It was expected to be a definitive, landmark court case for South Carolina’s coastal areas, but has so far ended up as a somewhat ambiguous ruling with no definite eventual outcome.
On Oct. 23, a South Carolina Administrative Law Court judge ordered that a seawall illegally constructed by Isle of Palms resident Rom Reddy at 118 Ocean Blvd. between September 2023 and February 2024 must come down. The decision came five months after a court hearing in May in Columbia and more than two years after officials with the state’s Ocean and Coastal Resource Management (OCRM) first became aware of the structure.
Legal representatives associated with the Department of Environmental Services (DES), the Coastal Conservation League (CCL) and OCRM argued in court that Reddy not only violated a state law per the 1977 Coastal Tidelines and Wetlands Act, but that hard erosion control devices on the beachfront contribute to the deterioration of the beach, which is a public trust resource.
Court Judge Ralph Anderson decreed, in part, that where a beach continues to erode, structures like Reddy’s cause “a loss of dry sand in adjacent areas — a consequence which will result in further loss of public access laterally along the beach past the structure.”
Anderson ruled, “It is the fundamental responsibility of the (DES) and therefore this Court, to protect the public’s interest in the coastal zone.”
Anderson’s order further stated that “Reddy’s illegal construction of a seawall has had a deleterious effect on the public beach and will continue to negatively impact the public interest if not removed.”
The ruling was a victory of sorts for both CCL and DES, which repeatedly tried in 2024, to no avail, to get Reddy to remove the structure.
“Allowing the seawall to remain would have set a devastating precedent for our beaches,” said Leslie Lenhardt, senior managing attorney with the South Carolina Environmental Law Project, which represented CCL in the case. “It would have sent a message that property owners have no disincentive to take matters into their own hands and construct similar structures on the beachfront.”
However, the outcome is somewhat dubious, as the ruling does not fully settle the issue. Anderson did not specify when the seawall has to be removed, raising concerns over whether any future action by Reddy per the ruling will actually happen.
“This is a problematic question because the order does not set a timeframe for either the submittal of a corrective action plan or removal of the wall,” Lenhardt said. “We believe Mr. Reddy intends to challenge the decision. He has filed a motion to the court to reconsider.”
Judge Anderson’s ruling also eliminated the imposition of a $289,000 fine, levied against Reddy by DES for not only violating state law, but for ignoring three of the department’s cease-and-desist orders of ongoing, unauthorized work.
Because Isle of Palms is a natural erosion area, attempts to keep water and weather from wearing away the beaches have been ongoing since 1983. Efforts across the island have included sandbag placement, dredging, pumping, beach condition monitoring, shoal realignment and management, dune restoration, targeted sand scrapings, the moving and re-placing of beach-compatible sand and even a temporary measure in 2024 that allowed homeowners in certain areas to build seawalls to protect home foundations.
But so far, all resistant measures have been pushed to their limits by natural forces, as strong northeastern winds and record high tides in the last decade have resulted in some of the island’s severest erosion to date.
“Since 2018, erosion has more than doubled the prior pace, which has required the city to adjust long-term management plans in response to the changing conditions,” said Steven Traynum, president of Coastal Science & Engineering in Columbia and IOP Coastal Engineer Consultant. “The city is pursuing a permit for another large-scale nourishment project, originally planned for 2027, but now being considered for 2026.”
Despite these ongoing efforts, Reddy has made it clear that he has no faith in any action by IOP City to protect his property – stating in an online video that his structure is better able to withstand the waves than expensive sand, which so far has “just all gotten washed away.”
And, as if anticipating the court case’s initial outcome, Reddy said long prior to the trial date that despite any potential legal action that might be taken against him, he would fight what he has called a violation of his “Constitutional right to protect my property.”
Which means that if heard on appeal, the case might continue well into 2026 or even longer. But with the initial ruling in their favor, officials with DES and CCL are viewing the court’s decision as a tough barrier to overturn.
“The law is clear that erosion is a natural process which becomes a significant problem for man only when structures are erected in close proximity to the beach/dune system,” Lenhardt added. “This order affirms the General Assembly’s declaration that seawalls adjacent to the beach have not proven effective and instead contribute to the deterioration of the dry sand beach.”
By L. C. Leach III
The administrative law court should be repealed. It’s only purpose is to protect the govt against citizens who have been aggrieved.