Bill to protect Hawaii shore-access gains support

As Hawaii recreation areas become increasingly crowded, a bill to protect shoreline access is gaining momentum in the Legislature. Supporters say HB 1808 is necessary to stop the illegal acquisition of beachfront shoreline by homeowners.  The Honolulu Advertiser reported on March 22 that opponents warn that the measure could set a precedent and lead to greater demands on property owners abutting state lands. The bill failed to pass in 2009, but was reintroduced this year by 21 Legislators.

Both sides recognize a need to keep the lateral beach access free of barriers for public use but they differ on how to accomplish that. Some beachside property owners are encouraging plants, mainly naupaka, to grow onto state land, said Sam Lemmo, administrator of the Office of Conservation and Coastal Lands for the state Department of Land and Natural Resources.

The result is more yard space for homeowners and less beach area for the public. Lemmo says DLNR wants authority to hold landowners responsible for vegetation that they induce onto public beaches and penalties for doing so. Landowners would face fines of $1,000 for failure to fix the violation within 21 days, $1,000 for the second violation, $2,000 for each subsequent violation or each 21 days the issue is not resolved.

The Land Use Research Foundation of Hawaii objected to language in the bill that the organization said could affect all property owners abutting state land. "The fundamental principle is they're telling private citizens that if there's a government property next door, you're responsible for maintaining it," said David Arakawa, executive director for the foundation, a private, nonprofit research and trade association whose members include major Hawai'i landowners, developers and a utility company. Click here to read the Advertiser report.