Status: DHEC denied permit. Applicant appealed the denial and won his appeal in Administrative Law Court (ALC). DHEC and CCL appealed the decision to the SC Supreme Court, who upheld the permit approval. We have requested the Supreme Court rehear the case based on our view that they used a basis for defining an “island” which is inconsistent with standards in DHEC/OCRM regulations for access to small islands. The court refused our request to rehear the case.

What is the issue?

In 2008 the Office of Ocean and Coastal Resource Management (OCRM) denied a permit to build a bridge to a small (0.27 acre) island in Fripp Island. The applicant appealed this denial to the Adminstrative Law Court (ALC) and the League intervened through the SC Environmental Law Project. The ALC granted the appeal, allowing the bridge, a decision which was upheld by the S. C. Supreme Court. In 2006 regulations governing bridges to small undeveloped islands were revised and clarified in order to protect the ecological integrity of marsh islands. In this case the applicant, and the courts agreed that the property was exempt from the regulations because it was not an “island”. Although the regulations provide definition of what is an island, the applicant was successful in providing an alternative definition. This case was a test of how well the revised regulations can perform in protecting undeveloped small marsh islands.

How would it affect South Carolina?

Undeveloped marsh islands represent unique ecosystems with diverse flora and fauna and should be protected from development as called for under state regulations.

What can you do about it?

Join in protecting these undisturbed marine habitats by supporting the legal expenses for pursuing our law suit and upholding OCRM regulations for preserving the remaining thousands of undeveloped marsh islands in the state’s coastal areas.

Related Articles