Kiawah Development Partners, Ii v. South Carolina Department of Health and Environmental Control, and South Carolina…

Summary

The South Carolina Supreme Court affirmed the Administrative Law Court’s order in part, upholding the 270‑foot bulkhead and revetment at Beachwalker Park as supported by substantial evidence, and vacated the authorization of a 2,513‑foot vertical bulkhead without a revetment because it lacked substantial evidence. The decision rests on the APA substantial‑evidence standard and the public‑benefit requirement of the critical‑area statutes.