HOUSE OF REPRESENTATIVES

H.B. NO.

1385

TWENTY-SIXTH LEGISLATURE, 2011

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to coastline preservation.

 

 

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

 


     SECTION 1.  The legislature finds that the beaches and shorelines of Hawaii are among the State's most valuable natural assets.  It is in keeping with the State's motto, "Ua mau ke ea o ka aina i ka pono", which means that the life of the land is perpetuated in righteousness, and it is in the best interest of the State to protect and preserve natural resources for Hawaii's people and for future generations of residents and visitors.

     The legislature also finds that due to accelerating coastline erosion, diminishing access to the ocean, and legal bifurcation of shoreline administrative responsibilities, it is imperative to begin a new innovative, collaborative effort to preserve and protect coastal areas across the State.  The establishment of a two thousand foot conservation easement along the coast as a no-build buffer zone on all state-owned land on the island of Hawaii would help to preserve and link numerous cultural sites and protect access to beaches for fishing, camping, surfing, and ocean sports for all peoples of the State of Hawaii.

     A two thousand foot conservation easement coastline buffer zone will protect the coral reefs from degradation caused by sedimentation from grubbing and grading that has already killed parts of the reef north of Kawaihae and at the Hokulia subdivision in south Kona.  The buffer zone protecting the reef will provide abundant habitat for fish and all ocean species, and protect fishing and ocean gathering for generations to come.  Establishing a buffer zone along the full length of the one hundred seventy-five mile long Ala Kahakai National Historic Trail would provide space for a parallel trail for hiking and biking, and link all four of the national parks that could be the basis for an eco-tourism industry on the island of Hawaii.

     The purpose of this Act is to encourage the preservation of the State's coastal areas for the use and enjoyment of residents and visitors by placing a two thousand foot no-build conservation easement buffer zones along Ala Kahakai National Historic Trail and all state-owned coastal lands on the island of Hawaii, which is approximately 98.4 miles of coastline.

     SECTION 2.  (a)  Notwithstanding any other law to the contrary, the department of land and natural resources shall record and manage a conservation easement, which shall contain the following language:

     "The State of Hawaii shall establish a two thousand foot conservation easement coastal buffer zone on all state-owned lands on the island of Hawaii that shall comprise a no-build zone (except for necessary park buildings), to be managed in perpetuity for the use and enjoyment of all of the people of Hawaii.  This land can never be sold, mortgaged, transferred, traded, or rezoned in whole or in part in any way.  The purpose of this easement is to preserve cultural sites, promote sustainable fishing practices, preserve coastline access, and promote healthy recreation for the people of Hawaii."

     (b)  The termination of coastal construction shall not apply to any harbor expansion or structures for which all necessary building permits have been approved prior to the effective date of this Act.

     (c)  For the purposes of this Act, "Ala Kahakai National Historic Trail" means that part of the shoreline of the island of Hawaii that begins at Upolu Point in the North Kohala District and ends at Hawaii Volcanoes National Park, as designated by the National Park Service in its comprehensive management plan.

     SECTION 3.  This Act shall take effect upon approval.

 

INTRODUCED BY:

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Report Title:

Conservation Easement; No-Build Zone; Coastal Protection

 

Description:

Requires DLNR to establish a conservation easement and no-build zone along Ala Kahakai National Historic Trail and state-owned coastal lands on the island of Hawaii.

 

 

 

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