REPORT TITLE:
Public Access


DESCRIPTION:
Establishes the public's right to access the State's recreational
and cultural resources.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           559
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                     A BILL FOR AN ACT

RELATING TO PUBLIC ACCESS.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  The legislature finds that public access to the
 
 2 State's recreational and cultural resources is imperative.  Over
 
 3 time, access has been increasingly restricted.  Existing
 
 4 mechanisms do not adequately ensure public access particularly
 
 5 since the public is rarely able to participate in the subdivision
 
 6 process.  The legislature further finds that the public right of
 
 7 access cannot be exercised if the public cannot get to access
 
 8 ways or if the public is unable to find access ways.  Legislative
 
 9 action is necessary to provide the public with opportunities to
 
10 enjoy and appreciate the State's beauty and resources.
 
11      SECTION 2.  The Hawaii Revised Statutes is amended by adding
 
12 a new chapter to be appropriately designated and to read as
 
13 follows:
 
14                             "CHAPTER
 
15                           PUBLIC ACCESS
 
16      §   -1  Definition.  As used in this chapter, "land use
 
17 approval" shall include amendments to state land use district
 
18 boundaries, development plans and community plans, zoning
 
19 changes, conservation district land use approvals, special
 

 
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                                     S.B. NO.           559
                                                        
                                                        

 
 1 permits in rural and agriculture districts, development
 
 2 agreements, special management area use permits, special
 
 3 management area minor permits, shoreline setback variances, and
 
 4 subdivision approvals.
 
 5      §   -2  Land use approvals.  Prior to any state or county
 
 6 land use approval for any development, the approving agency shall
 
 7 ensure that free and unimpeded public access by right-of-way or
 
 8 easement to the shoreline, mountains, or other recreational,
 
 9 cultural, or natural resource is provided as a condition of
 
10 approval; provided that such a condition shall not be imposed if
 
11 public access is already provided within a reasonable distance of
 
12 the site as determined by the approving agency.  The right-of-
 
13 way together with free public parking shall be clearly designated
 
14 on maps submitted to the state or county agency.  Parking in a
 
15 lot or on-street shall be provided within three hundred feet of
 
16 the access points.  Notice of the public access and public
 
17 parking shall be posted along public streets and in the case of
 
18 gated developments at the entrance to the community."
 
19      SECTION 2.  This Act shall take effect upon its approval.
 
20 
 
21                              INTRODUCED BY:______________________