RESOLUTION

WHEREAS, shorelines and beaches represent one of Hawaii's most valuable natural resources and provide important recreational, cultural, and social resources for residents and tourists; and

WHEREAS, shoreline erosion often occurs where beaches are starved for sand in front of seawalls and other shoreline structures designed to protect buildings and coastal lands; and

WHEREAS, it is the policy of the State of Hawaii and counties to protect and preserve the natural shoreline, especially sandy beaches, and to ensure public pedestrian access laterally along the shoreline; and

WHEREAS, in furtherance of this policy, the State and counties have established a shoreline setback system to ensure that construction of buildings near the shoreline do not adversely affect beach processes and public access along the shoreline; and

WHEREAS, the two major components of this system include first determining the location of the shoreline through the shoreline certification process and then regulating the established setback requirements from the certified shoreline; and

WHEREAS, the Marine Coastal Zone Advocacy Council "Shoreline Working Group" issued recommendations on December 4, 2003 that included:

WHEREAS, the Department of Land and Natural Resources, in conjunction with the Department of Accounting and General Services through its Land Survey Division, is responsible for determining the location of the shoreline, while the counties are responsible for regulating uses within the shoreline setback areas; and

WHEREAS, the Department of Land and Natural Resources recently amended the shoreline certification rules but did not address some of the more complicated issues surrounding the shoreline certification process, including but not limited to, revising the definition of "shoreline" and the method of locating the shoreline; and

WHEREAS, discussions have been initiated to examine these issues and the Legislature desires to formalize these discussions; now, therefore,

BE IT RESOLVED by the Senate of the Twenty-third Legislature of the State of Hawaii, Regular Session of 2005, the House of Representatives concurring, that the Department of Land and Natural Resources is requested to conduct a review of the issues surrounding the shoreline certification process for the purpose of shoreline setbacks; and

BE IT FURTHER RESOLVED that the Department of Land and Natural Resources is requested to form and chair a working group that includes the Department of Business, Economic Development, and Tourism (Office of Planning and Coastal Zone Management Program), the Department of Accounting and General Services (Land Survey Division), a representative from the Office of Hawaiian Affairs, the University of Hawaii, county planning departments, a representative from the Marine and Coastal Zone Advocacy Council, private land surveyors and landowners, environmental and cultural organizations, and individuals with expertise or interest in the area of shoreline certification; and

BE IT FURTHER RESOLVED that the working group is requested to review current laws and administrative rules governing shoreline certifications by identifying specific problems and issues regarding the implementation of the laws and rules, exploring alternatives, and making recommendations to address the problems and issues; and

BE IT FURTHER RESOLVED that the Department of Land and Natural Resources is requested to submit the findings and recommendations of the working group to the Legislature not later than twenty days before the convening of the Regular Session of 2006; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Chairperson of the Board of Land and Natural Resources, the Director of Business, Economic Development and Tourism, the Comptroller, the Administrator of the Office of Hawaiian Affairs, the President of the University of Hawaii, the directors of each county's planning department, and the Marine and Coastal Zone Advocacy Council.

Report Title:

DLNR; Shoreline Certifications; Review.