Coastal Management

Bay Light Bridge

The ACE Basin – one of the largest intact estuarine ecosystems on the Atlantic Coast – is the setting for this challenge to a private vehicular bridge permit. When DES denied the permit, concluding the bridge would harm this protected coastal landscape, the developer appealed. SCELP intervened on behalf of the Coastal Conservation League to defend that decision.
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Case Name: Bay Light, LLC v. DES, with SCELP intervening on behalf of Coastal Conservation League
Location:
ACE Basin, western Charleston County near Meggett
Venue:
South Carolina Administrative Law Court
Issue:
Appeal of DES's denial of a permit for a private vehicular bridge serving a proposed development within the ACE Basin

Case Overview

This case concerns a proposed private vehicular bridge to a marsh island in the ACE Basin. The South Carolina Department of Environmental Services (DES) denied the permit, concluding that the bridge would conflict with protections for this highly sensitive estuarine system.

The applicant, who intends to develop the island that the bridge would serve, appealed that denial to the Administrative Law Court (ALC). SCELP then intervened on behalf of the Coastal Conservation League (CCL) to help defend DES's decision and protect the public interests tied to the ACE Basin.

A long-awaited evidentiary hearing took place in December 2025. Over two days of testimony, the Court examined the environmental risks, regulatory standards and public resource impacts associated with constructing a private bridge in a protected coastal landscape. SCELP attorneys Leslie Lenhardt and Jessie White represented the League, and witnesses Charles Lane and Mary Adkins testified regarding the purpose and history of the ACE Basin as well as environmental and resource impacts. The parties are currently reviewing transcripts and will submit proposed orders to the Court.

Why This Matters

The ACE Basin – named for the Ashepoo, Combahee and Edisto Rivers – encompasses approximately 1.6 million acres of largely undeveloped wetlands, tidal marshes, forests and barrier islands. It is one of the largest intact estuarine ecosystems on the Atlantic Coast.

These lands and waters:

  • Provide critical habitat for migratory birds and other wildlife
  • Support water quality and natural flood protection
  • Preserve air quality and climate resilience
  • Offer immeasurable public ecological and recreational benefits

Because of these special resource values, permits for new vehicular bridges to coastal islands in the ACE Basin Task Force boundary are subject to strict environmental review. They must demonstrate that they will serve an overriding public interest and not harm wetlands, water quality, habitat or other protected public resources.

This case tests whether those protective standards will be upheld when private development pressure conflicts with long-standing coastal and estuarine safeguards.

Procedural History & Timeline

September 7, 2023 – Permit Denied by DES
DES denies the permit for a private vehicular bridge.

September 20, 2023 – Appeal Filed
The applicant initiates an administrative appeal.

January 3, 2024 – SCELP Intervenes
SCELP intervenes on behalf of the CCL to defend the agency's denial and protect member interests.

November 11, 2024 – Summary Judgment Motion Denied
The applicant files a motion for summary judgment. Judge Anderson denies the motion, allowing the case to proceed toward a full hearing.

December 9 & 10, 2025 – Hearing Held
The ALC conducts an evidentiary hearing. SCELP presents expert witness testimony on environmental and resource impacts. The parties now await transcripts and will submit proposed orders within the Court's briefing window.

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