South Carolina’s Court of Appeals affirmed the permit issued by DHEC to DeBordieu Colony Community Association for the construction of anti-erosion groins on DeBordieu Beach*.

In this appeal from the Administrative Law Court, South Carolina Coastal Conservation League contended that the ALC erred in finding the groins would be placed in a high erosion area, that the erosion threatened existing structures, and that the groins would not detrimentally impact the downdrift of sand to other beaches.

The Court defined a groin in footnote 2, referring to DHEC Regulations, as “a structure designed to stabilize a beach by trapping littoral drift. Groins are usually perpendicular to the short and extend from the shoreline into the water far enough to accomplish their purpose.”

The application for the permit was around 2,600 pages, and testimony was solicited by all sides from numerous experts. The Court acknowledged that while differing sides can reasonably debate methods to prevent erosion, our statutes allow the construction of new groins under specified conditions. The Court found that the ALC’s decision, based on probative, substantial, and reliable evidence in the record, is not clearly erroneous nor is it arbitrary or capricious.

An appeal to South Carolina’s Supreme Court is certainly expected in this case.

*South Carolina Coastal Conservation League v. South Carolina Department of Health and Environmental Control, South Carolina Court of Appeals Opinion No. 6058 (May 1, 2024)