10/12/2026
During the gubernatorial race, I took a lot of flak for protecting my private property based on a simple constitutional principle—if land is deeded to you and you pay taxes on it, government cannot step onto your land and claim they have authority over it without buying it. A large American flag flies proudly on my property in honor of that principle.
Now, the bureaucrats at the Department of Environmental Services (DES) are coming for you dock owners. I do not own a dock and have no skin in this game, but I recognize the playbook. Unelected bureaucrats are coming for your rights as dock owners with the same talking points. For all of you dock owners, read this post and act.
This is the DES playbook used on beaches. They plan to rinse and repeat with dock owners. It starts with the bureaucrats at DES (who run their own evil empire with zero oversight) quoting the same noble objective that goes something like this:
DES claims they have been "tasked to promote the economic and social welfare of the citizens while protecting the fragile areas of the coast" (this is similar language used by their masters—the far-left, radical Coastal Conservation League, a 501(c)(3) taxpayer-subsidized organization). All this means is that, in the name of the environment, private property rights will be shredded by a bunch of bureaucrats we never elected.
DES says they are not changing the law (which they are not authorized to do) but merely "clarifying" existing law, so it makes life easier for them and the citizens they enforce these laws on. These "clarifications" are done in the form of regulations (the state has almost 90k of them), which have the force of law. As they did on beach regulations and as they are proposing to do with docks, these are not "clarifications" but wholesale changes that give them more power and take away the rights of private citizens.
How did they come up with these "clarifications"? The same way as beaches—a "blue-ribbon workgroup" that is a cover for their pals at the Coastal Conservation League and a bunch of other left-leaning environmentalists.
For all you dock owners, pay close attention to the changes in regulations they are proposing, especially for R. 30-1.D(50) and R. 30-12 A(2). They claim these changes are to "streamline standards applicable for construction of private and joint-use docks" throughout the state. They plan an "information session" on October 13th in N. Charleston and a formal hearing at the Administrative Law Court in Columbia on October 27th. They will then submit it to the House and Senate Committees with the lie that these changes merely clarify existing law, and these committees will rubber-stamp these changes that become the new law. Get involved now and lawyer up ASAP. Maybe too late, but that is what they count on. Being a surprise to you is part of the plan.
The preamble to the changes that are repeated about a dozen times in the amendments says "the SC coast has experienced a significant population growth including a proliferation of private docks leading to navigation, access and natural resource impacts." The bureaucrats at DES are therefore going to fix this not by changing the law and going through a formal process like they should but by "clarifying existing regulation." You decide whether a handful of items I have listed below (not the full list, by the way) qualifies as a clarification.
The new regulations change allowable dock square footage and the width of the creeks. The calculation of width appears to be at staff discretion. Some changes are blatant—for example, docks will not be permitted in creeks less than 21 feet wide, up from 10 feet wide. This is no clarification but a change in the law.
Joint-use docks changed from 2 times square footage to 1.5 times square footage.
Removed language in some cases that "boat storage structures will not count against total dock square footage." So, presumably, they will now count toward the square footage limitation. Boat lifts and drive-ons also appear to count toward allowable square footage.
Changed requirements for roofs on docks and now appear to be largely at the discretion of DES staff.
Department staff now has discretion to determine allowable channelward dock extensions with vague new requirements (that will always be interpreted against you, judging by their approach on beaches).
Maintenance and repair definitions appear to be at the discretion of staff—words like "major engine repair" is prohibited. Presumably, a desk-bound bureaucrat will determine major vs. not so major. Requirements on whether normal maintenance to piers and walkways will be allowed are vague.
It is not clear to me how grandfathering works after a storm or after a sale. If not questioned, it will be left to the discretion of staff or will require compliance with the new regulations.
There are numerous other restrictive changes couched as clarifications to fool these committees that approve them. Not that it takes much to fool them.
When I ran for Governor, I ran on the principle that our rights come from God. Government's job is to protect or secure these rights. So, even though I don't own a dock, I can see how wrong this is and how the role of Government in our lives needs to be reset, or we will lose the dream our Founders had of a self-governing citizen.
For all of you who may have an interest in this, please read up on yet another power grab in what is supposedly a red state and fight this before you give these folks more firepower to victimize you. As Einstein said, "The strength of our Constitution depends entirely on the determination of every citizen to defend it." God bless this great Republic.