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.

Not so long ago, it would have been inconceivable for anyone to build a sea wall along South Carolina's coast, bury it in the sand and then set about rebuilding it when a winter storm washed away the sand and exposed it to public view. Unimaginable that the property owner would brazenly continue the construction project even after state regulators told him to stop.

After all, for more than three decades, our state law has prohibited property owners from building new sea walls on the beaches of our barrier islands. The S.C. Beachfront Management Act even prohibits the use of sandbags except on a temporary basis to protect against approaching hurricanes and similar emergencies.

The law is part of a well-known and well-litigated strategy to protect and preserve our sandy beaches, which belong to the public and fuel our tourism economy. Although sea walls protect the buildings and property immediately behind them, they also speed erosion in front of and alongside them — thus quite literally stealing the beach from all South Carolinians.

But the part-time, political board of the state Department of Health and Environmental Control started dismantling that law two years ago, when it ignored the advice of its expert staff, gave an extraordinarily liberal reading to a loophole and allowed seven property owners on DeBordieu Beach to essentially build a sea wall by burying an illegally constructed wall of sandbags in the sand. Even if the board's reading of the law was correct, it was under no legal obligation to allow the work.

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The homeowners’ attorney — state Sen. Steven Goldfinch — said the board wasn’t authorizing a sea wall but simply allowing Coastal Carolina University professor Paul Gayes to conduct an experiment to see what happens when sandbags are buried under more sand.

It’s true that we don’t know precisely how long or how well those sandbags will protect the property behind them, but we know what they will do to the beach in front of them, a beach that belongs to the public and that the DHEC board is supposed to protect. These bags have been transformed from temporary emergency protective devices into a sea wall, which will speed erosion of the beach in front of them and any property beside them that isn’t similarly hardened.

Before that 2022 vote, we warned about the message allowing the so-called experiment would send to every beachfront property owner in South Carolina: Don’t worry about what state law says about protecting your property at the expense of the public beach. Don’t worry about DHEC regulations. Do whatever you think you need to do. We won't simply forgive you for violating the law and the regulations. If you can find a professor to call what you’re doing an “experiment,” we’ll let you do even more harm to our beaches.

This is where we are once again forced to remind state officials that we told them so.

And it turns out we underestimated how brazen some beachfront property owners can be.

As The Post and Courier’s Anna Sharpe reports, Isle of Palms property owner Rom Reddy installed an unauthorized wall in front of his house last year after Hurricane Idalia and covered it with 30 feet of sand. When the December nor'easter washed away the sand, he set about rebuilding it. And when DHEC became aware of the structure, it appropriately issued a cease-and-desist order.

Mr. Reddy claims it’s not a sea wall because he never meant the structure itself to be exposed to the ocean — an explanation that makes the DeBordieu Beach property owners look like paragons of lawfulness. He also claims he has a right to protect his property, which displays a stunning misunderstanding of state law — and of who owns South Carolina’s beaches.

But no one should be surprised by this, after the DHEC board’s 2022 decision. Mr. Ruddy probably figures if regulators ever go beyond sending him orders and actually try to enforce those orders, he can just appeal to the DHEC board, and maybe hire a state senator to represent him. Did we mention that the Senate has to approve the governor’s nominees for the DHEC board?

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Ah, but here’s what he and other beachfront property owners might not have figured: Come July 1, the DHEC board ceases to exist, and appeals of decisions by the experts at the new Department of Environmental Services will go not to political appointees but to administrative law judges, who should be less intimidated than those DHEC board members by lawyer-legislators — or at least more likely to decide an appeal based on the law, rather than on their philosophical preference, as part-time governing boards of state agencies tend to do.

Coastal zone regulators need to take action to stop this lawless destruction of our public beaches. But they need to wait just long enough to ensure that the inevitable appeal of that decision is made once we have actual judges hearing the case instead of amateur politicians.

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ISLE OF PALMS, S.C. (WCSC) - Isle of Palms city crews are working diligently to restore the beach after it experienced heavy erosion during Tropical Storm Idalia.

The loss of tons of sand to erosion means the drop off between the access points and the beaches can reach several feet, making it dangerous for people to reach the beach from these points.

Until the restoration of the beach is completed, Public Beach Access 1B, 2A, and 3A will be closed until further notice.

“The cleanup will happen over the next couple of days and then next week we’ll start doing scrapping at low tide to bring some of the sand back up,” Isle of Palms Mayor Phillip Pounds said. “And build a dune in front of these people’s houses to protect them for the rest of the hurricane season.”

Not only is it hurricane season, but it’s also sea turtle nesting season. Inclement weather can leave turtles exposed, but Pounds said the city is doing all it can to keep the turtles protected.

“You’re not in the dunes and hopefully not disturbing the nest,” Pounds said. “Our turtle team does a great as far as marking the nest or moving them when they feel like they’re in harm’s way. So, it’s very coordinated with our local turtle team as well as the South Carolina Department of Natural Resources to make sure they’re aware of what’s going, you know?”

Despite the city not receiving federal funding, city leaders have managed to receive an emergency permit from the Office of Ocean and Coastal Resource Management to begin restoration work Tuesday.

Pounds stresses the importance of maintaining safety before heading into Labor Day weekend.

“So, we just ask folks to be respectful of the workers that’ll be coming in and out of here. There’s going to be trucks and bulldozers and all kind of stuff going on. So just watch out and be careful,” Pounds says. “Our guys will be out here next week with the bulldozers when most of our summer crowd is gone. So, the timing is decent from that standpoint, we just need to get protection on the beach for these folk’s home as soon as we can.”

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ISLE OF PALMS, S.C. (WCIV) — The Lowcountry saw its fourth highest tide on record Sunday after a Nor'easter hit the South Carolina coast.

Neighborhoods on the beach, like Isle of Palms (IOP), were hit hard by coastal flooding and beach erosion. Most spent Monday trying to recover.

People living on IOP are in clean-up mode; they’re filling bags with debris and trash found all over their property. They say they weren't expecting Sunday's storm to hit them so hard, including those who remember dealing with much worse.

"We went through Hurricane Hugo here at the same location," said Mike Sottile, who has resided on the same IOP street for 46 years. "This was not as bad as Hurricane Hugo, obviously, but it was a lot of cleanup. It's probably the most cleanup we've had since Hurricane Hugo."

Read more: Nearly 100 residents in McClellanville trapped after road collapses during Nor'easter

The clean-up took an entire day. Sottile says he started cleaning at 5 a.m. and the pile of 10 of bags spilling over at the end of his driveway wasn't full until 3 p.m. And the debris scattered around his property wasn't all the storm left behind.

"I had water in my garage that was probably two feet deep," Sottile said. "My backyard was in knee deep water and it was just a combination of storm surge and seven inches of rain."

Those two feet of water filled his garage while destroying the family's washer and dryer. The family says they're now in a hurry to replace those appliances during the busy holiday season, with Christmas festivities quickly approaching for them.

Read more: Edisto Beach feels impact of Sunday Nor'easter

According to Sottile, people living on IOP are used to flooding every year, but the recovery from this storm is taking longer.

"We normally don't have this kind of cleanup," he said. "When I say we've had storms in the past, usually it's just what you see in the street and it drains off as soon as the tide goes back out."

Most of the flood waters have receded from the streets. Still, Sottile said his work is far from done. His cable television service is out, but the heat is working. He feels lucky the damage wasn't worse, like the kind he's experienced in the past.

Read more: Flooding continues after Nor'easter causes record rainfall, 4th-highest tide level in Charleston

Neighbors say they're now waiting for the city to come and collect the trash before they can get back to normal life.

"I put in a call to the public works, let them know it was here," Sottile said. "I'm sure they're inundated by a lot of people on the island, so hopefully it'll get picked up before Christmas."

ISLE OF PALMS, S.C. (WCIV) — There’s a controversial fight raging over an unauthorized structure's future. The dispute is between an Isle of Palms homeowner and city and state leaders over a retaining wall he's installing on what he claims is his property.

“What was happening, is the waters were coming in so severely that my soils in my yard were unstable,” said homeowner Rom Reddy. “We put in a retaining wall. It is not erosion control.”

Reddy said he's just trying to protect his land from heavy weather conditions.

“We wanted to put sand back in front of it, at our expense if need be. They say we can't. Why would you not want to put sand back on a beach? Now, we are faced with having to reinforce this structure because it's ocean-facing,” Reddy said.

City and state officials said this is an unauthorized project happening within city lines. The Department of Health and Environmental Control (DHEC) issued a cease and desist to Reddy on Feb. 1- instructing him to stop work immediately.

City leaders said they're in the process of possibly changing a city ordinance.

“There's one ordinance on the city books that doesn't allow any type of structure within 250 feet of an OCRM line,” Isle of Palms Mayor Phillip Pounds said. “Right now that's all the way up to Ocean Boulevard given the change of the shoreline. We're just kind of in the middle of an erosion cycle that's painful to be involved with.”

According to DHEC, erosion control structures have been banned on beachfronts in the state since the 1980s, and only the agency's Ocean and Coastal Resource Management (OCRM) is authorized to alter beaches.

“That's why the OCRM has rules, and that's why the state has rules around what you can and can't do on an active beach,” Pounds said. The mayor added that the OCRM has claimed jurisdiction on this specific wall.

However, homeowner Rom Reddy stands strong in his argument he's doing no wrong.

“The state claims that whatever we are doing to reinforce what we have inside my yard, now it is inside my property. It's not on the active beach. How is it active beach inside my yard? An active beach is not a term used in the law. The beach critical areas are very clearly defined in the law.” Rom Reddy said, “I want to keep re-emphasizing that it is in my property outside of the state jurisdictional lines passed by the law.”

Since receiving the cease and desist, Reddy said his crews have continued to build.

According to DHEC regulations, if a person refuses to follow department directions, the department may file a lawsuit.

The Army Corp of Engineers is preparing to begin their erosion project in the area next month.