Hawaii Senate Bill SCR10

Hawaii 2024 Regular Session

• Introduced: 1/24/24
• Refer: 2/12/24

Caption

Authorizing The Issuance Of A Term, Non-exclusive Easement Covering A Portion Of State Submerged Lands At Kaneohe, Koolaupoko, Oahu, For The Existing Concrete Boat Ramp, And For Use, Repair, And Maintenance Of The Existing Improvements Constructed Thereon.

Impact

The resolution's impact includes the approval of a 25-year term non-exclusive easement intended to prevent further complications from the current encroachment status of the boat ramp. This easement allows the property owners to legally use and maintain the boat ramp while addressing the non-conforming status identified by local authorities. It signifies a legal framework that allows for continued public access to the ramp, which serves as a crucial point for local boating activities.

Summary

SCR10 is a Senate Concurrent Resolution that authorizes the Board of Land and Natural Resources to issue a non-exclusive easement regarding a portion of state submerged lands at Kaneohe, Koolaupoko, Oahu. This easement is intended to cover an existing concrete boat ramp, allowing for its repair, maintenance, and continued use. The resolution arises from previous enforcement actions that identified the boat ramp as encroaching onto state submerged lands, thus necessitating formal legislative authorization to rectify this situation.

Contention

Notably, the resolution comes after acknowledgment from the City and County of Honolulu and the Department of Land and Natural Resources that removing the concrete structure would not enhance public access to the shoreline, which raises questions about the balance between regulatory compliance and maintaining community services. There may be contention surrounding the implications of granting such easements, as it could set precedents for similar encroachments along other parts of the coastline.

Further_considerations

The property owners are required to fulfill several conditions associated with the easement, including the payment of a $500 fine for past violations, a monthly rental fee, and a removal bond to cover potential future costs of removing the boat ramp. These provisions aim to protect state interests while allowing the owners some level of security in their investment. The classification of the boat ramp as a non-conforming structure opens discussions about ongoing compliance and future regulatory implications for property structures near the shoreline.