Wetlands and Real Estate: New Regulations in North Carolina

Here is an update about wetlands regulation in North Carolina that could have profound implications for real estate and environmental conservation. A recent Supreme Court ruling and subsequent legislation, referred to as the farm act, have redefined what constitutes a wetland. Specifically, lands not connected to a continuous body of surface water are no longer recognized as wetlands under this new law, enacted around May or June 2023.

This legal shift could unlock several million acres of North Carolina’s lands for development, previously classified as wetlands. These areas, notably in places like Boiling Spring Lakes and Bolivia in Brunswick County, could see a change in their land use and development potential.

However, the new definition has sparked a debate regarding the environmental implications of such a change. Wetlands serve as critical habitats for various species, including certain North Carolina amphibians known to breed in shallow waters, which may now be at risk due to these new guidelines. The Davey Resource Group, previously known as Land Management Group, has been pivotal in helping landowners and developers understand and navigate these new regulations.

While this might be seen as a positive development for real estate, the ecological consequences could be considerable, potentially affecting the state’s biodiversity and natural ecosystems. The situation is still evolving, and as Nolan hints, more updates on this topic are expected as stakeholders continue to assess the full impact of these changes.

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