Divorce Is Hard - The Right Attorney Makes It Easier.

Divorce Attorney in Folly Beach, SC

If there were one universal truth it would be that every family is different. We all have our own set of challenges to face and changes to go through. Sometimes those changes are happy like when a new baby is born. Other times these changes involve uncertainty and loss like in the event of a divorce.

If you are having to go through the pain of divorce deal with a complicated custody issue or are handling a different family-related legal matter you might need help. At Cobb Hammett LLC we understand that family issues are hard. Many of the family law clients that we work for have big questions about the future leaving them over-stressed and full of worry. They are concerned about their children their marriage or both. They are wrestling with uncertainty and anxiety having been served confusing documents that don't make sense. Sound familiar? A family law attorney in Folly Beach, SC can help whether you need a level-headed moderator or a trusted advocate in the courtroom.

At Cobb Hammett LLC we have decades of combined experience serving the needs of families from divorce proceedings to family formation issues. Our team is fiercely committed to our clients and with a dedicated focus stays up-to-date on the nuanced world of family law in Folly Beach. If you're looking for personal attention unbiased representation and a responsive family law attorney look no further than our law firm.

If you're unsure of whether you need a family law lawyers in Folly Beach, SC ask yourself these questions:

whether you need
  • Are you getting married?
  • Are you thinking about divorce?
  • Has your spouse served you with legal papers?
  • Are your kids not receiving the support that they are entitled to?

If you answered yes to any of the questions above know that we are here to help you figure out your next steps. With Cobb Hammett Law Firm by your side you can have the confidence to face even the most difficult family law issues. All of our attorneys have years of experience are incredibly responsive and fight for your family's rights. We are happy to take as much time as you need to answer questions and help put your mind at ease for whatever lies ahead.

Our firm specializes in a wide range of family law cases including:

  • Divorce
  • Adoptions
  • Property Division
  • Child Custody
  • Child Support
  • Property Division
  • Alimony
  • Mediation
  • More

If you have been left to manage a foreign family law situation it's time to call Cobb Hammett LLC. We will sit down with you for an hour at absolutely no cost - because we understand what you're going through and know that you need answers not another bill to pay.

To help provide you with a basic understanding of family law keep reading for in-depth explanations on our areas of expertise.

Divorce lawyer in Folly Beach, SC

At Cobb Hammett LLC we know all-too-well that a one size fits all approach isn't going to work very well for your unique situation. That's why we approach each divorce case from a personalized standpoint - something that we feel like each of our clients deserves.

Our goal is to help solve your family law issues and focus on your needs when your divorce is finalized. We will help develop a strategy for:

  • Meeting your post-divorce needs and objectives
  • Dividing marital property for maximum benefit
  • Maximizing time spent with your child as part of your divorce's parenting plan
  • Strengthen your role as a decision-maker for your child
  • Navigating your divorce proceedings and minimizing financial and emotional costs

By working together our divorce law firm will help you rebuild your life and secure a better future for your family.

post-divorce needs

Divorces in South Carolina Different Than Other States

Unlike divorce law in other states South Carolina divorce law doesn't allow spouses to receive an instant no-fault divorce. One or both spouses in the marriage must establish a legally acceptable reason for a divorce to happen. Grounds for a divorce in Folly Beach, SC include:

  • Desertion
  • Physical Cruelty
  • Habitual Drunkenness
  • Separation for One Year or More
  • Adultery

If you or your spouse do not have the necessary grounds for divorce in Folly Beach, SC our family law firm can file a Separate Maintenance and Support action. This step lets the court order child custody alimony and marital bills until you can file for your divorce. During this period Cobb Hammett LLC gathers pertinent info on your spouse's character and assets that can strengthen your case should it be necessary.

legally acceptable reason

Common Issues Associated with Divorces in Folly Beach, SC

A divorce in Folly Beach, SC means more than the end of a marriage. It involves dividing the parties debts and assets determines child support and custody parameters and can establish alimony. At Cobb Hammett LLC many of our clients are able to reach agreements with their spouse to resolve these issues. Reaching an agreement lets both parties customize the terms of their divorce to conserve resources avoid trial and meet the family's needs.

Sometimes however two spouses cannot or will not come to terms with an agreement. In these situations a trial is possible and litigation is necessary. Our family law attorneys in Folly Beach, SC. are highly experienced litigators and are well-equipped to handle any disputes revealed in the conference or courtroom.

Common divorce issues include:

One of the most heart-wrenching difficult decisions for parents going through a divorce is resolving child custody and visitation issues. Child custody refers to how much time each parent will spend with their child and whether they can make decisions for them. According to South Carolina law child custody and visitation time are based on what is best for the child.

Like other U.S states a formula is used in South Carolina to determine how much child support a person must pay. This formula recommends the amount of child support based on factors like how much income the parents make the cost of childcare and the obligation to support children from other relationships.

In South Carolina there is no formula to determine how much alimony a person must pay. However courts consider several factors when deciding if alimony is needed how much alimony should be paid and how long a spouse must pay it. Those factors include each spouse's ability and need to pay alimony how long the marriage lasted and any marital misconduct that occurred. To make matters more confusing there are different alimony types including lump sum rehabilitative and reimbursement.

In South Carolina marital property is the property that each spouse amasses from the date of the wedding to the time a spouse files for divorce. That property can often include marital debt. In a South Carolina divorce the courts will order an equitable division of property meaning fair under all circumstances but not necessarily equal.

Understanding Child Custody in Folly Beach, SC

Understanding Child Custody

Many of the family law clients that walk into our office have big questions that are leaving them full of stress and worry.

As mentioned above decisions that involve child custody and visitation can be contentious for parents both emotionally and legally. As experienced empathetic divorce lawyers we understand how difficult this process can be. When we work with clients going through child custody battles we always make it a point to be with them through the ups and downs to help them stay centered. Whether you are the husband or wife in your divorce we share a common goal: finding an effective way to support your children and assure their wellbeing.

In South Carolina child custody is a loaded term. In the most general definition child custody determines when each parent is responsible for the physical care of the child and how much authority each parent has to make decisions in their child's life.

No two child custody cases are the same but a negotiated custody arrangement is usually preferred in the judge's eyes as each parent has input in the process. If the parents cannot come to an amicable resolution their fate is left in the hands of a Family Court Judge in South Carolina. The focus of child custody law is always on what is in the best interests of the child. What the judge determines to be the best interests changes depending on the judge.

There are different variations of custody in South Carolina (or custody arrangements) each with varying degrees of authority. When you consult with our family law attorneys at Cobb Hammett LLC we will go over the child custody process in detail and touch on each distinction to eliminate any confusion you have.

Understanding Child Support in Folly Beach, SC.

When children are involved in divorce cases child support is often ordered. Several factors can impact whether child support is ordered like the income-earning potential of the child's parents any custody arrangements that are created and what needs the child may have.

At Cobb Hammett LLC we have years of experience with child support issues relating to:

  • Cases where child support is needed for stay-at-home parents
  • Modifications and enforcement of child support mandates
  • Resolving support and custody disputes
  • Mediation arrangements to reach an agreement on child support. Compared to litigation going
  • the mediated route often means less stress and is more cost-effective than trial.

When you trust our family law firm in Folly Beach, SC for representation we can help calculate an estimate of how much child support you or your spouse may be ordered to pay. We can also perform a needs-based analysis in cases that involve large amounts of income. At the end of the day our goal is to make this frustrating process as stress-free as possible for you so that you can focus on living life and caring for your child.

At Cobb Hammett

Understanding Alimony in Folly Beach, SC

Alimony (sometimes called spousal support or maintenance) is ordered by the court or negotiated between parties. This kind of spousal support has many factors like the income of both spouses how long they were married and the age of each spouse. Like child custody and child support trusted legal guidance is strongly recommended if you are facing potential alimony payments. Our family law attorneys will help you reach amicable arrangements for fair and appropriate alimony payments.

At Cobb Hammett LLC your family law attorney in Folly Beach, SC will help protect your interests and rights regarding:

  • Alimony and business assets
  • Permanent or long-term alimony
  • Significant alimony in high-asset divorces
  • Modifications to alimony arrangements when you or your spouse's circumstances change
  • Enforcement of spousal support mandates when needed
Alimony business assets

Understanding Division of Property in Folly Beach, SC

children marital property

When there are no children marital property or issues of alimony divorces often proceed smoothly between amicable spouses. However most divorces in South Carolina are much more complex. Typically divorce involves a union between spouses that lasts for years and involves substantial marital property. This property can be personal property real estate family businesses debts out-of-state property debts bank accounts and more.

In these nuanced situations the applicable parties need assistance dividing their property. This help most often comes from seasoned family law attorneys like Cobb Hammett LLC.

When it comes to distribution of property certain types of properties that are controversial even under the property division rules in South Carolina. South Carolina is an equitable distribution state meaning that marital property is divided equitably but not always equally.

If you are going through a divorce it's important that you are aware of the following assets and the common issues their division presents:

Pensions:

Generally pensions are the second-largest asset in a marriage. When there are sufficient alternative income sources to compensate the non-pension holder South Carolina divorce courts may leave the pension rights with the spouse who earned it with future distribution available. Otherwise a divorce court may enter a Qualified Domestic Relations Order requiring the pension administrator to pay both the former spouse and worker.:

Family Home:

The family home or the primary residential property owned by the divorcing couple is usually considered a marriage's biggest asset. Dividing this kind of property can be complex and frustrating especially when there are kids involved.

Many divorcing couples have a hard time reaching an agreement on property division. Because the division of property depends on the complexity of you or your spouse's assets and liabilities it is crucial to consult with an experienced family law attorney to provide guidance.

What Our Clients Say

Cobb Hammett LLC: Folly Beach's Most Trusted Family Law Attorneys

Divorces are rarely easy to handle. If your spouse is pulling the trigger on divorcing you we understand that your life may seem like it's in shambles. However with time and a team of trusted family law experts by your side there is light at the end of the tunnel. Together we can work through this while protecting your rights and assuring your children's stability.

If divorce seems inevitable time is of the essence. Call our family law offices in Folly Beach, SC today for your legal consultation so that we can get a sense of your unique circumstances.

Latest News in Folly Beach, SC

D.J. Rich wins Folly Beach city council seat in special election

FOLLY BEACH — This island community elected a new face to city council on Feb. 17 — one that looks familiar.Folly Beach chose D.J. Rich to serve on city council, unofficial election night results show. Rich has previously served on council for a combined 14 years.Rich secured 58 percent of votes cast on Feb. 17. John McFarland trailed behind, earning 41.6 percent of votes cast, unofficial results show.Rich’s victory marked the end of a long-lasting election cycle for Folly Beach, where Charleston County...

FOLLY BEACH — This island community elected a new face to city council on Feb. 17 — one that looks familiar.

Folly Beach chose D.J. Rich to serve on city council, unofficial election night results show. Rich has previously served on council for a combined 14 years.

Rich secured 58 percent of votes cast on Feb. 17. John McFarland trailed behind, earning 41.6 percent of votes cast, unofficial results show.

Rich’s victory marked the end of a long-lasting election cycle for Folly Beach, where Charleston County’s Board of Voter Registrations and Elections has hosted three elections on the island since last November.

Chris Bizzell was elected as mayor in a runoff election in November which left a vacant spot on council, triggering a special election to fill the seat.

In the days leading up to the election, Rich encouraged Folly Beach voters to turn out to the polls on Tuesday. In a message shared to Facebook on Feb. 16, he wrote that he ran for city council once more to “help our new administration move Folly forward responsibly.”

“I’m not a one trick pony,” Rich wrote. “I have full experience after 14 years on council and 4 as mayor pro-tem helping navigate us through a full range of issues.”

Rich ran unsuccessfully for mayor of Folly Beach last fall. He earned the third-most votes on Nov. 4, trailing behind candidates Elton Culpepper and Bizzell, failing to make the runoff. Bizzell was sworn in as mayor on Nov. 21, 2025.

But this time, Rich found success.

McFarland, a long-time property owner on the island, moved to Folly Beach full-time in 2025. Shortly after, he filed to run for city council, but fell short of winning a seat. The founder of Save Folly’s Future could often be found stumping outside the community’s sole post office on East Indian Avenue.

This Charming South Carolina Town Is a Less-Visited Lowcountry Escape—With Quaint Inns, Scenic Views, and Literary Ties

Charleston may get most of the attention when it comes to South Carolina’s many cities, but the history, culture, and (of course) Southern charm that make it so special can also be found in smaller and less expensive places in the region. If you’ve ever watched “Forrest Gump” or read anything by the late author Pat Conroy, you may be familiar with Beaufort, a harbor town on Port Royal Island. While its narrow streets, oak trees, and historic district that pre-dates the Civil War are similar to those in Charleston, Bea...

Charleston may get most of the attention when it comes to South Carolina’s many cities, but the history, culture, and (of course) Southern charm that make it so special can also be found in smaller and less expensive places in the region. If you’ve ever watched “Forrest Gump” or read anything by the late author Pat Conroy, you may be familiar with Beaufort, a harbor town on Port Royal Island. While its narrow streets, oak trees, and historic district that pre-dates the Civil War are similar to those in Charleston, Beaufort is remarkable and magical in its own right. Plus, it doesn’t draw the same crowds that tend to flock to notable Holy City hangouts like King Street, Folly Beach, and the Battery.

Before you read any further, though, you need to know how to properly pronounce the name. Not to be confused with Beaufort, North Carolina (said like “bow-fert”), the coastal town has a pronunciation more akin to “bew-fert.” Mistaking the two will immediately identify you as a tourist—and it won’t sit too well with the locals. Once you have that squared away, you can start planning your trip to Beaufort, the second-oldest city in South Carolina.

Best Things to Do

In 1969, Beaufort became one of the few U.S. cities with an entire downtown designated as a historic district by the National Trust for Historic Preservation, so exploring the neighborhoods filled with Victorian, Greek Revival, Neoclassical, and Federal-style homes is at the top of most travelers’ lists. At Henry C. Chambers Waterfront Park, you’ll spot Woods Memorial Bridge, recognizable from the aforementioned Tom Hanks blockbuster. Stretching your legs is also encouraged along the Spanish Moss Trail, a 10.2-mile greenway that weaves by Beaufort’s marshes and through trees draped in Spanish moss. Given its waterfront location, Beaufort should also be experienced by boat; book a Dolphin & History Boat Cruise with Coastal Expeditions or an ecology tour with Beaufort Kayak Tours. Paddleboarding is another option, with rental equipment available through Higher Ground Outfitters.

Beaufort’s ties to the literary world are strong; visiting the Pat Conroy Literary Center (this was Conroy’s adopted hometown) or one of the three independent bookstores in town—NeverMore Books, McIntosh Book Shoppe, or Beaufort Books—is a must for book lovers. For those interested in local art, there's the Rhett Gallery, Thibault Gallery, or Atelier Off Bay.

Many of the best things to do in Beaufort are found outside downtown. About 17 miles east is Hunting Island State Park, with its pristine beaches, marshes, maritime forest, and saltwater lagoon. It's also home to the Hunting Island Lighthouse, which was destroyed during the Civil War and rebuilt in 1875. St. Helena Island (a 15-minute drive away) is home to the Penn Center—one of the United States’ first schools for formerly enslaved individuals—as well as the family-owned Dempsey Farms, where you can pick in-season fruits and vegetables. Local produce can also be acquired on Saturdays at the nearby Port Royal Farmers Market.

Best Hotels

Enhance your visit to Beaufort with a stay in one of the town’s upscale inns. Slow Southern mornings paired with a home-cooked breakfast can be enjoyed on the expansive wooden porch at The Rhett House Inn. Guests can also book the more modern Rhett House Inn Cottages, which sit across the street from the main building. Once a Union Army hospital, Anchorage 1770 overlooks the Beaufort River and offers a fine dining experience at The Ribaut Social Club. The Beaufort Inn first opened its doors in 1897, and the property’s modern-day chapter features several fully renovated buildings within the town’s historic district.

Where to Eat and Drink

As with most Southern cities and towns, food is a major part of the local culture. If you’re a traveler who plans their vacations around meals, you’ll want to start your day at Blackstone’s Cafe or Herban Market and Cafe. For a quick lunch while exploring Beaufort, stop by Lowcountry Produce Market & Cafe to get a fried chicken sandwich or po’boy. Chapman’s Grocer also has grab-and-go treats, wine, and craft beer. Old Bull Tavern is a lively gastropub open only for dinner, Saltus River Grill is great for indulging in seafood, and those craving Italian should dine at Griffin Market. On St. Helena Island, The Gullah Grub Restaurant is one of the area’s most famous eateries (it appeared on Anthony Bourdain: No Reservations); order the shrimp gumbo.

Best Time to Visit

When considering the best time to visit South Carolina, there are a few things to keep in mind. Summers here are hot and humid—there’s no getting around that. To explore Beaufort in the most comfortable climate, your best bet is to go in either early spring or late fall. April and October are ideal—you'll find plenty to do (winter is far from bustling) while simultaneously avoiding the sweltering weather that's synonymous with the South.

Getting There

Hilton Head Island Airport (HHH) and Savannah/Hilton Head International Airport (SAV) are both about an hour's drive away. You’ll need to rent a car to fully experience Beaufort and its surrounding area. Charleston International Airport (CHS) is also an option, although it’ll take about 90 minutes to drive to Beaufort.

8 Perfect Destinations for a Long Weekend in South Carolina

South Carolina delivers some of the South’s best trips, from barrier island beaches and salt marshes to local markets in historic districts. Edisto Island, a quiet and lightly developed sea island, is worth the trip for the 1.7-mile Spanish Mount Trail, which leads to a 4,000-year-old shell midden. Beaufort, with its antebellum character and live oak-lined streets, stands out for Cypress Wetlands, where visitors can spot alligators and river otters. And Newberry is especially memorable for the Wells Japanese Garden, with its moon bridg...

South Carolina delivers some of the South’s best trips, from barrier island beaches and salt marshes to local markets in historic districts. Edisto Island, a quiet and lightly developed sea island, is worth the trip for the 1.7-mile Spanish Mount Trail, which leads to a 4,000-year-old shell midden. Beaufort, with its antebellum character and live oak-lined streets, stands out for Cypress Wetlands, where visitors can spot alligators and river otters. And Newberry is especially memorable for the Wells Japanese Garden, with its moon bridge and Torii gate, as well as the historic Newberry Opera House downtown. There is plenty of history and natural beauty waiting to be discovered across the state, and the eight towns below show just how rewarding a long weekend in South Carolina can be.

Edisto Island

Edisto Island is quiet and largely uninhabited, making it the perfect destination for those wanting to disconnect and unwind. The island's highlight is Edisto Beach State Park, featuring a maritime forest with palmetto trees and rich salt marshes. One of the park's most popular trails, the Spanish Mount Trail, is a 1.7-mile path leading to a 4,000-year-old shell midden that has gradually eroded over time. For those who want to stay immersed in the island’s natural beauty, Edisto Beach State Park also offers rustic cabins tucked among the palmettos and live oaks. The cozy, no-frills cabins sit just steps from the shoreline, allowing visitors to wake up to ocean breezes, spend the day exploring the park’s trails and beaches, and end the evening listening to the sound of waves under a sky full of stars.

Folly Beach

Just a short 25-minute drive from Charleston, Folly Beach is a lovely escape with a population of just over 2,000. Stroll along the historic Folly Pier, built in the 1930s, and take in the breathtaking ocean views. Folly Beach County Park is perfect for those looking to swim, sunbathe, or walk along the shore, with lifeguards present during the summer months.

For a taste of fresh, home-cooked seafood, visit Coconut Joe's, conveniently located just a block from the beach. The town also offers a variety of charming inns and hotels, including the Regatta Inn, which features a waterfront view, a sunset terrace, and complimentary golf cart shuttles for added convenience.

Bluffton

Bluffton offers a waterside escape of its own, centered around the scenic May River rather than the Atlantic. Here, visitors can enjoy numerous recreational activities along the river, including dolphin tours, fishing charters, kayaking, and paddleboarding. The town also highlights local artisans and vendors through markets like the Lowcountry Made Artisan Market, an open-air venue showcasing handmade goods, and the Bluffton Farmer’s Market, where you can find fresh produce, spices, barbecue, and honey. If you're searching for a true Southern-style place to stay, consider May River Manor, which boasts 5.5 acres of lush greenery, a pool, and an outdoor patio for a relaxing getaway.

Beaufort

The town of Beaufort sits on Port Royal Island, surrounded by marshy estuaries and shaded by streets lined with live oak trees. The area is home to over 100 bird species, and the nearby Cypress Wetlands, just a ten-minute drive away, are an excellent spot for exploring the wetland ecosystem. Here, you can see diverse wildlife, including minks, river otters, marsh rabbits, and alligators. Beaufort's downtown area is filled with charming local shops, with highlights such as Beaufort River Glass, Monkey’s Uncle toy shop, and the Oyster Cay Collection antiques store. For a picturesque and historic stay, Anchorage 1770 is a heritage boutique inn on the waterfront.

Aiken

Heading over to the western side of South Carolina, Aiken is renowned for its rich equestrian heritage, while also embodying the best of Southern charm and hospitality. Visitors can tour and meet the horses at Aiken Equine Rescue, the southeastern US’s largest equine rescue center. Those interested in racing can visit the Aiken Thoroughbred Racing Hall of Fame and Museum, which has a large collection of photographs and trophies from some of the country’s best equestrian riders.

The nature around Aiken is priceless as well. The Aiken Arboretum Trail in town, for example, features one of the country’s most diverse tree collections within a municipal landscape. Regarding a unique lodging option in town, The Carriage House Inn, dating back to 1872, is located in Aiken’s historic downtown district and provides a delicious complimentary breakfast and chocolate chip cookies to its guests.

Newberry

Visitors cannot go wrong with a weekend trip away in Newberry. Its downtown historic district is a particular highlight, with landmarks like the Newberry Opera House and the Newberry Museum offering important insights into the town’s history. The Wells Japanese Garden is also on the National Registry of Historic Places, featuring a temple, moon bridge, Torri gate, and tea room.

Wine lovers will find plenty to enjoy in Newberry, with Enoree River Vineyards & Winery offering the perfect spot to spend an afternoon, surrounded by scenic views of the vineyard. For a quaint stay, the historic, family-run Newberry Manor, located just a block away from the Wells Japanese Garden, is a great option.

Sullivan’s Island

Sullivan’s Island is a relaxed, two-and-a-half-mile-long island home to a little over 2,000 residents, making for a quiet escape. After a leisurely morning stroll along its 2.5-mile shoreline, visitors can enjoy lunch at one of the town's coastal cuisine spots, like Sullivan’s Fish Camp. The town also has an involved artist presence, with visitors able to appreciate local art at galleries such as Sandpiper Gallery and Adele’s Pottery.

One of the island’s iconic landmarks is Fort Moultrie, the site of a pivotal nine-hour battle with the British during the Revolutionary War in 1776. The Palms Oceanfront Hotel is one of the nearest and most recommended lodging options, including spectacular views of the ocean, a newly renovated pool deck, and stylish, modern rooms.

Pendleton

If you're interested in South Carolina's history and culture, Pendleton is a must. The town boasts more than 50 historic buildings from the 18th and 19th centuries, numerous art galleries featuring works from local artists, and a vibrant bluegrass music scene. Notable historic sites include Timms Mill, a gristmill originally built along the Six and Twenty Creek in 1784 and relocated in 1898, as well as St. Paul’s Episcopal Church, established in 1822 and still featuring a Jardine pipe organ that has been playing for over 170 years.

To dive into the bluegrass scene, head to Breazeale’s Grocery Bluegrass on the weekends, where you can enjoy jam sessions and occasionally catch performances by nationally recognized artists. For lodging, Liberty Hall Bed & Breakfast, a beautifully restored home built in 1849, offers a charming accommodation option.

Final Thoughts

Whether you are a native-born South Carolinian or hail from another state, each of these towns offers unique and diverse attractions that will appeal to every member of the family. With everything from fresh seafood to art galleries and bird tours, these towns offer a wide variety of experiences that defy simple categorization. So get out your calendar, mark your dates, and start planning your next adventure in one of these amazing towns.

Folly Beach keeps 800 short-term rental permit cap after court upholds policy

FOLLY BEACH, S.C. (WCIV) — A South Carolina appeals court has upheld Folly Beach’s limit on short-term rental licenses, allowing the city to keep its cap of 800 vacation rental permits.City leaders say the cap was approved by voters in 2023 with the goal of maintaining a balance between tourism and full-time residents on the island.The decision comes after some property owners challenged the policy in court, arguing the cap prevented them from renting their homes short-term. However, the court sided with the city, r...

FOLLY BEACH, S.C. (WCIV) — A South Carolina appeals court has upheld Folly Beach’s limit on short-term rental licenses, allowing the city to keep its cap of 800 vacation rental permits.

City leaders say the cap was approved by voters in 2023 with the goal of maintaining a balance between tourism and full-time residents on the island.

The decision comes after some property owners challenged the policy in court, arguing the cap prevented them from renting their homes short-term. However, the court sided with the city, ruling the policy regulates business licenses rather than zoning. That distinction was central to the legal challenge.

Mayor Chris Bizzell said the ruling reinforces the city’s approach to managing growth while protecting the community.

“The tourism numbers are basically the same,” Bizzell said. “What I have seen is we have a lot of people moving in that are now long-term residents, as opposed to looking at the community as an investment, which is great to have new families moving onto the island.”

The cap was created amid concerns that a growing number of homes were being used as vacation rentals instead of primary residences. At one point, nearly half of the homes on the island were operating as short-term rentals.

City leaders say the goal was to place guardrails around that growth and preserve Folly Beach’s residential character while still allowing tourism.

Bizzell said from the city’s perspective, the policy has not hurt the overall economy.

“Our hospitality tax numbers and our accommodations taxes are at or above historic levels,” he said.

Still, some local business owners say they are concerned about how limiting vacation rentals could affect spending on the island.

Perry Freeman, president of Perry Hospitality, said visitors staying in short-term rentals often spend several days dining, shopping, and supporting local businesses.

“It’s not necessarily just a cap on the rentals — it’s a cap on tourists,” Freeman said, explaining that visitors staying on the island typically spend money every day during their trip.

Freeman said he believes there are fewer people staying on the island compared to previous years, something he says businesses are starting to feel.

“You see less people out there’s definitely been an impact on our business,” he said.

While the court decision keeps the cap in place for now, the legal fight may not be over.

The property owners who filed the lawsuit say they may ask the court for a rehearing and could ultimately try to take the case to the South Carolina Supreme Court.

Meanwhile, city leaders say they plan to continue reviewing the policy as part of long-term strategic planning to ensure it maintains the balance between tourism and residents that voters supported.

SC Appeals Court rules Folly Beach’s short-term rental cap is not a zoning change

FOLLY BEACH — Two owners of several island properties lost their court appeal that sought to declare the local short-term rental cap illegal by arguing it was a change in zoning laws that deprived them of renting a new property.Folly East Indian Co., which has five short-term rental licenses for properties along Folly Beach Road, filed suit and sought an injunction in January 2023 to stop enforcement of the cap that limits island short-term rental licenses to 800.The landlord and real estate development company, owned by ...

FOLLY BEACH — Two owners of several island properties lost their court appeal that sought to declare the local short-term rental cap illegal by arguing it was a change in zoning laws that deprived them of renting a new property.

Folly East Indian Co., which has five short-term rental licenses for properties along Folly Beach Road, filed suit and sought an injunction in January 2023 to stop enforcement of the cap that limits island short-term rental licenses to 800.

The landlord and real estate development company, owned by Folly Beach residents Richard D. Brendel and Michael J. Riffert, argued that the new limit changed the zoning of properties by not allowing owners to rent them.

The city has long maintained the referendum, which was written by a citizen and voted into law by 53 percent of island residents in 2023, was a business license change, not a zoning one. The S.C. Supreme Court previously ruled that zoning provisions cannot be enacted by the referendum process.

The lawsuit stemmed from the plaintiffs’ inability to rent one property in particular. Prior to the moratorium the city permitted them to build a house they intended to operate as an income-producing short-term rental. Because of pandemic-related delays, construction took longer than expected and the owners missed their window to get a short-term license before the cap was enacted.

The plaintiffs argued the cap took away their vested rights, which by state law protects a property owner from changes in zoning ordinances for two years and would have grandfathered in their ability to rent the property.

A Charleston County court disagreed. In an April 2024 ruling, Circuit Judge Paul Burch affirmed the referendum is not a zoning ordinance. As such, it does not infringe on property rights because it is a modification of business licenses.

A business license is not a vested right, the judge said.

The following month, Folly East Indian Co. filed an appeal with the S.C. Court of Appeals, which on Feb. 18 sided with the lower court.

The court’s unpublished opinion, which means it has no precedential value, said the ordinance “at issue only amended City’s business regulations to impose a cap on the number of issued short-term rental business licenses” and that it “did not amend City’s zoning ordinance, did not rezone any properties … and did not determine where any specific activities may occur.”

Island wide, rentals are still legal in every district and every residential unit is allowed to become a rental. The referendum solely regulates how many can get a business license to operate as such.

The plaintiffs argued the cap deprives them of the “economically viable use” of their property, “infringes upon its vested rights, and will interfere with Plaintiff’s reasonable, investment-backed expectations.”

Since the referendum was enacted limiting the coveted permits, homeowners who bought properties to rent short-term for income or as a way to pay for a beach home are now unable to do that. There’s no revenue to supplement mortgages, some involving multi-million-dollar purchases with high interest rates. Many have struggled to sell off their homes since.

The 800-unit cap applies exclusively to second homes, not primary residences. At the time of the vote, there were 1,125 rental properties on Folly Beach, which accounted for 43 percent of its housing stock. About 200 entries remain on the waiting list and, as of October, no one has made it off the waitlist.

Bijan Ghom with Saxton & Stump, who represented the plaintiffs, told The Post and Courier the opinion didn’t offer much analysis or directly address “several legal arguments” made on behalf of the plaintiffs.

“Since the Court did not select this matter for oral argument, it is even more difficult to read between the tea leaves, so to speak,” he said. “In any event, my client intends to file a petition for rehearing this week. If that is denied, we plan to petition the Supreme Court for review.”

Ghom noted there is another case at the trial level that also challenges the short-term cap from another legal argument.

“So, all in all, we are still hopeful we will prevail,” he said.

The city had no additional comment.

Mayor Chris Bizzell previously told The Post and Courier fine-tuning the referendum is part of the city’s 2026 strategic plan.

“I think the biggest thing that's happening is a couple of people have asked us to maybe look at the different proposals that were in the initial short-term rental language that was proposed by (previous) Mayor (Tim) Goodwin, and then go back through that, discuss why or why not we adopted some of those provisions,” Bizzell said.

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