Homeowner stands up to government agency’s demand that he destroy seawall

In 2014, Rom Reddy bought a home in Isle of Palms, a coastal city just outside Charleston, South Carolina. Although Rom loves his beachfront home, living near the water comes with risks. The property has been damaged by hurricanes, coastal storms, erosion, and more. After a particularly brutal hurricane destroyed swaths of the Carolina coast in May 2023, Rom hired a contractor to address the damage to his yard, including repairs to his seawall to prevent future erosion. The repair work all took place on Rom’s private property, inland of the required setback line—a boundary marking the end of the public beach and the limits of the area subject to oversight by the South Carolina Department of Environmental Services (DES).

However, shortly after Rom began repairs, the DES demanded he stop all work and asserted that its authority extended above the setback line and that it could regulate and control the entire beach—including the homes and backyards of Rom and his neighbors. Based on this claim, the agency asserted that Rom needed its permission to continue repairs.

A government agency cannot claim authority to act beyond the scope of the power it was given by the legislature. The DES has authority to regulate only the beach below the setback line—not residents’ private property, inland of that line. Furthermore, homeowners have a right to take lawful steps to protect their property from destructive natural forces.

Rom knew the DES didn’t have the authority it claimed and, more urgently, that another storm could devastate the area without warning. He chose to finish the repairs. Now, the local government is demanding that Rom tear out the repair work and re-expose his home to damage.

Represented by Pacific Legal Foundation, Rom filed an appeal with the South Carolina Court of Appeals to challenge the agency’s attempted power grab. He argues that the DES cannot claim power to act outside the scope of its jurisdiction and asks the court to overturn the agency’s demand that he destroy his seawall.