LIHU‘E — A law signed in 2010 requiring maintenance of public beach accesses by adjacent landowners is poised to sunset June 30, unless a bill moving steadily at the Legislature is passed. House Bill 17 deletes the sunset date for
LIHU‘E — A law signed in 2010 requiring maintenance of public beach accesses by adjacent landowners is poised to sunset June 30, unless a bill moving steadily at the Legislature is passed.
House Bill 17 deletes the sunset date for Act 160, making it a permanent measure in the Hawai‘i Revised Statutes. The bill cleared the House Water and Land Committee Friday, passed second reading Wednesday and is now en route to the Judiciary Committee.
“That bill is important because what it does, it sets beach access and public right of way, and it protects the public space,” said Rep. Derek Kawakami, D-14th District, who co-introduced the bill.
Landowners, some unknowingly and some knowingly, are letting their landscaped vegetation encroach into public space, taking away beach areas for the public, he said.
“It’s not just on Kaua‘i,” Kawakami said, adding that he initially thought this was happening mainly on the Garden Isle, but after hearing similar stories from residents from other islands, he said he realized the problem is “everywhere.”
The intent of the measure is to “protect public access by making permanent the state Department of Land and Natural Resources’ authority to require that owners of abutting private property maintain beach transit corridors free from interfering or encroaching vegetation and to enforce penalties for noncompliance,” according to the report from the House WAL Committee.
The bill was unanimously approved by the WAL Committee Friday, without amendments, and passed second reading at the House on Wednesday. The bill is now referred to the JUD Committee, but a hearing date has yet to be set.
Kawakami, who voted for the bill at the WAL Committee, is also a member of the JUD Committee.
“This thing should pass because it makes complete sense,” he said.
Testimony in support of the bill were sent by several organizations and individuals, including the DLNR, the Sierra Club of Hawai‘i, and the Office of Planning of the state Department of Business, Economic Development and Tourism.
“Pristine, world class sandy beaches are now lush private vegetative oasis. This measure can provide the tools needed to stop the premature loss of highly valued public trust lands, the beach,” Kaua‘i’s North Shore resident Caren Diamond wrote in a testimony submitted to the House Jan. 24.
The Land Use Research Foundation of Hawai‘i, a private nonprofit whose members include major landowners and developers, submitted testimony in opposition to the measure.
LURF asked the bill to be held to allow for the Legislature’s review of a comprehensive report on what has happened since 2010 to justify the proposal to make Act 160 permanent. LURF also wanted more time to allow stakeholders to meet and come to a common ground on the bill’s provisions and consequences.
Visit www.capitol.hawaii.gov for more information or to submit testimony through email.
