Hawaii Senate Bill SB48

Hawaii 2023 Regular Session

• Introduced: 1/18/23
• Refer: 1/20/23
• Refer: 1/25/23

Caption

Relating To State Lands.

Impact

The bill amends Section 171-53 of the Hawaii Revised Statutes, restricting private reclamation of submerged public lands and instituting a daily fine for violations, starting at $500. In addition to penalties, the bill outlines the process by which the Board of Land and Natural Resources may dispose of presently reclaimed land. This includes requirements that ensure public access is not impeded, environmental impact is minimal, and any costs for maintenance and restoration are borne by the landowner. Thus, it strengthens the state's ability to manage land use in a way that addresses climate resilience.

Summary

SB48, filed in the Thirty-Second Legislature of Hawaii, addresses the critical issue of sea-level rise and its impacts on the state's coastal lands. The bill seeks to establish regulatory requirements and associated penalties for landowners with property adjacent to submerged public lands or lands beneath tidal waters. Its primary objective is to prevent individual landowners from unregulated filling of lands or construction near coastal areas, which can damage shorelines and hinder state adaptation efforts against climate change impacts.

Contention

Notable points of contention around SB48 stem from concerns regarding individual property rights versus environmental protections. Supporters argue that the regulations are necessary for safeguarding natural coastlines and allowing for comprehensive state planning amidst rising sea levels. Critics, however, may see it as an infringement on landowner freedoms, arguing that it could complicate their ability to utilize their properties effectively. The balance between environmental stewardship and property rights is likely to be a central debate as the bill progresses.