After simmering for 17 months, the long-awaited rescheduled court case of an Isle of Palms resident is over. However, the judge’s ruling as to whether the seawall’s construction has legal merit is still in limbo.
Long before a trial date was set, IOP resident Rom Reddy made it clear that despite any potential legal action against him, “I am going to fight it for myself. I have a constitutional right to protect my property – I’m going to exercise those rights.”
Despite ongoing beach renourishment efforts by IOP city leaders to battle island erosion, Reddy contends that his structure is better able to withstand the waves than expensive sand, which so far has “just all gotten washed away.”
South Carolina Department of Environmental Services (DES) officials argued before Judge Ralph Anderson that Reddy violated a state law per the Coastal Tidelines and Wetlands Act of 1977 that states, “Tidelands and coastal waters are identified as ‘critical areas’ over which the Department (DES) has direct permitting authority.” More so, that such hard erosion control devices on the beachfront contribute to the deterioration of the beach, which is a public trust resource.
“Any erosion control action you take on your own can impact public use of the beach or further contribute to erosion of the area,” said Steven Traynum, coastal engineer consultant for IOP City and president of Coastal Science & Engineering in Columbia. “Rapidly eroding shorelines are a very difficult management issue. Residents taking matters into their own hands to protect their land and home from erosion can lead to making matters worse.”
From 2008-14, more than 100,000 cubic yards of sand have been dumped along the eastern fill area of Seascape and Ocean Club near Wild Dunes Resort. The seawall construction under legal review is situated on the far end of Front Beach adjacent to Breach Inlet.
“We’ve been dealing with extensive erosion along the Breach Inlet area since summer 2023,” Traynum said in 2024. “City leaders have been doing everything they can and trying to hold the line until the Army Corps of Engineers can add about half a million cubic yards of sand to the south end area. That project is expected to occur in the next couple of months.”
Despite all these arguments, Anderson requested that each side look over the case transcripts and then prepare a proposed order (legal document) outlining the terms to the court for further review.
“This kind of procedure of reviewing proposed orders is not unusual at the ALC (Administrative Law Court),” said Leslie Lenhardt, senior managing attorney with the South Carolina Environmental Law Project, which represented the Coastal Conservation League in the case. “And proposed orders are just another way for each side to present their case, and for the judge to make a further analysis.”
Once the transcripts become available, the parties will have 30 days to submit the proposed orders. “Then the judge will rule on the merits,” Lenhardt said.
If the ruling ultimately favors Reddy, Lenhardt noted it could establish precedent for other coastal residents to install similar structures, leading to more shoreline damage with increased erosion, disruption of the beach’s natural cycle and impacts to wildlife that use the beach, such as sea turtles and endangered bird species.
If the ruling ends up favoring DES, Reddy would have to pay a levied fine of $289,000 and take down the wall. “Reddy has indicated that if he loses, he will appeal the case,” Lenhardt said.
In the case of McQueen v. South Carolina Coastal Council heard before the Supreme Court of South Carolina in 2003, court documents recorded the following: “The State has the exclusive right to control land below the high-water mark for the public benefit.” Under this precedent, DES would need to prove that the beach around Reddy’s structure is above the high-water mark.
Until a ruling is determined, the seawall will remain standing.
“Every day that Reddy’s seawall is allowed to stand, it has negative impacts,” Lenhardt added. “I’m hoping we can have a resolution to this case by July or early August.”
By L. C. Leach III
Leave a Reply