1st municipality in County to do so
By Delayna Earley
The Island News
The City of Beaufort’s City Council voted March 10 to pass amendments to the city’s single-use plastics ordinance on a first reading, making Beaufort the first municipality in Beaufort County to advance the measures.
A second and final vote will be required before the rules take effect.
The amendments, presented to council by City Manager Scott Marshall, significantly broaden the scope of the county’s original 2018 Plastic Bag Ordinance.
Rather than simply addressing single-use plastic carryout bags, the revised ordinance transforms the chapter into a comprehensive single-use plastics and foam reduction policy.
“Eight years ago, Beaufort County in conjunction with all the municipalities within it adopted a uniform ordinance to restrict the use of single-use plastic carryout bags,” Marshall told council. “Since the adoption of these provisions, retailers and suppliers increasingly have distributed thicker plastic bags marked as reusable. While technically different from traditional single-use bags, they’re often only used once and ultimately contribute to the same environmental concerns.”
What the ordinance would do
Under the amended rules, all plastic carryout bags would be banned outright.
Stores would be required to offer customers reusable bags – specifically those made of cloth with stitched, not heat-sealed, handles.
The ordinance would also prohibit businesses operating within city limits from providing to-go cups and food trays made of expanded polystyrene foam, commonly known as EPS or styrofoam. “No business establishment conducting business within the city limits may provide plastic carry-out bags or EDF disposable food service ware to its customers,” the amended regulations state.
Plastic straws and cutlery would not face an outright ban under the ordinance as passed on first reading.
After discussion on the council floor, members approved an amendment specifying that plastic straws and plastic cutlery – including forks, spoons, and knives – may only be provided upon customer request.
Council also voted to remove an exemption for straws and cutlery that staff acknowledged had been included in error.
If passed on its second reading, the ordinance would take effect eight months after adoption, but only provided that all municipalities in Beaufort County adopt a substantially similar ordinance.
Marshall called the eight-month implementation window “a saving grace” for businesses navigating the transition.
Exemptions
The amended ordinance includes expanded exemptions, covering bags used for produce, bulk foods, meats, and bakery items; medical and pharmacy bags; packaging required by state or federal food safety regulations; emergency response situations; certain nonprofit distribution activities; foam packaging used in construction materials; and items packaged outside Beaufort County and delivered into the county.
Council also voted to add churches and nonprofits to the list of entities exempt from the ban on styrofoam and disposable food service ware – an amendment recommended by Marshall.
Councilman Mitch Mitchell voiced support for holding schools and religious organizations to the same standard as private businesses, arguing that doing so could help instill environmentally conscious habits in younger generations.
Councilman Josh Scallate echoed that view, saying publicly funded institutions should lead by example.
Debate on the Council floor
The most spirited exchange of the evening came from Councilman Neil Lipsitz, who moved to strip all mention of straws and cutlery from the ordinance entirely.
“I hate those paper straws,” Lipsitz said. “They fall apart when you’re using them.”
His motion to remove straws and cutlery entirely failed to receive a second. The council instead moved forward with the “upon request only” amendment proposed by Scallate.
Lipsitz ultimately voted in favor of the ordinance as amended.
Scallate raised questions about practical enforcement, particularly at drive-through windows where customers might not know to request a straw.
Beaufort County staff, who presented alongside city staff, noted that cities such as Charleston have not exempted fast food drive-throughs from similar ordinances, and that employees at those windows are expected to ask customers whether they would like a straw as part of the ordering process.
Scallate also questioned whether the ordinance language needed additional coordination across municipalities before a second reading.
Both county and city staff indicated that the county’s Natural Resources Committee is set to hear the amendments at its April 6 meeting, with a first reading before Beaufort County Council planned for May.
Staff noted there is time to route the draft through the Southern Lowcountry Council of Governments to ensure municipalities are working from the same language.
“I’m hoping that being that we’re first, maybe there’ll be more in harmony with us,” said Councilman Mitchell.
Penalties for non-compliance
The penalty structure under the amended ordinance remains largely unchanged from earlier drafts.
After a written warning, a first infraction carries a $100 fine.
A second violation within 12 months brings a $200 penalty, and each additional violation within that period costs $500.
Repeated violations could ultimately result in the suspension or revocation of a business license.
Environmental context and next steps
Tuesday’s vote builds on years of environmental advocacy in the Lowcountry.
The county’s 2018 ban was driven largely by concerns over plastic pollution’s impact on marine wildlife, including sea turtles that mistake plastic bags for food.
Advocates and staff have long argued that the original ordinance contained a loophole, allowing retailers to offer thicker plastic bags marketed as “reusable” that larger chains such as Walmart and Target exploited.
The new definition requires that reusable carryout bags be made of cloth with stitched handles, effectively closing that gap.
A Beaufort County survey of 6,062 residents and 138 businesses found that more respondents supported a complete ban on all five common single-use plastic items – thick plastic bags, foam containers, foam cups, plastic utensils, and plastic straws – than opposed doing so.
The ordinance also includes a provision requiring the city to evaluate its effectiveness three years after adoption through stakeholder input and data collection.
No date has been set for a second reading at this time.
Delayna Earley, who joined The Island News in 2022, formerly worked as a photojournalist for The Island Packet/The Beaufort Gazette, as well as newspapers in Indiana and Virginia. She can be reached at delayna.theislandnews@gmail.com.