Spinal Decompression Therapy in Isle of Palms, SC

ISLE OF PALMS, S.C. (WCBD) — The ongoing conflict between the South Carolina Dept. of Health and Environmental Control (DHEC) and a homeowner on the Isle of Palms has now gone to court.

After storms in August and December 2023 led to significant beach erosion, Rom Reddy, an oceanfront property owner, took matters into his own hands by building a wall to protect his property near Breach Inlet from beach erosion.

However, earlier this month, DHEC officials told News 2 that anything built on critical areas of the coast, like beaches, needs a permit. They added that after investigating Reddy’s wall, they issued Reddy and the contractor cease and desist directives because it was an “unauthorized structure.”

However, DHEC officials said Reddy’s work on the wall continued even after the directives were issued.

Now, attorneys for DHEC have taken the battle to court, filing a temporary restraining order (TRO) and petition for injunctive relief in South Carolina Administrative Law Court.

“Due to the Respondents’ egregious disregard of OCRM’s Notice to Comply and the two Cease and Desist Directives, the Department has no adequate remedy at law other than to seek judicial intervention to compel the Respondents to immediately cease their unauthorized actions in the critical area,” the court filing reads.

This week, Reddy’s lawyers responded to the agency’s court filings requesting that the judge deny the motion for a TRO and petition for injunctive relief.

Reddy’s lawyers argue that his wall is not located in a critical area and that DHEC lacks the subject matter jurisdiction to issue the cease and desist in the first place. “In issuing these directives, Petitioner [DHEC] is unilaterally and unfairly extending its jurisdiction to convert private property into a public beach,” the court filing reads.

They also say that the cease and desist is a moot point because no ongoing work was being done when DHEC filed the TRO. “Petitioner [DHEC] seeks a TRO and injunctive relief to allegedly stop Respondents from ‘continuing to install a hard erosion control structure adjacent'” to the Property. As of the date of this filing, no ongoing work is being done on the Property: therefore, Petitioner’s cease-and-desist directives are moot,” they wrote.

Reddy’s attorneys also filed a countersuit against DHEC and the city of Isle of Palms with several claims, including that they violated Reddy’s constitutional rights. “DHEC has engaged in actions and inactions that have converted Respondents· private property into a public beach without justcompensation in violation of the South Carolina Constitution and the United States Constitution,” they argue.

Reddy’s attorneys also claim that DHEC and Isle of Palms leaders failed to maintain the beach near his property. In the court filing, they write, “DHEC also fails to note that prior to the Idalia storm damage, in June of 2023, Respondents sent various letters and notices of the vulnerability of the Isle of Palms properties due to improper beach renourishment by Isle of Palms and Petitioner [DHEC].”

Reddy’s lawyers also requested the case be moved to circuit court for a jury trial.

News 2 reached out to Reddy for comment about the court filings. In a statement, he said “state jurisdiction over private property is set by the SC General Assembly and last approved in 2018. DHEC, a state agency has illegally taken upon itself the task of claiming jurisdiction property by property based on a single storm. This provides Government unlimited and varying jurisdiction over private land. This is unconstitutional and will not stand”.

When News 2 asked DHEC for comment, an agency spokesperson responded “DHEC doesn’t comment on pending litigation. DHEC’s Petition For Injunctive Relief and Motion for TRO and Preliminary Injunction explain in detail the Department’s position.”

The Chief Administrative Law Judge has set a hearing date on April 18 for DHEC’s motions. Both Reddy and DHEC will present their evidence at this time.

Editor’s note: This story has been updated to include additional information from the city, including the fact that IOP city does not set prices for the new park area.

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ISLE OF PALMS, S.C. (WCBD) – Construction is underway on a new Isle of Palms waterfront space that will include a pier and other amenities.

Chaundra Yudchenko, who serves as the city’s public relations and tourism coordinator, said the Isle of Palms Public Dock Renovation Project will include a new 16-foot-wide pier with swings and benches.

The project also includes a floating dock with American Disabilities Act (ADA) compliant kayak and stand-up paddleboard launching.

Yudchenko said the public dock is not intended to be used for boat mooring; it will be available to the public for recreational use and passive water activities.

Construction of the public dock is set to begin in March with completion in May.

It’s all part of a 2020 vote by Isle of Palms City Council to improve the island’s marina area.

And while some are excited to have a new area to spend time with their family, others are concerned about potential costs.

“It’ll be nice to have something to bring the grandchildren over to and stuff like that- so, it’ll be nice,” said part-time resident, Dale Johns.

The project is an investment city council member Blair Hahn said was expensive but well worth it.

“The city has gone to great expense to redo the dock and we’re going to have a little green space,” Hahn said.

However, a visit to the park could cost more for non-residents. The plan is to charge visitors for parking and to launch a boat from the public dock. The cost to park is $3.50 per foot of the trailer plus a utility fee per day.

The private marina operators set fees for the new park area – they are not set by the city.

One non-resident who wanted to stay anonymous said many people are upset about this part of the plan. “The city is granting its residents special parking privileges and charging nonresidents exorbitant fees, all while calling this a “public dock.”

Hahn says fees for accessing public parks are nothing new in Charleston.

“It’s no different than Charleston County Park. They charge $20 a car to park on the island so unfortunately, that’s just a reality,” Hahn said.

The nonresident went on to say not everyone will be able to pay the fees.

“The city of Isle of Palms needs to treat residents and nonresidents the same at its “Public park” and charge everyone a fair amount, or allow free parking for everyone,” they said.

The city, according to Yudchenko, has not discussed implementing any feeds for the use of the public dock.

“Marina docks, boat launch fees, and The Outpost marina store are managed by Coastal Marinas, which is a tenant of the city. Fees for boat launching, dockage, and storage are determined by the marina tenant,” said Yudchenko.

Despite the concern, Hahn believes the park will still serve as a popular meeting spot for locals and visitors.

“We are doing everything we can to be resident-friendly and visitor-friendly and to bring people to Isle of Palms, but there’s always a cost to everything you do,” Hahn said.

Additionally, Yudchenko said the city is working with the marina restaurant, Islander 71, on a new parking layout to “increase the number and efficiency of parking spaces available to residents, visitors, and restaurant customers.”

The project is expected to be completed by May of this year.

The Isle of Palms is the latest beachfront area now dealing with an uptick in coyote sightings and attacks. (WCIV)

ISLE OF PALMS, S.C. (WCIV) — The Isle of Palms is the latest beachfront area now dealing with an uptick in coyote sightings and attacks.

As a result, the city is taking action including more signage and setting out traps.

John Hendricks likes to take his dog Zoe on early morning walks on the beach at Isle Palms. He's had his share of run-ins with coyotes. The most recent ended with Zoe being attacked.

"She definitely saw them. She chased after them," Hendricks said. "She realized that she got a little too deep. We left, got her stitches, and had to put her on quarantine for 45 days."

Zoe is now recovering, but the coyote attack has left her a little skittish when she heads to the beach.

"I took her down the same path. At first, she's like, 'Oh, right, we're at the beach.' But then, when she realized what path she was on, she's like, 'I'm not going down that path.' We turned around and went back to the car. Today, I took her down a different path and she was a little tentative," said Hendricks

Now this most recent attack has changed Hendricks' mind on trying to co-exist with coyotes.

"Before, I was much more live and let live, and we gotta learn how to get along. But after this event, I'm like, you try to take my life, so now I'm willing to take your life," Hendricks said.

Dr. Marian Shuler Holladay treated Zoe.

"They engage the dog almost in a playful manner, and then when the dog goes over, there seem to be others waiting. All of the animals I've seen attacked – all of the bite marks – seem to be in the hind end and the hind haunches, in the flanks, and in the abdomen," Holladay said.

Even a minor attack can come with a heavy price tag.

"Sometimes they need repairs. Sometimes they need drains put in and sutures to close the lacerations. Sometimes it can be anywhere between $500 to $1,500 or more per incident," Holladay said.

Isle of Palms has increased signage on the beaches and is working with a trapper to set traps. They are also holding a public safety meeting at the Isle of Palms City Hall, next Tuesday from 9-10 AM. Hendricks believes the city is doing what it can to keep the beach safe.

"They're not doing knee-jerk reaction. I think they're gathering data. I think they're doing what's appropriate."

ISLE OF PALMS, S.C. (WCBD)- Parking on the Isle of Palms continues to be a contentious topic.

Some saying that a parking plan approved by the South Carolina Department of Transportation in 2015 which established resident-only parking zones needs to be revoked.

The parking plan that was approved in 2015 eliminated a significant number of free parking.

The approval was unpopular among the Charleston Beach Foundation, a group that advocates for more public access to the beaches, when it was first approved.

Now, this plan is now receiving renewed pushback.

“For Isle of Palms to eliminate parking in those right of ways is wrong to begin with and probably unconstitutional,” Parking advocate, Michael Barnett said.

Barnett, who started a petition over beach restrictions in the Lowcountry, says this parking issue has come up again after Isle of Palms voted to deny the short-term rental cap.

Barnett said, “The Isle of Palms is allowing short term rentals throughout the island, essentially making the residential only districts, commercial districts.”

Monday morning, Myra Jones with the Charleston Beach Foundation sent the City of Isle of Palms a letter, asking for the plan to be revoked, arguing IOP no longer has legitimate “residential” areas since the resolution to cap short-term rentals on the island failed.

“So, the SCDOT needs to now go back, review the 2015 parking plan, request that the Isle of Palms redo the parking plan, and they need to give back all residential only parking, they need to give back all 3,000 parking spaces that they took in 2015,” Barnett said.

Isle of Palms city council members are fighting back.

Councilman Blair Hahn providing a statement reading, “In response to Myra Jones’ letter to City council dated November 27^th, 2023, full council has not had an opportunity to discuss. However, Ms. Jones’ continued attempts to characterize the Isle of Palms as not resident friendly, not tourism friendly, not visitor friendly is nonsensical. Isle of Palms provides 8 times more public beach parking than is required by the SC Beach Front Management Act and more public parking per mile of beach than any other community in South Carolina.

Ms. Jones has previously taken her grievances to the South Carolina Courts and has lost. In my opinion, this is nothing more than another attempt of Ms. Jones to ignore the laws of the State and attempt to force her will on Charleston beach communities.

IOP city council members say they plan to discuss this more in future council meetings.

ISLE OF PALMS, S.C. (WCSC) - The Isle of Palms City Council approved an emergency ordinance on erosion control Tuesday evening.

The ordinance passed with a 7-2 vote that will allow homeowners to build seawalls or revetments along their personal property lines. This would apply to 100-914 Ocean Boulevard, a 1.3-mile-long stretch of road and Breach Inlet.

The council discussed two options. Option one creates a setback where homeowners must build their structure within a selected 35-foot window. The second option leaves it up to the South Carolina Department of Health and Environmental Control to decide where they can or cannot be built.

The council voted on option one, with an amendment to where the seawalls can be built. Instead of a 35-foot window, the council changed it to 20-feet.

“Sometimes it’s two readings, sometimes it’s three, but tonight it’s an emergency one,” Isle of Palms Mayor Phillip Pounds says. “It’s been one thing after the other for the last six or seven months so the city has been in an emergency basis. This is kind of the next step.”

Many beachfront properties are still feeling the impacts of Hurricane Idalia, which tore away much of the beach access and caused severe erosion damage. The storm surges and coastal flooding that followed added to the problem.

If the council votes yes on the ordinance, homeowners would be able to build a revetment, which is a sloping structure, or a seawall, a vertical structure, to battle erosion damage. These entities would be the sole responsibility for property owners and must comply with material or construction requirements.

Seawalls would need to be a maximum height of 10 feet and cannot be made visible. The structures cannot be made of recycled concrete or materials and must be designed by engineers who can confirm it would not have a negative impact.

Coastal Conservation League Director of Land, Water and Wildlife Riley Egger called the ordinance a “misstep.” She asked the city to consider alternatives like renourishment instead.

“Restore dune systems that provide for wildlife habitat, protect private property owners and provide for public access,” Egger says. “Seawalls provide a false sense of security.”

Pounds says the Army Corp of Engineers is set to begin a project within the next month that would rebuild the dune back.

“The sandbags and scraping has really just been a band-aid,” Pounds says. “It was really just to get over the hump of this large project that’s coming.”

The ordinance also requires neighbors and the South Carolina Department of Health and Environmental Control Ocean and Coastal Resource Management be notified before construction begins. The department is currently the only entity that can authorize the changing of critical areas.

The department prohibits the use of heavy machinery, equipment or materials within the critical area for installing a seawall or revetment. Sand must be from an upland source.

If a seawall or revetment is not taken care of properly, the city or its coastal engineer can remove it.

City ordinances allow emergency action for issues believed to affect life, health, safety and property. If the ordinance passes, it will be effective immediately and be active for 60 days.

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