Risher v. SOUTH CAROLINA DEPT. OF HEALTH, 393 S.C. 198

Risher owns a 0.475 acre Fripp Island lot with upland buildable area and surrounding wetlands, and his predecessor obtained a coastal bridge permit later assumed by Risher.
Risher sought a permit to construct a concrete 12‑ft wide, 85‑ft long bridge across the wetland; DHEC/OCRM denied the permit because the upland was too small to provide access.
ALC reversed DHEC’s denial; State and Coastal Conservation League intervened; the State later moved to be dismissed and was granted, leaving DHEC and CCL appealing the ALC decision.
ALC admitted Fanning as an expert to determine wetlands and boundary boundaries; issues arose about qualifications and scope of testimony.
ALC conducted its own on‑site inspection of the Lot, drawing factual conclusions, which Appellants did not timely challenge per preserved‑error rules.
ALC ultimately concluded the Lot is part of Fripp Island and exempt from Regulation 30‑12.N, based on tidal data and the exclusion of Fripp Island from the coastal island definition.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Admissibility of unqualified witness	Risher	DHEC	ALC properly admitted testimony; no reversible error
ALC on-site inspection as witness	Risher	DHEC	Issue unpreserved; not ripe for review
Substantial evidence for Coastal Island Regulation inapplicability	Risher	DHEC	ALC findings supported by substantial evidence; decision affirmed

Gooding v. St. Francis Xavier Hosp., 326 S.C. 248 (1997) (testimony must be competent expert evidence)
State v. White, 382 S.C. 265 (2009) (gatekeeping and reliability of expert testimony)
Brown v. S.C. Dep't of Health & Envtl. Control, 348 S.C. 507 (2002) (trial judge as fact‑finder; on‑site trespass caution)
Southeast Res. Recovery, Inc. v. S.C. Dep't of Health & Envtl. Control, 358 S.C. 402 (2004) (substantial evidence standard in review)
Lark v. Bi-Lo, Inc., 276 S.C. 130 (1981) (substantial evidence required; defer to fact‑finder)