Hawaii Senate Bill SCR228

Hawaii 2023 Regular Session

• Introduced: 3/10/23
• Refer: 3/15/23
• Report Pass: 4/4/23
• Engrossed: 4/5/23
• Refer: 4/11/23

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

If enacted, SCR228 would permit the Board of Land and Natural Resources to issue a 25-year term easement that would allow property owners to utilize, maintain, repair, and potentially remove existing improvements on the submerged lands. The resolution emphasizes that these structures currently play a critical role in erosion control for the nearby properties, which are at risk of environmental damage due to coastal erosion. It would amend existing statutes to clarify the requirements and process for leasing state submerged lands, ensuring compliance with state regulations.

Summary

SCR228 is a Senate Concurrent Resolution authorizing the issuance of a term, non-exclusive easement for a portion of state submerged lands at Maalaea Beach Lots, Wailuku, Maui. This easement is intended to cover an existing seawall and rock revetment that encroaches on state lands. The resolution was prompted by an encroachment issue identified during a collaboration between the Department of Land and Natural Resources and the property owners, who are seeking a legal resolution for maintaining the seawall, which has been deemed to have no significant adverse effects on beach resources.

Sentiment

The sentiment surrounding SCR228 appears supportive among local stakeholders. The proposal is seen as a practical solution to ongoing land use issues that benefit the property owners while maintaining essential erosion control measures. However, concerns could arise regarding environmental implications and public accessibility, stressing the importance of ensuring that any easements accommodate public needs alongside private interests.

Contention

Notably, while the resolution seeks to resolve the current encroachment issue, it also highlights a delicate balance between private property rights and public access to coastal resources. Stakeholders have noted the importance of ensuring that the easement includes provisions for public access to shoreline areas, potentially through the installation of railing or pathways. Thus, any resulting policies may require further discussions to adequately address these conflicting interests.