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Forestry Regulations
Regulations
SC Water Pollution Contol Act
This act, enforced by SC Department of Health and Environmental Control (DHEC), prohibits pollution of streams from forestry or any other activity. Best Management Practices for Forestry are designed to prevent violations of the SC Water Pollution Control Act and Clean Water Act..
Resource Conservation and Recovery Act
The Resource Conservation and Recovery Act (42 USC Sec. 6901 et seq.) is primarily related to landfill and solid waste disposal. The major impact on forestry is that trash, tires, batteries, cans, etc. can not be buried on-site but must be carried to an approved solid waste disposal location.
Critical Area and Navigable Waters Permits
A SC DHEC permit (R.30-10 et seq.) is necessary for all activities which alter critical areas of the State's coastal zone (salt marsh, wetlands and estuarine waters), including constructing roads or bridges for forestry activities. Similarly, a navigable waters permit (Section 10 of the Harbors and Rivers Act) administered by DHEC must be issued if a bridge or cable crossing is necessary for silvicultural activities which occur in State navigable waters.
Endangered Species Act
The Federal Endangered Species Act, passed in 1973 and amended in 1982, protects threatened and endangered species and their habitat. Private landowners may not 'take', that is, harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, etc., a listed species. (16 USC Sec. 1532 [19]).
Clean Water Act
The 1972 Clean Water Act and Clean Water Act Amendments of 1987 were passed to achieve a goal of making the nation's waters "fishable and swimmable." Initial emphasis of regulatory agencies was on point sources of pollution such as mill effluent pipes. Now emphasis is on nonpoint source (NPS) pollution.
Nonpoint source pollution usually occurs in connection with precipitation and is difficult to trace to a single source. NPS pollution can be effectively controlled with properly prescribed Best Management Practices (BMPs). The Clean Water Act's Section 319 addresses NPS pollution control. SC Best Management Practices for Forestry have been approved by the federal agencies responsible for NPS pollution control.
The Clean Water Act prohibits all discharges of dredge and fill material into "waters of the United States" unless a discharge is authorized by a Section 404 permit issued by the Corps of Engineers. However, normal ongoing silvicultural activities which involve dredge and fill in wetlands are exempt from Section 404 provided the activity complies with Best Management Practices. Should the dredge and fill activity not comply with BMPs, a permit will be required and all the standards and provisions under Section 404 apply.
Coastal Zone Act Reauthorization Amendments
The Coastal Zone Amendments of 1990 (CZARA) are intended to intensify state efforts to reduce NPS pollution in an expanded coastal zone. SC DHEC has developed a NPS Management Program for the entire state that included forestry and addresses CZARA Section 6217 requirements and Section 319 of the Clean Water Act Amendments of 1987. The program is currently being reviewed by the US Environmental Protection Agency.
Prescribed Burning
The Prescribed Fire Act of 1994 (Title 48, Chapter 35, Precautions Law) requires a prescribed burning plan to be prepared and on-site during burning. Notification must be given to the SC Forestry Commission prior to burning.
Guidelines and Standards (Non-regulatory)
South Carolina Best Management Practices for Forestry
Best Management Practices are designed to help minimize impact on water quality, reduce soil erosion and protect streamside areas. South Carolina's BMPs also address air quality, wildlife habitat, aesthetics, site productivity, and good stewardship. The SC Forestry Commission has been monitoring compliance with BMPs since 1990. The BMP compliance rate has increased from 84% in 1991 to 94% in 2001.
American Forest and Paper Association's Sustainable Forestry Initiative
The guidelines contain 12 objectives to ensure implementation of sustainable forestry principles. Compliance with the guidelines will be a condition of membership in AF&PA. The definition of sustainable forestry is "to meet the needs of the present without compromising the ability of future generations to meet their own needs by practicing a land stewardship ethic, which integrates the reforestation, managing, growing, nurturing, and harvesting of trees for useful products with the conservation of soil, air, and water quality, wildlife and fish habitat, and aesthetics."