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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) - Big changes could be coming to the noise ordinance on Isle of Palms as city leaders hope to make the rules more clear.

The city’s noise ordinance currently doesn’t list specific limits. A proposal would establish set decibel levels based on the time and day of the week as well as the area:

Isle of Palms business owners got the chance to see the numbers and ask questions on Friday.

“We want them to understand that they have a voice, we want to hear from them,” Police Chief Kevin Cornett said. “Anything that is going to impact businesses we want them to be able to come to us and say what they think about it.”

One area resident, who only identified himself as Paul, says the noise ordinance needs to have a balance.

“Obviously, late at night you don’t want people making a lot of noise walking up and down the streets while residents are trying to go to bed, but at the same time this is a vacation spot, so you have to have a little bit on leeway for people to enjoy themselves but also be respectful,” he said.

Cornett says they’re working to find a solution that will work for businesses and residents and increase livability for everyone.

Cornette says noise is a hot topic on the island and he values feedback on this from both residents and business owners.

“Everybody is very much invested in this conversation,” Cornett said. “The city council is taking it very seriously and they are going around and talking to people to get their input. So, I think they are doing a great job on making sure voices are heard so that when we get the final project it’s fair and something that will work for everybody.”

Officers use a calibrated decibel reader when called out to a noise complaint.

“That’s how we determine if it’s a violation and then we would take other factors into account like background noise to keep the realistic approach to is as well,” Cornett said.

The public safety committee has to create a final draft before it will head to the city council for two separate readings.

Copyright 2024 WCSC. All rights reserved.

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.

Editor’s note: This story has been updated to include additional information from the city, including the fact that IOP city does not set prices for the new park area.

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ISLE OF PALMS, S.C. (WCBD) – Construction is underway on a new Isle of Palms waterfront space that will include a pier and other amenities.

Chaundra Yudchenko, who serves as the city’s public relations and tourism coordinator, said the Isle of Palms Public Dock Renovation Project will include a new 16-foot-wide pier with swings and benches.

The project also includes a floating dock with American Disabilities Act (ADA) compliant kayak and stand-up paddleboard launching.

Yudchenko said the public dock is not intended to be used for boat mooring; it will be available to the public for recreational use and passive water activities.

Construction of the public dock is set to begin in March with completion in May.

It’s all part of a 2020 vote by Isle of Palms City Council to improve the island’s marina area.

And while some are excited to have a new area to spend time with their family, others are concerned about potential costs.

“It’ll be nice to have something to bring the grandchildren over to and stuff like that- so, it’ll be nice,” said part-time resident, Dale Johns.

The project is an investment city council member Blair Hahn said was expensive but well worth it.

“The city has gone to great expense to redo the dock and we’re going to have a little green space,” Hahn said.

However, a visit to the park could cost more for non-residents. The plan is to charge visitors for parking and to launch a boat from the public dock. The cost to park is $3.50 per foot of the trailer plus a utility fee per day.

The private marina operators set fees for the new park area – they are not set by the city.

One non-resident who wanted to stay anonymous said many people are upset about this part of the plan. “The city is granting its residents special parking privileges and charging nonresidents exorbitant fees, all while calling this a “public dock.”

Hahn says fees for accessing public parks are nothing new in Charleston.

“It’s no different than Charleston County Park. They charge $20 a car to park on the island so unfortunately, that’s just a reality,” Hahn said.

The nonresident went on to say not everyone will be able to pay the fees.

“The city of Isle of Palms needs to treat residents and nonresidents the same at its “Public park” and charge everyone a fair amount, or allow free parking for everyone,” they said.

The city, according to Yudchenko, has not discussed implementing any feeds for the use of the public dock.

“Marina docks, boat launch fees, and The Outpost marina store are managed by Coastal Marinas, which is a tenant of the city. Fees for boat launching, dockage, and storage are determined by the marina tenant,” said Yudchenko.

Despite the concern, Hahn believes the park will still serve as a popular meeting spot for locals and visitors.

“We are doing everything we can to be resident-friendly and visitor-friendly and to bring people to Isle of Palms, but there’s always a cost to everything you do,” Hahn said.

Additionally, Yudchenko said the city is working with the marina restaurant, Islander 71, on a new parking layout to “increase the number and efficiency of parking spaces available to residents, visitors, and restaurant customers.”

The project is expected to be completed by May of this year.