by Frank Holleman
In a significant legal victory, the protection of the dwarf-flower heartleaf (Hexastylis naniflora) was upheld against harmful development. A developer proposed an RV park in Campobello on Gold Mine Creek, in a forest that serves as habitat for this rare plant. The dwarf-flower heartleaf is listed as a threatened species under the Endangered Species Act and is recognized as a Species of Highest Concern by the S.C. Department of Natural Resources. It exists only in wet forests across a narrow region of Greenville, Spartanburg, and Cherokee Counties, and three counties in North Carolina. The RV park’s approved construction by the Spartanburg County Planning Commission would have destroyed the dwarf-flower heartleaf plants and their fragile habitat.
The South Carolina Native Plant Society, represented by the Southern Environmental Law Center, challenged the Planning Commission’s decision in Spartanburg Circuit Court, citing violations of Spartanburg County’s land development ordinance. On April 22, the Court ruled in favor of the Society on two grounds, overturning the Commission’s decision. First, the Court mandated that the RV park must be serviced by public water, rather than a well, to prevent groundwater withdrawal from affecting the hydrology of the plant’s habitat. Second, the Court required the RV park to include a comfort station to ensure visitors have proper restroom facilities, protecting the habitat from potential contamination.
While the fight is not over and more legal proceedings are expected, this significant victory is a crucial step in safeguarding the dwarf-flower heartleaf and its habitat. For now, the dwarf-flower heartleaf is winning!
