HOUSE OF REPRESENTATIVES	H.B. NO.	1808
TWENTY-FIFTH LEGISLATURE, 2009		H.D. 3
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO COASTAL AREAS.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

SECTION 1.  The legislature finds that there are many shoreline areas throughout the state where the overgrowth of vegetation inhibits access to and transit along the beach, thereby denying the public of use and enjoyment of the public domain.  The area seaward of the shoreline is part of the State's conservation district and is regulated by the department of land and natural resources.  Although natural vegetative overgrowth exists along beach areas, there is also evidence in many areas of vegetative overgrowth into the beach area induced by private property owners.  The department does not have the funding to remove this vegetative overgrowth, nor should it be financially responsible for such removal.

The legislature finds that public beach corridors are similar to public sidewalks in the sense that they are for public use.  To maintain public transit along the shoreline, provisions similar to those pertaining to the maintenance of sidewalks are needed.  For example, chapter 14, article 20, Revised Ordinances of Honolulu, requires property owners to maintain adjacent sidewalks.  If the sidewalk is not maintained, a property owner may be cited and given a certain amount of time to clean up the sidewalk.  If the sidewalk is still not cleaned, the city and county of Honolulu may clean the sidewalk and seek reimbursement from the property owner.

The legislature finds that a similar provision to protect transit areas and public transit corridors along shorelines in the conservation district would encourage property owners to keep adjacent beachfront free of encroaching vegetation and provide a means to reimburse government agencies for removing vegetation if necessary.

     SECTION 2.  Chapter 115, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§115-    Maintenance of beach transit corridors.  (a)  The department of land and natural resources shall maintain transit areas and public transit corridors under this chapter and chapter 183C, by requiring private property owners to ensure that transit areas and public transit corridors abutting or adjoining their lands are kept passable and free from human-induced, enhanced, or unmaintained vegetation that interferes with transit.

     (b)  The department is authorized to issue notice to landowners who fail to maintain transit areas and public transit corridors abutting or adjoining their property.  If any landowner fails to remove the obstruction within twenty-one days of notice being issued, the department shall elect to impose fines pursuant to the schedule in section 115-9(d) or remove the obstruction to allow public access.  The cost incurred for the removal of the obstruction by the department shall be charged to and against the landowner, as landowner is defined in section 115-9, and collected from the landowner, if not immediately paid, by action in the district court."

     SECTION 3.  Section 115-5, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§115-5[]]  Transit area and public transit corridor defined.  (a)  The right of transit along the shoreline exists [below the private property line which is defined as being along the upper reaches of the wash of waves, usually evidenced by the edge of vegetation or by the debris left by the wash of waves.] seaward of the shoreline as defined in section 205A-1.  As used in this section this area shall be known as a transit area.

     However, in areas of cliffs or areas where the nature of the topography is such that there is no reasonably safe transit for the public along the shoreline below the private property lines, the counties by condemnation [shall] may establish along the makai boundaries of the property lines public transit corridors which shall be not less than six feet wide.

     (b)  Along transit areas and public transit corridors where the vegetation is human-induced, enhanced, or unmaintained such that it interferes with public transit, the department of land and natural resources may require maintenance of transit areas and public transit corridors by the adjacent landowner, by means of the removal of the interfering vegetation."

     SECTION 4.  Section 115-9, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§115-9[]]  Obstructing access to public property; penalty.  (a)  A person commits the offense of obstructing access to public property if the person, by action or by having installed a physical impediment, intentionally prevents a member of the public from traversing:

     (1)  A public right-of-way;

     (2)  A transit area; or

     (3)  A public transit corridor;

and thereby obstructs access to and along the sea, the shoreline, or any inland public recreational area.

     (b)  Physical impediments that may prevent traversing include but are not limited to the following:

     (1)  Gates;

     (2)  Fences;

     (3)  Walls;

     (4)  Constructed barriers;

     (5)  Rubbish;

     (6)  Security guards; [and]

     (7)  Guard dogs or animals[.]; and

     (8)  Human-induced, enhanced, or unmaintained vegetation.

     (c)  Obstructing access to public property is a misdemeanor.  Notice shall be mailed to the affected landowner at the landowner's last known address in the state.  If any landowner, after receiving notice from the department of land and natural resources, fails to remove an obstruction within twenty-one days, the department may fine the landowner as provided in subsection (d) and remove the obstruction to allow public access.  The cost for removal by the department shall be charged to the landowner, and if not paid immediately, shall be collected from the landowner by action in the district court.

     (d)  [Minimum] In addition to the cost of removal of an obstruction pursuant to subsection (c), the minimum fines for violation under this section shall be as follows:

     (1)  $1,000 for a second [conviction] violation or failure to rectify a first violation within twenty-one days of being notified of the offense by the department; and

     (2)  $2,000 for any [conviction] violation after a second [conviction] violation or for each twenty-one day period, after the first twenty-one day period, in which an ongoing violation has not been rectified.

     (e)  As used in this section:

     "Landowner" means the record owner of the property or the record owner's agent, including a lessee, tenant, property manager, or trustee.

     "Person" means a natural person or a legal entity.

     "Public recreational area" means public lands or bodies of water opened to the public for recreational use."

     SECTION 5.  Section 205A-1, Hawaii Revised Statutes, is amended by amending the definition of "shoreline" to read as follows:

     ""Shoreline" means the upper reaches of the wash of the waves, other than storm and seismic waves, at high tide during the season of the year in which the highest wash of the waves occurs, usually evidenced by the edge of natural vegetation growth, [or] but never lower than the upper limit of debris left by the wash of the waves."

    SECTION 6.  Section 205A-2, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

     "(c)  Policies.

     (1)  Recreational resources;

         (A)  Improve coordination and funding of coastal recreational planning and management; and

         (B)  Provide adequate, accessible, and diverse recreational opportunities in the coastal zone management area by:

              (i)  Protecting coastal resources uniquely suited for recreational activities that cannot be provided in other areas;

             (ii)  Requiring replacement of coastal resources having significant recreational value including, but not limited to[,] surfing sites, fishponds, and sand beaches, when such resources will be unavoidably damaged by development; or requiring reasonable monetary compensation to the State for recreation when replacement is not feasible or desirable;

            (iii)  Providing and managing adequate public access, consistent with conservation of natural resources, to and along shorelines with recreational value;

             (iv)  Providing an adequate supply of shoreline parks and other recreational facilities suitable for public recreation;

              (v)  Ensuring public recreational uses of county, state, and federally owned or controlled shoreline lands and waters having recreational value consistent with public safety standards and conservation of natural resources;

             (vi)  Adopting water quality standards and regulating point and nonpoint sources of pollution to protect, and where feasible, restore the recreational value of coastal waters;

            (vii)  Developing new shoreline recreational opportunities, where appropriate, such as artificial lagoons, artificial beaches, and artificial reefs for surfing and fishing; and

           (viii)  Encouraging reasonable dedication of shoreline areas with recreational value for public use as part of discretionary approvals or permits by the land use commission, board of land and natural resources, and county authorities; and crediting such dedication against the requirements of section 46-6[.];

     (2)  Historic resources;

         (A)  Identify and analyze significant archaeological resources;

         (B)  Maximize information retention through preservation of remains and artifacts or salvage operations; and

         (C)  Support state goals for protection, restoration, interpretation, and display of historic resources[.];

     (3)  Scenic and open space resources;

         (A)  Identify valued scenic resources in the coastal zone management area;

         (B)  Ensure that new developments are compatible with their visual environment by designing and locating such developments to minimize the alteration of natural landforms and existing public views to and along the shoreline;

         (C)  Preserve, maintain, and, where desirable, improve and restore shoreline open space and scenic resources; and

         (D)  Encourage those developments that are not coastal dependent to locate in inland areas[.];

     (4)  Coastal ecosystems;

         (A)  Exercise an overall conservation ethic, and practice stewardship in the protection, use, and development of marine and coastal resources;

         (B)  Improve the technical basis for natural resource management;

         (C)  Preserve valuable coastal ecosystems, including reefs, of significant biological or economic importance;

         (D)  Minimize disruption or degradation of coastal water ecosystems by effective regulation of stream diversions, channelization, and similar land and water uses, recognizing competing water needs; and

         (E)  Promote water quantity and quality planning and management practices that reflect the tolerance of fresh water and marine ecosystems and maintain and enhance water quality through the development and implementation of point and nonpoint source water pollution control measures[.];

     (5)  Economic uses;

         (A)  Concentrate coastal dependent development in appropriate areas;

         (B)  Ensure that coastal dependent development such as harbors and ports, and coastal related development such as visitor industry facilities and energy generating facilities, are located, designed, and constructed to minimize adverse social, visual, and environmental impacts in the coastal zone management area; and

         (C)  Direct the location and expansion of coastal dependent developments to areas presently designated and used for such developments and permit reasonable long-term growth at such areas, and permit coastal dependent development outside of presently designated areas when:

              (i)  Use of presently designated locations is not feasible;

             (ii)  Adverse environmental effects are minimized; and

            (iii)  The development is important to the State's economy[.];

     (6)  Coastal hazards;

         (A)  Develop and communicate adequate information about storm wave, tsunami, flood, erosion, subsidence, and point and nonpoint source pollution hazards;

         (B)  Control development in areas subject to storm wave, tsunami, flood, erosion, hurricane, wind, subsidence, and point and nonpoint source pollution hazards;

         (C)  Ensure that developments comply with requirements of the Federal Flood Insurance Program; and

         (D)  Prevent coastal flooding from inland projects[.];

     (7)  Managing development;

         (A)  Use, implement, and enforce existing law effectively to the maximum extent possible in managing present and future coastal zone development;

         (B)  Facilitate timely processing of applications for development permits and resolve overlapping or conflicting permit requirements; and

         (C)  Communicate the potential short and long-term impacts of proposed significant coastal developments early in their life cycle and in terms understandable to the public to facilitate public participation in the planning and review process[.];

     (8)  Public participation;

         (A)  Promote public involvement in coastal zone management processes;

         (B)  Disseminate information on coastal management issues by means of educational materials, published reports, staff contact, and public workshops for persons and organizations concerned with coastal issues, developments, and government activities; and

         (C)  Organize workshops, policy dialogues, and site-specific mediations to respond to coastal issues and conflicts[.];

     (9)  Beach protection;

         (A)  Locate new structures inland from the shoreline setback to conserve open space, minimize interference with natural shoreline processes, and minimize loss of improvements due to erosion;

         (B)  Prohibit construction of private erosion-protection structures seaward of the shoreline, except when they result in improved aesthetic and engineering solutions to erosion at the sites and do not interfere with existing recreational and waterline activities; [and]

         (C)  Minimize the construction of public erosion-protection structures seaward of the shoreline[.];

         (D)  Prohibit private property owners from creating a public nuisance by inducing vegetation in a public transit area or public transit corridor; and

         (E)  Prohibit private property owners from creating a public nuisance by allowing unmaintained vegetation to encroach upon a public transit area or public transit corridor;

    (10)  Marine resources;

         (A)  Ensure that the use and development of marine and coastal resources are ecologically and environmentally sound and economically beneficial;

         (B)  Coordinate the management of marine and coastal resources and activities to improve effectiveness and efficiency;

         (C)  Assert and articulate the interests of the State as a partner with federal agencies in the sound management of ocean resources within the United States exclusive economic zone;

         (D)  Promote research, study, and understanding of ocean processes, marine life, and other ocean resources [in order] to acquire and inventory information necessary to understand how ocean development activities relate to and impact upon ocean and coastal resources; [and]

     and

         (E)  Encourage research and development of new, innovative technologies for exploring, using, or protecting marine and coastal resources."

SECTION 7.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 8.  This Act shall take effect on July 1, 2020.

 

 

Report Title:

Coastal Areas; Public Access; Shoreline

 

Description:

Requires maintenance of public beach accesses by adjacent landowners and imposes penalties for noncompliance.  Establishes shoreline access as a policy of the Coastal Zone Management Program.  Clarifies the definition of "shoreline."  Effective July 1, 2020.  (HB1808 HD3)

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.