Hawaii House Bill HCR149

Hawaii 2023 Regular Session

• Introduced: 3/10/23
• Refer: 3/15/23

Caption

Authorizing The Issuance Of A Term, Non-exclusive Easement Covering A Portion Of State Submerged Lands At Maalaea Beach Lots, Waikapu, Wailuku, Maui, For The Existing Seawall And Rock Revetment, And For Use, Maintenance, Repair, Replacement, And Removal Of The Existing Improvements Constructed Thereon.

Impact

The issuance of this easement is significant as it provides legal backing for the seawall, which is deemed crucial for erosion control of potentially threatened structures in the area. The Department of Land and Natural Resources has indicated that the seawall does not adversely affect beach and recreational resources and does not hinder public access. This determination was made after assessing that similar structures neighboring the property exist, underscoring the need for a consistent approach to coastal management in light of ongoing erosion concerns.

Summary

HCR149 is a resolution from the House of Representatives of Hawaii, which authorizes the Board of Land and Natural Resources to issue a term, non-exclusive easement for a portion of the state submerged lands located at Maalaea Beach Lots in Wailuku, Maui. The easement concerns an existing seawall and rock revetment that is currently encroaching on state lands, allowing for their use, maintenance, repair, replacement, and removal. The resolution aims to resolve longstanding issues related to the encroachment and its implications on land use and property rights.

Contention

While the resolution is framed as a necessary step in managing coastal resources, it may raise questions among stakeholders about land use priorities and environmental safeguards. Critics might argue that authorizing long-term easements for structures like seawalls could set a precedent that affects public access to coastal areas and raises concerns about the long-term effects on marine ecosystems. The change from a 55-year to a 25-year term for the easement brings additional focus on the necessity for re-evaluation and potential adjustments based on environmental impacts and the changing landscape of Maui's shoreline.