Estate Planning Folly Beach, SC

Protect Your Family's Future with Expert Estate Planning

 Abbeville Lawyer Folly Beach, SC

Estate Planning Attorney in Folly Beach, SC

Do you have a last will and testament set up? Though most people know they need their affairs in order, most procrastinate about estate planning. We get it - thinking about your death and what happens to your assets when you pass is uncomfortable. The truth is, though, that working with an estate planning attorney in Folly Beach, SC, doesn't just protect your assets.

Having a will in place protects you and your loved ones, too, both while you're living and after you're gone. And while there's no perfect time to plan your estate, doing so sooner than later will provide security and peace of mind down the line.

At Lauren Taylor Law, we know that one-size-fits-all plans aren't suitable for your needs. That's why our team of estate planning attorneys sits down to speak with you one-on-one so that we can help create an estate plan tailored to your wishes. That way, your family and loved ones are protected when it's time for you to go.

When it's all said and done, our goal is to provide all of our estate planning clients with more information and options so that they feel less stressed about the process. After all, peace of mind is priceless these days. Why spend time worrying about the future of your family when you can do your part to provide for them now?

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If you're feeling over-stressed and uninformed about estate planning, don't worry. You're not alone! Most of our estate planning clients are filled with doubt and worry when they walk into our office. They're concerned about their kids, their spouses, their loved ones, or all of the above. They have serious questions that need truthful answers, such as:

  • How much will estate planning cost me?
  • What will the results of this process be?
  • How long will it take me to plan my estate and put a will in place?

If you find yourself asking these or other pertinent questions, our experienced team is here to help answer them. We've worked with hundreds of individuals and families trying to plan their estates, many of whom are forced to act quickly. In such situations, it's crucial to work with an estate planning firm with your best interests at heart.

The Lauren Taylor Law Estate Planning Difference

Estate planning in South Carolina is like second nature for our team of seasoned attorneys. We've done it all, from setting up healthcare power of attorneys and will packages to full estate planning that involves millions of dollars in assets. When you choose Lauren Taylor Law as your estate planning team, you can rest easy knowing you'll work directly with an experienced lawyer.

Because when it involves your estate and your family's future, passing your case off to a junior associate or paralegal isn't an option. Instead, you'll be working with a dedicated attorney with the time, resources, and knowledge to exceed your needs. At the end of the day, we're passionate about the outcome of our client's estate planning cases because the future of their family is at stake.

To get a better sense of your estate plans and needs, your attorney will consult with you, so that they can answer your questions and educate you on the nuances of estate law in South Carolina. That way, you can leave our office feeling a little wiser and a lot more informed about what options lie ahead.

At Lauren Taylor Law, our practice is dedicated to providing comprehensive legal services in South Carolina Estate Law, encompassing the following areas:

  • Will Packages
  • Last Wills and Testaments
  • Living Wills
  • Power of Attorney
  • Asset Protection
  • Much More

The Importance of Estate Planning in South Carolina

When you hear the word "estate," what comes to mind? Many people think of a sprawling, multi-story mansion on the water. However, you don't have to be uber-wealthy to have an estate. Chances are you already have one. An estate is comprised of all the assets a person owns, such as:

  • Automobiles
  • Real Estate
  • Bank Accounts
  • Valuable Possessions
  • Businesses
  • More

And that, in a nutshell, is what estate planning is all about - working with an estate planning attorney in Folly Beach, SC, to create a framework that recognizes the people or organizations who should benefit from your assets. Though it may require some work and introspection up front, planning your estate now will make life easier for you and your loved ones down the line.

 Wills And Trusts Folly Beach, SC

However, great estate plans usually cover more than fiscal assets. Your estate plan should also include:

  • Specific instructions that identify beneficiary designations
  • Who will be the guardian of any minor children you may have
  • Instructions as to what happens if you're incapacitated prior to death
  • The type of long-term care insurance you have
  • Strategies to help your family avoid or minimize Probate fees and taxes
  • Instructions regarding the transfer of your business after death, disability, or retirement
  • Help for family members who struggle with money management
  • Medicaid payment planning
  • Instructions on how to help family members with special needs

Contrary to what others may tell you, estate planning isn't just reserved for older people approaching retirement. Estate planning is a savvy and responsible way to plan ahead because we never know when it could be our time to go.

Our Estate Planning

At Lauren Taylor Law, our estate attorneys craft personalized wills while providing guidance on many estate planning topics. Some of the most common estate planning services we offer include:

Last Will and Testament

Last Will and Testament

Wills are a crucial legal document and the primary building block of professional estate planning. They are legal declarations that you use to name one or more people to administer your estate. Wills also dictate provisions for how your wealth is distributed after death. Hiring an estate planning attorney in Folly Beach, SC, ensures you get the outcomes both you and your loved ones prefer.

Power of Attorney

Power of Attorney

Sometimes, you need authorized representation to help with your affairs. Having a power of attorney lets you choose a person to act on your behalf or represent you in private or legal matters. It should be noted that while you have access to standard power of attorneys, they can only fulfill basic planning needs. Our team can help you draft a more comprehensive document addressing all your administrative needs.

Living Wills

Living Wills

Also referred to as an advanced directive, your living will states your medical end-of-life wishes if you cannot communicate. This sensitive document guides your family members and doctors through difficult situations, like whether you should be resuscitated after a car crash.

In addition to the estate planning services above, we also specialize in:

  • Healthcare Power of Attorneys
  • Power Over Wills
  • Durable Power of Attorneys
  • Deed Preparation
  • Full Estate Planning Packages
 Legal Estate Folly Beach, SC

Estate Planning Tips in South Carolina

Estate planning can be a complex process, but drafting a well-rounded plan now will make a big difference to your beneficiaries in the future. To give you a better understanding of estate law in South Carolina, keep these basic concepts and strategies in mind.

Maximizing

Maximizing Your Estate

If there were one strategy that every estate attorney agrees about, it would be maximizing what you plan to leave behind. Taking time to think through what you'll be leaving and to whom you'll be leaving it to is crucial in estate planning. It's important to note, however, that your plans may change depending on what type of asset you're leaving behind, its worth, your age, and many other factors. With an estate planning lawyer in Folly Beach, SC, by your side, you'll learn about the pros and cons of your choices while minimizing court fees and taxes.

Your Will

Selecting the Executor of Your Will in South Carolina

The person you choose as the executor of your will plays a big part in your affairs. Your executor is responsible for finalizing estate settlements while upholding the terms of your will. Such a demanding role requires a unique person, and choosing that person is a decision you should take seriously. Your executor should be adept at managing money and should be patient in stressful times because they're responsible for the following:

  • Paying Outstanding Debts and Bills
  • Collecting Assets
  • Distributing Assets
  • Completing and Submitting Tax Returns
  • Petitioning the Court if Necessary

To ensure your executor upholds your instructions and wishes, ask that they use an estate planning attorney in Folly Beach, SC, for help. Having a trustworthy, experienced lawyer on your side will help ensure your estate is distributed accurately and according to South Carolina law.

Is a Will Really Necessary in South Carolina?

As one of the most trusted estate planning law offices in South Carolina, we encounter clients all the time who question whether having a will is really necessary. They think that because their will is small or modest, having one is a waste of money. In reality, nothing could be further from the truth.

Why? Think about what would happen if you didn't have a will. When you pass away without a will, you're dying "intestate." In this scenario, intestate succession laws in South Carolina determine where your assets go. You do not get to choose.

If you have a cherished family heirloom that you want to pass to your niece or a valuable car you want your brother to have, you may be out of luck without a will in place. Intestate succession laws in South Carolina dictate who gets what in your family. If you don't want the State to decide who will inherit your assets, forming a will with the help of an estate planning lawyer in Folly Beach, SC, is necessary.

Another reason to have a will is to help care for and protect your family if you pass away suddenly. This is true even if you consider yourself to be "too young" to have a will. If you're the parent of a minor and you die intestate, they will inherit your estate according to South Carolina law. However, this often means your child owns an interest in your home. That opens them up to intrusion from probate court. It also means a Guardian Ad Litem will be involved in your affairs to question the choices of your surviving family members, whether you like it or not.

By having a last will and testament in place, you have the chance to nominate a guardian for your child in the event that you pass.

 Asset Protection Folly Beach, SC

RiskThe Risks of Using "DIY" Wills

You've probably seen ads for easy or "fill-in-the-blank" legal forms across the internet, promising low costs and easy will creation. Unfortunately, using these boilerplate forms is highly risky and may end up hurting your loved ones more than helping them. That's because when an estate planning attorney in Folly Beach, SC, is not present to prepare your will, you may receive a document that is inadequate, ambiguous, or even invalid by law.

At Lauren Taylor Law, we have found many issues with "DIY" wills, including the following:

Conflicting Verbiage

Conflicting Verbiage: When using a "DIY" will, you've got to make choices on the form that often conflict, which can lead to ambiguity in your will.

Ambiguous Language

Ambiguous Language: The language found within "fill-in-the-blank" wills typically includes less-than-clear verbiage. When a judge is unable to decipher the instructions in your will, it can lead to long, costly probate problems.

Outdated Info

Outdated Info: South Carolina laws change often. Changes in the law can have a dramatic effect on the terms of your will, especially because online forms are often outdated from the very beginning.

Not Specific

Not Specific to South Carolina: As is the case with any state, local laws must be taken into account when creating your will, because state law governs several facets of estate planning. Many "DIY" wills are thrown out in probate court because they are generic and not specific to South Carolina estate laws.

Insufficient Instructions

Insufficient Instructions: Many people using boilerplate legal documents are uninformed about estate and probate laws. When it comes to preparing legal documents like wills, there is no substitute for the guidance you receive from a lawyer. Only a certified lawyer has the knowledge and experience to provide you with reliable advice and instructions. The instructions included with "DIY" wills lack true advice from a lawyer, rendering them nearly useless.

 Inheritance Planning Folly Beach, SC

What Clients Say About Us

Rely on Lauren Taylor Law to Protect Your Family and Estate

In life, there are no guarantees as to how long we'll be around to enjoy time with our families. That's why planning your estate is so important: to provide for those who mean the most to you. As your estate planning attorneys, our job is to ensure your family and assets are protected under South Carolina law. We take that job very seriously.

If you're looking for experienced, professional help drafting your last will and testament - one that truly reflects your wishes - look no further than Lauren Taylor Law. Our team is dedicated to the best interests of you and your family and is committed to providing sound legal advice, no matter the value of your estate.

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Latest News in Folly Beach, SC

D.J. Rich wins Folly Beach city council seat in special election

FOLLY BEACH — This island community elected a new face to city council on Feb. 17 — one that looks familiar.Folly Beach chose D.J. Rich to serve on city council, unofficial election night results show. Rich has previously served on council for a combined 14 years.Rich secured 58 percent of votes cast on Feb. 17. John McFarland trailed behind, earning 41.6 percent of votes cast, unofficial results show.Rich’s victory marked the end of a long-lasting election cycle for Folly Beach, where Charleston County...

FOLLY BEACH — This island community elected a new face to city council on Feb. 17 — one that looks familiar.

Folly Beach chose D.J. Rich to serve on city council, unofficial election night results show. Rich has previously served on council for a combined 14 years.

Rich secured 58 percent of votes cast on Feb. 17. John McFarland trailed behind, earning 41.6 percent of votes cast, unofficial results show.

Rich’s victory marked the end of a long-lasting election cycle for Folly Beach, where Charleston County’s Board of Voter Registrations and Elections has hosted three elections on the island since last November.

Chris Bizzell was elected as mayor in a runoff election in November which left a vacant spot on council, triggering a special election to fill the seat.

In the days leading up to the election, Rich encouraged Folly Beach voters to turn out to the polls on Tuesday. In a message shared to Facebook on Feb. 16, he wrote that he ran for city council once more to “help our new administration move Folly forward responsibly.”

“I’m not a one trick pony,” Rich wrote. “I have full experience after 14 years on council and 4 as mayor pro-tem helping navigate us through a full range of issues.”

Rich ran unsuccessfully for mayor of Folly Beach last fall. He earned the third-most votes on Nov. 4, trailing behind candidates Elton Culpepper and Bizzell, failing to make the runoff. Bizzell was sworn in as mayor on Nov. 21, 2025.

But this time, Rich found success.

McFarland, a long-time property owner on the island, moved to Folly Beach full-time in 2025. Shortly after, he filed to run for city council, but fell short of winning a seat. The founder of Save Folly’s Future could often be found stumping outside the community’s sole post office on East Indian Avenue.

This Charming South Carolina Town Is a Less-Visited Lowcountry Escape—With Quaint Inns, Scenic Views, and Literary Ties

Charleston may get most of the attention when it comes to South Carolina’s many cities, but the history, culture, and (of course) Southern charm that make it so special can also be found in smaller and less expensive places in the region. If you’ve ever watched “Forrest Gump” or read anything by the late author Pat Conroy, you may be familiar with Beaufort, a harbor town on Port Royal Island. While its narrow streets, oak trees, and historic district that pre-dates the Civil War are similar to those in Charleston, Bea...

Charleston may get most of the attention when it comes to South Carolina’s many cities, but the history, culture, and (of course) Southern charm that make it so special can also be found in smaller and less expensive places in the region. If you’ve ever watched “Forrest Gump” or read anything by the late author Pat Conroy, you may be familiar with Beaufort, a harbor town on Port Royal Island. While its narrow streets, oak trees, and historic district that pre-dates the Civil War are similar to those in Charleston, Beaufort is remarkable and magical in its own right. Plus, it doesn’t draw the same crowds that tend to flock to notable Holy City hangouts like King Street, Folly Beach, and the Battery.

Before you read any further, though, you need to know how to properly pronounce the name. Not to be confused with Beaufort, North Carolina (said like “bow-fert”), the coastal town has a pronunciation more akin to “bew-fert.” Mistaking the two will immediately identify you as a tourist—and it won’t sit too well with the locals. Once you have that squared away, you can start planning your trip to Beaufort, the second-oldest city in South Carolina.

Best Things to Do

In 1969, Beaufort became one of the few U.S. cities with an entire downtown designated as a historic district by the National Trust for Historic Preservation, so exploring the neighborhoods filled with Victorian, Greek Revival, Neoclassical, and Federal-style homes is at the top of most travelers’ lists. At Henry C. Chambers Waterfront Park, you’ll spot Woods Memorial Bridge, recognizable from the aforementioned Tom Hanks blockbuster. Stretching your legs is also encouraged along the Spanish Moss Trail, a 10.2-mile greenway that weaves by Beaufort’s marshes and through trees draped in Spanish moss. Given its waterfront location, Beaufort should also be experienced by boat; book a Dolphin & History Boat Cruise with Coastal Expeditions or an ecology tour with Beaufort Kayak Tours. Paddleboarding is another option, with rental equipment available through Higher Ground Outfitters.

Beaufort’s ties to the literary world are strong; visiting the Pat Conroy Literary Center (this was Conroy’s adopted hometown) or one of the three independent bookstores in town—NeverMore Books, McIntosh Book Shoppe, or Beaufort Books—is a must for book lovers. For those interested in local art, there's the Rhett Gallery, Thibault Gallery, or Atelier Off Bay.

Many of the best things to do in Beaufort are found outside downtown. About 17 miles east is Hunting Island State Park, with its pristine beaches, marshes, maritime forest, and saltwater lagoon. It's also home to the Hunting Island Lighthouse, which was destroyed during the Civil War and rebuilt in 1875. St. Helena Island (a 15-minute drive away) is home to the Penn Center—one of the United States’ first schools for formerly enslaved individuals—as well as the family-owned Dempsey Farms, where you can pick in-season fruits and vegetables. Local produce can also be acquired on Saturdays at the nearby Port Royal Farmers Market.

Best Hotels

Enhance your visit to Beaufort with a stay in one of the town’s upscale inns. Slow Southern mornings paired with a home-cooked breakfast can be enjoyed on the expansive wooden porch at The Rhett House Inn. Guests can also book the more modern Rhett House Inn Cottages, which sit across the street from the main building. Once a Union Army hospital, Anchorage 1770 overlooks the Beaufort River and offers a fine dining experience at The Ribaut Social Club. The Beaufort Inn first opened its doors in 1897, and the property’s modern-day chapter features several fully renovated buildings within the town’s historic district.

Where to Eat and Drink

As with most Southern cities and towns, food is a major part of the local culture. If you’re a traveler who plans their vacations around meals, you’ll want to start your day at Blackstone’s Cafe or Herban Market and Cafe. For a quick lunch while exploring Beaufort, stop by Lowcountry Produce Market & Cafe to get a fried chicken sandwich or po’boy. Chapman’s Grocer also has grab-and-go treats, wine, and craft beer. Old Bull Tavern is a lively gastropub open only for dinner, Saltus River Grill is great for indulging in seafood, and those craving Italian should dine at Griffin Market. On St. Helena Island, The Gullah Grub Restaurant is one of the area’s most famous eateries (it appeared on Anthony Bourdain: No Reservations); order the shrimp gumbo.

Best Time to Visit

When considering the best time to visit South Carolina, there are a few things to keep in mind. Summers here are hot and humid—there’s no getting around that. To explore Beaufort in the most comfortable climate, your best bet is to go in either early spring or late fall. April and October are ideal—you'll find plenty to do (winter is far from bustling) while simultaneously avoiding the sweltering weather that's synonymous with the South.

Getting There

Hilton Head Island Airport (HHH) and Savannah/Hilton Head International Airport (SAV) are both about an hour's drive away. You’ll need to rent a car to fully experience Beaufort and its surrounding area. Charleston International Airport (CHS) is also an option, although it’ll take about 90 minutes to drive to Beaufort.

8 Perfect Destinations for a Long Weekend in South Carolina

South Carolina delivers some of the South’s best trips, from barrier island beaches and salt marshes to local markets in historic districts. Edisto Island, a quiet and lightly developed sea island, is worth the trip for the 1.7-mile Spanish Mount Trail, which leads to a 4,000-year-old shell midden. Beaufort, with its antebellum character and live oak-lined streets, stands out for Cypress Wetlands, where visitors can spot alligators and river otters. And Newberry is especially memorable for the Wells Japanese Garden, with its moon bridg...

South Carolina delivers some of the South’s best trips, from barrier island beaches and salt marshes to local markets in historic districts. Edisto Island, a quiet and lightly developed sea island, is worth the trip for the 1.7-mile Spanish Mount Trail, which leads to a 4,000-year-old shell midden. Beaufort, with its antebellum character and live oak-lined streets, stands out for Cypress Wetlands, where visitors can spot alligators and river otters. And Newberry is especially memorable for the Wells Japanese Garden, with its moon bridge and Torii gate, as well as the historic Newberry Opera House downtown. There is plenty of history and natural beauty waiting to be discovered across the state, and the eight towns below show just how rewarding a long weekend in South Carolina can be.

Edisto Island

Edisto Island is quiet and largely uninhabited, making it the perfect destination for those wanting to disconnect and unwind. The island's highlight is Edisto Beach State Park, featuring a maritime forest with palmetto trees and rich salt marshes. One of the park's most popular trails, the Spanish Mount Trail, is a 1.7-mile path leading to a 4,000-year-old shell midden that has gradually eroded over time. For those who want to stay immersed in the island’s natural beauty, Edisto Beach State Park also offers rustic cabins tucked among the palmettos and live oaks. The cozy, no-frills cabins sit just steps from the shoreline, allowing visitors to wake up to ocean breezes, spend the day exploring the park’s trails and beaches, and end the evening listening to the sound of waves under a sky full of stars.

Folly Beach

Just a short 25-minute drive from Charleston, Folly Beach is a lovely escape with a population of just over 2,000. Stroll along the historic Folly Pier, built in the 1930s, and take in the breathtaking ocean views. Folly Beach County Park is perfect for those looking to swim, sunbathe, or walk along the shore, with lifeguards present during the summer months.

For a taste of fresh, home-cooked seafood, visit Coconut Joe's, conveniently located just a block from the beach. The town also offers a variety of charming inns and hotels, including the Regatta Inn, which features a waterfront view, a sunset terrace, and complimentary golf cart shuttles for added convenience.

Bluffton

Bluffton offers a waterside escape of its own, centered around the scenic May River rather than the Atlantic. Here, visitors can enjoy numerous recreational activities along the river, including dolphin tours, fishing charters, kayaking, and paddleboarding. The town also highlights local artisans and vendors through markets like the Lowcountry Made Artisan Market, an open-air venue showcasing handmade goods, and the Bluffton Farmer’s Market, where you can find fresh produce, spices, barbecue, and honey. If you're searching for a true Southern-style place to stay, consider May River Manor, which boasts 5.5 acres of lush greenery, a pool, and an outdoor patio for a relaxing getaway.

Beaufort

The town of Beaufort sits on Port Royal Island, surrounded by marshy estuaries and shaded by streets lined with live oak trees. The area is home to over 100 bird species, and the nearby Cypress Wetlands, just a ten-minute drive away, are an excellent spot for exploring the wetland ecosystem. Here, you can see diverse wildlife, including minks, river otters, marsh rabbits, and alligators. Beaufort's downtown area is filled with charming local shops, with highlights such as Beaufort River Glass, Monkey’s Uncle toy shop, and the Oyster Cay Collection antiques store. For a picturesque and historic stay, Anchorage 1770 is a heritage boutique inn on the waterfront.

Aiken

Heading over to the western side of South Carolina, Aiken is renowned for its rich equestrian heritage, while also embodying the best of Southern charm and hospitality. Visitors can tour and meet the horses at Aiken Equine Rescue, the southeastern US’s largest equine rescue center. Those interested in racing can visit the Aiken Thoroughbred Racing Hall of Fame and Museum, which has a large collection of photographs and trophies from some of the country’s best equestrian riders.

The nature around Aiken is priceless as well. The Aiken Arboretum Trail in town, for example, features one of the country’s most diverse tree collections within a municipal landscape. Regarding a unique lodging option in town, The Carriage House Inn, dating back to 1872, is located in Aiken’s historic downtown district and provides a delicious complimentary breakfast and chocolate chip cookies to its guests.

Newberry

Visitors cannot go wrong with a weekend trip away in Newberry. Its downtown historic district is a particular highlight, with landmarks like the Newberry Opera House and the Newberry Museum offering important insights into the town’s history. The Wells Japanese Garden is also on the National Registry of Historic Places, featuring a temple, moon bridge, Torri gate, and tea room.

Wine lovers will find plenty to enjoy in Newberry, with Enoree River Vineyards & Winery offering the perfect spot to spend an afternoon, surrounded by scenic views of the vineyard. For a quaint stay, the historic, family-run Newberry Manor, located just a block away from the Wells Japanese Garden, is a great option.

Sullivan’s Island

Sullivan’s Island is a relaxed, two-and-a-half-mile-long island home to a little over 2,000 residents, making for a quiet escape. After a leisurely morning stroll along its 2.5-mile shoreline, visitors can enjoy lunch at one of the town's coastal cuisine spots, like Sullivan’s Fish Camp. The town also has an involved artist presence, with visitors able to appreciate local art at galleries such as Sandpiper Gallery and Adele’s Pottery.

One of the island’s iconic landmarks is Fort Moultrie, the site of a pivotal nine-hour battle with the British during the Revolutionary War in 1776. The Palms Oceanfront Hotel is one of the nearest and most recommended lodging options, including spectacular views of the ocean, a newly renovated pool deck, and stylish, modern rooms.

Pendleton

If you're interested in South Carolina's history and culture, Pendleton is a must. The town boasts more than 50 historic buildings from the 18th and 19th centuries, numerous art galleries featuring works from local artists, and a vibrant bluegrass music scene. Notable historic sites include Timms Mill, a gristmill originally built along the Six and Twenty Creek in 1784 and relocated in 1898, as well as St. Paul’s Episcopal Church, established in 1822 and still featuring a Jardine pipe organ that has been playing for over 170 years.

To dive into the bluegrass scene, head to Breazeale’s Grocery Bluegrass on the weekends, where you can enjoy jam sessions and occasionally catch performances by nationally recognized artists. For lodging, Liberty Hall Bed & Breakfast, a beautifully restored home built in 1849, offers a charming accommodation option.

Final Thoughts

Whether you are a native-born South Carolinian or hail from another state, each of these towns offers unique and diverse attractions that will appeal to every member of the family. With everything from fresh seafood to art galleries and bird tours, these towns offer a wide variety of experiences that defy simple categorization. So get out your calendar, mark your dates, and start planning your next adventure in one of these amazing towns.

Folly Beach keeps 800 short-term rental permit cap after court upholds policy

FOLLY BEACH, S.C. (WCIV) — A South Carolina appeals court has upheld Folly Beach’s limit on short-term rental licenses, allowing the city to keep its cap of 800 vacation rental permits.City leaders say the cap was approved by voters in 2023 with the goal of maintaining a balance between tourism and full-time residents on the island.The decision comes after some property owners challenged the policy in court, arguing the cap prevented them from renting their homes short-term. However, the court sided with the city, r...

FOLLY BEACH, S.C. (WCIV) — A South Carolina appeals court has upheld Folly Beach’s limit on short-term rental licenses, allowing the city to keep its cap of 800 vacation rental permits.

City leaders say the cap was approved by voters in 2023 with the goal of maintaining a balance between tourism and full-time residents on the island.

The decision comes after some property owners challenged the policy in court, arguing the cap prevented them from renting their homes short-term. However, the court sided with the city, ruling the policy regulates business licenses rather than zoning. That distinction was central to the legal challenge.

Mayor Chris Bizzell said the ruling reinforces the city’s approach to managing growth while protecting the community.

“The tourism numbers are basically the same,” Bizzell said. “What I have seen is we have a lot of people moving in that are now long-term residents, as opposed to looking at the community as an investment, which is great to have new families moving onto the island.”

The cap was created amid concerns that a growing number of homes were being used as vacation rentals instead of primary residences. At one point, nearly half of the homes on the island were operating as short-term rentals.

City leaders say the goal was to place guardrails around that growth and preserve Folly Beach’s residential character while still allowing tourism.

Bizzell said from the city’s perspective, the policy has not hurt the overall economy.

“Our hospitality tax numbers and our accommodations taxes are at or above historic levels,” he said.

Still, some local business owners say they are concerned about how limiting vacation rentals could affect spending on the island.

Perry Freeman, president of Perry Hospitality, said visitors staying in short-term rentals often spend several days dining, shopping, and supporting local businesses.

“It’s not necessarily just a cap on the rentals — it’s a cap on tourists,” Freeman said, explaining that visitors staying on the island typically spend money every day during their trip.

Freeman said he believes there are fewer people staying on the island compared to previous years, something he says businesses are starting to feel.

“You see less people out there’s definitely been an impact on our business,” he said.

While the court decision keeps the cap in place for now, the legal fight may not be over.

The property owners who filed the lawsuit say they may ask the court for a rehearing and could ultimately try to take the case to the South Carolina Supreme Court.

Meanwhile, city leaders say they plan to continue reviewing the policy as part of long-term strategic planning to ensure it maintains the balance between tourism and residents that voters supported.

SC Appeals Court rules Folly Beach’s short-term rental cap is not a zoning change

FOLLY BEACH — Two owners of several island properties lost their court appeal that sought to declare the local short-term rental cap illegal by arguing it was a change in zoning laws that deprived them of renting a new property.Folly East Indian Co., which has five short-term rental licenses for properties along Folly Beach Road, filed suit and sought an injunction in January 2023 to stop enforcement of the cap that limits island short-term rental licenses to 800.The landlord and real estate development company, owned by ...

FOLLY BEACH — Two owners of several island properties lost their court appeal that sought to declare the local short-term rental cap illegal by arguing it was a change in zoning laws that deprived them of renting a new property.

Folly East Indian Co., which has five short-term rental licenses for properties along Folly Beach Road, filed suit and sought an injunction in January 2023 to stop enforcement of the cap that limits island short-term rental licenses to 800.

The landlord and real estate development company, owned by Folly Beach residents Richard D. Brendel and Michael J. Riffert, argued that the new limit changed the zoning of properties by not allowing owners to rent them.

The city has long maintained the referendum, which was written by a citizen and voted into law by 53 percent of island residents in 2023, was a business license change, not a zoning one. The S.C. Supreme Court previously ruled that zoning provisions cannot be enacted by the referendum process.

The lawsuit stemmed from the plaintiffs’ inability to rent one property in particular. Prior to the moratorium the city permitted them to build a house they intended to operate as an income-producing short-term rental. Because of pandemic-related delays, construction took longer than expected and the owners missed their window to get a short-term license before the cap was enacted.

The plaintiffs argued the cap took away their vested rights, which by state law protects a property owner from changes in zoning ordinances for two years and would have grandfathered in their ability to rent the property.

A Charleston County court disagreed. In an April 2024 ruling, Circuit Judge Paul Burch affirmed the referendum is not a zoning ordinance. As such, it does not infringe on property rights because it is a modification of business licenses.

A business license is not a vested right, the judge said.

The following month, Folly East Indian Co. filed an appeal with the S.C. Court of Appeals, which on Feb. 18 sided with the lower court.

The court’s unpublished opinion, which means it has no precedential value, said the ordinance “at issue only amended City’s business regulations to impose a cap on the number of issued short-term rental business licenses” and that it “did not amend City’s zoning ordinance, did not rezone any properties … and did not determine where any specific activities may occur.”

Island wide, rentals are still legal in every district and every residential unit is allowed to become a rental. The referendum solely regulates how many can get a business license to operate as such.

The plaintiffs argued the cap deprives them of the “economically viable use” of their property, “infringes upon its vested rights, and will interfere with Plaintiff’s reasonable, investment-backed expectations.”

Since the referendum was enacted limiting the coveted permits, homeowners who bought properties to rent short-term for income or as a way to pay for a beach home are now unable to do that. There’s no revenue to supplement mortgages, some involving multi-million-dollar purchases with high interest rates. Many have struggled to sell off their homes since.

The 800-unit cap applies exclusively to second homes, not primary residences. At the time of the vote, there were 1,125 rental properties on Folly Beach, which accounted for 43 percent of its housing stock. About 200 entries remain on the waiting list and, as of October, no one has made it off the waitlist.

Bijan Ghom with Saxton & Stump, who represented the plaintiffs, told The Post and Courier the opinion didn’t offer much analysis or directly address “several legal arguments” made on behalf of the plaintiffs.

“Since the Court did not select this matter for oral argument, it is even more difficult to read between the tea leaves, so to speak,” he said. “In any event, my client intends to file a petition for rehearing this week. If that is denied, we plan to petition the Supreme Court for review.”

Ghom noted there is another case at the trial level that also challenges the short-term cap from another legal argument.

“So, all in all, we are still hopeful we will prevail,” he said.

The city had no additional comment.

Mayor Chris Bizzell previously told The Post and Courier fine-tuning the referendum is part of the city’s 2026 strategic plan.

“I think the biggest thing that's happening is a couple of people have asked us to maybe look at the different proposals that were in the initial short-term rental language that was proposed by (previous) Mayor (Tim) Goodwin, and then go back through that, discuss why or why not we adopted some of those provisions,” Bizzell said.

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