Report Title:
Lateral Public Access; Shorelines
Description:
Imposes an additional requirement for subdivision approval, i.e., subdividers and developers must provide a right-of-way or easement to connect existing or proposed shoreline access points for reasonable public access along the shoreline, unless precluded by topography, so the public can easily and safely traverse shoreline areas. (SB1884 HD1)
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THE SENATE |
S.B. NO. |
1884 |
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TWENTY-THIRD LEGISLATURE, 2005 |
S.D. 1 |
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STATE OF HAWAII |
H.D. 1 |
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A BILL FOR AN ACT
relating to public access TO SHORELINES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that the public may be able to access a shoreline or other coastal areas, but may not be able to safely travel from one access point to a different access point due to shoreline erosion or other natural barriers.
The purpose of this Act is to require counties to adopt ordinances that require a subdivider or developer to connect existing or proposed access points to the shoreline with each other to enable the public to easily and safely traverse shoreline areas, as a condition to final approval of a subdivision.
SECTION 2. Section 46-6.5, Hawaii Revised Statutes, is amended to read as follows:
"[[]§46-6.5[]] Public access. (a) Each county shall adopt ordinances which shall require a subdivider or developer, as a condition precedent to final approval of a subdivision, in cases where public access is not already provided[, to]:
(1) To dedicate land for public access by right-of-way or easement [for]:
(A) For pedestrian travel from a public highway or public streets to the land below the high-water mark on any coastal shoreline[, and to]; and
(B) To connect existing or proposed accesses to the shoreline with lateral public access along the shoreline;
and
(2) To dedicate land for public access by [right of way] right-of-way from a public highway to areas in the mountains where there are existing facilities for hiking, hunting, fruit-picking, ti-leaf sliding, and other recreational purposes, and where there are existing mountain trails.
[(b) These ordinances shall be adopted within one year of May 22, 1973.
(c)] (b) Upon the dedication of land for a right-of-way, as required by this section and acceptance by the county, the county concerned shall thereafter assume the cost of improvements for and the maintenance of the right-of-way, and the subdivider shall accordingly be relieved from such costs.
(c) The right-of-way shall be clearly designated on the final map of the subdivision or development.
(d) For the purposes of this section [, "subdivision"]:
"Lateral public access" means land for reasonable public access by right-of-way or easement for pedestrian travel alongside a shoreline or coastline, unless precluded by topography.
"Subdivision" means any land which is divided or is proposed to be divided for the purpose of disposition into six or more lots, parcels, units, or interests and also includes any land whether contiguous or not, if six or more lots are offered as part of a common promotional plan of advertising and sale.
[(e) The right-of-way shall be clearly designated on the final map of the subdivision or development.
(f) This section shall apply to the plan of any subdivision or development which has not been approved by the respective counties prior to July 1, 1973.]"
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 2006.