Clarifies that obstructions to the sea or to or along the shoreline or inland public recreational areas or government roads are prohibited. Clarifies that inland public recreational areas include public trails. Requires that agencies protect public rights-of-way to coastal or inland recreational areas. (SD1)

A BILL FOR AN ACT

SECTION 1. The purpose of this Act is to amend the laws that affect public access to coastal and inland areas. Part I of this Act provides more protection to the public's right to have access to coastal and inland recreational areas and requires state and county agencies to ensure that a public right-of-way is available for public use before approving a development project, subdivision project, or zoning initiative that may affect public access. Part II of this Act clarifies the definition of inland public recreational areas and provides specific prohibitions for obstructing public access in coastal and inland areas.

PART I

SECTION 2. Chapter 115, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§115-   Permits; zoning; development and subdivision projects. Prior to granting or renewing a permit for or approving a development project, subdivision project, or zoning initiative that may affect public access to the sea, the shoreline, or any coastal or inland public recreational areas, an agency shall ensure that a public right-of-way is available for the general public to use to access a public beach, shore, park, trail, or other public recreational area.

As used in this section:

"Agency" means any board, commission, council, department, district, or office of the State, or any of the counties, with the authority to issue a permit, license, or approval for a development project, subdivision project, or zoning initiative.

"Public recreational area" means public lands or bodies of water opened to the public for recreational use.

"Public right-of-way" means an easement or way over which the general public has the right to travel and which is used by or intended for use by the general public primarily to access a public beach, shore, park, trail, or other public recreational area, including a lateral easement along the shoreline, coastline, or beach."

PART II

SECTION 3. Section 115-9, Hawaii Revised Statutes, is amended to read as follows:

"[[]§115-9[]] Obstructing access to public property; penalty. (a) A person commits the offense of obstructing access to public property if the person, by action or by having installed a physical impediment, intentionally prevents a member of the public from traversing:

and thereby obstructs the right-of-way, area, or corridor itself, or access to the sea[,] or to or along the shoreline, [or] any inland public recreational area[.], or government road.

(b) Physical impediments that may prevent traversing include but are not limited to the following:

(c) Obstructing access to public property is a misdemeanor.

(d) Minimum fines for violation under this section shall be as follows:

(e) As used in this section:

"Person" means a natural person or a legal entity.

"Public recreational area" means a public trail and public lands or bodies of water opened to the public for recreational use."

PART III

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.