Hawaii House Bill HB1363

Hawaii 2022 Regular Session

• Introduced: 1/27/21
• Refer: 2/1/21

Caption

Relating To Shorelines.

Impact

The legislation limits the duration of shoreline encroachment easements to a maximum of ten years and prohibits the granting of new easements or the renewal of existing ones until new rules are established. This limitation is a direct response to the unsustainability of current practices, which can allow easements to exceed fifty years even when structures may be at risk of being submerged due to anticipated sea level increases. By imposing these restrictions, the bill aims to protect both public interests and private properties by ensuring that future encroachments are evaluated continuously in light of changing environmental conditions.

Summary

House Bill 1363 addresses the critical issue of shoreline encroachments in the state of Hawaii, prompted by the increasing risks associated with climate change and rising sea levels. The bill mandates the Board of Land and Natural Resources to establish policies that will guide the granting or renewal of shoreline encroachment easements. Notably, these policies must incorporate assessments of sea level rise impacts on the shoreline and structures that encroach on public land, illustrating a commitment to safeguarding Hawaii's coastal environment and infrastructure.

Contention

The introduction of HB 1363 has been met with some contention as it reflects a shift in policy that could affect landowners and developers who currently benefit from longer-term easements. While proponents argue that the bill is essential for responsible environmental stewardship, detractors may perceive it as an infringement on property rights and economic interests. There is a delicate balance between protecting natural resources and allowing for development, thus sparking debate among stakeholders about the future of land use along Hawaii's coastlines. Enhanced evaluation of encroachments might lead to increased costs or delays in permission to build or renew structures on sensitive coastal lands.