Estate Planning Attorney inIsle of Palms, SC

Charleston is a peninsula surrounded by water, but it isn’t necessarily a beach town, per se. If you’re after the best Charleston beaches, you’ll need to plan ahead to drive to visit one of the sea islands that flank the city. The decision will pay dividends, however, as each beach offers wide views to the horizon, the waters of the Atlantic Ocean, and plenty of space to enjoy both. Most on this list come with a “beach town,” to boot, from Edisto’s sleepy seafood shacks to live bands at the Windjammer as the sun sets on Isle of Palms.

Whatever you’re after, pack some sunscreen and keep these tips in your back pocket for assured fun in the sun: The later in the day you arrive, the more crowded it will be. If you are picky about your place on the sand, then go to Charleston beaches early. The combo of tourists who generally have later starts to the day plus locals who like to knock off work early to get a few hours of beach time equals an increase in traffic and a decrease in towel real estate nearest peak sunshine. Note that each beach has its own rules for parking, from Folly’s “wheels off the road” rule to Isle of Palms’ city operated lots. It’s a delicate dance between livable beach communities and visitor pressure, so respect and patience keep public access palatable for all.

Heads-up: drinking and smoking on most Charleston beaches is a big no no, and can cost you big time. It’s a rule that is consistently enforced, and most locals know someone (or have been someone) who came with beer or other alcoholic beverages in a beach tote and left with a tan and a fine of up to $1000. Also, note that vibes vary from beach to beach. Each one of Charleston’s beach towns has its own culture. While Folly Beach is a free-stylin’ hippie, Edisto is a genteel country cousin, and Isle of Palms a fun-loving student on spring break. This is, of course, a simplification, but can help with deciding which to-the-water trek most fits your interests.

An Isle of Palms homeowner will argue before a judge this week that the state's challenge to the retaining wall built behind his oceanfront home is null and void.

The hearings for the case that has pitted Isle of Palms property owners Rom and Renee Reddy against the Department of Environmental Services will begin on May 6 in the state Administrative Law Court in Columbia, and are expected to last until May 8.

A clerk confirmed on May 5 that the hearings would be held the morning of May 6, despite a motion filed by the Reddys on April 30 asking for a 90-day continuance.

Reddy recently fired his team of lawyers from firm Williams Mullen. The termination came shortly after ALC Chief Justice Ralph Anderson denied the Reddys' motion for summary judgment on April 24, which would have bypassed the need for trial.

This is the second team of lawyers Reddy has fired. He parted ways with his original counsel from Finkel Law Firm in July 2024.

In the order, Anderson reaffirmed the state's authority to manage South Carolina beaches, including the power to issue permits for building in the critical area, a section of the shoreline where development and construction is limited.

In an email to Anderson on April 29, Reddy attributed the termination to an irreconcilable fee dispute. He filed a motion for a 90-day continuance, a delay to give him time to hire more lawyers. Reddy noted that no attorneys were willing to take up the case without at least three months to prepare for trial.

If the request was denied, the homeowner and founder of SC DOGE said he would appear and represent himself.

Opening statements are set to begin as scheduled on May 6.

DES filed a petition for injunctive relief in the Administrative Law Court in February 2024 after the state agency became aware of the ocean-facing wall behind the Reddys' home on the Isle of Palms. The state fined the homeowners $289,000 for the wall, which they say is an unauthorized structure in the protected area of the beach.

The Reddys' have fought against the state's claims, arguing that the definition of "critical area" is too vague, and questioned the constitutionality of the term. Reddy has characterized the legal proceedings as "tyranny."

"Ultimately, this is a question of whether a government can confiscate a private citizen's land in the name of environmental protection with no compensation," Reddy said in an April statement to The Post and Courier.

DES, joined by the Coastal Conservation League, will argue to uphold the state's jurisdiction over the beaches. They are also seeking to have the wall removed and the beach restored to its original state.

ISLE OF PALMS — A judge reaffirmed the Department of Environmental Services' authority over state beaches and denied a request for summary judgment in the Isle of Palms seawall case.

The April 28 order from Administrative Law Court Chief Judge Ralph Anderson sets the stage for a trial to begin next week in Columbia where attorneys for Isle of Palms homeowners Rom and Renee Reddy will argue that the ocean-facing retaining wall they built was not constructed in the critical area of the beach, a section of the shoreline where development and construction is limited.

Whether the state's definition of the "critical area" is unconstitutionally vague will also be up for debate.

Over a year has passed since the case was filed by DES against the homeowners. In that time, the administrative law court allowed the Coastal Conservation League to intervene in the case. It also has given Reddy time to launch DOGE SC, a political action committee that advocates in reducing state agencies by half.

Attorneys for the Reddys filed a motion for summary judgment in March, asking the court to rule in favor of the homeowners and invalidate the state environmental agency's previous administrative orders against them, including a $289,000 civil penalty.

The environmental department asserts that the wall behind the Reddys' beachfront home near Breach Inlet was built within the critical area of the beach and ignored a handful of stop-work orders from the agency.

If granted, the summary judgment would have bypassed the need for a trial and render DES enforcement actions, like the fines and orders to remove the wall from the beach, invalid.

Judge Anderson declined to offer a summary judgment, instead reaffirming the department's authority over the state's beaches, including the power to issue permits for building in the critical area.

"Because the Department is the only state agency authorized to permit or deny alterations or utilizations within critical areas, it undeniably has jurisdiction over the Beach Critical Area," Anderson wrote in his order.

Hearings for the case are set to begin May 6.

Rom Reddy, in a written statement to The Post and Courier, said the denial for summary judgment was "no surprise," and that he fully expects Anderson to rule against him at trial.

"Article 1 of the SC constitution says I should 'enjoy the right to a speedy and public trial by an impartial jury' not a trial by a judge who is part of the unelected agency state that accused and convicted me of wrongdoing with no due process," Reddy said.

The homeowners maintain that the wall is outside the state's jurisdiction, and the litigation amounts to an unlawful taking of property.

"This is not justice but tyranny. Ultimately, this is a question of whether a government can confiscate a private citizen's land in the name of environmental protection with no compensation," Reddy said.

Leslie Lenhardt, an attorney for the South Carolina Environmental Law Project, said the Coastal Conservation League is pleased with the order. The law project is representing the conservation league in the case.

"Mr. and Mrs. Reddy were setting forth an argument that (environmental regulators) didn't have any authority to regulate or prohibit such a hard erosion control structure on the beach, on the public beach, and Judge Anderson very summarily rejected that argument," Lenhardt said. "While there are questions that remain, this is just a real positive move in the right direction."

A collaborative push to address flood-prone areas of Isle of Palms and beach erosion on the back side of the island has seen SeamonWhiteside (SW+) pour their energies into recommending effective resilience measures.

On the heels of offering a final presentation of their sea level rise strategy at the March Isle of Palms City Council meeting, SW+ reps Ryne Phillips and Colleen Williams have identified a key factor causing coastal erosion — septic systems.

These residential wastewater treatment and disposal mechanisms that are not connected to a public sewer system occupy most of the lowest areas on the island. It's in these parts, said Phillips, where much of the flooding and tidal inundation happens.

"You've got to get rid of septic systems so that they don't overflow and [bring] sewage. It's not just the flooding, it's a water quality public health issue," stated Phillips who serves as the SW+ Water Resources Team Leader.

The architecture and civil engineering firm is currently interfacing with the Isle of Palms Water & Sewer Commission in securing federal funding to get the island off septic systems and linked to a sewer network.

In addition to septic systems, recounted Williams, the City is working off its 2023 Master Plan focusing on drainage improvements. The plan features a multi-use path elevation project on Waterway Boulevard, as the City is in the process of acquiring a release from each abutting homeowner prior to breaking ground.

"So, what we tried to recommend were improvements that supported these ongoing efforts. So — three categories: programs, policies and projects. We talked about every new development be tapped into a sewer line, and not a septic field," Williams continued.

The SW+ Land Planner went on to detail green infrastructure solutions in terms of advising the City to require increased tree canopy to stabilize the soil and create pervious surfaces. In addition, Williams and her colleagues have recommended living shorelines, rain gardens and private incentive programs, all in the pursuit of dissipating flood water in an aesthetically pleasing manner.

SW+'s blueprint — formally adopted by City Council in March — projects what the firm "absolutely needs to happen" by 2040 in order to line up their stormwater infrastructure solutions by 2050.

Activities in progress to mitigate erosion include the constant replacement of lost sand spearheaded by Steven Traynum of Coastal Science & Engineering (CSE).

On that front, CSE is working alongside the US Army Corps of Engineers (USACE) to renourish the beach, particularly along Breach Inlet.

"The USACE is currently placing sand along the south end of the island as part of a beneficial use project to improve navigation of the intracoastal waterway," said Traynum in a email to the Moultrie News.

"They plan to place 550,000 cy (cubic yards) of sand over the course of several months, with most of the material being placed along the mid to low-tide beach. The project is likely to continue through most of the summer. The City has secured another contractor to redistribute some of this material into a restored dune between Breach Inlet and 10th Avenue. That work is ongoing and will likely be completed in early May."

One issue with that, Phillips noted, is the Army Corp's unique requirements for contractors to redistribute their sand. Those specifications from the federal agency have driven up prices for contractors "astronomically," according to Phillips.

"If you want to live on the beach, on the salt, on the Isle of Palms, where it erodes, they're going to invest millions and billions," reported Phillips. "The sea level rise, on the backside of the island and the marsh ... I think the real solution is preventing that tidewater from coming inland through pipes."

The Clemson grad went one step further in arguing in favor of prohibiting people to build in low-lying areas or, at the very least, require them fortify and elevate before construction.

On that note, Phillips credited the City for its earnest attempts to elevate, enhance land mass and preventing water from penetrating the island's interior.

"But you can't protect one little point, right? Like if there's one crack in the wall, the wall fails as a whole. And that's with most coastal cities, not just Isle of Palms," he explained. "We just randomly keep putting our finger on the cracks and more cracks keep forming."

Both Phillips and Williams suggested that the continued implementation of new gray infrastructure (roads, buildings, pipes) and green infrastructure will be instrumental in handling high tides.

Or more specifically, as Phillips observed, their mission will demand a balancing act of using traditional pipes to remove tidal water and green infrastructure (rain gardens, bioswales, etc.) to keep water from pooling and ponding along local roads.

Added Williams: "If we can reestablish some marsh on the backside of the island that helps prevent erosions, that helps slow down the influx of water."

To view SW+'s Sea Level Rise Adaptation Plan, visit https://www.iop.net/sea-level-rise-adaptation-plan.