A wealthy Isle of Palms man accused of having a seawall built illegally on the beach at his home must tear out the wall, a judge ruled Thursday in an order that supports the state’s right to protect beaches from encroaching development.
Judge Ralph K. Anderson III said removal of Rom Reddy’s seawall “is warranted’’ under the state’s beach protection law.
The ruling was seen as a victory for advocates of preserving state beaches for the public, but it was not a resounding affirmation of the S.C. Department of Environmental Services’ efforts to fine people who break the law.
In his ruling, Anderson tossed out a whopping $289,000 fine against the Isle of Palms property owner, saying it was not warranted. The judge said Reddy made a good faith effort to protect his land, even though building a seawall on the beach hurts the public’s use and enjoyment of the shore.
At issue is whether the outspoken Reddy followed state law when contractors built a seawall in front of his house following bad weather and pounding surf that threatened his home. Reddy’s beach house is at the lower end of the Isle of Palms across an inlet from Sullivans Island in Charleston County.
While Reddy says he has a right to protect his property and did the work outside of state jurisdiction, coastal regulators say the seawall is in state jurisdiction and violates the state coastal management law that banned new seawalls in 1988. Reddy represented himself in a trial before Anderson five months ago.
The Reddy case, filled with accusations of government overreach, has simmered for several years, and its outcome could help guide South Carolina on how tightly it enforces the state’s decades-old beachfront management law. The law banned new seawalls on the beach more than 30 years ago because the structures can worsen beach erosion and block public access to the shore.
Anderson’s ruling drew praise from both the S.C. Department of Environmental Services and the S.C. Environmental Law Project, a non-profit legal service that supported state action against Reddy. Environment department officials were not made available for an interview but the agency issued a statement late Thursday afternoon.
“Judge Anderson’s October 23 ruling supports SC DES’s position that the Coastal Tidelands and Wetlands Act, as enacted by the General Assembly, prioritizes the protection of South Carolina’s coast for the benefit of all,’’’ according to the statement from SC DES spokeswoman Laura Renwick. “The ruling upholds the agency’s determination that this particular seawall must be removed.’’
Seawalls are a concern in South Carolina and other places because, while they protect valuable oceanfront homes and hotels, they worsen erosion when pounded by waves. That narrows the public beach, giving people less dry sand to walk and play on. Walls also can jut out so far that they block access for people walking down the seashore.
Amy Armstrong and Leslie Lenhardt, law project attorneys involved in the case, said they were disappointed the fine had been tossed out, but the key was upholding the right of the state to require Reddy to tear out the seawall. The ruling helps protect state beaches from further attempts to build erosion-worsening seawalls, Armstrong said.
They noted that Anderson’s order said the Reddy seawall had “accelerated erosion’’ of the beach at Isle of Palms. The ruling did not give a timeline for tearing out the wall, but said a plan must be developed to do so. The order is notable because South Carolina courts don’t often tell property owners to tear down illegal structures they’ve built. Reddy has said he may appeal the decision to a higher court.
Reddy declined to be interviewed. He sent a text to The State expressing satisfaction that the $289,000 fine was tossed out, but said the ruling did not go far enough. Reddy’s text said Anderson “vacated an unjust penalty against me and raised legitimate, long-overdue questions about the ability of state bureaucrats to impose their will on private property owners.
“There is still much work to be done, however, as the judge’s ruling is unfortunately not a full and complete vindication of private property rights — meaning those who do not have the means to defend themselves against the bureaucratic state remain in danger of its oppressive action,’’ Reddy’s text said, noting that “if citizens don’t stand up, if we don’t push back against this weaponized government, that is how tyranny takes root.’’
Anderson agreed that while Reddy was wrong to construct the seawall, he did not do so with “willful’ intent because the state had sent mixed messages on whether the construction was legal. State regulators dispute that.
Specifically, the case centered on whether seawalls can be constructed beyond state building restriction lines on the beach. The lines were set up in the late 1980s and have been used in an attempt to prevent building too far on to the shore. But in recent years, beaches have eroded landward of the building restriction lines — known as setbacks — and turned vegetated land that had not been regulated into sandy beach. In Reddy’s case, state officials argued the area where he built the seawall had become sandy beach subject to state jurisdiction.
Rising sea levels and more intense storms have exposed multiple places along the state’s coastline that regulators say are now jurisdictional, but were not in the past.
Anderson wrote that “the department has permitting authority since it could not otherwise protect the entirety of the coastal zone if it were unable to exercise regulatory authority over the beaches, irrespective of the location of the setback line.’’
The judge said Reddy must “submit a corrective action plan for the removal of the hard erosion control structure.’’
Reddy, who bought his house at Isle of Palms just over a decade ago, is an affluent businessman who owns several small newspapers in the Charleston area. He says he has a litany of experience in other fields. He has said he is an engineer and the one-time owner of an artificial turf company that sold the synthetic grass for 270 stadiums nationally one year.
An ardent supporter of President Donald Trump, Reddy has started a political action committee to help candidates who want to cut state regulations and reduce the size of government.
His disdain for the government has been evident throughout the heated seawall dispute. He’s accused regulators of targeting him and trying to limit his freedoms. At one point, he said the state was using Gestapo-like tactics, a reference to the sadistic Nazi military force of World War II. Anderson had refused to toss the case out, resulting in the trial.
This story has been updated with comments from Reddy, state regulators and environmentalists