If you’re in the business of building resort communities in Charleston, Hilton Head, Bluffton, Savannah, or Jacksonville, you already know that developing paradise is no day at the beach. It’s not just about palm trees and palmettos—today’s development landscape is increasingly shaped by zoning maps and associated zoning requirements, environmental considerations and protests, IP lawyers, and, yes, the occasional coastal erosion study.

As a real estate developer, while your lot buyers dream of infinity pools and golf course views, you are probably knee-deep in regulatory filings, community meetings with heavy appeasement overtones, and the kind of “creative interpretation” of land use codes that would make a novelist jealous. So let’s take a walk down the (heavily regulated) beach and explore some of the most pressing legal challenges that are—or soon will be—shaping the future of resort development in the Southeast.

1. Zoning Fatigue

Local governments in coastal regions like Beaufort County (home to Bluffton and Hilton Head) and Chatham County (Savannah) are increasingly scrutinizing zoning requests for high-end communities. And in case you missed the memo, that charming little “rezoning” request is now the equivalent of launching a full-scale political campaign.

Planned Unit Developments (PUDs), once the darling of creative master planners, are under renewed public and municipal scrutiny. Residents are pushing back harder, armed with traffic studies, infrastructure concerns, and, sometimes, pitchforks (figurative ones… mostly).

Legal Tip: Anticipate more conditional zoning approvals and community benefit agreements. Developers who offer substantial public perks—like open space preservation, associated infrastructure modifications or workforce housing allocations—may find themselves with a smoother path through planning commission purgatory. Land use attorneys and site planners can help connect developers to the right decision makers within local government, allowing those developers to leverage  the advisors’ expertise to earn government staff “buy in” on the project before public comment puts political pressure on staff to disapprove any development permit applications.

2. Development Moratoria: The New "Do Not Disturb" Sign

Municipalities like Mount Pleasant (just outside Charleston) previously adopted multi-year moratoria on residential development to cope with infrastructure lag. Expect other localities—especially those with overburdened schools, water/sewer systems, or flood-prone roads—to follow suit.

Moratoria are politically palatable, easy to implement, and extremely hard to litigate away. In the words of one local planner: “We’re not anti-growth—we just need a breather.” (Translation: put your shovel down for now.)

Legal Tip: If you're a developer eyeing a site that could be subject to a moratorium on the horizon, consider vesting strategies. Secure approvals (and ideally, infrastructure commitments) early, before the “pause” button gets slammed. Additionally, strategically incorporating a workforce housing component into your luxury development can serve as an appealing “public good” that helps sway political decision-makers. For example, dedicating a percentage of your residential units—or a separate parcel nearby—for workforce or attainable housing can turn a “no” into a “maybe,” or even a “yes. Local governments and their political leaders increasingly view such proffers as a way to justify exceptions to moratoria under the banner of “critical housing needs.” It may not guarantee approval, but it gives staff and elected officials something tangible to hang their hat on when facing public opposition.

3. Coastal Environmental Law

As storm seasons seem to intensify, state and federal environmental regulations are evolving faster than you can say “Army Corps of Engineers.” In South Carolina and Georgia, new setbacks, buffer zones, and dune protections are constraining oceanfront development envelopes. Meanwhile, permitting through the South Carolina Department of Environmental Services and Georgia’s Coastal Resources Division (CRD) is taking longer—and often includes new climate resilience conditions.

Why the delays? In short: increased scrutiny, understaffing, and shifting standards. For example, South Carolina’s Department of Public Health and Georgia’s CRD – whether scientifically justified or not – are both under pressure from environmental groups, legislators, and the public to err on the side of caution. They’re requiring more comprehensive documentation, more inter-agency consultation, and in many cases, additional modeling or studies to assess impacts on wetlands, flood plains, and marine ecosystems. Post-COVID staffing shortages and increased application volume have only made the backlog worse.

Legal Tip: To expedite the process:

• Pre-consult with agency staff before formally filing your application. Early engagement can identify red flags before they stall your timeline. Land use attorneys can help put you in touch with the right staff within the ranks of local and state government.
• Submit complete and well-documented applications. Hire land use attorneys with a track record of getting applications approved. A sloppy submittal is almost guaranteed to end up in the slow lane.
• Consider phased approvals. Sometimes securing infrastructure permits first (e.g., roads and utilities) while coastal issues are pending can keep your timeline moving.
• Appeal to resilience. Projects that incorporate green infrastructure (e.g., living shorelines, natural stormwater systems) can sometimes receive more favorable review depending on the jurisdiction.

4. Workforce Housing

From Charleston to Jacksonville, local governments are increasingly demanding that high-end developments help solve the region’s chronic lack of affordable housing. In Hilton Head, for instance, the workforce housing deficit has become so severe that some hospitality employers are bussing staff in from an hour away.

New ordinances (and sometimes informal expectations) are requiring luxury developers to either include on-site workforce housing, contribute to dedicated housing funds, or offer land for municipal affordable projects.

Legal Tip: Get ahead of this. Voluntary contributions by developers—offered early—may help you avoid more burdensome mandates later. Creative partnerships with nonprofit housing organizations can also score you both zoning goodwill and tax advantages. And as mentioned above, workforce housing can also be a persuasive tool for bypassing moratoria or securing special exceptions.

5. Branded Residences and IP Landmines

More developers are turning to brand licensing agreements with major hospitality names—Four Seasons, Ritz-Carlton, Auberge, and even Porsche (yes, that Porsche). These deals can juice pricing premiums, but they come with highly complex intellectual property licensing agreements, rigid brand standards, and potential legal exposure if you deviate from the playbook. Branding can easily add value to lots and units in the same way communities featuring golf clubs or water views can, but be cautious. Despite entering into a business partnership with the licensor of the brand, in some cases developers have been sued for using logos or slogans in pre-sales marketing before the ink was even dry on the licensing agreement.

Legal Tip: Lawyer up early, prior to entering into brand licensing negotiations. It behooves developers to finalize branding agreements well before preparing and recording community governing documents or beginning marketing to prospective lot or unit buyers. Many of the terms in these licensing agreements—such as branding requirements, amenity operational standards, and even signage protocols—will need to be baked into the community’s declaration of covenants and design guidelines.

Also, be sure to work out in advance:

• Who will manage and operate branded amenities such as spas, restaurants, fitness centers, or concierge services.
• Whether the brand partner will have any approval rights over staffing, maintenance, or programming.
• How revenue will be shared from those amenities. Will the developer keep the profits? Will there be a split with the licensor or is the licensor paid a flat fee? What happens if the amenity becomes a loss leader?

All of these impact not only your bottom line but also your legal exposure. The more ambiguous the agreement, the more risk you’re carrying into the project lifecycle.

6. Cultural and Historical Site Compliance

Building in the Lowcountry and coastal Georgia often means building on or near historically significant sites. If your site touches land with potential Gullah-Geechee cultural heritage, Native American remains, or Civil War-era artifacts, get ready for a potential deep dive into Section 106 of the National Historic Preservation Act. Mitigation obligations, site surveys, and consultation with cultural representatives may be required—even if you’re not receiving federal funds.

Legal Tip: Budget both time and money for cultural compliance. Failure to do so can not only delay a project, but result in litigation, reputational damage, and yes, some very angry local historians.

7. HOA/POA Enforcement & Amenities-as-Liability

The legal obligations around resort-style amenities—especially those open to short-term renters—are growing more complex. Homeowners’ associations (HOA) or property owners’ associations (POAs) are facing liability challenges related to security, ADA compliance, alcohol service, and even social media policy. This can put developers in a tough position, especially in branded communities, as failure to uphold certain amenity or service levels can actually breach a developer’s licensing agreement and risk brand revocation.

Legal Tip: Work with legal counsel to develop appropriate POA documents and enforceable amenity maintenance standards. Don’t promise “white-glove concierge service” unless you’re prepared to field lawsuits over someone’s dirty towel.

Final Thoughts:

Resort development in the Southeast remains highly profitable—but only for those who can adapt to the shifting legal terrain. The good news? Forward-thinking developers who engage with these issues early and proactively are not just surviving—they’re thriving. Land use attorneys can play a key role on a developer’s team early on when developing on the coast, especially when looped in early on during the site planning phase of any development project.