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ISLE OF PALMS — Some property owners along Ocean Boulevard can begin applying for permission to install sea walls behind their homes for the next 60 days.

City Council has enacted an emergency ordinance that temporarily reverses a nearly half-century ban to address the erosion that has affected the barrier island, particularly near Breach Inlet. A citywide ban on sea walls, revetments, bulkheads, riprap and other hard erosion-control structures within 250 feet of the mean high-water mark of the Atlantic Ocean has been in place for 45 years.

The ordinance rolls back the no-build zone 20 feet but still forbids hard erosion-control structures within 230 feet of the mean high-water mark.

Some homeowners on Ocean Boulevard approached the city asking for aid in protecting their homes, said Deputy City Administrator Douglas Kerr.

"Breach Inlet began seeing excessive erosion here recently. Those property owners reached out to City Council and just asked for relief from that 250-foot prohibition,” Kerr said.

The emergency ordinance, which was approved Feb. 20 by a supermajority of the nine-person council, will provide that relief, Councilwoman Elizabeth Campsen said.

“What we're looking at tonight, in my opinion, is an emergency ordinance attempting to provide emergency relief in an emergent situation to some homeowners who are being impacted by the cycle that we're in,” Campsen said.

She said she viewed the 60-day reversal as the groundwork for removing the maximum build line altogether.

“I always viewed this as Step 1 in perhaps a multistep process that gets us to the discussion about the full revocation of that 250-foot line,” she said.

The change applies only to beachfront properties between 100 and 914 Ocean Blvd. An estimated 90 beachfront homes are in that stretch.

Homeowners have 60 days to obtain permits from the city and approval for the sea wall or revetment. Mayor Phillip Pounds said construction of the sea wall does not have to be completed within that period.

At their own expense, these homeowners can opt to build a sea wall or revetment 20 feet seaward of the maximum build line, or 230 feet from the high-water mark.

“We can't back off the 45-year-old ban on sea walls and hard structures. We, I think, can compromise,” Councilman Blair Hahn said. “If we allow for sea walls to be built only within 20 feet (of the maximum build line), we're giving homeowners some protection for their foundations.”

The emergency ordinance does not supersede the state’s jurisdiction or allow homeowners to build sea walls within critical areas as deemed by the state office of Ocean and Coastal Resource Management.

“Department staff informed the City of Isle of Palms that any beachfront erosion control structure must be sited and all associated construction activities must be performed entirely landward of the state's critical areas. This does not relieve property owners from obtaining any other necessary federal or state permits,” said Casey White, a spokesman for the Department of Health and Environmental Control.

The structures must be covered with beach-compatible sand, and sea walls must be continuous. This means if owners of adjacent properties opt to install walls, the sea walls must connect.

The sea walls and revetments have to be designed by an engineer, and permits from the city are required before construction can begin, the ordinance states.

Kerr said he’s heard from roughly 10 property owners who would likely take advantage of the relaxed restrictions to install a sea wall.

A similar emergency ordinance last year for the same stretch of homes near Breach Inlet was enacted. Following damage from Hurricane Idalia, the city allowed property owners to place large, temporary sandbags behind their homes.

The sea walls and revetments now allowed in the new ordinance would be more-permanent structures.

This week's reversal happened amid construction by an Ocean Boulevard homeowner of his own erosion control wall without city or state permission.

Rom Reddy began reinforcing a retaining wall behind his home near Breach Inlet. OCRM said the structure is being built in a critical area, which would not be permitted even with the city's emergency ordinance.

Reddy moved forward with the construction despite directives to stop from the state, citing property rights and the need to protect his home from erosion.

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.

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.

ISLE OF PALMS — A bumper crop of yard signs has sprouted across this barrier island as voters prepare for a referendum Nov. 7 that could limit short-term rental licenses.

It's the latest skirmish in a much broader fight over the future of these sorts of vacation usages that's been playing out across South Carolina.

“If nothing else, we are keeping the sign business afloat," said Mayor Phillip Pounds.

Isle of Palms is among the communities on the frontlines — all places where high demand from vacationers fuels the short-term rental business. Charleston, Mount Pleasant, Folly Beach and Beaufort limit such rentals; Sullivan's Island prohibits them; Myrtle Beach doesn't allow new ones in residential neighborhoods.

The Isle of Palms referendum calls for imposing a 1,600 cap on short-term rental licenses for investors and second-home owners. There would continue to be no cap for homes that are the owners' primary residence.

It's about preserving the island's quality of life, say supporters. More than 30 percent of the city's registered voters signed a petition to get the referendum on the ballot.

“We have a growing number of short-term rental licenses in residential communities," said Randy Bell, a former councilman working with pro-referendum group Preserve Isle of Palms Now. "We are trying to maintain the one-third, one-third, one-third split between full-time residents, second homes and rental properties."

Opponents say it's really about property rights and property values. An investment property or second home could be harder to sell, and worth less, if there's no certainty it could be used for short-term rentals.

“What are we trying to solve?" said Hugh Swingle, an island resident whose family business is Palm Blvd Vacation Rentals. "We just don’t see that there’s an actual problem.”

The city had issued 1,625 licenses to property owners who are not full-time residents as of early October, and if the referendum were to pass, no new ones would be available until the number drops below 1,600.

"Obviously, we don't think it's good," said Ryan Buckhannon, president of the Isle of Palms Chamber of Commerce. He's a former councilman who owns an investment property licensed for short-term rentals.

Supporters and detractors of the referendum have set up websites, put out yard signs and sent mailings.

Isle of Palms United opposes the cap and claims on its website, iopunited.com, that taxes "have to" go up and property values will go down if the referendum were to pass. That group and others claim property values plunged 25 to 30 percent on Folly Beach after a February voter referendum capped short-term licenses there at 800.

Charleston Trident Association of Realtors data gives reason to question such claims. According to CTAR data, the median price of a house sold on Folly Beach in 2023 through September was down 14.9 percent, but the median price of a condo or townhouse sold there was up 28.2 percent.

“There’s no basis for the claim that property values will plummet by 40 percent," said Bell.

Swingle, who is affiliated with Isle of Palms United, said a cap could be a big problem for people who want to sell a property in the years ahead.

“If there were a cap in place, and you own one of those tiny condos and you went to sell it, you could have a really hard time without a (short-term rental) license," he said.

Swingle expects the vote to be close.

Preserve Isle of Palms Now supports the referendum, which the group says on preserveiop.org is about keeping the island a great place to live and preserving its residential nature by not allowing unlimited short-term rentals.

"IOP residents are either already experiencing or can foresee future problems with water and sewer capacity, traffic & parking congestion, environmental impacts, and the availability of long-term rental housing," the group's website says.

The Palm Republic, an organization created by former Isle of Palms Mayor Jimmy Carroll and current Councilman Blair Hahn, has also created programming opposing the referendum. Hahn even alleged in a YouTube video that referendum supporters have talked about driving down property values in order to get deals on real estate.

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The island has long been known as a place to rent a house or condo at the beach, or to have a second home that could be rented out for much of the year.

Full-time residents own about a third of the homes, and they can rent out those homes for up to 72 days each year if they have a short-term rental license. As of early October, 184 owner-occupied homes on Isle of Palms had short-term rental licenses.

“It’s a vacation spot, and has always been a rental community, to some extent," said Pounds, the mayor, who declined to say how he will vote. "We have 1,400 condos, give or take."

That's a lot on an island with about 4,400 residents. Most of those condos are in Wild Dunes or former hotels in the commercial area along the beachfront, and most are for rent. Many single-family homes across the island are also licensed for short-term renters.

While full-time residents are the minority of property owners on the island, they are the only people who can vote.

The referendum is on the ballot because of a petition signed by 1,173 of the city's 3,740 registered voters. That petition put a short-term rental ordinance before City Council, and after the council declined to pass that ordinance in July, it became a ballot referendum.

If the referendum were to pass, the ordinance would take effect.

The Isle of Palms yes/no referendum question is: "Shall the City of Isle of Palms limit the investment short term rental business licenses to a maximum of 1,600?"

Across the marsh in neighboring Mount Pleasant, which has more than 94,000 residents, just 400 short-term rental permits are allowed.

Supporters of short-term rentals hope state lawmakers will act to prohibit and invalidate any local restrictions in 2024. A measure aimed at limiting local governments' ability to restrain short-term rentals failed earlier this year.

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Folly Beach earlier this year imposed a short-term rental cap following a referendum. Folly Beach has fewer than half as many residences as Isle of Palms, and the town now has an 800-license limit on short-term rentals.

Isle of Palms would have 1,600, plus as many licenses as full-time residents want for their homes, if the referendum were to pass. Residents will also choose four City Council members in the election, from eight candidates.

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Reach David Slade at 843-937-5552. Follow him on Twitter @DSladeNews.

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) - 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.

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