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ISLE OF PALMS, S.C. (WCSC) - The Isle of Palms City Council in 2020 voted to make additions to the marina area of the island and that project is officially slated to be completed this year.

The project included the addition of a public dock, a boardwalk and a waterfront park and greenspace. The boardwalk and public dock have been completed, and, as of Jan. 11, the construction contract for the waterfront park and greenspace was officially confirmed.

The waterfront park will cover the 300 by 25 foot wide area along the marina facing the Intracoastal Waterway. There will be a 6-foot wide concrete walkway. The park will include a large lawn area with lush planting.

They plan to include a series of benches along the waterfront walkway so residents can enjoy views of the water and boating activities. There are plans for a circular seat wall near the public dock that would create an entrance to the dock area.

They plan to include a kayak storage area and a kayak launch area. There will be golf cart parking available as well as bicycle parking areas.

All of these plans did require collaboration and participation from the marina manager and restaurant tenants. Scott Toole, the general manager of the Outpost, a nearby restaurant, says he is very excited for this addition to the area.

“I think that it’s an added benefit to the island, to the residents, everybody, to have a space and to use the dock. Kayak launching is a big thing that I think people will take advantage of.” he says. “It’s really going to help make this area kind of a place of interest for people, sort of a destination so to speak, for people to be able to get some food, get some drink, watch the water and use the dock that’s right there.”

Toole says they very recently renovated the Outpost and he’s excited to see this new project bring more people to the area. He says he feels like this area of Isle of Palms is often overlooked as it is a little ways away from the main beach.

“We’ve kind of joked that it’s a small corner of the island and so, anything that’s bringing people down this direction is good for everybody. We’re excited to see this project take place,” he says.

The project is currently slated to be completed by May of this year. To provide City Council your input on this project you can click here.

Copyright 2024 WCSC. All rights reserved.

ISLE OF PALMS, S.C. (WCBD) — As sea levels rise and strong storms impact coastal areas across the country, a battle is brewing on the Isle of Palms over what homeowners can do to protect their properties.

One beachfront homeowner on the island, Rom Reddy, has taken matters into his own hands by building a wall that he says is protecting his property near Breach Inlet from beach erosion.

This comes after Tropical Storm Idalia hit the Lowcountry coast in August 2023 and a lot of the beach behind homes on the Isle of Palms disappeared.

For some homeowners, like Reddy, this meant part of their property is now regulated by the state because, under South Carolina law, the Dept. of Health and Environmental Control’s (DHEC) division of Ocean and Coastal Resource Management (OCRM) oversees critical areas, which includes beaches.

“If Idalia comes in and erodes the property line, they [OCRM] have jurisdiction,” Reddy explained. “Another storm comes in — Nor’easter erodes it further — they have jurisdiction.”

So to avoid losing control of any more of his property, Reddy took action and is building a structure in front of his home aimed at protecting him from further beach erosion. However, DHEC officials said they did not find out about it until a strong storm in December exposed it.

“DHEC investigated, and has since issued the property owner and contractor cease and desist directives related to this unauthorized structure,” the agency said in a statement.

A spokesperson also explained that anything built on critical areas of the coast, like beaches, needs a permit, and erosion control structures have been banned on South Carolina beaches since 1988.

Reddy is in the process of having the structure rebuilt after the storm in December exposed it. He maintains that he is within his constitutional right to protect his property, adding that the wall is landward of the state’s jurisdictional lines known as the setback and baselines that define the beach/dune system.

“So this is a landgrab by the state,” Reddy said. “Where they are saying your property — and it’s just not this — any waterfront property — they say ‘if a storm erodes it, I own it I have jurisdiction — no plants, no bushes, no fences, nothing — I can tell you what to do with it.'”

Rob Young, a geologist and professor at Western Carolina University, said DHEC and OCRM’s regulations are ensuring that everyone’s right to use the beaches is protected.

He explained that DHEC and OCRM have regulatory authorities over the beaches, coastal waters, and the beach/dune system, identified by the setback and baselines which are redrawn every 7-10 years.

“If you are buying an oceanfront property you need to understand what the limitations are and what you can and can’t do,” he explained. “For most beachfront lots in South Carolina that active beach is probably considered or a portion may be private property — but that doesn’t mean you can do whatever you want out there.”

Young said anything an oceanfront homeowner wants to do in the critical areas needs approval.

“This isn’t just a regulation from OCRM this is the Beachfront Management Act, it is the law of South Carolina,” he said.

Young also explained that structures like sea walls are banned from South Carolina beaches because state officials have found they can often do more harm than good.

“One of the reasons we do not permit seawalls is they have impacts on adjacent property owners,” he said. “Just imagine if everybody did whatever they wanted to one lot at a time — it would look terrible and you would have property owner suing property owner.”

Young said if homeowners are concerned about beach erosion, they need to come together and discuss long-term solutions like building dunes, beach nourishment projects, and developing a plan for regular beach nourishment projects.

There is currently a beach renourishment project ongoing near Reddy’s home following the storms in August and December 2023. However, Reddy believes Isle of Palms leaders dropped the ball before then.

“They are supposed to preserve, protect, enhance and renourish these beaches,” he said. “Prior to Idalia, there was not a lick of sand nothing done to this side of the beach since 2017.”

Isle of Palms leaders dispute these claims in a statement to News 2:

“Prior to 2023, the southwest end of the beach had been stable and accretional and only required periodic post-storm emergency berm repairs. The city has monitored this shoreline annually since 2009 and the area in question became highly erosional in 2023 due to numerous storm events and abnormally high tides. As soon as the shoreline eroded to the point that the conditions met the South Carolina regulatory standards to allow emergency work, the city began restoring dunes to provide better protection against structural damage.

The city has assisted with funding major renourishment projects and emergency protective measures. Last year, IOP City Council approved spending up to $1,890,000 to protect the public beach and property through a combination of emergency sand scraping, trucking in beach-compatible sand and placement of sandbags.

The current balance of the Beach Preservation Fund is $8.3M and it grows by approximately $1.8M annually. However, the city is forecasting a total need of almost $30M for beach projects in the next five to six years to be covered between public and private funding efforts.”

City leaders added there are also plans to work with the Army Corps of Engineers on a project that would place around 500,000 cubic yards of sand along the intertidal zone between Breach Inlet and 10th Avenue. They anticipate the project to start in March 2024 and be completed in four months.

However, Reddy is not waiting around for that work to be done.

“Every property owner has the right to protect their property — and no government no one can take it away from us because that’s the supreme law of the land,” he said.

ISLE OF PALMS, S.C. (WCSC) - The Charleston Beach Foundation is asking the city of Isle of Palms and South Carolina Department of Transportation to revoke current parking plans along beach access points.

The group disclosed its concerns in a letter on November 27, claiming the “general public is being denied their constitutional guaranty of equality and privilege.”

Isle of Palms City Council put the regulations into place in 2015 with the goal of making the beaches functional and safe.

The 2015 parking plan, amended in 2017, cost $250,000 in taxpayer dollars and is modeled off similar plans in both Charleston and Columbia.

The city claims the plan was made to manage “unbridled growth” in the region, both nearby in Charleston and further out in the Lowcountry.

Activists say it does not match up with the increase in commercial use of the island or overall population growth.

“Revoke the 2015 parking plan on Isle of Palms, return all residential-only parking spaces on both Sullivans Island and Isle of Palms back to the general public,” Michael Barnett says.

Barnett says the plan eliminated a number of free spots and instead gave them to short-term rentals in nearby neighborhoods.

The Charleston Beach Foundation also claims the area has since become a hot spot for commercial use, with the city voting in a referendum on Nov. 7 to not limit short-term rental licenses.

“They were really the first to do it. They started to do it piece by piece, which really got my attention because I was a surfer,” Barnett says. “Businesses are operating in these areas. Not basically, they are. They’re not residential neighborhoods anymore.”

City officials weighed in on the matter.

“We are very much a residential community. Certainly, in season, we have a lot more visitors than we do residents. But we provide eight times the among of parking required by the state,” Isle of Palms Mayor Phillip Pounds says.

Pounds says the island offers an abundance of free parking with the current plan, scattered around 56 beach access points.

“It’s not about increasing revenues, being punitive. It’s about making sure every spaces available can be used properly.”

The foundation mentioned encroachment and “excessive fines” as to why the plan should be reworked.

“Why would a parking ticket for parking in a residential area, or having your tires on the road, be 3x the state average on Isle of Palms?” Barnett says.

Pounds says the plan is set in place for now.

“We can’t do anything without approval and oversight, and we have a really good relationship with SCDOT. If there were any changes we were looking to make, we’d certainly have to work in conjunction with them,” Pounds says.

The SCDOT and Isle of Palms City Council both say they are starting the initial review process for the Charleston Beach Foundation’s request.

Copyright 2023 WCSC. All rights reserved.

ISLE OF PALMS, S.C. (WCBD) — The ongoing conflict between the South Carolina Dept. of Health and Environmental Control (DHEC) and a homeowner on the Isle of Palms has now gone to court.

After storms in August and December 2023 led to significant beach erosion, Rom Reddy, an oceanfront property owner, took matters into his own hands by building a wall to protect his property near Breach Inlet from beach erosion.

However, earlier this month, DHEC officials told News 2 that anything built on critical areas of the coast, like beaches, needs a permit. They added that after investigating Reddy’s wall, they issued Reddy and the contractor cease and desist directives because it was an “unauthorized structure.”

However, DHEC officials said Reddy’s work on the wall continued even after the directives were issued.

Now, attorneys for DHEC have taken the battle to court, filing a temporary restraining order (TRO) and petition for injunctive relief in South Carolina Administrative Law Court.

“Due to the Respondents’ egregious disregard of OCRM’s Notice to Comply and the two Cease and Desist Directives, the Department has no adequate remedy at law other than to seek judicial intervention to compel the Respondents to immediately cease their unauthorized actions in the critical area,” the court filing reads.

This week, Reddy’s lawyers responded to the agency’s court filings requesting that the judge deny the motion for a TRO and petition for injunctive relief.

Reddy’s lawyers argue that his wall is not located in a critical area and that DHEC lacks the subject matter jurisdiction to issue the cease and desist in the first place. “In issuing these directives, Petitioner [DHEC] is unilaterally and unfairly extending its jurisdiction to convert private property into a public beach,” the court filing reads.

They also say that the cease and desist is a moot point because no ongoing work was being done when DHEC filed the TRO. “Petitioner [DHEC] seeks a TRO and injunctive relief to allegedly stop Respondents from ‘continuing to install a hard erosion control structure adjacent'” to the Property. As of the date of this filing, no ongoing work is being done on the Property: therefore, Petitioner’s cease-and-desist directives are moot,” they wrote.

Reddy’s attorneys also filed a countersuit against DHEC and the city of Isle of Palms with several claims, including that they violated Reddy’s constitutional rights. “DHEC has engaged in actions and inactions that have converted Respondents· private property into a public beach without justcompensation in violation of the South Carolina Constitution and the United States Constitution,” they argue.

Reddy’s attorneys also claim that DHEC and Isle of Palms leaders failed to maintain the beach near his property. In the court filing, they write, “DHEC also fails to note that prior to the Idalia storm damage, in June of 2023, Respondents sent various letters and notices of the vulnerability of the Isle of Palms properties due to improper beach renourishment by Isle of Palms and Petitioner [DHEC].”

Reddy’s lawyers also requested the case be moved to circuit court for a jury trial.

News 2 reached out to Reddy for comment about the court filings. In a statement, he said “state jurisdiction over private property is set by the SC General Assembly and last approved in 2018. DHEC, a state agency has illegally taken upon itself the task of claiming jurisdiction property by property based on a single storm. This provides Government unlimited and varying jurisdiction over private land. This is unconstitutional and will not stand”.

When News 2 asked DHEC for comment, an agency spokesperson responded “DHEC doesn’t comment on pending litigation. DHEC’s Petition For Injunctive Relief and Motion for TRO and Preliminary Injunction explain in detail the Department’s position.”

The Chief Administrative Law Judge has set a hearing date on April 18 for DHEC’s motions. Both Reddy and DHEC will present their evidence at this time.

ISLE OF PALMS, S.C. (WCSC) - As erosion continues to eat away at the Isle of Palms beachfront, homeowners are clashing with state agencies and environmental advocates about how to protect their property and the beach.

Rom Reddy and his wife have had their beachfront house on Ocean Boulevard for years. After storms left their property exposed to the ocean, Reddy says he asked about the city and state plan to rebuild the dune.

“The primary protection for a beach is the dune system. It protects the coastline. It protects the ecosystem for turtles, birds, vegetation, and so on and so forth. There hasn’t been a dune here for a year and a half. So there was no protection, so homeowners have to protect their property,” Reddy says.

When he says he didn’t get a good enough answer about when and how restoration would take place, he took matters into his own hands. Reddy says he looked carefully at his property lines and began building a seawall on the landward side of his property.

But soon after, the Department of Health and Environmental Control and state Ocean and Resource Coastal Management issued him a warning to stop building.

The agencies say his structure is in what’s called the critical area of the beach. The critical area is a part of someone’s beachfront property that is also active beach, so the agencies have some control.

Environmental groups like the Coastal Conservation League agree with Reddy about the importance of the dune system. But Emily Cedzo, CCL’s director of conservation programs and policy, says they are asking to become a part of the lawsuit and work on behalf of DHEC and OCRM to get the seawall removed.

“That is the whole point of our beach is to have these nice healthy dunes that will take the hit when a storm comes that will do their job to protect what is behind them. And then we go to work and we build it back up,” Cedzo says. “The reality is it’s a very costly solution, but it is something that is moving forward in the next few months on Isle of Palms and we are hopeful that a lot of those homes will now have that protection.”

Cedzo does note how important she thinks it is for local government to have a plan in place for when expected situations like the erosion happen. She says right now CCL takes issue with the seawall on the beach.

“The whole point of the DHEC having jurisdiction over this area is to protect a public trust resource,” Cedzo says. “It’s a public trust resource that in South Carolina belongs to you and I and everyone else who lives here and gets to enjoy the use of these places. So in particular, when we think about these kinds of materials being put within critical area, it can be a public access and safety issue. It can be a problem for nesting wildlife, any kind of foraging wildlife in that area.”

Reddy argues that he would not have had to go to the lengths of a seawall if there was a timely plan to replace the dune that worked. He also says DHEC doesn’t have control of the land he built on. He is standing by the fact that property lines clearly mark a seaward side of his property, where agencies can intervene, and a landward side where he can build.

DHEC’s Petition for Injunctive Relief, asking the wall be removed states:

Although the hard erosion control structure depicted in the above picture was installed landward of the beach/dune critical area defined by the jurisdictional lines, it was nonetheless in the beaches critical area.

The statement creates a murky definition of “critical area.” The current lawsuits might set a precedent for future property rights situations. The question at large is: what happens when erosion moves up the beach, taking the critical area into the property owner’s original landward pieces of property.

“This is not a me issue. This is happening all across the state. And it’s got to stop. People have got to stand up and say they have a constitutional right to protect their property,” Reddy says. “And these agencies and these radical environmental groups cannot take it away from them. I’m hoping I can be the voice for so many people in the state that are being overrun.”

Reddy says people along Isle of Palms beach have already reached out to him echoing his property concerns. Walking along the beach at Ocean Avenue shows that the tides often reach right up nearly to the homes themselves.

“If you live on a beach, you expect erosion to come and go, however, every American has a constitutional right to be able to protect their property and that can’t be taken away. That’s the Fifth Amendment to the U.S. Constitution,” Reddy says.

He’s referring to a portion of the Fifth Amendment that protects people from government seizure of their property without compensation. While the question of the future of the properly line issue looms, DHEC, OCRM and now CCL take issue with a seawall structure to begin with.

“The other piece I think to keep in mind here that is really important is since 1988, South Carolina established the South Carolina Beachfront Management Act, and that act has, since 1988, prohibited new sea walls are being constructed on our beaches,” Cedzo says.

She says there’s a bigger picture to look on the other side of the seawall.

“Seawalls might protect what is behind or landward of them, but when it comes to the seaward side of that wall or the adjacent properties, anytime a hard structure like a short parallel seawall comes into contact with that wind and wave energy, it has the ability to further erode the beach. So while it might help you know, the yard behind it, or the structure behind it, it really does no good for our public beaches if we want folks to be able to use them and wildlife to be able to use them,” Cedzo says.

The CCL is hoping to get legal permission to advocate against the seawall and have it removed in this case. Reddy says while his name is attached to this case, he is not alone in the property issue and has heard from many people across the lowcountry experiencing similar situations. He says he’s not backing down.

Isle of Palms did not respond to a request for comment on this story.

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