South Carolina Coastal Conservation League v. SCDHEC

Syllabus

This appeal concerns the ALC's decision to uphold DHEC's issuance of four permits and a certification necessary to construct a 2,380-foot steel sheet pile wall designed to combat the erosive forces of the Kiawah River along Captain Sam's Spit. While the Coastal Conservation League (League) raises numerous issues on appeal, we hold the ALC erred in three respects: in accepting DHEC's narrow, formulaic interpretation of whether a permit that indisputably impacts a critical area warrants the more stringent review normally accorded to such structures in relying on the protection of Beachwalker Park to justify the entire wall and, in determining the public will benefit from the wall based on purely economic reasons. Accordingly, we reverse.