Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Water, Land Use, and Hawaiian Affairs, to which was referred H.B. No. 495 entitled:

begs leave to report as follows:

The purpose of this bill provides that the edge of vegetation should not be considered in determining the shoreline when the edge of vegetation was created or extended by planting done through human intervention.

Your Committee finds that section 205A-1, Hawaii Revised Statutes, which defines the "shoreline" as the edge of vegetation growth or the upper limit of debris left by the wash of the waves, is being circumvented by individuals who are extending their property line seaward from the original shoreline by planting vegetation. Construction setbacks could occur using this erroneous delineation, which would affect the health of the beach, the safety of the landowner, and the public's right to lateral shoreline access.

The Department of Business, Economic Development and Tourism provided written testimony requesting that further study be done on this subject.

The Department of Land and Natural Resources provided written testimony in support of the intent of the measure but suggested that further review be made.

A coastal geologist testified in support of this measure. Written testimony in support was also provided by the Hawaii county planning department, Hawaii Reserves, Inc., and the Sierra Club.

As affirmed by the record of votes of the members of your Committee on Water, Land Use, and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 495 and recommends that it pass Second Reading and be referred to the Committee on Judiciary.