Could a U.S. Supreme Court ruling impact this Brunswick development?

For years, the residents of Oak Island have voiced their concerns about the Williamson Tract, a mixed-use development that could bring more than 7,200 housing units and more commercial development to the town.

The project was initially proposed and approved in 2009 with a development agreement in place through 2029. More than a decade went by with little mention of the project, and then in March 2022, Mark Lyczkowski approached the Oak Island Town Council to renegotiate the project’s conditions.

While Lyczkowski and town officials hashed out some issues including keeping the same number of housing units, and dedicating eight acres of the development to the town for public use, the parties rescinded the previous development agreement and were supposed to negotiate a new agreement within 90 days.

Here’s what we know about the development’s status.

The development includes wetland areas.

The Williamson Tract encompasses 3,196 acres, with about 1,500 acres designated as wetlands. The development area is 1,674 acres with a small area of wetlands incorporated into the plan’s outline.

The developer began seeking wetlands permits in November 2022.

During the March 2022 meeting, Lyczkowski told the Oak Island Town Council his next step would be acquiring the wetlands permits for the development, which would have to be done in individual pods, a process that would likely take a year.

Lyczkowski submitted a permit application to the U.S. Army Corps of Engineers to fill 1.03 acres of wetlands and .05 acres of stream within the 3,196-acre development. While the U.S. Army Corps of Engineers sought public comment on the issue — and the town of St. James asked to weigh in after the deadline — the permit may not be needed due the U.S. Supreme Court ruling in Sackett v. EPA, which redefined “waters of the United States” and the ability to regulate those waters. This ruling was finalized in September 2023.

In an email, Roger Shew, an environmental sciences professor at the University of North Carolina Wilmington, explained this ruling means most of the wetlands on the Williamson Tract’s acreage do not meet the requirement of being connected to federally protected waters of the United States, and are no longer protected.

Some worry how this ruling may impact the environment.

Shew does not believe the Sackett v. EPA ruling is “grounded in science nor in the spirit of the original ruling associated with the Clean Water Act rulings.”

“We all know that waters do not just flow overland but through the subsurface as well,” Shew said. “Those that are adjacent and within the watershed are connected; and if what is done to one area impacts areas nearby for water quality, etc., this those are connected.”

He noted the wetlands should be protected as they are act as buffers from storm impacts, absorb flood waters reducing flood potential, act as filters to reduce pollution, and serve as a habitat and food source, allowing more biodiversity in the ecosystem.

Shew said in removing these protections, the U.S. Supreme Court has “overstepped science.”

“I would hope that our Planning Boards, Town Councils and Commissioners have the foresight to look at our valuable and dwindling natural land areas and ensure that when there is development that there is adequate protected land for the safety of those living there (stormwater management, reduced flooding, etc.) and for natural areas that improve quality of life, wellness, and biodiversity,” Shew said in an email.

Formerly protected wetlands could be incorporated into the plans.

At this point, it is unknown if the developer intends to modify the original plans for the development. The StarNews reached out to Lyczkowski, but messages were not returned by publication.

Mike Emory, spokesman for the town of Oak Island, said it “had no updates to provide.”

STAY CONNECTED: Keep up with the area’s latest Brunswick County news by signing up for the Brunswick Today newsletter and following us on Facebook and Instagram.

This article originally appeared on Wilmington StarNews: Brunswick development could change with U.S. Supreme Court ruling