Department of Natural Resources - JR to Approve Regulation Document No. 5329
Summary
S. 363 is a joint resolution that approves a South Carolina Department of Natural Resources regulation, Regulation Document No. 5329, concerning additional regulations for specific properties. The regulation amends existing rules for Deveaux Bank by closing public access and landing, including the intertidal zone, from March 15 through October 15 each year. The stated purpose is to protect nesting and migrating sea and shorebirds during sensitive periods.
According to the agency summary, Deveaux Bank has already been closed above the high tide line year-round to protect wildlife, and the new rule extends protection to all access areas during the spring and summer months. The site was heavily affected by storm damage, including Hurricane Idalia, and has experienced significant erosion and habitat loss. The regulation was initially implemented on an emergency basis in May 2024, and this joint resolution makes the closure part of the permanent regulatory framework after legislative approval.
Impact
If enacted, the resolution would authorize and validate the Department of Natural Resources’ amendment to Regulation 123-204, making the seasonal closure of Deveaux Bank enforceable under state administrative law. It affects public access, landing, and use of the island and its intertidal areas, while preserving existing year-round restrictions above the high tide line. The bill does not create a new program or funding mechanism; rather, it approves a specific agency regulation governing wildlife protection and access restrictions on a particular property.
Sentiment
The bill appears to have broad support and little visible opposition. It passed the Senate 37-0 on second reading and the House 106-0 on passage of the joint resolution, indicating unanimous legislative approval in both chambers. The agency rationale emphasizes conservation, storm recovery, and protection of sensitive bird habitat, and there is no recorded committee transcript showing dissent or controversy.
Contention
The main policy tension is between public access to Deveaux Bank and the need to protect sea and shorebird nesting habitat. Support for the closure is grounded in biologists’ input, public and constituent feedback, and the site’s storm-related erosion and habitat loss. Any potential concern would likely come from recreation or access interests opposed to restricting entry, but the available record shows no formal opposition or recorded debate in the legislative history provided.