Requires that agencies protect public rights-of-way to coastal or inland recreational areas. (SD1)

A BILL FOR AN ACT

SECTION 1. The legislature finds that public access to the State's coastal and mountain areas may become obstructed or limited when private property changes ownership, is developed or subdivided, or is rezoned. The purpose of this Act is to protect the public's right to have access to coastal and inland recreational areas and to require state and county agencies to review a public right-of-way that has been available for public use before approving a development project, subdivision project, or zoning initiative that may affect public access.

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 review a public right-of-way that has been available for the general public 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 permission from the current landowner 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."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon July 1, 2050.