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Beachfront homeowners whose property was part of a landmark case ask lawmakers for help as the ocean threatens to swallow their home. But they face a decades old act designed to protect public beaches.

When the Bernstein family bought their lofted, beachfront home on Wild Dunes 15 years ago, they never imagined the ocean would one day roar beneath it. But that’s what happened last fall during a nor’easter and three king tides.

“It just pounds against the house,” said Jimmy Bernstein. “Just pounding constant.”

Bernstein said powerful waves pulled their propane tank into the ocean. And, he’s repeatedly had to replace the crumbling concrete in his garage. He said mentally, it’s been exhausting.

“You just sit here, you're helpless, it's hopeless. All you could do is sit and watch in disbelief."

Erosion threatens homes

Bernstein said there was plenty of beach, even greenery, when they moved here from Ohio. But that rapidly changed after a nor’easter in December of 2023.

“It just seems like we’re a bull’s eye, this street Beachwood East,” said Barbara Berstein. “Even our children are like mom, dad, you need to sell the house.”

Around the corner, Diana Westmoreland has lived on the island for 50 years. Westmoreland remembers how the Berstein’s property on Beachwood East used to look.

“There was no land out here and then they just kept filling and building,” she said.

She warned the Bernsteins after they moved into the gated community on the Isle of Palms in 2011.

Jimmy Bernstein recalled her words. “You might not want to hear this, but your house should never have been built.”

But the house was built, following a landmark case, David Lucas versus the South Carolina Coastal Council.

Landmark case

Lucas bought the lot in 1986 and wanted to build. Only two years later, the state passed the Beachfront Management Act which prohibited new construction in erosion prone areas.

Lucas argued the act rendered his property useless and was a “taking” under the constitution. The U.S. Supreme Court agreed.

The act also prohibits the Bernsteins from putting out rocks to protect their home, even temporarily, until the beach can be renourished. Still, they’re trying to get a permit.

“They just need to update their regulations and allow homeowners to enjoy their property and feel secure,” said Jimmy Bernstein.

But Amy Armstrong, the executive director of the South Carolina Environmental Law Project, says the beach is public property.

“Are we going to sacrifice public property or a private individual’s interest?”

Private interests vs public property

Armstrong says the Beachfront Management Act was intended to preserve the beach.

“Because if those houses weren’t there, the beach would just move naturally,” she says.

Armstrong has been working a case involving homeowner Rom Reddy who illegally put up a seawall in 2023. He was ordered to take it down in late December.

Armstrong says, while the wall protects Reddy’s property, it pushes water onto neighboring properties, intensifying erosion elsewhere. She says it also blocks the beach.

“And that creates a public hazard and it’s a taking of public trust land,” said Dr. Robert Young, the Director for the Program for the study of Developed Shorelines with Duke and Western Carolina Universities.

What can be done?

Young has been studying the impact of erosion for more than 35 years. He advises coastal communities on best practices for preserving beaches that attract tourists and drive local economies.

Young says beach renourishment projects are not a long-term solution. He tracks such projects along the coast.

“The question at the end of the day is, is this sustainable? You know, do we have enough sand to hold all these shorelines in place.”

He adds beach renourishment is expensive, and federal and state funding may not always be available.

“I think more and more localities and the oceanfront property owners who are benefiting from beach renourishment are going to have to step up to fund a greater share of their protection,” says Young.

He also advises coastal communities to take a step back from beaches known to erode.

“But there are very few localities that have the will to prevent development,” says Young.

Republican State Sen. Stephen Goldfinch says it’s too late.

“Cat’s out of the bag. I mean, it’s a nice thought,” he says.

Too late?

Sen. Goldfinch represents coastal communities in Georgetown and Horry Counties. He says the dream of owning beachfront property is what brings people here. The senator supports the rights of property owners.

“This is America, by the way, and people should be able to make decisions that come with consequences,” he says.

Sen. Goldfinch points out beaches also accrete, that is gain sand, and homeowners could enjoy ocean views for a long time. But he acknowledges beaches do erode. That's the risk of having mother nature as a neighbor.

The Bernsteins say, coming from Ohio, they had no idea how quickly beaches can erode. Rising sea levels and increased storms have only exacerbated the problem. They want lawmakers to help.

“This has been a beautiful place to live,” said Jimmy Bernstein. “It’s just hard to abandon.”

The Bernsteins say they've loved their ocean view. Only now, it’s dangerously close.