Case Name: Coastal Conservation League v. Jasper County, Jasper County Council and Hiers Pine Level, LLC
Location: Grays, Jasper County
Venue: South Carolina Circuit Court
Issue: Challenge to Jasper County Council's rezoning of approximately 265 acres from "Rural Preservation" to "Resource Extraction" to permit industrial mining, in violation of the County's Comprehensive Plan and state law.

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Case Overview

In February 2026, the Jasper County Council adopted two ordinances rezoning approximately 265 acres – including 60 acres of wetlands – near Grays from "Rural Preservation" to "Resource Extraction", clearing the way for industrial mining in an area designated for rural conservation.
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The Council moved forward despite the Jasper County Planning Commission's recommendation of denial, finding the proposed rezoning incompatible with the Comprehensive Plan's future land use map, which did not designate this area for mining or industrial activity. What the Council approved is what South Carolina law calls spot zoning – carving out a smaller area for a use inconsistent with the surrounding zoning and the broader land use plan. South Carolina courts have long held spot zoning invalid when it serves private gain rather than the common welfare.
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SCELP filed suit in Jasper County Circuit Court on behalf of the Coastal Conservation League, challenging the rezoning as unlawful. Our complaint alleges that the County and County Council failed to comply with the Comprehensive Plan's requirements, statutory requirements and the South Carolina Local Government Development Agreement Act.

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Why This Matters

Comprehensive plans exist for a reason. They represent a community's vision for its own future – where growth belongs, where it doesn't and what residents can reasonably expect from the landscape around them. When a county council overrides that plan to accommodate a single private development, it calls into question the worth of any zoning designation. As the New York Times recently reported, Jasper County is the fastest-growing county in the United States – making decisions like this one harder to reverse and more consequential than ever.

The concerns raised by residents near the proposed mine are concrete and serious:

• Industrial mining operations generate heavy truck traffic, noise pollution, dust and sediment that affect air quality and the quality of life for surrounding homes and communities.
• Site runoff poses risks to water quality and local water supplies.
• The property contains approximately 60 acres of wetlands. Following the Supreme Court's 2023 Sackett v. EPA decision, Jasper County now ranks first in the state for wetlands vulnerability, with an estimated 35,000 to 113,000 acres at risk of destruction under various scenarios.
• The developer owns an additional 400 acres directly across the street from the proposed mine site, raising serious questions about whether this rezoning is the first step in a much larger pattern of industrial land use in an area residents understood to be protected.

This case is also a test of whether South Carolina's comprehensive planning system has real teeth. Residents invest in communities based on what zoning promises – what their neighbors can build, which industries can move in and what the landscape around them will look like. When those promises are broken for private benefit, the integrity of the entire system is at stake.

"Balancing growth with conservation isn't just an environmental issue," said SCELP Senior Attorney Jessie White. "It's about safeguarding the future of communities and respecting the special character of a place that draws so many people here."

SCELP's role is to ensure that Jasper County's zoning decisions comply with the law and reflect the community's will – not the interests of a single developer.

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Procedural History & Timeline

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2018 – Jasper County Comprehensive Plan Adopted
The County adopts its Comprehensive Plan, designating the area for "Rural Conservation". The future land-use map does not identify this area for mining or industrial use.

February 17, 2026 – County Council Adopts Rezoning Ordinances
Despite the Jasper County Planning Commission's recommendation of denial, citing incompatibility with the Comprehensive Plan, the County Council adopts two ordinances rezoning approximately 265 acres from "Rural Preservation" to "Resource Extraction".

March 2026 – SCELP Files Suit
SCELP, on behalf of the Coastal Conservation League, files a complaint in Jasper County Circuit Court challenging the rezoning as a violation of the Comprehensive Plan, state statutory requirements and the South Carolina Local Government Development Agreement Act. Residents living near the proposed site submit affidavits documenting community concerns.

Present – Discovery Phase
The case is currently in the discovery phase.

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