Bill Text: HI HCR58 | 2016 | Regular Session | Amended

Hawaii House Concurrent Resolution 58 (Prior Session Legislation)

Bill Title: Authorizing term, non-exclusive easement for TMK (2) 4-8-003: Seaward of 006, Olowalu, Lahaina, Maui, Hawaii.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2016-04-28 - Received notice of Adoption in House (Hse. Com. No. 663). [HCR58 Detail]

Download: Hawaii-2016-HCR58-Amended.html

HOUSE OF REPRESENTATIVES	H.C.R. NO.	58
TWENTY-EIGHTH LEGISLATURE, 2016		S.D. 1
STATE OF HAWAII

HOUSE CONCURRENT

RESOLUTION

AUTHORIZING THE ISSUANCE OF A TERM, NON-EXCLUSIVE EASEMENT COVERING A PORTION OF STATE SUBMERGED LANDS fronting the property identified as Tax Map Key: (2) 4-8-003: Seaward of 006, Olowalu, Lahaina, Maui, Hawaii, FOR the construction of a boulder fill revetment to protect Honoapiilani highway from damage due to shoreline erosion.

WHEREAS, portions of Honoapiilani Highway (State highway 30) are being negatively impacted by shoreline erosion in the area of Olowalu, Lahaina, Maui, Hawaii, tax map key: (2) 4-8-003: Seaward of 006; and

WHEREAS, the Department of Transportation, Highways Division, is requesting an easement on unencumbered state lands adjacent to the highway, to allow for the construction of a boulder fill revetment along a 900-foot section of the seaward side of the highway, outside of the highway right of way, to protect Honoapiilani Highway from damage due to shoreline erosion; and

WHEREAS, on April 11, 2014, the Board of Land and Natural Resources approved the Department of Transportation, Highway Division's Conservation District Use Application MA-3708 for the subject project; and

WHEREAS, a Special Management Area Use Permit and Shoreline Setback Variance was approved by the Maui Planning Commission on April 26, 2011; and

WHEREAS, on August 14, 2015, under agenda item D-6, the Board of Land and Natural Resources approved the grant of a term, non-exclusive easement for sixty-five years to account for the use of government lands which the newly constructed boulder fill revetment will encumber; and

WHEREAS, section 171-53, Hawaii Revised Statutes, requires the prior approval of the Governor and prior authorization of the Legislature by concurrent resolution to lease state submerged lands; now, therefore,

BE IT RESOLVED by the House of Representatives of the Twenty-eighth Legislature of the State of Hawaii, Regular Session of 2016, the Senate concurring, that the Board of Land and Natural Resources is hereby authorized to issue a term, non-exclusive easement for sixty-five years covering a portion of state submerged lands fronting the property identified as tax map key: (2) 4-8-003: Seaward of 006, Olowalu, Lahaina, Maui, Hawaii, for the construction of a boulder fill revetment to protect Honoapiilani Highway from damage due to shoreline erosion; and

BE IT FURTHER RESOLVED that the Department of Transportation, Highways Division, be authorized to use, maintain, and repair the subject improvements constructed thereon pursuant to section 171-53, Hawaii Revised Statutes; and

BE IT FURTHER RESOLVED that a certified copy of this Concurrent Resolution be transmitted to the Chairperson of the Board of Land and Natural Resources.

Report Title:

Authorizing term, non-exclusive easement for TMK (2) 4-8-003: Seaward of 006, Olowalu, Lahaina, Maui, Hawaii.