new national floor for protection, they turned it into an absurdly low ceiling for the legal defense of clean waters in North Carolina.
While the change was made effective immediately, the EMC pretended to conduct a public input process. The EMC held a public hearing and received public comments, but swiftly dismissed any opposing arguments and evidence. It then promptly rubber-stamped the most catastrophic retreat from clean water protections in North Carolina history.
In the final public hearing and comment period on the change, the EMC received 134 written comments and 13 oral comments. Only one comment supported the rule change. Opponents expressed concerns about the rule and the coinciding massive loss of wetlands. This loss could result in increased flooding, reduced climate resiliency, and loss of critical wildlife habitat. In the final vote, 10 commissioners voted in favor of the new standard, while 5 opposed it. Voting in opposition were commissioners Robin Smith, Dr. Jackie MacDonald Gibson, Dr. Jennifer Orme-Zavaleta, Dr. Ann Chelminski and Dr. Ilona Jaspers.
NCLCV commends the five commissioners who sided with the public’s best interests and protested against this violation of the rights of North Carolinians.
