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CHAPTER 115
PUBLIC ACCESS TO COASTAL
AND INLAND RECREATIONAL
AREAS
Section
115-1 Findings and purpose
115-2 Acquisition of lands for public rights-of-way and
public transit corridors
115-3 Criteria for public rights-of-way
115-3.5 Restricting passage over rights-of-way
115-4 Right of transit along shorelines
115-5 Transit area and public transit corridor defined
115-6 Procedure
115-7 State and county co-sponsorship of programs
115-8 Expending agency
115-9 Obstructing access to public property; penalty
Note
Chapter heading amended by L 1977, c 164, §§2.
Cross References
Statewide trail and access system, see chapter 198D.
Law Journals and Reviews
Beach Access: A Public Right? 23 HBJ 65.
Case Notes
Existence of chapter does not preclude private right of action to force
beach access. 65 H. 383,
652 P.2d 1130.
§§115-1 Findings and purpose. The legislature finds that miles
of shorelines, waters, and inland
recreational areas under the jurisdiction of the State are inaccessible
to the public due to the
absence of public rights-of-way; that the absence of public rights-of-way
is a contributing factor
to mounting acts of hostility against private shoreline properties
and properties bordering inland
recreational areas; that the population of the islands is increasing
while the presently accessible
beach, shoreline, and inland recreational areas remain fixed; and that
the absence of public
access to Hawaii's shorelines and inland recreational areas constitutes
an infringement upon the
fundamental right of free movement in public space and access to and
use of coastal and inland
recreational areas. The purpose of this chapter is to guarantee the
right of public access to the
sea, shorelines, and inland recreational areas, and transit along the
shorelines, and to provide for
the acquisition of land for the purchase and maintenance of public
rights-of-way and public
transit corridors. [L 1974, c 244, §§1; am L 1977, c 164,
§§3]
§§115-2 Acquisition of lands for public rights-of-way and
public transit corridors. When the
provisions of section 46-6.5 are not applicable, the various counties
shall purchase land for
public rights-of-way to the shorelines, the sea, and inland recreational
areas, and for public
transit corridors where topography is such that safe transit does not
exist. [L 1974, c 244, §§2;
am L 1977, c 164, §§4]
[§§115-3] Criteria for public rights-of-way. A distance at
reasonable intervals taking into
consideration the topography and physical characteristics of the land
the public is desirous of
reaching is established as the maximum between public rights-of-way
for the purposes of this
chapter. [L 1974, c 244, §§3]
[§§115-3.5] Restricting passage over rights-of-way. A county
may restrict passage over a
public right-of-way by resolution or ordinance, provided that the resolution
or ordinance sets
forth criteria for determining that the restriction is in the public
interest. [L 1993, c 113, §§1]
§§115-4 Right of transit along shorelines. The right of access
to Hawaii's shorelines includes
the right of transit along the shorelines. [L 1974, c 244, §§4;
am L 1991, c 37, §§2]
[§§115-5] Transit area and public transit corridor defined.
The right of transit along the
shoreline exists below the private property line which is defined as
being along the upper reaches
of the wash of waves, usually evidenced by the edge of vegetation or
by the debris left by the
wash of waves. However, in areas of cliffs or areas where the nature
of the topography is such
that there is no reasonably safe transit for the public along the shoreline
below the private
property lines, the counties by condemnation shall establish along
the makai boundaries of the
property lines public transit corridors which shall be not less than
six feet wide. [L 1974, c 244,
§§5]
[§§115-6] Procedure. The provisions of this chapter shall
be executed under provisions of
chapter 101. [L 1974, c 244, §§6]
[§§115-7] State and county co-sponsorship of programs. The
department of land and natural
resources shall enter into agreements with the council of any county
providing for the acquisition
of public rights-of-way and public transit corridors pursuant to this
chapter; provided that the
county shall match the funds which have been appropriated by the legislature.
The development
and maintenance of the rights-of-way and public transit corridors shall
be the responsibility of
the county. [L 1974, c 244, §§7]
[§§115-8] Expending agency. The department of land and natural
resources shall expend all
sums appropriated for the purposes of this chapter and in accordance
with section 115-7. [L
1974, c 244, §§8]
[§§115-9] Obstructing access to public property; penalty.
(a) A person commits the offense
of obstructing access to public property if the person, by action or
by having installed a physical
impediment, intentionally prevents a member of the public from traversing:
(1) A public right-of-way;
(2) A transit area; or
(3) A public transit corridor;
and thereby obstructs access to the sea, the shoreline, or any inland
public recreational area.
(b) Physical impediments that may prevent traversing include but are
not limited to the
following:
(1) Gates;
(2) Fences;
(3) Walls;
(4) Constructed barriers;
(5) Rubbish;
(6) Security guards; and
(7) Guard dogs or animals.
(c) Obstructing access to public property is a misdemeanor.
(d) Minimum fines for violation under this section shall be as follows:
(1) $1,000 for a second conviction; and
(2) $2,000 for any conviction after a second conviction.
(e) As used in this section:
"Person" means a natural person or a legal entity.
"Public recreational area" means public lands or bodies of water opened
to the public for
recreational use. [L 2004, c 169, §§2]
IMPORTANT NOTICE: Funding for life guards at Makena State Park
has been approved by the legislature to take effect July 1, 2007. The legislation
reads as follows: SECTION 98. Provided that of the general fund appropriation
for parks administration and operations (LNR 806), the sum of $606,534
or so much thereof as may be necessary for fiscal year 2007-2008 and the
same sum or so much thereof as may be necessary for fiscal year 2008-2009
shall be expended by the department of land and natural resources for the
purpose of salary, fringe benefits, overtime compensation, and training
for county lifeguard services for the islands of Maui and Kauai; provided
further that of the above sums, the sum of $406,469 shall be recurring,
set aside for the sole purpose of lifeguard compensation, fringe benefits,
and training for the county of Maui, provided further that of the above
sums, the sum of $200,065 shall be recurring, set aside for the sole purpose
of lifeguard compensation, fringe benefits, and training for the county
of Kauai; and provided further that any unexpended funds shall lapse to
the general fund.
Contacts: Stewards of Makena
Friends of Makena State Park was formally formed in 2003 to assist the Hawai'i Department of Land and Natural Resources in the stewardship of Makena State Park.
Membership is open to anyone interested in the stewardship of the unique natural resource that constitutes Makena State Park situated on the island of Maui in the Hawai 'i Islands. The world famous nude beach known as Little Beach is contiguous to Makena State Park.
To declare your membership and to receive the electronic newsletter
of
Dr. Leisure's Friends of Makena State Park click this link: LittleBeachMaui-subscribe@topica.com
and send a blank email.
Consider a contribution to Doctor Leisure if you want to help defray
the cost of this site and the efforts to obtain lifeguards. Enter the amount
you wish to contribute. I would rather see a lot of small donation $25
or less. If you want to send more sizable please make check payable to
Church and School of International Détente and submit to PO Box
1137, Kihei, HI 96753-1137 The Church is tax exempt under State and Federal
law. Aloha for your support.
Dr. Leisure's Friends of Makena State Park
PO Box 1137
Kihei, HI 96753
808-250-4160
--Dr. George R. Harker can be reached by email at drleisure1@aol.com.
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