HOUSE OF REPRESENTATIVES

H.C.R. NO.

253

TWENTY-THIRD LEGISLATURE, 2006

 

STATE OF HAWAII

 
   


HOUSE CONCURRENT

RESOLUTION

 

REQUESTING THE AUDITOR TO CONDUCT A STUDY OF THE SHORELINE SETBACK REFERENCE LINE.

 

WHEREAS, shorelines and beaches are one of Hawaii's most precious natural resources and provide important recreational, cultural, social, and economic opportunities for residents and tourists; and

WHEREAS, the shoreline setback system has been established to serve the dual purpose of protecting Hawaii's beach resources and reducing the loss of property from erosion, storms, or other events by establishing a distance mauka of the ocean from which structures may be built; and

WHEREAS, in implementing shoreline setbacks and the objectives of the coastal zone management program, the Legislature mandated that agencies give full consideration to ecological, cultural, historic, aesthetic, recreational, scenic, and open space values, and coastal hazards, as well as to needs for economic development; and

WHEREAS, the shoreline setback system consists of two components: the reference line and the distance from the reference line that structures may be built; and

WHEREAS, the reference line currently used is the "shoreline" as defined by the Hawaii Supreme Court In re Application of Ashford, 50 Haw. 314 (1968), and further clarified in County of Hawaii v. Sotomura, 55 Haw. 176 (1973), and the process of establishing this line is referred to as "shoreline certification"; and

WHEREAS, the Hawaii Supreme Court established the shoreline for the purposes of determining ownership as the "upper reaches of the wash of the waves, usually evidenced by the edge of vegetation or by the line of debris left by the wash of waves"; and

WHEREAS, this definition is inherently ambiguous and subjective and, as Justice Marumoto in his dissenting opinion in Ashford presciently wrote, "primitive in concept and haphazard in application and result"; and

WHEREAS, as argued by the State in Ashford and confirmed by the Hawaii Supreme Court in Sotomura, the State has historically emphasized the vegetation line as the more permanent and stable monument to identify the shoreline; and

WHEREAS, at the time of these court decisions in the late 1960s to early 1970s, vegetation could be better relied upon as a natural indicator of the wash of the waves; and

WHEREAS, in more recent years, the urbanization of Hawaii's coastal lands and intensification of its use has resulted in extended landscaping along the shoreline; and

WHEREAS, this increased landscaping, including the use of saltwater tolerant plants, has, in some cases, distorted the shoreline for the purpose of establishing the shoreline setback reference line; and

WHEREAS, the Ashford definition of shoreline has become problematic for shoreline setback purposes as the vegetation line can no longer be relied upon as a natural indicator; and

WHEREAS, other states and countries must deal with the same question of how to establish shoreline setbacks and have varying methods and reference lines for these purposes; and

WHEREAS, there is rapidly improving technologies, such as global positioning system, geographic information systems, and light detection and ranging technology that might provide a more objective, reliable reference to establish the reference line for shoreline setbacks; and

WHEREAS, Senate Concurrent Resolution No. 51, S.D. 1, Regular Session 2005, requested the Department of Land and Natural Resources and a working group to conduct a study of the issues surrounding the shoreline certification process for the purpose of shoreline setbacks; and

WHEREAS, the report submitted by the Department did not explore or analyze alternative methods and technologies that could be used to establish the shoreline setback line and did not offer clear recommendations in terms of the Department's position; now, therefore,

BE IT RESOLVED by the House of Representatives of the Twenty-third Legislature of the State of Hawaii, Regular Session of 2006, the Senate concurring, that the Auditor is requested to study the alternative systems and methods for defining and establishing the shoreline setback reference line; and

BE IT FURTHER RESOLVED, as part of the study, the Auditor is requested to:

(1) Provide the legal framework for the definition of shoreline as used to establish the shoreline setback;

(2) Identify federal, state, and county agencies involved in coastal zone management in Hawaii, existing coastal data, and possible funding sources;

(3) Research and identify methods, systems, and technologies used in other states and countries that are used for the purpose of shoreline setbacks;

(4) Identify alternative shoreline setback lines that could be used in Hawaii, the pros and cons of each as applied to Hawaii's varying coastline types, and associated costs;

(5) Compare the alternative methods with the current method being used and make recommendations;

(6) Determine impacts of changing the setback reference line on use of the shoreline certification process for ownership purposes and for conservation district purposes; and

(7) Identify any other possible changes to Hawaii's shoreline setback system; and

BE IT FURTHER RESOLVED that the Auditor may hire consultants to conduct portions or all of the study, provided that any coastal consultant will preferably be one who has national and international experience with coastal construction setback systems; and

BE IT FURTHER RESOLVED that the Auditor is requested to convene and facilitate an advisory group to provide feedback on the study that consists of one member each representing:

(1) The Department of Land and Natural Resources;

(2) The Department of Business, Economic Development, and Tourism, Office of Planning;

(3) The Department of Accounting and General Services, Land Survey Division;

(4) The University of Hawaii;

(5) The planning office of each county;

(6) The Office of Hawaiian Affairs;

(7) The Hawaii Association of Land Surveyors;

(8) Oceanfront landowners;

(9) An environmental organization; and

(10) A native Hawaiian cultural organization;

with the member in paragraphs (1) through (7), appointed by the department, agency, or organization named, and with the member in paragraphs (8) through (10), selected by the Auditor; and

BE IT FURTHER RESOLVED that the Auditor is requested to report findings and recommendations, including any proposed legislation, not later than twenty days prior to the convening of the Regular Session of 2007; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Auditor; the Chairperson of the Board of Land and Natural Resources; the Attorney General; the Director of the Department of Business, Economic Development, and Tourism; the Comptroller; the President of the University of Hawaii; the head of each county's planning office; the Office of Hawaiian Affairs; and the Hawaii Association of Land Surveyors.

 

 

 

OFFERED BY:

_____________________________

Report Title:

Shoreline; Shoreline Set-back