‍MCCLELLANVILLE, SC – The South Carolina Environmental Law Project (SCELP), on behalf of Friends of Coastal South Carolina and the South Carolina Coastal Conservation League, filed a formal appeal to the Charleston County Board of Zoning Appeals (BZA) challenging an administrative decision that would allow a previously denied mining operation to move forward without public review. The Charleston County Board of Zoning Appeals will hold a public hearing on Monday, May 4, 2026, at 4:00 p.m.

The appeal contests a determination by the Charleston County Zoning Department that classifies proposed mining and excavation activities near the intersection of U.S. Highway 17 and Lofton Road as “exempt” from zoning regulations. The property consists of two parcels totaling approximately 35 acres in the county’s Agricultural Preservation (AG-10) district.

In August 2023, the BZA denied a Special Exception request for mining on the same property after finding the project incompatible with surrounding land uses and posing unacceptable risks to public health and safety, including heavy truck traffic and its approximately 900-foot proximity to St. James-Santee Elementary-Middle School. That decision became final after the developer voluntarily dismissed its court appeal in March 2025.

Charleston County’s BZA has characterized Monday's hearing as limited to whether SCELP's appeal was filed in time – a framing we reject. SCELP's appeal argues that the current exemption determination improperly circumvents that binding decision by allowing mining to proceed without notice, a public hearing or formal findings by the Board. The appeal also challenges Charleston County's refusal to transmit that dispute to the Board of Zoning Appeals at all – arguing that procedural gatekeeping cannot be used to insulate a controversial mine from public review by the body charged with hearing zoning appeals. When a previously denied mining operation is repackaged as "exempt," and the public is told it is too late to object, that raises serious concerns about notice, fairness and the integrity of the County's zoning system. The filing further raises concerns that the developer has acknowledged plans to segment the mining operation into smaller phases to remain under acreage thresholds that would otherwise trigger full zoning review.

The appeal asks the Board of Zoning Appeals to reverse the exemption determination and require that any mining proposal on the property comply fully with Charleston County’s zoning and land development regulations, including the Special Exception process. 

"McClellanville’s rural character, water resources, and community spaces are not expendable,” said Lauren Megill Milton, co-counsel at SCELP. “This site sits near a school, along a major corridor, and within a landscape that supports fisheries and clean water. The Board of Zoning Appeals already found industrial mining here incompatible with surrounding land uses and public safety, and zoning decisions made through public hearings with public input should not be undone through administrative reclassification or project segmentation.”

“Charleston County’s zoning process exists to protect sensitive areas like McClellanville from this exact type of harm,” said Torrey Sanders, Conservation Programs Manager at the Coastal Conservation League. “That process was followed, a decision was made, and it must be honored. We stand with our partners in demanding the full public review that is deserved. The input from the public is an essential part of the process, especially for something as consequential as this. It is unjust to be able to bypass this process and risk permanent damage to the local community and environment.”

The site lies in a rural, agricultural area of McClellanville known for its water quality, fisheries and proximity to community spaces, including the St. James-Santee school campus. Community groups argue that allowing industrial mining through an administrative exemption undermines the purpose of zoning safeguards designed to protect public health, safety and the character of agricultural preservation districts.

“This project has consequences not only for the environment but also for the safety and well-being of the children next door at Saint James Santee Elementary-Middle School,” said Grace Gasper, executive director at Friends of Coastal South Carolina. “ The Charleston County Board of Zoning Appeals has already, and rightly, denied permitting for this project.  We are astounded that the BZA ruling was overturned with no public input. The community has been overwhelmingly opposed to this project. We believe the community deserves to have an appeal of this loophole decision heard.”

Public testimony matters, and we strongly encourage supporters to attend the May 4 meeting in person and speak. The sign-up sheet will be available in Council Chambers starting at 3:30 p.m., and the meeting will begin at 4:00 p.m. If you are unable to attend, you can still submit comments here. The packet information for this case, including documents submitted by the applicant, is available here.