Hill v. South Carolina Department of Health & Environmental Control

C. Wayne Hill (“Hill”) was issued a notice of violation by the South Carolina Department of Health and Environmental Control, Bureau of Ocean and Coastal Resource Management (“DHEC”) for constructing a bulkhead that was not in compliance with a Critical Area Permit issued by the agency. DHEC and an intervenor, the South Carolina Coastal Conservation League (“League”), now appeal from a circuit court order that reversed an administrative law judge’s (“ALJ”) determination that Hill had violated the terms of the permit. We reverse.

I. FACTS

Hill owns Lot 1, Block S2, on 55th Avenue in the Heritage…