Court sides with island developers

KIAWAH ISLAND -- Developers here won a major court victory this week in their push to build homes on a spit next to Charleston County's Beachwalker Park when a judge granted a permit to build a half-mile erosion-prevention wall along the Kiawah River.

In his order, the judge cited the developers' record of environmentally sensitive building and said the concrete barrier wouldn't affect wildlife or the public's use of the riverbank.

The ruling reversed an earlier decision by the state Department of Health and Environmental Control.

Conservation groups vowed to appeal. "The people will win this in the end," said Sidi Limehouse, a Johns Island farmer and head of Friends of Kiawah River.

The judge's decision marks the latest chapter in the high-stakes battle over what's known as Capt. Sam's Spit, a windswept area of dunes at the island's southern tip.

Last year, DHEC said that Kiawah Development Partners could build a 270-foot wall along the county's park, but determined that a proposed 2,783-foot bulkhead would prevent "shoreline movement in an area that historically has seen inlet formation," and that it would "facilitate development in a pristine dune area."

Kiawah Development Partners then appealed DHEC's decision to the South Carolina Administrative Law Court, which handles appeals of state government permit decisions.

On Monday, Chief Administrative Law Judge Ralph Anderson ruled in favor of the development company, writing in a 31-page order that the project will "clearly reduce and likely stop erosion."

He added that the benefit of the wall "through stabilization of the riverbank is considerable when compared with the benefit of leaving the riverbank in its unaltered state and allowing the erosion to continue unabated into the forested highland and dune areas along the river. This erosion has no positive benefit for anyone and clearly is a detriment to the landowner."

The judge took pains to compliment the developers' consultants for their analyses, saying they were more persuasive than those hired by conservation groups.

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He also took issue with critics who said the barrier would harm piping plovers, which are considered "threatened" under federal law. He said the birds have not been seen where the wall would be built, and that they have a wide migratory range.

He also said the wall would not harm diamondback terrapins and other wildlife and "most probably" will encourage the growth of oysters.

In a statement, Buddy Darby, Kiawah Development Partners chairman and chief executive officer, said the judge's decision "is further validation that sensitive, low-density development can be done and will be done responsibly at Kiawah Island as well as on other sea island communities"

Darby said that sand has been building up at the southern end of the island for more than 60 years, sometimes at a rate of 15-feet per year. He said the design of the revetment will allow marsh grass to grow between holes in the concrete.

The developers have said they hope to build up to 50 homes on the spit, which covers about 150 acres.

Conservation groups vowed to continue their fight with an appeal to the state Court of Appeals. "We have very strong grounds for appeal," said Nancy Vinson, program director for the Coastal Conservation League. "Who wants to pull up a kayak and picnic on concrete blocks?"

Reach Tony Bartelme at 937-5554 or tbartelme@postandcourier.com.