Report Title:
Public Access
Description:
Requires developments of 100 units or more to dedicate land for public access by right-of-way or easement. Requires each county to adopt public access signage guidelines.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2578 |
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TWENTY-FOURTH LEGISLATURE, 2008 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to public access.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 115, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§115- Signage. (a) Each county shall ensure that all public rights-of-way are clearly designated by the posting of clear and understandable signs to inform the public where each right-of-way is and how to reach it.
(b) Each county shall adopt ordinances designating signage guidelines, including guidelines that the signs shall be:
(1) Installed at entrances to and at key places along a right-of-way or easement;
(2) Made of a rigid, durable material;
(3) Fade resistant; and
(4) Firmly attached to a post or wall.
(c) All signs shall include language informing the public of the penalties for obstructing access to public property pursuant to section 115-9 and a telephone number to report any violation of section 115-9."
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] that require a
subdivider or developer, as a condition precedent to final approval of a
subdivision[,] or development,
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, and to dedicate land for public access by [right of way] right-of-way or easement 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[,] or
easement 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[,]
or easement and the subdivider or developer, as the case may be, shall
accordingly be relieved from such costs.
[(d)]
(c) For the purposes of this section[,
"subdivision"]:
"Development" means the construction, reconstruction, demolition, repair, or alteration of the size of any structure comprised of not less than one hundred units.
"Subdivision" means any land [which]
that 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]:
(1) On the final map of the subdivision
or development[.]; and
(2) By the posting of clear and understandable signs to inform the public where the right-of-way is and how to reach it in accordance with section 115‑ .
[(f)] (e) This section shall apply
to the plan of any subdivision or development [which] that has not been approved by the respective
counties prior to July 1, [1973.]
2008."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect on July 1, 2008.
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INTRODUCED BY: |
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