Requires counties to adopt ordinances that require subdividers or developers to connect existing accesses to the shoreline with lateral public access along the shoreline as a condition to final approval of a subdivision. (SD1)

A BILL FOR AN ACT

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] that 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 dedicate land for public access by right-of-way or easement for pedestrian travel from a public highway or public streets to the land below the high-water mark on any coastal shoreline, to connect existing accesses to the shoreline with lateral public access along the shoreline, and 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. For the purposes of this subsection, "lateral public access" means land for public access for pedestrian travel alongside a shoreline or coastline.

[(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.

[(d)] (c) For the purposes of this section, "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)] (d) The right-of-way shall be clearly designated on the final map of the subdivision or development.

[(f)] (e) 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. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.