Criminal Defense Lawyer in Bluffton, SC

BLUFFTON — Almost two years ago, the U.S. Supreme Court stripped federal safeguards from many of the nation’s wetlands, leaving some South Carolina bogs, ponds and swamps vulnerable to development.

In the regulation vacuum, some states have moved to protect their newly susceptible environments. But patchwork protection from state lawmakers in Columbia have left counties, cities and towns on the frontline in South Carolina to preserve much of the 7.5 million acres of wetlands.

Bluffton is the first local government in the Palmetto State to pass a wetlands protection ordinance in response to the high court decision. Developers will now need to receive a permit from town staff to carry out projects that disturb wetlands, and local officials will have new ability to penalize scofflaws.

“We care about the environment and we have to protect the very things that are so instrumental in the natural protection process,” Mayor Larry Toomer said. Later adding, “You have to have these protections in place before somebody puts in for a building permit or a development permit.”

Many geographical features classify as wetlands, among them tidal marshes, oxbow lakes and vernal pools. These areas become habitats for wildlife, fish, plants and trees, which can help absorb pollution. During storms, they can take in rising waters to prevent flooding that damages homes and risks lives.

Development over wetlands is charted by the Clean Water Act, the 1972 federal landmark legislation that created the framework for regulating pollution in American waterways. A 2023 Supreme Court decision narrowed the definition of a wetland receiving federal protection.

In 2007, Idaho couple Michael and Chantell Sackett began to backfill their wetland property so they could build a home. Their property was near a ditch, which connected to a creek that fed a lake, causing the EPA to demand the couple reverse course or pay fines exceeding $40,000 per day. Their lawsuit would span 16 years.

On one issue, all justices sided with the couple and reversed an appellate court ruling against them. On another, writing for a 5-4 majority, Justice Samuel A. Alito changed the definition of federally regulated wetlands.

Under the previous definition, wetlands that affect the physical, chemical or biological integrity of navigable waterways (like rivers or lakes) would receive protection. After the narrow Supreme Court decision, the federal government would only have Clean Water Act jurisdiction over wetlands that have a "continuous surface connection" with other such water features. According to a rough estimate, 37 percent of South Carolina’s wetlands lost federal purview. Isolated wetlands were left vulnerable.

Shortly after the ruling, Bluffton municipal staff began hearing from developers who wanted to know how the town would address the regulatory deficit. They didn’t know, said Bill Baugher, director of the Watershed Management Division.

“We didn’t have a plan,” Baugher said, noting that Bluffton had relied on the EPA and Army Corps of Engineers to regulate development over its wetlands. “But now that was no longer the case, we had a lot of vulnerable areas we wanted to make sure stayed in their current state.”

The town lost 513 acres of wetlands from 2001 to 2021, according to the S.C. Department of Natural Resources. If all contained together, that would nearly cover Old Town Bluffton. Local officials wanted control over their slowly vanishing natural resource that is a large part of making the town what it is — a waterfront community along the May River just before the bridge to Hilton Head Island.

Until the 1990s, Bluffton had been a quaint town of about 750 people. Over the past quarter century, it has ballooned from its former one-square-mile footprint to more than 50-times that size and now with 35,000 residents — and more growth coming.

South Carolina protections over the newly vulnerable wetlands are limited. Developers or builders that may discharge into Clean Water Act-protected waters must first receive a permit from the state before requesting permission from the federal government. For South Carolina’s eight coastal counties, the Department of Environmental Services reviews state and federal permit applications for consistency with its coastal management program. Towns like Bluffton, which performs its own stormwater permitting, leave projects over isolated wetlands without a state or federal review.

“There is still a question about the extent of the state's authority because it is an indirect authority that is ultimately derived from the Clean Water Act,” said Jessie White, south coast office director of the Coastal Conservation League. “The town is trying to exercise more direct local control that goes above and beyond what the state may or may not do.”

After the Sackett decision, lawmakers in Colorado passed legislation to protect its wetlands and streams. Other states also responded by introducing laws, according to the Environmental Law Institute. The S.C. Office of Resilience recommended the state regulators protect their isolated wetlands. But without action in Columbia, such responsibility is left to local governments.

Soon, Bluffton staff began collaborating with the South Carolina Environmental Law Project, which had drafted a model for local governments seeking to protect their wetlands.

“You’re trying to make something that is least burdensome but also gives much-needed protection for wetlands that have been exposed under this federal court decision and others,” said Amy Armstrong, executive director of the legal organization.

The development ordinance Bluffton passed March 11 was an interim measure. The town is waiting for a report from a contractor that will inventory its wetlands, allowing for officials to pass a more precise measure.

SCELP is lobbying lawmakers to push for statewide protection, but they expect their effort will gain more traction once a long-anticipated report on the state’s watershed from the Office of Resilience becomes public.

The federal government, however, is plowing ahead.

A memo from the Environmental Protection Agency on March 12 rescinded guidance from the Biden Administration on how to interpret the “continuous surface connection” requirement and announced the agency will start collecting public comment on how to interpret the ambiguously worded Sackett decision, said Adam Gold, manager of climate resilient coasts and watersheds science at the Environmental Defense Fund. Uncertainty about what the Clean Water Act now protects is causing confusion among environmentalists, developers, and landowners.

“There's no clear, stable benchmark for what's protected, and that's hopefully something we can improve with stronger federal protections in the future,” Gold said. “But in the meantime, filling the gap at the state and local level is the best we can do.”

Other jurisdictions in South Carolina may follow Bluffton’s lead. Georgetown County’s comprehensive plan includes passing a wetland protection ordinance.

Until then, wetlands around the state will be left vulnerable to developers seeking to capitalize on the South Carolina boom — and lawmakers scrambling to keep up.

Toby Cox contributed to this report.

A new chapter in Bluffton’s dining scene is set to begin as Radici Italian Chophouse prepares to welcome guests this spring.

Located in Parkway Commons at the former Pour Richard’s site, 4376 Bluffton Parkway, the restaurant aims to deliver an elevated Italian dining experience.

The staff, a team of seasoned culinary professionals with backgrounds in Michelin-star establishments, are ready to bring this new dining experience to the Lowcountry.

The word “radici” in Italian translates to “roots” in English, and the team is planting its roots right here in Bluffton.

Radici is the brainchild of Executive Chef Mattia Bianchi, Chef Giandomenco Prestopino and Manager Camila Eula.

When moving to South Carolina from Italy, they had a shared aspiration to create something that felt like a culmination of their careers’ work.

Together, this team collaborated with George and Piero Casalicchio (owners of Chez Georges Bistro & Bar) to bring their vision to life. Now, this team of five is ready to share authentic Italian cuisine to the Lowcountry.

“Radici represents our connection to tradition and our passion for quality ingredients,” said Executive Chef Mattia Bianchi. “Every dish we serve reflects the rich history and diverse flavors of Italian cuisine while also offering a fresh and modern approach.”

Bianchi honed his skills in international locations, including London and Italy, before stepping into instructor and management roles.

Radici’s menu is a carefully curated selection of Italian classics reimagined with contemporary flair. This select menu includes four starters, four pastas, three salads, four main dishes and a tasting menu.

Dishes including the beef carpaccio, tajarin pasta and cacciucco are particularly special to the team, as they highlight the diversity and depth of Italian flavors.

The pasta offerings will all be made fresh and in-house using imported Italian flour to give diners a truly authentic meal.

“Pasta is our craft and our talent,” Bianchi said. “But we’re looking to dive into other flavors and cuisine, too.”

For those seeking an immersive experience, Radici offers seating in the main dining area as well as at the chef’s table, where guests can observe the culinary team in action.

But for the Radici team, the restaurant will offer more than a delicious plate of food.

“When people think of Italian cuisine, I want them to think not only about the way it tasted, but about the memory that dish carries with it,” Bianchi said.

The new restaurant takes over the location of the beloved Pour Richard’s, a local institution that announced its sale in November. In collaboration with Chez Georges Bistro & Bar, the Radici team has undertaken a complete transformation of the space.

“We’ve restyled the entire layout: expanding the bar, redesigning the kitchen and reimagining the dining room to create an entirely new atmosphere,” Bianchi said.

With 50 seats available, Radici aims to provide a personal yet vibrant dining experience.

“We wanted to create a space that feels both intimate and inviting,” Bianchi said. “The changes we’ve made allow us to provide a unique experience that blends warmth, sophistication and a deep appreciation for Italian cuisine.”

The restaurant is still hiring, seeking chefs and line cooks to round out their team.

Bluffton is known for its appreciation of quality dining, which made the decision to open in this location a natural one for the team.

“We just fell in love with this area,” Bianchi said. “It’s a dream city … everyone is friendly, and it’s a great place to introduce new flavors and culinary techniques.”

While the focus is currently on the Bluffton location, the team hopes to expand in the future, bringing their blend of tradition and innovation to a broader audience.

“This town has a fantastic food culture, and we knew it would be the perfect place to share our passion for Italian cuisine,” Bianchi said.

Radici Italian Chophouse is on track to open during the first week of April, if not sooner.

“We’re ready to open our doors,” Bianchi said.

Dinner service will be available from 4:30 to 9 p.m. on Tuesday and Wednesday and from 4:30 until 10 p.m. Thursday through Saturday.

Lunch is also available from 11 a.m. until 2 p.m. on Friday through Sunday. They are closed on Mondays.

Reservations can be made via www.radicibluffton.com, on Resy or by calling 843-707-1200.

From back-of-house operations to the artistry of plating every dish, more information on Radici Italian Chophouse can be found @radicibluffton on Instagram or Radici Bluffton on Facebook.

This story was originally published March 14, 2025 at 6:00 AM.

The Island Packet

(843) 626-0211

Anna Claire Miller is the Service Journalism Reporter for The Island Packet. Originally from Georgia, she has experience in magazine writing, non-profit communications and city government. Anna Claire has a bachelor’s degree in journalism, legal studies and English from High Point University.

BLUFFTON, S.C. (WTOC) - An abrupt change at the top for the Bluffton Township Fire District and a lot of unanswered questions about what’s going on.

In a press release, the Bluffton Township Fire District Board of Commissioners said they voted to recommend the current Deputy Chief of Administration, Derek Church, be made the Interim Fire Chief.

This is all pending an internal investigation into the chief for policy violations.

The Board also directed the Chairman of the Bluffton Township Fire District Board to contact Boulware, instructing him to return all Bluffton Township Fire District-owned property in his possession.

But according to the December 17th minutes for the board:

“Chief Boulware has asked to retire at the end of the month and be re-hired 30 days after as recommended in the resolution and permissible by the SC Retirement System Plan Documents.”

The board accepted his retirement that night. He officially retired on January 2nd and was expected to be re-hired 30 days later, and return on February 3rd. He is still listed as retired, wasn’t officially rehired, and a new Interim Chief was named instead.

He is now listed as retired according to the fire district.

Beaufort County said this was regarding allegations of policy violations. They said they learned of the allegations from the Administrator and County Attorney’s office. The investigation is being conducted internally by the Deputy County Attorney.

The county said in a statement quote “This situation does not impact the outstanding commitment of BTFD firefighters to public safety and service.”

Chief Boulware has been with the fire district for more than 30 years, beginning as a volunteer and working his way up. He was promoted to fire chief at the beginning of 2023.

The board recommended the current Deputy Chief of Administration, Derek Church, be appointed as the Interim Fire Chief.

Chief Church, began working with the district in 1997, and progressed through the ranks. He will now be in charge of 175 personnel and says he is dedicated to providing continued outstanding service to the Bluffton area.

In a statement the Bluffton Township Fire District said they “remain committed to transparency and accountability while respecting the privacy of personnel matters.”

See the entire Bluffton Township Fire District release below:

WTOC reached out to Beaufort County Government officials for comment, read the full statement below:

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