Junk Removal in Isle of Palms, SC

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.

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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. (WCBD)- Parking on the Isle of Palms continues to be a contentious topic.

Some saying that a parking plan approved by the South Carolina Department of Transportation in 2015 which established resident-only parking zones needs to be revoked.

The parking plan that was approved in 2015 eliminated a significant number of free parking.

The approval was unpopular among the Charleston Beach Foundation, a group that advocates for more public access to the beaches, when it was first approved.

Now, this plan is now receiving renewed pushback.

“For Isle of Palms to eliminate parking in those right of ways is wrong to begin with and probably unconstitutional,” Parking advocate, Michael Barnett said.

Barnett, who started a petition over beach restrictions in the Lowcountry, says this parking issue has come up again after Isle of Palms voted to deny the short-term rental cap.

Barnett said, “The Isle of Palms is allowing short term rentals throughout the island, essentially making the residential only districts, commercial districts.”

Monday morning, Myra Jones with the Charleston Beach Foundation sent the City of Isle of Palms a letter, asking for the plan to be revoked, arguing IOP no longer has legitimate “residential” areas since the resolution to cap short-term rentals on the island failed.

“So, the SCDOT needs to now go back, review the 2015 parking plan, request that the Isle of Palms redo the parking plan, and they need to give back all residential only parking, they need to give back all 3,000 parking spaces that they took in 2015,” Barnett said.

Isle of Palms city council members are fighting back.

Councilman Blair Hahn providing a statement reading, “In response to Myra Jones’ letter to City council dated November 27^th, 2023, full council has not had an opportunity to discuss. However, Ms. Jones’ continued attempts to characterize the Isle of Palms as not resident friendly, not tourism friendly, not visitor friendly is nonsensical. Isle of Palms provides 8 times more public beach parking than is required by the SC Beach Front Management Act and more public parking per mile of beach than any other community in South Carolina.

Ms. Jones has previously taken her grievances to the South Carolina Courts and has lost. In my opinion, this is nothing more than another attempt of Ms. Jones to ignore the laws of the State and attempt to force her will on Charleston beach communities.

IOP city council members say they plan to discuss this more in future council meetings.

ISLE OF PALMS — Record tides from an unexpected nor'easter in December ripped away several feet of sand on this barrier island, exposing an unauthorized, clandestine wall in front of a beachfront home near Breach Inlet.

The wall's unveiling also spawned a power struggle between the state Department of Health and Environmental Control and the Ocean Boulevard homeowner, with the two at odds over property rights and protecting the diminishing shoreline.

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This is all playing out on a sandy beach where waves are clawing closer to multi-million dollar homes amid heavy erosion caused by storms and high tides.

The home at the center of the dispute belongs to Rom Reddy, owner of the multimedia local news outlet MyLo News. After taking a beating from Hurricane Idalia last year, Reddy said he installed the wall as a erosion control barrier and covered it with 30 feet of sand.

The December nor'easter washed away the sand, uncovering the bulwark.

While performing post-storm damage assessments, DHEC became aware of the structure.

Some call it a sea wall, which the state defines as a retaining wall designed to withstand wave forces. Reddy maintains his wall isn't a sea wall, as it was never meant to be exposed to the ocean. It was meant to be buried beneath the sand to protect his home's foundation and yard, he said.

"This keeps my yard stable and keeps it from moving around, which is what a retaining wall does. If we have a catastrophic event, it gives my property some protection, although a very nominal level, because it's not meant to be ocean facing," Reddy said.

Reddy said the nor'easter left the wall tilting and unstable, prompting him to have it rebuilt. In response, DHEC sent a cease-and-desist letter in January to halt the construction.

Cease he did not. Construction on the wall continues to move full steam ahead and shows no sign of slowing down.

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Reddy said it is his right as a property owner to protect his home. The area landward of the setback line is his to do with as he pleases, he said, citing South Carolina's Coastal Tidelands and Wetlands Act.

Not so, according to DHEC's division of Ocean and Coastal Resource Management.

The sand in front of Reddy's property is considered a critical area, the agency said, and any alteration of a critical area requires permits from OCRM, even critical areas that are landward of the jurisdictional setback.

DHEC spokesperson Laura Renwick said the agency regularly issues permits for work in these areas, though it is unlikely Reddy's wall would have been approved.

"Since erosion control structures and devices such as the one identified at this property have been banned per state law since 1988, this structure would not have been permitted," Renwick said.

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Isle of Palms officials said they are aware of the structure, which violates a city ordinance prohibiting hard erosion control measures like sea walls, bulkheads and revetments. But in the case of Reddy's unauthorized structure, the city said its hands are tied. Jurisdiction of that area, and much of the island's critical areas, fall under DHEC, said Mayor Phillip Pounds.

"In this particular case, the OCRM has claimed jurisdiction, so that takes the city out of the mix, and it is up to them to enforce the state-level rules. We are relying on the state to enforce their rules that prevent structures like this being built per their cease-and-desist orders," Pounds said.

Judges in two cases in recent years have sided with homeowners who built walls or placed sandbags along eroding sections of the South Carolina coast.

While Reddy is facing pushback from DHEC, some of his neighbors are behind him. Paul Jorgensen, who owns the property adjacent to Reddy, said he doesn't love what is being erected next door, but he understands his neighbor's mindset. Working with the city and the state to get approval for protective measures has left him feeling frustrated.

"The city and the state have been utterly horrible at handling the situation. Not only have they been utterly horrible at managing, they won't even let us help ourselves," Jorgensen said.

Jorgensen said the preventative measures the city does take on aren't enough.

Ongoing restoration and protection efforts on the island include continuing sand scraping and sandbag placements on the island that began under an emergency order following Hurricane Idalia in September. City Council gave the efforts a boost in October, allotting $1.25 million to continue sand scraping along the beaches to rebuild the dunes. Council also budgeted $250,000 for installing sandbags on properties within 20 feet of erosion areas.

"The city and the state are not doing nearly enough, and, in fact, are preventing homeowners from protecting our own property," Jorgensen said.

South Carolina hasn't allowed structures like Reddy is building since enacting the Beachfront Management Act in 1988, citing a "false sense of security" the measures give to beachfront property owners while simultaneously aiding in further erosion.

Structures like sea walls block the ability of a wave to break naturally, pushing its force onto adjacent properties. The energy bounces back off of the wall, pulling the sand and eroding the beach on the seaward side. Emily Cedzo, director of conservation programs and policy for the Coastal Conservation League, said softer measures for preventing erosion, like sand fencing and larger restoration projects, are ideal for protecting beaches.

"Those are really the ideal ways to manage a beach responsibly so that it can provide good protection for private properties, but also public access and wildlife habitat," Cedzo said.

With multiple cease-and-desist directives, DHEC could begin to dole out fines or penalties.

"When DHEC identifies violations of applicable state laws or regulations, the agency has the authority to initiate an enforcement process that may result in the issuing of a civil penalty to the responsible party, among other actions," Renwick said.

Some think it's time for DHEC to take action.

"I think DHEC is going to have to move forward with enforcement. I don't know what their process or timeline looks like, but I think it's clear that they've already tried to communicate with the property owner," Cedzo said. "I know that several residents on the Isle of Palms are really concerned about it and continue sending reports."

Reddy said the cease-and-desist directives from DHEC won't deter him.

"They have to go in front of a judge and prove to the judge that we're, in fact, breaking the law. And we're ready for that," Reddy said.

Reach Anna Sharpe at 843-806-6790.