Bill Text: HI HB1787 | 2024 | Regular Session | Introduced

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Bill Title: Relating To Beach Protection And Coastal Access.

Spectrum: Partisan Bill (Democrat 10-0)

Status: (Introduced) 2024-01-24 - Referred to WAL, JHA, referral sheet 1 [HB1787 Detail]

Download: Hawaii-2024-HB1787-Introduced.html

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HOUSE OF REPRESENTATIVES	H.B. NO.	1787
THIRTY-SECOND LEGISLATURE, 2024
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO BEACH PROTECTION AND COASTAL ACCESS.

 

 

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

 

     SECTION 1.  The legislature recognizes that the State has an affirmative duty to preserve beaches as a public trust resource for the people of Hawaii and that beaches are culturally important, provide valuable recreational access, and offer natural protection against sea level rise and associated coastal flooding.

     Through Act 16, Session Laws of Hawaii 2020 (Act 16), the legislature recognized that beaches and coastal dunes are important coastal ecosystems and added as an explicit objective of the state coastal zone management program under section 205A-2(b), Hawaii Revised Statutes, the protection of beaches and coastal dunes for the benefit and use of public recreation, coastal ecosysems, and as a natural buffer against coastal hazards.

Additionally, Act 16 prohibited the "construction of private shoreline hardening structures, including seawalls and revetments, at sites having sand beaches and at sites where shoreline hardening structures interfere with existing recreational and waterline activities".

     To protect public beaches and access to coastal resources, section 205A-2(c)(9)(E) and (F), Hawaii Revised Statutes, prohibits private property owners from creating a public nuisance by:

     (1)  Inducing or cultivating the private property owner's vegetation in a beach transit corridor; and

     (2)  Allowing the private property owner's unmaintained vegetation to interfere or encroach upon a beach transit corridor.

The legislature further finds that section 171-6(12), Hawaii Revised Statutes, authorizes necessary actions to remove or remedy encroachments upon public lands.  However, the legislature finds it necessary still to declare unauthorized structures, materials, armoring, or hardening structures placed in the shoreline as a nuisance per se.  Furthermore, section 171-6(12), Hawaii Revised Statutes, does not allow for citizen suits against illegal encroachments or nuisances, potentially preventing suits against offenders.

     The purpose of this Act is to further protect Hawaii's beaches and public access to coastal resources by:

     (1)  Recognizing that unauthorized structures, materials, armoring, or hardening structures, including seawalls and revetments, placed in the shoreline are a nuisance per se; and

     (2)  Strengthening state and county abatement and cost recovery authority.

     SECTION 2.  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 restoration of coastal resources that have significant recreational and ecosystem value, including but not limited to coral reefs, surfing sites, fishponds, sand beaches, and coastal dunes, when these resources will be unavoidably damaged by development; or requiring monetary compensation to the State for recreation when restoration 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 that 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 those 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 of significant biological or economic importance, including reefs, beaches, and dunes;

          (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 and coastal related development are located, designed, and constructed to minimize exposure to coastal hazards and adverse social, visual, and environmental impacts in the coastal zone management area; and

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

              (i)  Use of designated locations is not feasible;

             (ii)  Adverse environmental effects and risks from coastal hazards are minimized; and

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

     (6)  Coastal hazards;

          (A)  Develop and communicate adequate information about the risks of coastal hazards;

          (B)  Control development, including planning and zoning control, in areas subject to coastal hazards;

          (C)  Ensure that developments comply with requirements of the National 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 shoreline hardening structures, including seawalls and revetments, at sites having sand beaches and at sites where shoreline hardening structures interfere with existing recreational and waterline activities;

          (C)  Minimize the construction of public shoreline hardening structures, including seawalls and revetments, at sites having sand beaches and at sites where shoreline hardening structures interfere with existing recreational and waterline activities;

          (D)  Minimize grading of and damage to coastal dunes;

          (E)  Prohibit private property owners from creating a public nuisance by inducing or cultivating the private property owner's vegetation in a beach transit corridor; and

          (F)  Prohibit private property owners from creating a public nuisance by allowing the private property owner's unmaintained vegetation to interfere or encroach upon a beach transit corridor; and]

          (A)  Recognize that unauthorized structures, materials, armoring, or hardening structures, including seawalls and revetments, sandbags, geotextile fabrics, and sand burritos placed in the shoreline are a nuisance per se;

          (B)  Prohibit private property owners from creating or maintaining a public nuisance per se by inducing, creating, directing, contracting for, supplementing, modifying, allowing, or failing to remove any unauthorized structures, materials, armoring, or hardening structures, including seawalls and revetments, sandbags, geotextile fabrics, and sand burritos in the shoreline; and

          (C)  Authorize the State and the counties to take immediate abatement action to remove and remediate any nuisance per se in the shoreline and to seek recovery, through administrative or judicial procedures, of reasonable costs and fees from private landowners who are responsible for the placement of the unauthorized structures, materials, armoring, or hardening structures, including seawalls and revetments, sandbags, geotextile fabrics, and sand burritos; and

    (10)  Marine and coastal 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 and coastal processes, impacts of climate change and sea level rise, marine life, and other ocean resources to acquire and inventory information necessary to understand how coastal development activities relate to and impact ocean and coastal resources; and

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

     SECTION 3.  Section 607-25, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  As used in this section, "development" includes:

     (1)  The placement or erection of any solid material or any gaseous, liquid, solid, or thermal waste[;], or the failure to remove such solid material or any gaseous, liquid, solid, or thermal waste after the expiration of governmental authority or permits that allowed the placement or erection;

     (2)  The grading, removing, dredging, mining, pumping, or extraction of any liquid or solid materials; or

     (3)  The construction or enlargement of any structure requiring a discretionary permit."

     SECTION 4.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Beach Protection; Coastal Access; Coastal Zone Management; Nuisance; Shoreline Armoring or Hardening

 

Description:

Amends the beach protection policy of the coastal zone management program to recognize that unauthorized structures, materials, armoring, or hardening structures, including seawalls and revetments, sandbags, geotextile fabrics, and sand burritos, placed in the shoreline are a nuisance per se.  Strengthens state and county abatement and cost recovery authority of, and allows citizen suits for, this type of nuisance.

 

 

 

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