A federal appeals court upheld a permit for a Charleston, South Carolina, housing development on Oct. 23 after planners reduced projected wetland impacts by nearly 90%, the US Justice Department said.
The ruling allows the Cainhoy Plantation project to proceed, the department said. Its Oct. 23 release was titled “Justice Department Defends Army Corps’ Thorough Review for CWA Permit, Paving the Way for Much Needed Housing Development in Charleston, South Carolina.”
The US Court of Appeals for the Fourth Circuit affirmed the US Army Corps of Engineers’ issuance of a permit under Section 404 of the Clean Water Act. The department said the decision clears the way for a long-term development intended to meet housing demand in the Charleston metropolitan area.
The department put projected wetland impacts under the revised plan at about 182 acres, down from 1,820 acres. It said the reduction followed years of analysis and changes to the proposal, with the Corps working alongside the developers to reduce the project's effect on wetlands.
The permit covers residential and mixed-use development on portions of a 9,076-acre property, the department said. The plans include housing, schools, medical facilities and community services, alongside permanent conservation of thousands of acres of land.
The department said Charleston has long identified the property as necessary to address regional growth and housing demand. It described the metropolitan area as one of the country's fastest-growing, but supplied no population growth figures or estimate of the number of homes the project would provide.
The court accepted the Corps’ review of numerous alternatives, the department said. That review concluded that none offered a practical way to supply the needed housing while causing less environmental harm. The department described the review as drawing on data and taking place over several years, without specifying its start date.
“Charleston’s rapid growth has created a real need for responsibly planned housing,” said Adam Gustafson, principal deputy assistant attorney general in the Justice Department’s ENRD division. He said the ruling confirmed that the Corps followed the law and evaluated alternatives before approving the development.
Gustafson said the approved plan would supply homes and community infrastructure while protecting the region's most valuable wetlands. The department's account nevertheless identified remaining projected wetland impacts under the revised proposal. Its description of permanent land conservation did not give an exact acreage or a timetable for construction.
