STAND. COM. REP. NO. 351

Honolulu, Hawaii

, 2005

RE: S.B. No. 1884

S.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Water, Land, and Agriculture, to which was referred S.B. No. 1884 entitled:

"A BILL FOR AN ACT RELATING TO PUBLIC ACCESS TO SHORELINES,"

begs leave to report as follows:

The purpose of this measure is to require counties to adopt ordinances that require subdividers or developers to connect existing accesses to the shoreline with lateral public access along the shoreline as a condition to final approval of a subdivision.

Testimony in support of this measure was submitted by the Mayor of the County of Kauai, Life of the Land, and Sierra Club. Testimony in opposition to this measure was submitted by the Land Use Research Foundation of Hawaii. The Department of Land and Natural Resources submitted comments.

Your Committee finds that the public may be able to access shorelines or other coastal areas; however, they may not be able to safely travel from one access point to another due to shoreline erosion or other natural barriers. This measure will require counties to adopt ordinances to address this issue.

Your Committee also noted concerns that although lateral public access for shorelines would apply to subdivisions of six or more lots, the same provisions may not apply to properties classified under the condominium property regime. Thus, the parcel, which may have many more units than a six-lot subdivision, would not be required to provide the same lateral public access.

Your Committee has amended this measure by amending the definition of "lateral public access" to mean "land for public access for pedestrian travel alongside a shoreline or coastline."

As affirmed by the record of votes of the members of your Committee on Water, Land, and Agriculture that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1884, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1884, S.D. 1, and be referred to the Committee on Judiciary and Hawaiian Affairs.

Respectfully submitted on behalf of the members of the Committee on Water, Land, and Agriculture,

____________________________

RUSSELL S. KOKUBUN, Chair