Hawaii-2017-HCR204-Introduced

WHEREAS, Hawaii's beaches and shoreline areas provide numerous benefits that are critical to the cultural values and way of life of the Native Hawaiian community and the public; and

WHEREAS, access to the shoreline and the resources in the nearshore environment is critical to Native Hawaiian cultural perpetuation and constitutionally protected traditional and customary gathering practices; and

WHEREAS, Hawaii's beaches and shoreline areas provide a place to bond with ‘ohana and friends, to foster positive youth development and early appreciation for natural resources, and to provide for a variety of recreational activities, such as surfing and fishing, that have been staples of local life for generations; and

WHEREAS, Hawaii's beaches are also a driving force for the State's economy as a key attraction for tourists visiting the islands; and

WHEREAS, Hawaii's laws have recognized the right of the public to access the shoreline and the Office of Hawaiian Affairs has always been a strong advocate for shoreline access in the State; and

WHEREAS, poor planning has resulted in the proliferation of shoreline hardening structures that continue to erode away much of the State's beaches and shoreline areas, cutting off lateral shoreline access; and

WHEREAS, while shoreline hardening structures are necessary in some instances to protect property and infrastructure, they have notoriously led to the erosion of beaches throughout the State and should only be granted where absolutely necessary; and

WHEREAS, an estimated twenty-five percent of Oahu's beaches have been permanently lost due to shoreline hardening, along with many miles of shoreline on Maui; and

WHEREAS, in many areas, the beach loss has completely precluded safe lateral access along the shoreline, eliminating any opportunity for cultural or public use; and

WHEREAS, despite the clear impact of shoreline hardening structures on our shoreline areas, however, the threat of sea level rise and adjacent shoreline loss due to existing shoreline hardening structures may motivate coastal landowners to seek the installation of new shoreline hardening structures for their own properties, particularly where buildings or infrastructure have been placed too close to the ocean; and

WHEREAS, legislation is necessary to provide an increased level of public accountability and regulatory oversight in the proposed installation of new shoreline hardening structures; now, therefore,

BE IT RESOLVED by the House of Representatives of the Twenty-ninth Legislature of the State of Hawaii, Regular Session of 2017, the Senate concurring, that the Department of Land and Natural Resources is urged to adopt policies prohibiting the construction of shoreline hardening structures in shoreline areas unless certain conditions are met; and

BE IT FURTHER RESOLVED that a variance for construction of a shoreline hardening structure should not be approved unless there has been a public hearing and showing that the shoreline hardening structure is necessary to protect an existing legal object, structure, or activity from damage due to seawater inundation or shoreline erosion, and no reasonable alternative locations exist; and

BE IT FURTHER RESOLVED that in determining whether a variance for a shoreline hardening structure may be approved, the authority shall consider the following factors:

(1) The feasibility and cost of relocating the relevant structures, objects, or activities outside of the shoreline area;

(2) The likelihood and severity of damage that will occur if the shoreline hardening structure is not constructed;

(3) The availability of reasonable alternative means to protect the relevant objects, structures, or activities from damage due to shoreline erosion;

(4) The nature and scope of valued cultural and historical resources in the seaward areas that may be impacted by shoreline erosion resulting from the installation of a shoreline hardening structure, impact to any associated native Hawaiian traditional and customary practices, and the feasibility of action that may be taken to protect the resources and practices; and

(5) The diminution of safe lateral public access and enjoyment of shoreline area resulting from the shoreline hardening structure, and conditions, including but not limited to public access easements, that may be required to mitigate any such diminution; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Chair of the Board of Land and Natural Resources and Chair of the Board of Trustees of the Office of Hawaiian Affairs.

	OFFERED BY:	_____________________________

Report Title:

Coastal Zone Management; Shoreline Hardening Structure

HOUSE OF REPRESENTATIVES	H.C.R. NO.	204
TWENTY-NINTH LEGISLATURE, 2017
STATE OF HAWAII