Zoning and Land Use
Charleston County Comprehensive Plan Proposed Updates: Charleston County Council will hold a public hearing Feb. 13th
The Comprehensive Plan sets the foundation for how properties and communities are developed and preserved, so it is important that our ideals and principles to protect the character of Wadmalaw are represented within the Plan. The Wadmalaw Island Land Planning Committee has studied the draft of proposed amendments to the Charleston County Comprehensive Plan and have made specific recommendations for the Elements of the Plan. We have forwarded our recommendations to the County Zoning and Planning staff. Click here to review our comments (in red).
The Planning Commission will then review all public comments, and have a recommendation for County Council to ultimately vote for the amendments to the Comprehensive Plan.
These recommendations address many of the elements of the Plan, but primarily we ask the County to preserve our rural community by continuing to control the density of development and to codify the Urban Growth Boundary.
If you are in agreement with our recommendations we ask that you please email the County Zoning and Planning staff to support our recommendations before August 30th. Emails should be sent to [email protected]
In the subject line of the email, please insert “Support of the Comprehensive Plan Recommendations made by the Wadmalaw Island Land Planning Committee”
Thanks for your help to protect our Island!
Click for Workshop Meetings Materials
Click for Comprehensive Plan Materials
The Comprehensive Plan sets the foundation for how properties and communities are developed and preserved, so it is important that our ideals and principles to protect the character of Wadmalaw are represented within the Plan. The Wadmalaw Island Land Planning Committee has studied the draft of proposed amendments to the Charleston County Comprehensive Plan and have made specific recommendations for the Elements of the Plan. We have forwarded our recommendations to the County Zoning and Planning staff. Click here to review our comments (in red).
The Planning Commission will then review all public comments, and have a recommendation for County Council to ultimately vote for the amendments to the Comprehensive Plan.
These recommendations address many of the elements of the Plan, but primarily we ask the County to preserve our rural community by continuing to control the density of development and to codify the Urban Growth Boundary.
If you are in agreement with our recommendations we ask that you please email the County Zoning and Planning staff to support our recommendations before August 30th. Emails should be sent to [email protected]
In the subject line of the email, please insert “Support of the Comprehensive Plan Recommendations made by the Wadmalaw Island Land Planning Committee”
Thanks for your help to protect our Island!
Click for Workshop Meetings Materials
Click for Comprehensive Plan Materials
February 2023 Land Planning Meeting Notes:
1) Charleston County Council adopted two important modifications to the zoning laws for the County. We followed both of them over the past six months, opposing one and supporting the other.
A. One was an amendment to the County’s OCRM buffer requirements for mitigation banks. Instead of an applicant needing to request a variance from the wetlands buffer or setback requirements, which would go before the BZA, the new rule allows these requests to be handled in-house, by the Planning Director. There will no longer be public notices in the newspaper or through email to residents on the interested parties’ list, or a sign on the property, or a public meeting.
In the future, for any new mitigation banks that border the OCRM critical line, the County would first review the requests to see if DHEC/OCRM and the Corps of Engineers have issued their permits, which is a condition for approval, and then would decide whether or not to approve or deny encroachments into the wetland buffers.
We were disappointed about this ordinance amendment, but if these approvals happen in the future, as long as we know about the mitigation banks, which we should, we will have an opportunity to appeal the staff decision to the BZA.
B. The second ordinance change has to do with the AG15 zoning district and the 3-acre exception to the 15 acre rule. For many years, if properties were located within 1000 feet from the critical line, 3 acre parcels could be created. The modification of the rule is that the 3 acres needs to be touching the critical line and be fully within 1000 feet from the critical line. We supported this change.
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2. Earlier this month, Point Farm Investors, LLC filed a lawsuit against Charleston County, claiming that County Council’s ordinance modification of the 3 acre exception in AG15 zoning is a “regulatory taking”, among other claims. There may be a group of island residents who will move to intervene on the side of the County. We will follow this case closely.
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3. Update on the sand mines:
A. Bears Bluff: DHEC has withdrawn the application. They requested information from the applicant, which they never received. If the mine is ever to go forward in the future, the property owner would need to resubmit a new application.
B. Polly Point: the state level permit was approved by DHEC; however, the County is waiting for more information in order to determine whether a BZA application for a Special Exception will be required.
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4. A Bill, H.3253, was introduced in the SC House of Representatives in January, similar to the one that we followed last year. If adopted, it would limit cities, towns, and counties from prohibiting short term rentals. This has always been a function of zoning, and if approved, we believe it would violate Home Rule. The Bill is going before a House Municipal Affairs committee at some point in the future, and we will let the community know if any correspondence/opposition is needed.
1) Charleston County Council adopted two important modifications to the zoning laws for the County. We followed both of them over the past six months, opposing one and supporting the other.
A. One was an amendment to the County’s OCRM buffer requirements for mitigation banks. Instead of an applicant needing to request a variance from the wetlands buffer or setback requirements, which would go before the BZA, the new rule allows these requests to be handled in-house, by the Planning Director. There will no longer be public notices in the newspaper or through email to residents on the interested parties’ list, or a sign on the property, or a public meeting.
In the future, for any new mitigation banks that border the OCRM critical line, the County would first review the requests to see if DHEC/OCRM and the Corps of Engineers have issued their permits, which is a condition for approval, and then would decide whether or not to approve or deny encroachments into the wetland buffers.
We were disappointed about this ordinance amendment, but if these approvals happen in the future, as long as we know about the mitigation banks, which we should, we will have an opportunity to appeal the staff decision to the BZA.
B. The second ordinance change has to do with the AG15 zoning district and the 3-acre exception to the 15 acre rule. For many years, if properties were located within 1000 feet from the critical line, 3 acre parcels could be created. The modification of the rule is that the 3 acres needs to be touching the critical line and be fully within 1000 feet from the critical line. We supported this change.
———--
2. Earlier this month, Point Farm Investors, LLC filed a lawsuit against Charleston County, claiming that County Council’s ordinance modification of the 3 acre exception in AG15 zoning is a “regulatory taking”, among other claims. There may be a group of island residents who will move to intervene on the side of the County. We will follow this case closely.
———-
3. Update on the sand mines:
A. Bears Bluff: DHEC has withdrawn the application. They requested information from the applicant, which they never received. If the mine is ever to go forward in the future, the property owner would need to resubmit a new application.
B. Polly Point: the state level permit was approved by DHEC; however, the County is waiting for more information in order to determine whether a BZA application for a Special Exception will be required.
——-
4. A Bill, H.3253, was introduced in the SC House of Representatives in January, similar to the one that we followed last year. If adopted, it would limit cities, towns, and counties from prohibiting short term rentals. This has always been a function of zoning, and if approved, we believe it would violate Home Rule. The Bill is going before a House Municipal Affairs committee at some point in the future, and we will let the community know if any correspondence/opposition is needed.